HomeMy WebLinkAbout- Permits #242-1114 - 90 MEETINGHOUSE ROAD 3/27/2002 Massachusetts department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 242-1114
n kn r WPA Form 5 — Order of Conditions Provided by DEP�
Massachusetts Wetlands Protection act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on North Andover
the computer, Conservation Commission _......._._.._
use only the
tab key to This issuance if for(check one):
move your
cursor-do Z Order of Conditions
not use the
return key. E] Amended Order of Conditions
V'RtA To: Applicant: Property Owner(if different from applicant):
Meetinghouse Commons, LLC Martin Smolak Revocable Trust, H. Michael
Name Smolak and Helen R. Smolak.
Name
185 Hickory Hill Road 315 South Bradford Street
Mailing Address Mailing Address
North Andover MA 01845 North Andover MA 01845
City/Town State Zip Code--. City/Town State Zip Code
1. Project Location:
Dale Street/South Bradford Street North Andover
Street Address _..._ City/Town
Map 104C Parcel 28 and 31
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 1467 64
_..._._.._. _._._... _ _._.__.
, County Book Page
Certificate(if registered land)
3. Dates:.
12.28.01 3.2.7.02 _ _ 3.28.02
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Meetinghouse Commons at Smolak Farm, prepared by MHF Design, Inc. REV 2.14.02
Title Date
1
5. Final Plans and Documents Signed and Stamped by:
,I
Name
6. Total Fee:
$9,225
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev.02/00
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Massachusetts Department of Environmental Protection DEP File Number: �
Bureau of Resource Protection - Wetlands 242-1114
Provided b DEP'IJU'P"A Form 5 - Order of Conditions
Massachusetts Wetlands Protection Fact M.G.L. c. 131, §40
B. Findings 4
I,
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply E] Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply 0 Fisheries Protection of Wildlife Habitat
R1 Groundwater Supply Z Storm Damage Prevention Z Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
n the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (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.
WPA Form 5 Page 2 of 7
Rev.02/00
It
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Massachusetts Department of Environmental Protection cEP File Number:
Bureau of Resource Protection -Wetlands 242-1114
WRA For 5 -- Order of Conditions Provided by DEP
Flo 6 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cant.)
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.
6. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish or debris including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior,to the commencement of work.
0. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number ///
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and 'inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Rev.02100 Page 3 of 7
I
Y
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands 242-111'4
r WPA Form 5 — order of Conditions Provided by ci=P�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
i
B. Findings (cont.)
15, This order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this order and to any contractor or other person performing work conditioned by
this order.
15. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed, The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this order.
Special Conditions (use additional paper, if necessary):
Please refer to the attached special conditions.
Findings as to municipal bylaw or ordinance
Furthermore, the _ hereby finds (check one that applies):
Conservation Commission
El that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final order of
Conditions is issued.
I
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically;
Name __. Municipal ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
' 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„
wPA Form 5 the conditions shall control.
Rev.02100 Page 4 of 7
`DEP FILE #242 - 1114
The Applicant (Meetinghouse Commons, LLQ filed a Notice of Intent (NOI) in
accordance with the provisions of the MA Wetlands Protection Act (MG L c.131
s.40) (the "Act") and its associated regulations (310 CMR 10.00). The Applicant has
also filed for a Comprehensive Permit under G.L. c.40B and, pursuant to the
procedures prescribed by 760 CMR 30.00 and 31.00, has requested waivers of
several local laws from the Zoning Board of Appeals, including a waiver of the
provisions of the North Andover Wetland Protection ByLaw (the "ByLaw").
As described in the project narrative provided with the NOI application, the project
has nonetheless been designed to meet the performance standards under the Act
and the ByLaw. Direct alterations to wetland resources are limited to the impacts
necessary to construct access roadways and a small footbridge designed to allow
passage between the proposed affordable housing units and the common area, or
"meetinghouse" as it is referred to on the site plans referenced herein. Each of these
wetland crossings have been proposed as 'limited projects" under the Act (see 310
CMR 1:0.53(3)(e)) and, as such, are allowable provided: 1) there are no practicable
alternatives to accessing available upland; 2) impacts to wetlands are minimized to
the extent feasible; and, 3) impacts are mitigated to the best extent practicable. It is
the opinion of the NACC, that the applicant has met these requisites, given that the
majority of developable upland area cannot be accessed without crossing wetlands;
the proposed design utilizes existing woods roads and crossings; and total bordering
vegetated wetland impacts are limited to 4'564 s.f., which is below the threshold of
discretionary impacts. Replication has been provided at a 2:1 ratio, which exceeds
the requirements under the state regulations (1:1 ratio). In addition, the project
meets standards for erosion and sedimentation control and has been designed in
accordance with the DEP Stormwater Management Policy.
Finally, while the NOI was filed solely under the Act, proposed work nevertheless
adheres to a 25-foot No-Disturbance Zone and 50-foot No-Construction Zone from
the edge of jurisdictional wetland resource areas and a 50-foot NO-Disturbance
Zone and 75-foot No-Construction Zone from the edge of two non-certified vernal
pools, as defined by the policies of the North Andover Conservation Commission
through their ByLaw and: regulations.
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the Act 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.
NACC 3/27/02
IDEP' FILE #242 - 1114
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related statutes
and other regulatory measures, shall be deemed cause to revoke or modify this
Order.
19.This Order does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Order of Conditions and the Act and may require any
information, measurements, photographs, observations, and/or materials, or may
require the submittal of any data or information deemed necessary by the NACC
for that evaluation. Further, work shall be halted on the site if the NACC, agent
or DEP determines that any of the work is not in compliance with this Order of
Conditions. Work shall not resume until the NACC is satisfied that the work will
comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes.
21.The work authorized hereunder shall be completed within three years from the
date of this order.
22.This Order may be extended by the issuing authority for one or more periods of
up to three (3) years each upon application (Form 7) to the issuing authority at
least thirty days (30) prior to the expiration date of the Order (see 310 CMR
10.05(8)).
23.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new
conditions or information so warrant.
24.Where the Department of Environmental Protection (DEP) is requested to make
a determination and to issue a Superseding Order of Conditions, the
Conservation Commission shall be a party to all agency proceedings and
hearings before the Department.
25.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.
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'DEP FILE #242 - 1114
26.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.
27.The proposed work includes: construction of an affordable housing development
incorporating approximately 46 single family dwellings (of which 23 dwellings
are in the 1 00-foot Buffer Zone), 2 townhouse style condominiums, associated
parking areas, stormwater management system, footbridge, utilities (sewer w/a
single pump station, water, electric and gas) and access roadways within the
I 00-foot Buffer Zone of delineated Bordering Vegetated Wetlands (BVWs).
Approximately 4,564 square feet of wetland fill associated with the construction
of two limited project access roadways (see 310 CMR 10.53(3)(e)) is proposed
within BVWs situated along the western portion of the site. Wetland
replication at a 2:1 ratio is provided for (approximately 10,521 s.Q.
28.The work shall conform, to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Epsilon Associates, Inc.
Dated 12-28-01
Site Plans prepared by: MHF Design Consultants, Inc.
Entitled "Meetinghouse Commons at Smolak Farm"
Sheets 1 —45
Dated REV 2-14-02
29.The following resource areas are affected by the proposed work: Bordering
Vegetated Wetlands. These resource areas are significant to the interests of the
Actas noted above and therein. The applicant has not attempted to overcomeµ
the presumption of significance of these resource areas to the identified interests.
30.The NACC agrees with the applicant's delineation of the wetland resource areas
on the site as shown on the plans dated referenced herein (see Positive
Determination of Applicability dated 3-8-01).
31.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 the Applicant has
agreed to voluntarily maintain a twenty five foot (25 ) No-Disturbance Zone
and a fifty foot (50') No-Construction Zone from the edge of delineated BVWs
(in accordance with the ByLaw) except as follows: construction of access
roadways and infrastructure, wetland replication areas, "auxiliary vernal pool
area" (final location to be determined, as may be necessary), micro-habitat
3 NACC 3/27/02
DEP FILE #242 - 1114
enhancement areas (see Seekamp Environmental letter report dated 1-16-02)
and one (1) boardwalk/footbridge crossing. The Applicant has not proposed
activities within the 50-foot No-Disturbance Zone and/or 75-foot No-
Construction Zone associated with two (2) identified but non-certified vernal
pools.
32.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.
33.The owners of the project and their successors in title, in the event they proceed
to alter areas subject to the Commission's jurisdiction under the order, agree that
the Order does not in itself impose upon the Town any responsibility to
maintain the proposed drainage system and that said Town shall not be liable for
any damage in the event of failure. By acceptance of this Order, the owners
agree to indemnify and hold harmless to the Town and its residents for any
damage attributable to alterations undertaken on this property pursuant to the
Order. 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.
34.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.
Pre-Construction Conditions
35. 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.
36.This Order shal I 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
4 NACC 3/27/02
DEP FILE #242 - 1114
owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the NACC 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.
VIA 'sign shal I be displayed at the site not less than two square feet or more than
three square feet in size bearing the words "Massachusetts Department of
Environmental Protection, File Number 242-1114..'
38.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to
be significant, the NACC will call for another public hearing (at the expense of
the applicant). Within 21 days of the close of said public hearing the NACC will
issue an amended or new Order of Conditions. Any errors found in the plans or
information submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or state boards or
agencies. This may result in changes to the project plans or wetland impacts. If
any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of
construction. No work shall begin on a project until written approval has been
granted by the NACC.
39.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.
4/Prior to any work commencing on-site, the applicant shall submit to the NACC
for approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control
devices and re-vegetation to be completed' before other work begins on-site.
At" " 4j)Wetland n,flagging shall be checked prior to start of construction and shall be re-
ef, Ql�
owl
established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until
3 a Certificate of Compliance is issued so that erosion control measures can be
04�V5 properly placed and wetland impacts can be monitored. The proposed limit of
work shall be shall be clearly marked with stakes or flags and shall be confirmed
by the NACC. Such markers shall be checked and replaced as necessary and
shall be maintained until all construction is complete. Workers should be
informed that no use of machinery, storage of machinery or materials,
stockpiling of soil, or construction activity is to occur beyond this line at any
5 NACC 3/27/02
DEP FILE #242 - 1114
time. All flags used for the above purposes shall be of a color different from
other flagging used on the site.
�ZA/row of double staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control barrier
will be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to the
start of construction and shall' remain intact until all disturbed areas have been
permanently stabilized to prevent erosion (unless otherwise directed, by the
Environmental Monitor during the vernal pool' breeding season per Condition
446 beIbW)."'All' orosion,prevention and sedimentation protection measures
found necessary during construction shall be implemented at the direction of the
NACC. 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.
V.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of thirty (30) extra hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used
for the normal control of erosion.
44.A check payable to the Town of North Andover shall be provided in the amount
of $30,000 (in conjunction with a surety bond also in the amount of $30,000)
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shal I 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.
��'V'` 4,Ahe applicant shall designate a professional Wetland Scientist as an
'Environmental Monitor" to oversee any emergency placement of controls and
4 . regular inspection or replacement of sedimentation control devices. The name
and phone number of the erosion control monitor must be provided to the
NACC in the event that this person has to be contacted, due to an emergency at
the site, during any 24-hour period, including weekends. This person shall be
6 NACC 3/27/02
DEP FILE #242 - 1114
given the authority to stop construction for erosion control purposes. 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. At least once per month in which construction
activities occur on:-site and for as long thereafter as ground remains unstabilized,
the applicant shall submit a written report 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. All wetland resource areas must be visually inspected for
siltation, turbidity, and/or other water quality impacts. In addition,
documented evidence that the 25150' (vernal pool) No-Disturbance Zone and
50'/75' (vernal pool) No-Construction Zone setbacks are being adhered to must
be included in the Environmental Monitor's report with measurements taken
from at least 3 locations on-site (except where otherwise waived). During the
amphibian breeding season (March 15 1h through June 15 1h per 310 CMR 10.00),
the Environmental Monitor shall inspect erosion control devices in the vicinity
of vernal pool #1 and vernal pool #2. The Environmental Monitor shall be
responsible for ensuring that sufficient gaps have been provided in the siltation
fence and/or haybale line, in order to allow passage of breeding amphibians
be the pool and the adjacent upland.
4fPrior to construction, the applicant shall permanently mark the edge of the 25-
foot and 50-foot No-Disturbance Zone with signs or markers spaced evenly
every 50 feet incorporating the following text: "Protected Wetland Resource
Area". This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review
and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant.
he appi icant shall stake out those foundation corners that fall within the 100-
foot Buffer Zone prior to construction so that the Conservation Commission
and/or their designated Agent can field verify that the building setbacks depicted
on the plan of record are being adhered to.
4&)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 "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.
7 NACC 3/27/02
DEP FILE #242 - 1114
*Y/.The Applicant shall submit a revised wetland replication planting plan replacing
sweet pepperbush (Clethra alnifolia) with shadbush (Amalanchier canadensis).
V?'The Applicant has voluntarily agreed to construct an "auxiliary vernal pool" at
an appropriate location elsewhere on the subject parcel in the vicinity of the
Essex County Greenbelt property. The NACC recognizes that the project, as
approved, complies entirely with the vernal pool habitat performance standards
of the Act (and ByLaw) and that the success of this experimental vernal pool
habitat area cannot be guaranteed by the Applicant through this Order of
Conditions. The Applicant shall submit a revised site plan stamped by a
Registered Professional Civil Engineer of the Commonwealth, complete with
cross sections, approximate depths to seasonal high groundwater and other
details specific to the proposed "auxiliary vernal pool". Included with this site
plan, shall be a supporting narrative prepared by a qualified wetland scientist
which identifies a proposed vernal pool habitat enhancement scheme (i.e.,
plantings, egg mass attachment sites, micro-habitat, monitoring/sampling
protocol). The constructed "auxiliary vernal pool" shall be monitored by a
qualified wetland scientist twice per breeding season (March 15 1h to June 15 th)
for a period of two years. These findings shall be forwarded to the Commission
for the record file and for the NACC's use in long term monitoring of the pool.
.The Applicant shall submit revised site plans depicting an over-sized culvert
and/or headwall on Cortland Drive near station 20+00 to accommodate the
passage of reptiles (i.e., turtles) and amphibians (i.e., spotted salamanders, wood
frogs) between vernal pool #2 and wetland series #11.
(5?, The Applicant shall enhance the habitat value of the upland areas within the Sit-
foot No-Disturbance Zone of vernal pool #1 and vernal pool #2 by adding
microtopographic features, including but not limited to: small rock piles, fallen
logs, wood piles and other natural debris that can provide suitable habitat for
amphibians.
U/' aybales and silt fence were inadvertently omitted in select locations from the
final plan set (unlike prior versions) and shall be incorporated along the limit of
work on sheets 8, 9, 17, 18, 26 and 27.
: he Applicant shall submit revised site plans and supporting drainage analysis
as may be necessary) to the NACC for review and approval in response to Coder
and Colantonio's March 251h, 2002 letter report.
5v5//0nce these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor, the engineer, wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
NACC 3/27/02
DPP FILE #242 - 1114
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
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.All stormwater best management practices shall be maintained as specified in
the Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. Written evidence of maintenance of
the stormwater management system shall be provided to the NACC on an
annual basis by a Registered Professional Civil Engineer for a period of two (2)
years from the date said structures go "on-line".
58.Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be
no sedimentation into wetlands or water bodies from discharge pipes or surface
runoff leaving the site.
59.The applicants, owners, and their successors and assignees, shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas, and
other elements of the drainage system, unless put into an easement to the Town
of North Andover, in order to avoid blockages and siltation which might cause
failure of the system and/or detrimental impacts to on-site or off-site resource
areas, and shall maintain the integrity of vegetative cover on the site.
During Construction
60. Upon beginning work, the applicant shall submit quarterly written progress
reports detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next period. This will update the
construction sequence.
9 NACC 3/27/02
DEP FILE #242 - 1114
61.At the beginning (approximately April 15") and end of each growing season
(approximately October 15th), a progress report of the relative success or
failure of the wetland replication area shall be prepared by a biologist,
botanist, or wetlands specialist and submitted to the Department of
Environmental Protection (DEP) and the North Andover Conservation
Commission. If at the end of the second growing season, compliance with 310
CMR 10.55 (4)(b)(6) is not achieved, the NACC maintains the right to require
additional mitigative measures.
62.All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins be maintained. All catch basins shall be
free of all accumulated silt and debris before a Compliance is issued and the
owner or his/her agent shall so specify in the request for Compliance.
63.The sewer lines shall be tested for water tightness in accordance with North
Andover DPW standards.
64.De-watering activities shall be conducted as described in the Notice of
Intentand shall be monitored daily by the applicant 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. 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.
65.Any fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
66.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area unless otherwise approved by this Order of Conditions
and the record drawings referenced herein.
67.Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
68.Al I waste generated by, or associated with, the construction activity steal I be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain dumpsters
(or other suitable means) at the site for the storage and removal of such spent
10 NACC 3/27/02
DEP FILE #242 - 1114
construction materials off-site. However, no trash dumpsters will be allowed
within 25' of areas subject to protection under the Act or local ByLaw.
69.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
70. 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 25-feet of wetland resource areas, and no vehicle
refueling, equipment lubrication, or maintenance is to be done within 100 feet
of a resource area.
After Construction
71.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.
72.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource
area. This condition shall survive this Order of Conditions and shall run with the
title of the property.
73. No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate due to
the importance of the site and wetlands. Permanent signs designating 'No-Snow
Stockpiling Zones" shall be displayed in prominent locations and are subject to
review and approval by the Conservation Commission and/or their designated
Agent.
74. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If the
latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
75. 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:
• WPA Form 8A — "Request for a Certificate of Compliance."
A letter from the applicant requesting a Certificate of Compliance.
The name and address of the current landowners (within the 100-foot
Buffer Zone).
NACC 3/27/02
DEP FILE #242 - 1114
• Signed statements from the property owners (within the 100-foot buffer
zone) shall be submitted with the request for a Certificate of Compliance
indicating that they read and understood the recorded Order of
Conditions prior to acquiring the subject property.
• The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
• The street address and assessor's map/parcel number for the project.
• The DEP file number (#242-1114).
• A written statement from a Registered Professional Civil Engineer and
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.
• A written statement from a qualified wetland biologist indicating that the
wetland replication area is functioning as intended by this Order of
Conditions for at least two full growing seasons.
• An 'As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of
the Commonwealth, for the public record. This plan will include:
♦ "As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet of
any wetland resource area. 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.
+ Distances from structures to wetland resource areas. Structures
include (but are not limited to) buildings, additions, boardwalks,
fences, sheds, stone walls, pools, retaining walls, subsurface
utilities and decks.
+ A line showing the limit of work and the extent of existing erosion,
control devices. "Work"' includes j�ny disturbance of soils or
vegetation.
♦ Location of all subsurface utilities entering the property.
76.The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
• 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
12 NACC 3/27/02
DEP FILE #242 - 1114
and a 50-foot No-Disturbance Zone and 75-foot No-Construction
Zone from the edge of two vernal pools except in those locations
approved under DEP # 242-1114. Future work within 100' of
existing wetland resource areas may require a separate filing with
the NACC.;
• Maintenance of the stormwater management system;
• Discharge or spillage of pollutants;
• Prohibition of underground fuels;
• Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides.
• The Conservation Commission and/or their designated agent shal I
have access to each of the identified vernal pools throughout the
year for long term study, observation and monitoring of amphibian
use.
• The attached "'Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
13 NACC 3/27/02
' a
Massachusetts department of Environmental Protection
DN P File Number:
Y Bureau of Resource Protection - Wetlands 242-1114
�F° y WPA Form 5 — Order of Conditions Provided by DEP
� � a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
U,
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
Not applicable per M.G.L. c.4013 ("Comprehensive Permit")
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
3.28.02 (date of issuance; expiration date = 3.28.05)
Date __._
This Order must b signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail ret receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand deliv ed 1'he s time to the appropriate Department of Environmental Protection Regional
Office (se Ap ndix a d t property owner(if different from applicant).
5ignatu s.
G
On Wednesday the 27th Of March 2002
Day Month and Year
before me personally appeared
Mr. Scott Masse, NACC Chairman
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act a 4ary-Nppolito
Notary Public
._...... ISsion r
Notary Public My Commission ExpiCpp,2X7
This Order is issued to the applicant as follows:
❑ by hand delivery on Z by certified mail, return receipt requested, on
Date Date
WPA Form 5 Pape 5 of 7
Rev.,02I00
Massachusetts Department of Environmental Protection
DEP He Number:
Bureau of Resource Protection - Wetlands 242-1114
°� sr WPA Form 5 — Order of Conditions Provided by DEP
o' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover_
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee 'transmittal Form j
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request information
Important:
When filling 1. Person or party making request (if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the _
tab key to Mailing Address
move your
cursor- do city/Town State zip Code
not use the
return key. Phone Number_ Fax Number(if applicable)
Project Location
Mailing Address
Cityl own State zip Cade
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address —
City/Town State Zip Code
Phone Number __ .. Fax Number(inapplicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
El Superseding Order of Conditions
❑ Superseding Determination of Applicability
Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendk E•rev,3127102 Page b of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c, 131, §40
L,
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction,
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
w9aform5.doc•Appendix E•rev.3127102 Page 2.of 2
DEP FILE #242 - 1114
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state,
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DFP 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
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 19
(Signature-authorized agent of applicant or owner)
14 NACC 3/27/02
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 242-1114
p WPA Form 5 Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information coat.
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:
Dale Street/South. Bradford Street DEP#242-1114
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
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:
3.28.Q2
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number -_. ___.__.
If registered land, the document number identifying this transaction is:
Document Number
Signature of applicant
wPA Form 5 Page 7 of 7
Rev.02100 7