HomeMy WebLinkAbout- Permits - 1429 OSGOOD STREET 8/23/2018 (3) • 3
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"Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1735
Bureau of Resource Protection-Wetlands eDEP Transaction#t:1041842
WPA Form 5-Order of Conditions CitylTawn:NORTH ANDOVER
Massachusetts Wetlands Protection Act M,G.L.c. 131,§40
A.General Information
1.Conservation Commission NORTH ANDOVER
2,Issuance a. W OOC b,r, Amended OOC
3.Applicant Details i
a.First Name JEFF b.Last Name OLIVER
c.Organization OLIVER ENTERPRISES,INC.
d.Mailing Address 5 HANCOCK STREET
e.City/Town WOBURN f•State MA g.Zip Code 01801
4,Property Owner
a.First Name JEFF b,Last Name OLIVER
c.Organization OLIVER ENTERPRISES,INC.
d.Mailing Address 5 HANCOCK STREET
e.City/Town WOBURN f.State MA g.Zip Code 01801
5.Project Location
a.Street Address 1429 OSGOOD STREET
b.City/I'own NORTH ANDOVER c.Zip Code 01845
d.Assessors 34 e.Parcel/Lot#/ 20 i
Map/Plat#
f.Latitude 42.72634N g.Longitude 71.11138W
6,Property recorded at the Registry of Deed for:
a.County b.Certificate c,nook d.Page
NORTHERN ESSEX 15209 124
7.Dates
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a.Date NOI Filed:4/1212018 b.Date Public Hearing Closed: 8/22/2018 c.Date Of Issuance: 8/23/2018
8 Xinal Approved Plans and Other Documents I
a.Plan Title: b.Plan Prepared by., c.Plan Signed/Stamped by: d.Revised Final Date: e.Seale:
CORRIDOR
DEVELOPMENT
DISTRICT PLAN
FOR MIXED-USE
DEVELOPMENT
1429 OSGOOD ALLEN&MAJOR WAYNE A.KEEFNER,P.E. 07/05/18 1"=20'
STREET NORTH ASSOCIATES,INC.
ANDOVER,MA
SHEETS:C-
001&002,V101,
C101-106,L101 &
103,C501&502
B.Findings
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AT 11,ST:
A True Copy
Town Clerk
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Massachusetts Department of Environmental Provided by MassDEP:
Protection Mas%DEP File 4:242-1735
Bureau of Resource Protection-Wetlands eDFP Transaction#:1041842
WPA Form 5-Order of Conditions City/rown:NORTIi[ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
1.Find ngs 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 Commnission 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.W Public Water Supply b.r Land Containing Shellfish c.17 Prevention of Pollution
d.W Private Water Supply e. 17 Fisheries £ W Protection of Wildlife Habitat
g.W Ground Water Supply h.P Storm Damage Prevention i.P. Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.P The following conditions which are necessary in accordance with the performance standards set forth in the
wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of
Intent referenced above,the following General Conditions,and any other special conditions attached to this
Order.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.
Therefore,work on this project may not go forward unless and until 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,r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A description of the specific information which is Jacking and why it is necessary is attached to
this Order as per 310 CMR 10.05(6)(c).
Buffer Zone Impacts:Shortest distance between limit ofproject disturbance and the wetland
3'1— resource area specified in 310CMR10.02(1)(a).
a,linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r-Bank
:
a.linear feet b, linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b,square feet c.square feet d.square feet
6.I'"Land under Waterbodies and Waterways
a.square feet b,square feet c.square feet d.square feet
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Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File 4:242-1735
Bureau of Resource Protection-Wetlands eDEP Transaction#:1041842
WPA Form 5-Order of Conditions city/1own:NORTHA1vDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 1
e.c/y dredged f.c/y dredged
7.t-Bordering Land Subject to Flooding
a,square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8J-Isolated Land Subject to Flooding
a,square feet b,square feet I
Cubic Feet Flood Storage
c,cubic feet d.cubic feet e.cubic feet f.cubic feet
9.9-Riverfront Area 45554 45554
a.total sq.feet b,total sq. feet
Sq R within 100 ft 14473 14473
c.square feet d.square feet e.square feet f square feet
Sq ft between 100-200 ft 31081 31081
g.square feet h.square feet i.square feet j.square feet j
Coastal Resource Area Impacts: i
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement ]
10.f Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a,square feet b.square feet
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c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13,r Coastal Beaches i
a.square feet b,square feet c.c/y nourishment d.c/y nourislunent j
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 Shores
a.square feet b,square feet
17.1-Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.0 Ladd Under Salt Ponds
a,square feet b.square feet
c.c/y dredged d.cly dredged,
19.1 Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
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[F Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 1/:242-1735
Bureau of Resource Protection-Wetlands eDEP'1'ransaction M1041842
WPA Form 5-Order of Conditions City/I'own:NORTH ANDOVER i
Massachusetts Wetlands Protection Act M.G.L.c. 13I,§40
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodics and Waterways,
above E
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c,e/y dredged d,e/y dredged
21 J—Land Subject to Coastal Storm Flowage I
a.square feet b.square feet
22.
I— Restoration/I nhaneeinent(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 I3,5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW 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.
a.number of new stream crossings b.number of replacement stream
crossings
C.General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to
private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following apply: I
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
year's,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.
S. This Order may be extended by the issuing authority for one or more periods of up to three years cacti upon
application to the issuing authority at least 30 days prior to the expiration date of the Order.
G. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trasb,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.
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Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File#:242-1735
Bureau of Resource Protection-Wetlands eDEP't ransaction#:1041842
City/1'owwNORTE ANDOVER
WPA Form 5 r Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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
Conunission on the form at the cad 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 beating
the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1735"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
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Conservation Commission shall be a party to all agency proceedings and bearings before Mass DER
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission,
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall
have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with j
the conditions stated in this Order,and may require the submittal of any data deemed necessary by the
Conservation Conmmission 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 Wctland,the
boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.
Once ill place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been
issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized
with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During
construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall
remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to
require additional erosion and/or damage prevention controls it may deem necessary.Sedimentation barriers
shall serve as the limit of work unless another limit of work line has been approved by this Order. `
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. Tire work associated with this Order(the"Project")is(1)R is not(2)I-' 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
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 11:242-1735
Bureau of Resource Protection-Wetlands eDEP Transaction#:1041842
WPA Form 5-Order of Conditions Citytfown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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 tine
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is
fully stabilized;W. any illicit discharges to the stormwater management system have been removed,as per
the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in
accordance with the plans(including all planting plans)approved by the issuing authority,and have been
inspected to ensure that they are not damaged and that they are in proper working condition;v any vegetation
associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party
has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or
Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")
for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation
and Maintenance Plan("O&M Plan")and certifying the following:i.)tine 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-
terra pollution prevention plan section of[lie approved Stormwater Report and,if applicable,the Stormwater
Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector
General Permit.
e) Unless and until another party accepts responsibility,tine 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.Array 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 tine 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")
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP Vile#:242-1735
Bureau of Resource Protection-Wetlands eDEP Transaction 9:1041842
Cityaown:NORTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with tine requirements for each BMP established in
the O&M flan approved by the issuing authority.
h) All sediment or other contaminants removed from stonnwater BMPs shall be disposed of in accordance with
all applicable federal,state,and local laws and regulations.
i} Illicit discharges to the stonmwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stonnwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit{as
defined in the MassDEP Storinwater 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 stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions:
SEEATTACHED
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Massachusetts Departinent of Environmental Provided byMassDEP:
Protection MassDEP File#:242-1735
Bureau of Resource Protection-Wetlands cDEP Transaction it;1041842
WPA Form 5-Order of Conditions City/Town:NOR'I'H ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
D.Findings Under Municipal Wetlands Bylaw or Ordinance
Lis a municipal wetlands bylaw or ordinance applicable?ry Yes I'" No
2.The Conservation Commission hereb check one that applies):
a.r DENIES(lie 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'r APPROVES the proposed work,subject to(lie following
additional conditions.
NORTH ANDOVER
WETLANDS j
1.Municipal Ordinance or Bylaw PROTECTION 2,Citation CHAPTER 178
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. i
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED
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Massachusetts Department of Environmental Provided by MassDEP:
MassDEP File 11:242-1735
Protection cDEP Transaction 11:1041842
Bureau of Resource Protection-Wetlands Cityfrown:NORTI-I ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
E.Signatui*cs
This Order is valid for three years from the date of issuance,unless otherwise
specified pursuant to General Condition 1/4.If this is an Amended Order of
I,4Datc o Original rder
Conditions,the Amended Order expires oil the same date as the original Order of
Conditions.
Please indicate the number of members who wilt 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:
F by]land delivery on 6y certified mail,return receipt requested,on
Date Date
F.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,
or any ten residents of the City or town in which such land is located,are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by
certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date
of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Departmerifs 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.
Tile 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 tile interests identified in the Massachusetts'Wetlands Protection Act
(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the
Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction,
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Massachusetts Department of Cnvirmnnental Provided by MassDEP: a
Protection MassDEP File#:242-1735
Bureau of Resource Protection-Wetlands eDEP Transaction#:1041842
WPA Form 5•-Order of Conditions Citytrown:NORTHANDOVE1t
Massachusetts Wetlands Protection Act M,G.L.c. 131,§40
(M.G,L.c. 131,§40),and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the
Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
G.Recox•ding Inforination
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 j
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 Connnission.
----------------------- --------------- ................. -----._........_..--•-----------•-•------------------------.-----------------------..__._...------..
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1429 OSGOOD STREET 242-1735
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner JEFFOLIVER
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:
i
Date
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If recorded land,the instrument number identifying this transaction is:
Inshurnent Number
If registered land,the document number identifying this transaction is:
Document Number
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Massachusetts Department of Envil-011melltal Provided by MassDEP:
Protection MassDEP File-4:242-1735
Bureau of Resource Protection-Wetlands cDEP Transaction#:1041842
City/Town:NORTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c, 131,§40
Signature of Applicant 41112010
Page I 1 of 11 ELECTRONIC COPY
DEP IF, #242- 1735
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Therefore, the North Andover Conservation Con nission (hereafter the"NACU) hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans,s ecifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: reuse of an existing 21,300 s.f. commercial building and
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associated pavement/parking area. Interior and exterior renovations are proposed
including parking,vehicle access,landscaping,storxxtwater/drainage improvements,
utility upgrades and material storage areas. Pavement removal is also proposed.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant/Owner: Jeff Oliver
Oliver Enterprises,Inc.
5 Hancock Street
Woburn,MA 01801
Notice of Intent filed by: Wayne Keefner
Allen&Major Associates,Inc.
100 Commerce Way
Woburn, MA 01801
Received: April 12, 2018
Site Plans prepared by: Allen&Major Associates, Inc.
Title: Corridor Development District Plan For Mixed
Use Development
1429 Osgood Street, North Andover,MA I
Sheets:
Cover Sheet 1
Sheet C-001 &002 Abbreviations &Notes
Sheet V-101 Existing Conditions Plan
Sheet C-101 Site Preparation Plan
Sheet C-102 Layout&Materials Plan
Sheet C-103 Grading &Drainage Plan
Sheet C-104 Utilities Plan
Sheet C-105 Turning Movement 1
Sheet C-106 Turning Movement 2
Sheet L-101 -103 Landscape Plan
242-1735,Osgood St 1429 OQC Spec Conditions 1 NACC 8/23/2018
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DEP FILE 0 242 - 1735
Sheet C-501 -502 Details
Issued: April 12,2018
Last Revised:July 05,2018
Signed and Stamped by: Wayne A. Keefner,P.E.
Stormwater Report
prepared by: Allen&Major Associates, Inc.
Title: 1429 Osgood Street North Andover,
Massachusetts Drainage Report
Long Term Pollution Prevention Plan
f
Issued: April 12,2018
Revised:July 05,2018
Stamped by: Wayne A. Keefner,P.E.
Peer Review Letters: Horsley Witten Group
294 Washington Street,Suite 801
Boston,MA 02108
Dates: May 2,2018 &July 11, 2018
Signed by:Janet Carter Bernardo, PE
Peer Review Response
Letters: Letter from Allen&Major Associates,Inc.
Date:July 5, 2018
Signed by: Wayne Keefner,P.E.
Other Record Documents: Waiver Request Form
Dated: 4/12/18
Letter from Allen&Major Associates,Inc.
Signed by: Wayne Keffner,P.E.
RE: A&M Project#: 2351-02
Notice of Intent
Waiver for local 25 ft. No-Disturbance Zone &50 No-
Build Zone 1429 Osgood Street
22, The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
242-1735,Osgood St 1429 OOC Spec Conditions 2 NACC 8/23/2018
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DEP PILE#242- 1735
24, Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25, This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions,the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements,photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
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 30prior to the expiration date of the Order (Refer to Sect-ion 83 of the North
Andover Wetland Regulations).
29.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department,
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32.The following wetland resource area is affected by the proposed work: Riverfront
Area and Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas
are significant to the interests of the Act and Town Bylaw as noted above and therein.
242-1735,Osgood St 1429 OOC Spec Conditions 3 NACC 8/23/2018
DF,P FILE#242 - 1735
The applicant has not attempted to overcorne the presumption of significance of these
resource areas to the identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein(Al-A19 and BNK 1-17).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a 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 approved under the waivers
requested and shown on the plans referenced herein. 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 &.fippendix .1'of the
local PegWatims).
35.The applicant's Bioretention Planting Plan as shown on Sheet L-101 Landscape Plan
and detailed on Sheet L-102 is acceptable to the NACC.The area will be planted in
accordance with Planting Schedule (all species shall be native to Massachusetts).
Plantings will be monitored for two growing seasons (fall and spring for two years)
with a monitoring report,including photographs,submitted to the NACC by
November 1 and June 1 of each year. Plants that die or are not thriving during the
monitoring period shall be replaced.
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 agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system., if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
PRIOR TO CONSTRUCTION
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DEP FILL#242- 1735
38, No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Regisft y 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
corrunencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1735."
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction,
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval,a dated and detailed sequence of construction,including the installation of
erosion controls, stormwater infrastructure, removal of concrete foundation and slab,
paving, and buffer zone restoration through final stabilization.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. Except in wetland impact areas, 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
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shall be confirmed by the NACC. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete, Workers should
be informed that no use of machinery,storage of machinery or materials, stockpiling
of soil, or construction activity is to occur beyond this line at any time.
45. Biodegradable silt sock. (winimum 12-inch compost or bark mulch sock) backed by
trenched siltation fence shall be placed between all construction areas and resource
areas as shown on the herein referenced plan. The erosion control barrier will be
survey staked and properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior
to the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent, The NACC reserves the right to impose additional
conditions on portions of tl-is project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s)referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request,
46. The applicant shall have on hand at the start of any soil disturbance a minimum of 50
feet of additional silt sock and an adequate amount of silt fence to back said sock. Said
supplies shall be used only for the control of emergency erosion problems and shall
not be used for the normal control of erosion.
47. Prior to the commencement of any work, the applicant shall submit to the
Conservation Department confirmation of the"active" EPA NOI status and a copy of
the final NPDES Storin Water Pollution Prevention Plan(SWPPP).
48. A check payable to the Town of North Andover shall be provided in the amount of
$7,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
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.
49. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
242-1735,Osgood St 1429 OOC Spec Conditions 6 NACC 8/23/2018
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sedimentation control devices. The name and phone number of the erosion control
mordtor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes (or) The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition.,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts, The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure,
51. Prior to construction,the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone"/edge of pavement with signs or markers spaced evenly every fifty
(50)feet incorporating the following text: "Protected Wetland Resource Area" and the
associated rules. This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round/$3
square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
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53, Once these above mentioned pre-construction requirements are complete.,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with the 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).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
55. All stormwater best management practices shall be maintained as specified in the
Long Term Pollution Prevention Plan and Long Term Maintenance Plan(O&M)
submitted with the Notice of Intent and incorporated in the Order of Conditions.
Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer during
construction. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line and annual reports shall be submitted to the NACC
in perpetuity (by December of each year). Maintenance bills submitted by cleaning
contractors (catch basins, stormceptor, etc.) shall be included with annual reports,
56. 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.
57. Water quality in down gradient BVWs 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.
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DEP FILE#242 - 1735
58. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures,in accordance with the approved
O&M Maintenance Schedule &Checklist attached herein and the associated
stormwater management conditions mandated herein.
59. Prior to the issuance of a Certificate of Compliance,the applicant shall provide an
illicit discharge statement based on a thorough investigation of the building by a
plumbing engineer or other qualified professional.
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60. The applicants, owners, and their successors and assignees,shall maintain all culverts, 1
collections basins, traps, outlet structures,subsurface storage areas, and other
elements of the drainage system in order to avoid blockages and siltation which might
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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.
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DURING CONSTRUCTION
61. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and should be included with reports issued per Condition #50.
62. All new 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 in perpetuity in accordance with
the herein referenced O&M. All catch basins shall be free of all accumulated silt and
debris before a Compliance is issued and the owner or his/her agent shall so specify in
the request for Compliance.
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63. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. if material is tracked
beyond the construction entrance onto the adjacent roadway,it will be swept up daily.
64. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. De-watering activities shall be conducted as shown on the 9
approved plans and shall be monitored daily by the erosion control monitor to ensure
that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act, Dewatering shall provide for the
pumped water to be contained in a settling basin(hay bale ring lined with filter fabric
and crushed stone), to reduce turbidity prior to discharge into a resource area.
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DEP TILE it 242 - 1735
65. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
lath, paper, cardboard,pipe, tires, ashes,refrigerators,motor vehicles or parts of any
3
of the foregoing.
66. 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.
67. 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. 3
68.The construction access areas shall incorporate a stabilized construction entrance (as
shown on the herein referenced plans) to avoid sediment tracking onto adjacent paved 3
areas.Paved areas affected by the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site.
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69. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area.
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70. 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(except where proposed to be blocked or removed). Silt sacks shall be j
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.
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71.Wasl-ings from concrete trucks, or surplus concrete, shall not be directed to any
drainage system or wetland resource area. If truck washing is to occur onsite an area
for this activity must be designated and approved by the Conservation Department at
the preconstruction meeting.
72. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
242-1735,Osgood St 1429 OOC Spec Conditions 1Q NACC 8/23/2018
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73. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project,
74. 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 or
cleaned within 100 feet of wetland resource areas, and no vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of a resource area.
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AFTER CONSTRUCTION
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75. 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 j
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
phosphorous free types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection Bylaw and shall remain in perpetuity.
77. Only the minimum required amount of road salt,sodium chloride, or other de-icing
chemicals shall be used on paved surfaces within 100' of resource areas, and any
arrangement for snow removal shall so stipulate due to the importance of the site and
wetlands. Snow shall only be stockpiled in locations designated on the herein
referenced plans.
78. No-Snow Storage Signs shall be placed at all of the bioretention areas and along the
pavement edge adjacent to the A-series wetland.
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79. No material storage shall occur within the 50-No-Build Zone. All storage bays have
been removed from this area.
80. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
81, Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved. Stabilized slopes shall be
242-1735,Osgood St 1429 OOC Spec Conditions 11 NACC 8/2 3120 1 8
DEP TILE#242- 1735
maintained as designed and constructed whether bioengineered or mechanically
stabilized.
82. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of off-site and all exposed unvegetated areas shall be
seeded.
83. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance: ?
a. WPA Form 8A-"Request for a Certificate of Compliance."
b, A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. A statement from a Registered Professional Civil Engineer of the Commonwealth
certifying that are no illicit stormwater connections.
j. An"As-Built" plan- at the same size and scale as the proposed plan-prepared
and signed and stamped by a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth,for the public
record. This plan will include:
3
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 1.00 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
F
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences,sheds, stone walls,
pools,retaining walls,subsurface utilities and decks.
242-1735,Osgood St 1429 OOC Spec Conditions 12 NACC 8/23/2018
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➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes an,disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
84. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project: j
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➢ 25' No-Disturbance Zone and a 50' No-Build Zone shall be established from
the edge of adjacent wetland resource as approved under DEP#242-1735,
Future work within 100' of existing wetland resource areas will require a
separate filing with the NACC of the Regulations for performance standards
within these zones)The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#51);
➢ Maintenance of catch basins (Condition#62);
➢ Discharge or spillage of pollutants (Condition#74);
➢ Prohibition of underground fuels (Condition#75);
➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, de-
icing compounds and snow storage (Conditions #76, #77&78);
➢ No Material Storage within 50 feet(79);
➢ No dumping of leaves, grass clippings,brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#79);
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➢ The herein referenced and attached"Long Term Pollution Prevention Plan",
including Best Management Practices (Condition#55). No additional filings
will be required to conduct maintenance of the above referenced system and
plan,
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DEP FILE#242 - 1735
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC num ber9
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions-
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 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 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 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 19
(Signature-authorized agent of applicant or owner)
242-1735,Osgood St 1429 OOC Spec Conditions 14 NACC 8/2312018
DRAINAGE REPORT
Site Redevelopinent—1919 Osgood Sheet,North Andover,MA
LONG TERM POLLUTION PIiCVENTION PLAN
Standard 44 of the MA DEP Stormwater Management Handbook requires that a Long-Term.Pollution
Prevention Plan (LTPPP) be prepared and incorporated as part of the Operation and Maintenance of
the Stormwater Management System. The purpose of the LTPPP is to identify potential sources of
pollution that may affect the quality of stormwater discharges, and to describe the implementation of
practices to reduce the pollutants in stormwater discharges. The following items describe the source
control and proper procedures for the LTPPP.
o HOUSEKEEPING
The proposed site development has been designed to maintain a high level of water quality
treatment for all stormwater discharge generated on the Site. An Operation & Maintenance
(O&M) plan has been prepared and is included in this section of the report. The Owner (or its
designee)is responsible for adherence to the O&M plan is a strict and complete manner.
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o STORING OF MATERIALS AND WASTE PRODUCTS
There are no proposed exterior(un-covered) storage areas. The trash and waste program for the
site includes interior trash rooms and exterior dumpsters. There will be a trash contractor used to
pick up the waste material in the compactors and dumpsters.
o VEHICLE WASHING
Outdoor vehicle washing has the potential to result in high loads of nutrients, metals, and
hydrocarbons during dry weather conditions, as the detergent-rich water used to wash the grime
off the vehicle enters the stormwater drainage system. The proposed Project does not include any
designated vehicle washing areas,nor is it expected that any vehicle washing will take place on-
site.
a SPILL PREVENTION AND RESPONSE
Sources of potential spill hazards include vehicle fluids, liquid fuels, pesticides,paints, solvents,
and liquid cleaning products. The majority of the spill hazards would likely occur within the
building and would not enter the stormwater drainage system. However, there are spill hazards
from vehicle fluids or liquid fuels located outside of the buildings. These exterior spill hazards
have the potential to enter the stormwater drainage system and are to be addressed as follows:
1. Spill Hazards of pesticides,paints,and solvents shall be Iemediated using the Manufacturers'
recorniuended spill cleanup protocol.
2. Vehicle fluids and liquid fuel spill shall be remediated according to the local and state
regulations governing fuel spills.
3. The owner shall have the following equipment and materials on hand to address a spill clean-
up: brooms,dust pans,mops,rags,gloves,absorptive material,sand,sawdust,plastic and
metal trash containers.
4. The owner shall have trained personnel on site to identify the spill,utilize the onsite spill
cleanup materials to immediately contain the spill,and contact the appropriate authorities for
Ruther cleanup if necessary. See Item 96.
5. All spills shall be cleaned up immediately after discovery.
6. Spills of toxic or hazardous material shall be reported, regardless of size, to the
Massachusetts Department of Environmental Protection at 888-304-1133 and the local
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Fire Department. Additional resources for spill cleanup include Clean Harbors at
Phone(800)645-8265 �
Should a spill occur, the pollution prevention plan will be adjusted by the owner to include
measures to prevent another spill of a similar nature. A description of the spill, along with the
causes and cleanup measures will be included in the updated pollution prevention plan.
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Site Redevelopnient—1429 Osgood Street,Not Ih Andover,MA
MAINTENANCE or LAWNS,GARDENS AND oTHER LANDSCAPE,D AREAS
It should be recognized that this is a general guideline towards achieving high quality and
well groomed landscaped areas. The grounds staff/landscape contractor must recognize
the shortcomings of a general maintenance plan such as this, and modify and/or augment
it based on weekly, monthly, and yearly observations. In order to assure the highest
quality conditions, the staff must also recognize and appreciate the need to be aware of
the constantly changing conditions of the landscaping and be able to respond to them on a
proactive basis.
■ Fertilizer
Maintenance practices should be aimed at reducing environmental, mechanical and pest I
stresses to promote healthy and vigorous growth. When necessary,pest outbreaks should j
be treated with the most sensitive control measure available. Synthetic chemical controls
should be used only as a last resort to organic and biological control methods. Fertilizer,
synthetic chemical controls and pest management applications (when necessary) shall be
performed only by licensed applicators in accordance with the manufacturer's label
instructions when environmental conditions are conducive to controlled product
application. e
Only slow-release organic fertilizers should be used in the planting and mulch areas to
limit the amount of nutrients that could enter downstream resource areas. Fertilization of
the planting and mulch areas will be performed within manufacturers labeling
instructions and shall not exceed an NPK ration of 1:1:1 (i.e. Triple I0 fertilizer mix),
considered a low nitrogen mixture. Fertilizers approved for the use under this O&M Plan
are as follows:
Type: LESC01 28-0-12(Lawn Fertilizer)
MERIT'0.2 Plus Turf Fertilizer
MOMENTUMrm Force Weed&Feed
Suggested Aeration Program
In-season aeration of lawn areas is good cultural practice, and is reconvnended whenever
feasible. It should be accomplished with a solid thin tine aeration method to reduce
disruption to the use of the area. The depth of solid tine aeration is similar to core type,
but should be performed when the soil is somewhat drier for a greater overall effect.
Depending on the intensity of use, it can be expected that all landscaped lawn areas will
need aeration to reduce compaction at least once per year. The first operation should
occur in late May following the spring season. Methods of reducing compaction will vary f
based on the nature of the compaction. Compaction on newly established landscaped
areas is generally limited to the top 2-3" and can be alleviated using hollow core or thin
tine aeration methods.
The spring aeration should consist of two passes at opposite directions with 1/4" hollow
core tines penetrating 3-5" into the soil profile. Aeration should occur when the soil is I
moist but not saturated,The soil cores should be shattered in place and dragged or swept
back into the turf to control thatch.If desired the cores may also be removed and the area
top-dressed with sand or sandy loam. If the area drains on average too slowly, the
topdressing should contain a higher percentage of sand. If it is draining on average too
quickly,the top dressing should contain a higher percentage of soil and organic matter.
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Site Redevelgpmenl---1429 Osgood Street,Nrnrlh Anelover,MA
■ Landscape Maintenance Program Practices:
♦ Lawn
1. Mow a minimum of once a week in spring, to a height of 2" to 2 1/2" high.
Mowing should be frequent enough so that no more than 1/3 of grass blade is
removed at each mowing. The top growth supports the roots; the shorter the
grass is cut,the less the roots will grow. Short cutting also dries out the soil
and encourages weeds to germinate.
2. Mow approximately once every two weeks from July 1st to August 15"'
depending on lawn growth.
3. Mow on a ten-day cycle in fall,when growth is stimulated by cooler nights
and increased moisture.
4. Do not remove grass clippings after mowing.
S. Keep mower blades sharp to prevent ragged cuts on grass leaves, which fi
cause a brownish appearance and increase the chance for disease to enter a l
leaf.
♦ Shrubs
1. Mulch not more than 3"depth with shredded pine or fir bark.
2. Hand prune annually, immediately after blooming, to remove 1/3 of the
above-ground biomass (older stems). Stem removals to occur within 6" of
the ground to open up shrub and maintain two-year wood (the blooming
wood).
3. Hand prune evergreen shrubs only as needed to remove dead and damaged
wood and to maintain the naturalistic form of the shrub. Never mechanically
shear evergreen shrubs.
♦ Trees
1. Provide aftercare for new tree plantings for the first three years.
2. Do not fertilize trees, it artificially stimulates them (unless tree health
warrants).
3. Water once a week for the first year; twice a month the second,once a month
the third year.
4. Prune trees oil a four-year cycle. s
♦ Invasive Species
1. inform the Conservation Commission Agent prior to the removal of invasive
species proposed either through hand work or through chemical removal. {�
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o STORAGE AND USE or HuRmaDES AND PESTICIDES
Integrated Pest Management is the combination of all methods (of pest control) which
may prevent, reduce, suppress, eliminate, or repel an insect population. The main
requirements necessary to support any pest population are food, shelter and water, and
any upset of the balance of these will assist in controlling a pest population. Scientific
pest management is the knowledgeable use of all pest control methods (sanitation,
mechanical, chemical) to benefit mankind's health, welfare, comfort, property and food.
A Pest Management Professional (PMP) will be retained who is licensed with the
Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs,
Department of Agricultural Resources.
The site manager will be provided with approved bulletin before entering into or
renewing an agreement to apply pesticides for the control of indoor or structural pests.
333 CMR 13.08.
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Sile Redemlopmerrl--1429 Osgood Sit-eel,Norllr Andover MCI
Before beginning each application, the applicator must inform the conservation
commission and post a state and local approved notice on all of the entrances to the
treated room or area. The applicator must leave such notices posted after the application.
The notice will be posted at conspicuous point(s) of access to the area treated. The
location and number of signs will be determined by the configuration of the area to be
treated based on the applicator's best judgment. It is intended to give sufficient notice
that no one comes into an area being treated unaware that the applicator is working and
pesticides are being applied. However, if the contracting entity does not want the signs
posted,he/she may sign a Department approved waiver indicating this.
The applicator or employer will provide to any person upon their request the following
information on previously conducted applications;
1,Name and phone number of pest control company
2.Date and time of the application,
3.Name and license number of the applicator
4. Target pests
5.Name and EPA Registration Number of pesticide products applied
The notification must be made in writing. The intent is so that individuals, who wish to
avoid exposure or want to avoid encountering the applicator, can make necessary
arrangements. Applicators are required by law to follow all directions on the pesticide
label and must take all steps necessary to avoid applications with people present in a
roorn or area to be treated. Individuals occupying a room or area to be treated at the time
of application shall be informed of the procedure. Whenever possible, the applicator
should not apply pesticides with anyone present. That may mean treating other areas and
returning when occupants have left, asking people to leave the area while the work is
being done,or treating before or after people occupy the room. If people do not leave,the
applicator must make it clear that he is there to apply pesticides. The applicator will be
prepared to provide whatever information possible about the pesticides and techniques
used.
O PET WASTE MANAGEMENT
The Town of North Andover has regulations regarding the care of pets within public
areas. The Town has a leash law and a pet waste law that requires pet owners to remove
pet waste from public areas. The owner's landscape crew(or designee) shall remove any
obvious pet waste that has been left behind by pet owners within the project area. The
pet waste shall be disposed of in accordance with local and state regulations.
o MANAGEMENT OT DEICING CHEMICALS AND SNOW
Snow will be stockpiled on site until the space is exceeded. Once the designated areas
are full, the accumulated snow will be removed and disposed of off-site. In the case of
storm events in which snowfall is at least 12 inches,stockpiled snow will be removed and
disposed off-site as soon as is practicable. In the case of smaller storm events, snow will
remain in the designated snow storage areas until the storage is exceeded at which time
the accumulated snow will be removed and disposed of off-site. It will be the
responsibility of the snow removal contractor to properly dispose of transported snow
according to Massachusetts DEP, Bureau of Resource Protection — Snow Disposal
Guideline #BWR G2015-01, governing the proper disposal of snow. It will be the
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Site Redevelopruent---1429 Osgood Street,North Andover•,MA
responsibility of the snow removal contractor to follow these guidelines and all
applicable laws and regulations.
The owner's maintenance staff(or its designee), or an outside snow removal contractor
will be responsible for the clearing of the sidewalk and building entrances. The owner
may be required to use a de-icing agent such as potassium chloride to maintain a safe
walking surface. The de-icing agent for the walkways and building entrances will be
kept within the storage rooms located within the building. De-icing agents will not be
stored outside. The use of de-icing chemicals (such as sodium chloride, potassium
chloride, calcium chloride or any other chemicals) are to be limited to the amount
necessary to maintain public safety. The owner, owners designee, or contractor shall be
responsible to follow this requirement.
• LONG TERM MAINTENANCE PLAN—FACILITIES DESCRIPTION
The following is a description of the stormwater management system for the project site.
o STORMWATGR SYSTEM--ON SITE
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The stormwater on site is directed to areas of bio-retention, grassed swales, or to an
existing catch basin located just to the south of the site entrance. The catch basin
incorporates a hooded outlet and deep sump. The bio-retention areas have been designed
in order to promote groundwater recharge.
INSPECTION AND MAINTENANCE FREQUENCY AND CORRECTIVE MEASURES j
In accordance with MA DEP Stormwater Handbook:Volume 2,Chapter 2; the following
areas,facilities,and measures will be inspected and the identified deficiencies will be
corrected. Clean-out must include the removal and legal disposal of any accumulated
sediments,trash,and debris. In any and all cases,operations,inspections,and maintenance
activities shall utilize best practical measures to avoid and minimize impacts to wetland
resource areas outside the foot print of the SMS.
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Structural Pretreatment BMPs: Regular maintenance of these BMPs is especially critical
because they typically receive the highest concentration of suspended solids during the first
flush of a storm event. j
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Deep Sump Catch Basin:
Inspect catch basin 2 times per year(specifically after foliage and snow season)to ensure that
the catch basins are working in their intended fashion and that they are free of debris.
Structures will be skimmed of floatable debris at each inspection and sediment will be
removed when or before sump is determined to be 50%full. if the basin outlet is designed
with a hood to trap floatable materials(i.e. Snout),check to ensure watertight seat is working.
Other BMPs and Accessories:
Bio-retention&Vegetated Areas:
Inspect slopes and embankments early in the growing season to identify active or potential
erosion problems.Replant bare areas or areas with sparse growth.Where rill erosion is
evident,armor the area with an appropriate lining or divert the erosive flows to on-site areas
able to withstand the concentrated flows.
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Site Redevelopinenf—1429 Osgood Sheet,Nor•!h Andover,MA f
Grassed Drainage Swale:
Inspect Swale to make sure vegetation is adequate and for signs of rilling or gullying.Remove [
any sediment and debris manually and snow as needed,
Pea Stone Diaphragm:
Pea stone diaplu-agms should be inspected after large storm events to ensure the diaphragm is
not causing erosion to the topsoil and to ensure that the diaphragm is working in its intended
fashion. Inspect diaphragm for clogging and remove any sediment build up.
Rip-Rap Level Spreaders:
Rip-Rap level spreaders should be inspected after large storm events to ensure the outfalls are
not causing erosion to the existing topsoil.Any trash and debris should be removed from the
level spreaders and disposed of off site in accordance with local and state regulations.
Roadways and Parldng Surfaces:
Clear accumulations of winter sand in parking lots and along roadways at least four times a
year,preferably in the spring.Accumulations on pavement may be removed by pavement
sweeping.Accumulations of sand along road shoulders may be removed by grading excess
sand to the pavement edge and removing it manually or by a front-end loader.
SUPPLEMENTAL INFORMATION(See following pages)
OPERATION&MAINTENANCE SCHEDULE&CHECKLIST
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Party Responsible for 0&M Plan:Oliver Enterprises,Inc Date: 4112/2018
Project:1429 Osgood Street Revised 511412018
Address:1429 Osgood Street Address:5 Hancock Street
North Andover,Massachusetts Woburn,MA 01801
Phone:781-938-9213
Structure or Task Maintenance Activity 5chedulelNotes Annual Maintenance Cost Inspection Performed
(%of construction cost) Date- By:
Sweep paved areas as needed,but not less than four times annually.
Street Sweeping Sweep,power broom or vacuum paved areas. 54,DOD
Submit infort ation that confirms that aft street sweepings have been disposed in
accordance with state and focal requirements
Inspect at least twice annually. Clean when sediment is 6"deep,but never allow
Deep Sump Catch sediment to exceed 60%of sump volume.
Basins Clam shell or vacuum sump 3500
Submit information that confirms that all catch basin sediments have been disposed
in accordance with state and local requirements
Inspect and remove trash Monthly
Hio"retenticn Areas Mow grass 2 to 12 times per year
53,000
Mulch,fertilize,remove dead vegetation and prune Annually
Inspect and remove trash Monthly
Grassed Drainage Remove sediment and debris Inspect at leasttw€ce annually
Swale Inspect Swale to make sure vegetation is adequate and slopes are not eroding. The first few months after construction and twice a year thereafter 51,000
Cheek for rillino and qt&n.
Re-seed As necessary
Pea Stone Diaphragm tnspect and remove sediment build up Inspect at least twice annually S5D0
Inspect for areas of missing or low pea stone and replace as necessary Inspect at leasttwice annually
Mosquito Control Remove sediment and debris Surva€liance is a non chemical inspection method that involves classification of $500
mosquito breeding sites,larval presents,and survey.
Snow will be stockpiled on site In designated areas shown or the Snow Storage
Plan until the space is exceeded. Once the designated areas shown on the Snow
Storage Plan are full,the accumulated snow will be removed and disposed of off-
Snow Storage site, In the case of storm events in which snowfall is at least 12 inches,stockpiled Avoid dumping snow removai over catch basins Varies
snow will be removed and disposed off-site as soon as is practicable.Debris shall
be cleared from the site and properly disposed of at the and of the snow season,
but shall be cleared no later than May 15.