HomeMy WebLinkAbout- Permits #242-1752 - 1270 TURNPIKE STREET 4/16/2019 Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1752
Bureau of Resource Protection-Wetlands eDEP Transaction it:1,098159
WPA Form 5-Order of Conditions City/Town:NOR.TH ANDOVER
Massachusetts Wetlands Protection Act M,G.L.c. 131, §40
A. General Information
1. Conservation Commission NORTHANDOVER
2.Issuance a. IV 00C b.r' Amended OOC
3.Applicant Details
a.First Name DAVID It.Last Name SAMPSON
c.Organization 1270 TURNPIKE LLC
d.Mailing Address 51 ELLIOT STREET
e.City/Town DANVERS f. State MA g.Zip Code 01923
4.Property Owner
a.First Name DAVID b.Last Name SAMPSON
c.Organization 1270 TURNPIKE LLC
d.Mailing Address 51 ELLIOT STREET
e,City/Town DANVERS f. State MA g.Zip Code 01923
5. Project Location
a.Street Address 1270 SALEM TURNPIKE
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors 107A e. Parcel[LoO 148
Map/Plat#
f Latitude 42,64873N g.Longitude 71.09141 W
6.Property recorded at the Registry of Deed for:
a.County 1).Certificate c.Book d.Page
NOXITIERN ESSEX 14689 155
7.Dates
a.Date NOI Filed: 3/5/2019 b.Date Public Hearing Closed: 3/27/2019 c,Date Of Issuance: 4/16/2019
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plait Signed/Stamped by: d.Revised Final Date: e.Scale.
SITE PLAN-#1270 HANCOCK, DEBORAH L.COLBERT, 3/18/19 1 1'=201
SALEM TURNPIKE ASSOCIATES P.E.
13. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this
application and presented at the public hearing,this Commission finds that the areas in which work is proposed is
significant to the following interests of the Wetlands Protection Act.
Check all that apply:
a. P1 Public Water Supply b. I- Land Containing Shellfish c.rv; Prevention of Pollution
d. ry Private Water Supply e, ry Fisheries f rv- Protection of Wildlife Habitat
g. P Ground Water Supply It, 67 Storm Damage Prevention i. P Flood Control
2.Commission hereby finds the project,as proposed,is:
Page I of I 1 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassD1 P File 4:242-1752
Bureau of Resource Protection-Wetlands
eDEP Transaction#:'1098159
WPA Form 5-Order of Conditions City/rown.N01UH ANDOVER
I
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 i
i
Approved subject to:
a,P'I`he 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.f 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.
e.l—The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A description of the specific information which is lacking and why it is necessary is attached to
this Order as per 310 CMR 10.05(6)(c),
3F Buffer Zone Impacts:Shortest distance'between limit of project disturbance and the wetland
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. 1.-Bank
a.linear feet la. linear feet c. Linear i'eet d.linear feet
5.1— 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
I
e.c/y dredged f,c/y dredged
Tr Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage _
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
j c. cubic feet d.cubic feet e. cubic feet f.cubic feet
9.P Riverfront Area 3620 3620
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP Nile 4:242-1752
Bureau of Resource Protection-Wetlands eDEP Transaction 4:1098159
WPA Forth 5 -Order of Conditions City[fown:r OIU-1 ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 1
a.total sq.feet b.total sq,feet
Sq ft within 100 ft 0 0 0 _ 0 _
c. square feet d.square feet e.square feet f. square feet
Sq ft between 100-200 ft 3620 3620 0 0
g. square feet h.square feet i.square feet j. square feet
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted.
Resource Area Alteration Alteration Replacement Replacement
10.1"'Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a. square feet b,square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches _
a. square feet b.square feet c. c/y nourishment d.c/y nourishment
14.r-'Coastal Dunes
a.square feet b.square feet c.c/y nourishment d,c/y nourishment
15.r Coastal Banks
a. linear feet b,linear feet
16.1-'Rocky Intertidal Sbores
a, square feet b.square feet
17.r Salt Marshes _
a.square feet b. square feet c, square feet d. square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.F Land Containing Shellfish _
a.square feet b. square feet c. square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.1—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.1`"Land Subject to Coastal Storm Flowage
a. square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
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Massachusetts Department of Environmental Provided by MassDEP:
ProtectionMassDEP File#:242-1752
eDEP"Transaction#:1098159
Bureau of Resource Protection-Wetlands 1
WPA Form 5-Order of Conditions City/Towtr:NOR'I'F1 ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section B.5.c&d or B.I Tc&d above,please entered the additional amount here.
a.square feet ofBVW b.square feet of Salt Marsh.
23.
r Streams Crossing(s)
If the project involves Strewn 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
I. 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 perrrrittee or any other person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to the expiration date of the Order,
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,
or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles,or parts of any of the foregoing, j
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal J
has been taken,until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected
property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under
the name of the owner of the land upon which the proposed work is to be done.In the case of the registered
land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done.The recording information shall be submitted to the Conservation.
Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior
to the commencement of work...
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing
the words,
Massachusetts Department of Environmental.Protection"
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1752
Bureau of'Resource Protection-Wetlands eDEP Transaction#:1098159
WPA Form 5-Order of Conditions City/Town,NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 1
[or'MassDEP"]
File plumber:"242-1752"
1.1. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before Mass 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 Conunission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition 413 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 Corurnission and the Department of Environmental Protection shall
have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with.
the conditions stated in this Order,and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject
to this Order and to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the
boundary of tile 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 Corruuission.
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 1'vTAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is (1) W is not(2)r subject to the Massachusetts
Stormwater Standards.If the work is subject to Stormwater Standards„then the project is subject to the
following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment„shall be implemented
in accordance with the construction period pollution prevention and erosion and sedimentation control plan
and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8.COrrstrnetiorl period
erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain
in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been
removed or will be removed by a(late certain specified in the Certification.For any construction period
BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;it, as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is
fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per
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Massachusetts Department of Environmental. Provided by MassDEP:
Protection MassDEP File 4:242-1752
Bureau of Resource Protection-Wetlands eDE1'Transaction ft:1098f59
WPA Form 5-Order of Conditions Gyty/I'own:1*IORTII AND(JVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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 past-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(c))shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")
for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation
and Maintenance Plan("O&M Plan.")and certifying the following:i.)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be
notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management
BMPs and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-
term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater
Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector
General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation
of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving
more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required
operation and maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,
the O&M Plan,and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of
inspections,repairs,maintenance and/or replacement of the stormwater management system or any part
thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Conunission("Commission")
upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with the requirements for each BMP established in
the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with
all applicable federal,state,and local laws and regulations.
i) Illicit discharges to tlue stormwater management system as defined in 31.0 CMI2 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1752
Bureau of Resource Protection-Wetlands eDEP Transaction#:1098159
WPA Form 5-Order of Conditions City/I'awn:NORTtI ANDC)VER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
defined in the MassDEP Stormwatcr.Handbook,Volume 3,Chapter 1,Low Impact Development Site Design
Credits)shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed
around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special.Conditions:
SE F ATTACHED
i
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Massachusetts Department of Environmental provided by MassDEP:
Protection MassDEP File##:242-1752
Bureau of Resource Protection-Wetlands eDEiP T"ransaction##:1098159
City/Town.NORTI I ANDOVER
WPA Form 5-Order of Conditions a
Massachusetts Wetlands Protection Act M.G.L.c. 1.31, §40
D.Findings Under Municipal Wetlands Bylaw or Ordinance
I.Is a municipal wetlands bylaw or ordinance applicable'?Iw Yes r- No
2.The Conservation Commission hereby(check one that applies):
a.I- DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically;
I.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.r4 APPROVES the proposed work,subject to the
following additional conditions.
1.Municipal Ordinance or NORTH ANDOVERWETLANDS 2.Citation. CHAPTER 178
Bylaw WETLANDS
3 The Commission orders that all work shall be performed in accordance with the following conditions and with the
Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,
specifications,or other proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE NITACI-IED
I
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1.752
Bureau of Resource Protection-WetlandseDFI'Transaction#:1098159
(itytFown:NORTH ANDOVER
WPA Farm 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
E.Signatures
This Order is valid for three years fiom die date of issuance,unless otherwise d�/ Aim
specified pursuant to General Condition#4. If this is an Amended Order of 1.Dat of Or
Conditions,the Amended Order expires on the same date as the original Order of
Conditions.
Please indicate the number of members who will sign this form.This Order must 2 Number of Signers
be signed by a majority of the Conservation Corrunission,
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 clectronical ,and the property owner,if different from applicant.
Signatures: n
r by hand delivery on P Kyy certified marl,return receipt requested,oil
Date Date N lei
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 ttre
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 Farm,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.
i
Any appellants seeking to appeal the:Department's Superseding Order associated with this appeal will be required to
demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means
the submission of written information to the Conservation.Commission prior to the close of the public hearing,
requesting a Superseding Order,or providing written information to the Department prior to issuance of a
Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order
does not contribute to tile protection of the interests identified in the Massachusetts'Wetlands Protection Act
(M.G.L,. c. 131, §40),and is inconsistent with the wetlands regulations(31.0 CMR 10.00).To the extent that the
Order is based on a municipal ordinance or bylaw,and not an the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1752
Bureau of Resource Protection-Wetlands
eDEP Transaction It:1098159
WPA Form 5-Order of Conditions C'ity[Fown:NORTI-1 ANDOVER
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. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property.In the case of recorded land,the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case
of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land
subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation
Commission listed below.
NORTH ANDOVF'R
Conservation Commission
Detach on(lotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
------------------------------------11---------------------------I----------------------------------------------1-1--------------------------------------
To:
NOXFH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1270 SALEM TURNPIKE 242-1752
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner DAVID SAMPSON
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
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i
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 11:242-1752
Bureau of Resource Protection-Wetlands eDEP Transaction#:10981 59
WPA Forin 5-Order of Conditions city[ro, n:ra01Ux ANlaOvEli
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 l'
Signature of Applicant Rev.afluzoro
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i
DEP FILE # 242-1752
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall.be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control,
GENERAL CONDITIONS
20. The proposed work includes: construction of a play area for a proposed daycare
center. Site improvements include vegetation removal, filling and grading, fencing
and retaining wall and stair construction. Work is within Riverfront Area and the 1.00-
foot Buffer Zone to Bordering Vegetated Wetland (BVW). Waivers have been granted
for work in the 25-f oot No-Disturbance Zone (all new structures will be outside the 50-
foot No-Build Zone).
21. The work shall conform to the following (except as noted in.the remainder of this
document where revisions may be required):
Property Owner/Applicant: David Sampson
1270 Turnpike LLC
50 Elliot Street
Danvers, MA 01923
Documents: Notice of Intent Application including
WPA Form 3 - Notice of Intent
Received: February 28, 2019
Including Application Checklist, Project Description,
Stormwater Checklist & Report, Waiver Request, Filing
Fee Information, Abutter Information, Locus Map,
FEMA Map, and North Andover Riverfront Area Map.
Stormwater Report
Prepared by: Hancock Associates
185 Centre Street, Danvers, MA 01923
Stoneham, MA 02180
Date: February 2019
Stamped by: Deborah L. Colbert, P.E.
Plan to address proposed slope cutting and filling
Letter from Division of Fisheries &Wildlife
NHESP File No.: 19-28431
Date: March 13, 2019
242-1752,Turnpike Street 1270 special conditions 1 NACC 4/16/2019
DEP FILE #242-1752
I
Representative: Anri McMenemy 1
Hancock Associates
Danvers, MA 01.923
Site Plans prepared by: Hancock Associates
Titled: Site Plan- #1270 Salem Turnpike
Dated: 1/22/19 '
Last revised: 3/18/1.9
Scale 1"=20'
Signed and Stamped by Deborah L. Colbert, P.E.
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a.Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 1.0,00), the North Andover Wetland Bylaw and
and may require an information, measurements, photographs,
Regulations, p g
g y q Y
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, bylaws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
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DEP FILE #242-1752
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30, Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31- This Order of Conditions is issued in addition to those issued under File Nos. 242-960
and 242-1095. A Certificate of Compliance was issued for File No. 242-1095 on March
29, 2007. A Certificate of Compliance was not issued for File No. 242-960 and shall be
obtained prior to the start of work.
32. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 31.0
CMR 10.53(e).
33, The following wetland resource areas are affected by the proposed work: Riverfront
Area and Buffer Zone to Bordering'Vegetated Wetland (BVW). 'I'hese resource areas
are significant to the interests of the Act and Town Bylaw as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of this
resource area to the identified interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas as
shown on the plans dated referenced herein.
35. The NACC finds that the intensive use of the upland areas and buffer zones 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
Disturbance Zone and a fifty-foot (50') No-Build Zone shall be established from the
edge of BVW except as shown on the herein referenced plan (as allowed by DEP File
#242-1095 and the herein referenced waiver). The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
36. Riverfront alteration for this application is calculated as 3,275 s.f. with Riverfront Area
(RA) on the lot documented as 41,077 s.f. Riverfront alteration was not included in any
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DEP FILE # 242-1752
of the previous filings. This is less than the 5,000 s.f. or 1.0% allowed.under 310 CMR
10.58.
37. 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.
38. 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,
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, -until all proceedings before the
Department or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. 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 24.2-1752."
42. Any other changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval. prior to implementation. If the NACC finds said changes to be
242-1752, rurnpike Street 1270 special conditions 4 NACC 4/16/2019
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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.
i
43. 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.
44. Prior to the start of work the owner/applicant shall provide proof of maintenance of
the stormwater management systern. This is required in perpetuity by Conditions #62-
67 of DEP File #242-1095 (see Operation/maintenance plan attached). Proof of
maintenance by a Registered Professional Engineer shall be provided per perpetual
condition #62. No Salt Zone and No-Snow Stockpiling Signs shall be added if missing
per Condition #67.
45. 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, fencing, tree removal,filling and grading, retaining wall and stair
construction, monumentation, and final stabilization. Sequencing shall reflect the
recommendation of the Division of Fish &Wildlife that tree clearing and fence
installation occur between October 15 and March 15 (see herein referenced letter).
46. A play area, including play structure and appropriate surface, were initially proposed
as part of this proposal. This work was not approved and was removed from the plan.
If a play area/ is proposed, a design must be submitted to the NACC for
approval. A modification or amendment may be required.
47. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. `The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
48. A compost or bark mulch filter sock (minimum 12"), backed by trenched and staked
siltation fencing where required, shall be placed between all construction areas and
resource areas as shown on the herein referenced plan. The erosion control barrier
will be properly installed and placed as shown on the plans approved and referenced
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DEP FILE #242-1752
herein (respecting site phasing per the Fish& Wildlife letter) and shall be inspected
and approved by the NACC or its agent prior to the start of construction and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
49. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of an extra thirty (30') feet of approved erosion controls and
additional stakes for staking. Said erosion controls shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
50. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is issued
under the authority of the local ByLaw.
51. The applicant shall designate a Wetland Scientist (or other enviroru-nental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
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52. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "'Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas trust 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.
53. Prior to addition construction, the applicant shall permanently mark the limit of
clearing/25-foot No-Disturbance Zone with signs or markers spaced evenly
approximately every 30 feet incorporating the following text: "Protected Wetland
Resource Area" and the associated rules (1 square for every 3 round markers).
Markers shall also be placed on mature trees at the existing tree line along the
driveway. These markers will designate the sensitivity of the resource area and assure
no further inadvertent encroachment into the wetland. These permanent markers are
subject to review and approval by the NACC. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking over the
property.from the applicant. These markers shall remain posted and be replaced as
necessary in perpetuity. Markers are available from the Conservation Department ($2
round and $3 square).
54. 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.
55. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an.NACC representative, the
contractor, the monitor and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede
any conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of
the permit's terms and conditions. Thereafter, the contractor will be held jointly liable
242-1752,Turnpike Street 1270 special conditions 7 NACC 4/16/2019
PEP FILE, #242-1.752
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. Water quality in down gradient resource areas shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
58. In addition to the Long-Term Maintenance proposed in the herein referenced
Stormwater Management Report (attached), the perpetual conditions for stormwater
maintenance in the Order of Condition issued under DEP File #242-1095 shall
continue (see attached).
59. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, infiltration
structures, and other elements of the drainage system, 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 written progress reports weekly (as
part of the erosion control monitoring report Condition #51 above) detailing what
work has been done in or near resource areas, and what work is anticipated to be done j
over the next period. This will update the construction sequence.
i
61. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
242-1752,Turnpike Street 1270 special conditions 8 NACC 4/16/2019
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DEP FILE #242-1752
62. The existing parking area shall serve as the construction entrance for the project.
Paved areas shall be swept daily to remove sediment deposited by construction
vehicles accessing then site. If necessary, as determined by the environmental monitor
or the Conservation Department, a stone construction entrance shall be installed to
limit sediment tracking onto paved surfaces.
63. Any fill used in connection with this project shall be clean fill/natural materials,
containing no trash, refuse, rubbish or debris, including but not limited to concrete,
crushed glass, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts on any of the foregoing.
64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
65. 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.
66. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area. Stockpiled materials shall be stored within erosion controls or trucked off site.
67. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system. Silt sacks shall be maintained and regularly cleaned of sediments until all
areas associated with the work permitted by this order have been permanently
stabilized and the NACC or its agent has formally approved their removal.
68, Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department,
69. 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 clumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
242-1752,Turnpike Street 1270 special conditions 9 NACC 4/16/2019
DEP FILE #242-1752
70. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
71. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
72. 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 theTown's Wetland protection Bylaw.
73. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 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 survive the issuance of a Certificate of Compliance.
74. There shall be no dumping of leaves, grass clippings, brush, dog waste, or other debris
into a wetland resource area or beyond the No-Disturbance Zone demarcated by the
posts and/or wetland markers. This condition shall survive the issuance of a
Certificate of Compliance.
75. 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.
76. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
77. 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.
242-1752,Turnpike Street 1270 special conditions 10 NACC 4/16/2019
DEP FILE #242-1752
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
f
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan, in the same scale as the record plan referenced herein,
prepared and signed and stamped by a Registered Professional Civil Engineer
(P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for
the public record and. 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 then 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.
S> Distances from.all 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.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
5� Location of No-Disturbance Zone posts with markers.
78. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot except in
those Locations approved under DEP # 242-1752. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.1 and 3.4 of the Regulations for performance standards within
242-1752,Turnpike Strect 1270 special conditions ll NACC 4/16/2019
DEP FILL# 242-1752
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;
Y Resource. Area Markers (Condition #53);
Operation & Maintenance (Condition #58);
Discharge or spillage of pollutants (Condition#71);
Y Prohibition of underground fuels (Condition #72);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#73);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #74).
V
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242-1752,Turnpike Street 1270 special conditions 12 NACC 4/16/2019
DEP FILE #242-1752
APPENDIX A- AFFIDAVIT
.__ --- on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEA SE CHECK AT LEAST ONE BLOCK)
1..� 1 am the _..............—of ..............
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions__..__..,....._.-.
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
/or
I am the_.._..._._..... ....._. ..of._.
(position with owner) (owner name)
the owner upon whose land Order of Conditions_____..,.......___ .._.
have been placed up by (DEP or NACC number)
the North.Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this ... ,...._.-day of_ 20a..._....—.
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. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this _........_._day of 20
(Signature-authorized agent of applicant or owner)
1
242-1752,Turnpike Street 1270 special conditions 13 NACC 4/16/2019
Standard 9: Operations and Maintenance Plan
Vggyqtated Areas Maintenance
Although not a structural component,the maintenance of lawn areas may affect the resource area.This
includes the health/density of the lawn and activities such as the application and disposal of lawn and
garden care products, disposal of leaves and yard trimmings.
Initial Post-Construction Inspection
During the initial period of the lawn establishment shall be inspected twice in first year by
contractor or owner.Any dead lawn found after the first year will be replaced.
,long-Tenn Maintenance
The lawn shall be inspected on a semi-annual basis and any litter removed. Weeds and invasive
plant species shall be removed by hand. Leaf litter and other detritus shall be removed twice per
year,
Pesticide/Herbicide Usage
No pesticides are to be used unless a single spot treatment is required for a specific control
application.
DANVERS OFFICE MARLBOROUGH OFFICE
185 Centre Street,Danvers,MA 01923 315 Elan Street,Marlborough,NIA 01752
Phone: (978)777-3050 Fax: (978)774-7816 Phone: (508)460-1111 Fax: (508)460-1121
www.hancockEissociates.com
Operation/maintenance.,plan
The BMPs associated with this project will be owned by Seven Pulls Foundation.
Any accumulated sediment should be removed from catch basins, dry wells and all drainage pipe
inlets and outlets as soon as possible after heavy precipitation and every spring.
Construction Phase
maintain drainage facilities as shown on plan((117201, by
1) The contractor is to install and g
MHF Design Consultants, Inc., dated July, 2001, revised October, 2001).
2) All construction of drainage facilities is to be inspected by inspectors from the Town of
North Andover and MHF Design Consultants;Inc, to verify conformance to the design plan.
Post-Development Phase
The owner/occupant is to be responsible for maintenance of all drainage structures in the
project- including roof drains, drain pipes, sediment removal and detention systems. The owner
is Seven Hills Foundation, who will be responsible for compliance with this O & M Plan.
Regular maintenance is to include the following:
0 Trash removal is to be contracted on a weekly basis.
e Sweeping of parking area is to be done every month.
* No de-icing chemicals are to be used within the 100-foot buffer zone.
* Snow is to be stored outside the 100-foot buffer zone such that melt-water flows into the
stormwater treatment facilities for TSS removal.
® Cleaning of the Detention System every 3 months and the "Downstream Defender" as
suggested by manufacturer.
0 Inspection of all drainage pipe inlets/outlets and Detention System every three months.
0 Inspection and cleaning of all Catch Basins every three months or after all severe storms.
_ I
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