HomeMy WebLinkAbout- Permits #242-1428 - 8-100 Compass Point Road 9/27/2012 i
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Massachusetts Department nvironmental Protection Provided by M ssDE ;
Bureau of Resource r tecti -Wetlands MassDEP File W2 -1
428
A Form 5 - er C d
g City/Town:NORTH ANDOVER
Massacliusetts Wetlands roteeti n .et M.G.L.e. 13 1, 40
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A.
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General Information
. Conservation Commission NORTH ANDOVER
2,Issuance, a. F 00C b.F Amended 00C
3.Al: t Details
.First Nam,e. PRIBRU b.Last dame t-LINGO. Nl
.Organization ONE HUNDRE D FOURTEEN TRUST
d.Mailing Adds 51 MOUNT JOY DRIVE
C.Cityfrown TEWKSBURY f.Stag .Zip Code 01876
.Property Owner
.First Name .Last Name HIINGORANI.
e,.Organization ONE HUNDRE�D FOURTEEN TRUST
d.MaiIu Address 5 1 JOY DRIVE
e.City)Town TEWKSBURY .State , .Zip Code 0,t 876
5.Project Location.
,.Street Address LOT 4N-A TURNPIKE ROUT: t 1
b,.Cityffown NORTIJ AND OVER c.Zip Code 0 1845
d„Assessors Map/Plat# 106D e.P reel , t
f. title 42.63,42IN g.Longitude "t. " 2 � "
.Property recorded at the Registry of Deed for:
.Cbunty b.C rti sate c.Booty d.Page
NORTHERN ESSEX 12184
7.Dates
.Date N t filed.- t ,,Date Public Heanng Ct s d- 12 2 t e.Date Of Issuance: 7/ 1
Approved Plans,and Other Documents
.Plan n Title: .Plan Prepared .Plan s n d tin d : d.Reprised Final Date: e.Scale:
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SfIEET
S I2 ,
B. Findings
1Xmidings ptirsuant,to the Massachusetts Wetlands Protection Act
Page t of 10 ELECTRONIC COPY
Provided by MassDEP:
Massachusetts Department of Environmej,ltal Protection
Bureau of Resource Protection-Wetlands MassDEP File P'.242-1428
ions
Ito eDEP Transaction#:'505815
)NTA Form 5 - Order of'Condl' City/TownNORTHANDOVER
Massachusetts,Wetlands,Protection Act M.G.L.c. 13 1,§40,
Following the review of the the above-referenced Notice of Intent and based on the infonnation provided mi this,application and
presented at the public hearing,this Commi'ssion fids that the areas in which workis proposed'is slignifiemit to the,following interests of
the Wetlands Protection Act.
Check all that apply:
c.ry Prevention of Pollution
a. 1�;-''Publie.W—a'ter'S,upply b. r Land Contai 'nin g Shellfish E, rT Protection of'Wildlife Habitat
d. F Private Water'supply e., F Fisheries
g. F Ground Water Supply h. 17 Storm.Damage Proventioll i. F Flood Control
2.Commission hereby fmds the project as proposed,is:-,
Approved subject to,: •a F'T�he following conditions which tire necess,aryin accordance with the perfortnace n standards set fbith in the wetlands regulations,.
.
This Comm ission.orders that all work shall be perfornied in accordance with the Notice of Intent refcreniced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions,modify or
d!ff-er from the plans,specifications,or other,proposals submitted with the Notice of lnten these conditions shall control..
Denied because:
b.[7 The proposed work cannot be conditioned to meet the perfonnanon standards set forth in the wetland regulations.Ther,efore,
work on this project may not go forward unless and until a new Notice of Intenti's submitted,which provides measures which are
adequate to protect Hilterests of the Act,and a final Order of'Conditions is issued.A description of the perforinance standards
which the proposed work cannot meet 11s,attached to this Order. ect of'the work on the hiterests
c.F i,rh,e infortnation submittedby the applicant is not,sufficieritto describe the site,the work or the oft"
identified,in the W t1ands Protection Act,Therefore,work on this,project may not go,forward unless and until,a revised Notice of
Intent is submitted which provides sufficient infonnation and includes measures which are adequate to protect the interests,of the,
Act)mid a final Order ofCondition s is issued.A description of the specific infer ination w1fleh is laelding and,why It is
necessaryis attached to this Order as per 310 CNM m 10.05(6)(0-
I r Buffer Zone Tpacts:Shortest distance bew teen limit of prpject disturbance and the Nvetlarid.resource
area specified in 310MM10.02(i)(a). a.linear feet
Inlanid'Resource Area Im paets-.(IFor Approvals Only)'
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration. Replacement Replacement
4. rBank &linear feet b.linear feet c.linear feet d.linear feet
,5.F B ordering Vegetated Wetland 290 290 1272 1272
a.square feet b.,square feet c.square feet d.square feet
6. r'Land u:rider Waterbodles,and Waterways a.square feet b.square,feet e,.square feet d.,square ft:et
c.c/y dredged f Uy dredged
T r-Borderhig Land&ibjed to Flooding a.squar feet b.square feet c.square feet d,square feet
Page 2 of 10*ELECTRONIC COPY
� � n ip me Protection
Provided `:
Mas§DEP File 4 2 -1,428
OrderBureau of Resource,Protection-Wetlands el, 'Transaction U.-505 815
Condition
Massachusetts Wetlands Protection Act.G. .C. 1,3 f,
Cubic Feet,Flood Storage .cubic feet f cubicfeet g.cubic feet K cubic feet
.f—isolated Land Subject to Flood Mig
.square feet 1.square feet
Cubic Feet Flo o d Storage
------------
feet . 1 i feet .cubicfeet f�cubic feet
c.cubic.r Riverfront Area
total sq.feet b.total:, .feet
.square,feet d.square feet . ears feet f square feet f
Sq ft between 1 -20
.sqpare feet h,square feet
ResourceCoastal Resource Area Impacts: Proposed Permitted Proposed Perinitted
Alteration Replacernexit Replacement
1 .r Designated Port Area
Indicate size under Land Under the ,below
11.F Land Under time Ocean ...
.square feet b.square feet
.c/y dredged d.c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dimes
below
12. Barrier Beaches
13. _ Coastal . r feet . pare feet c., nourishment .cl noon n � t
1 .,F Coastal Dungy a,square feet b.square!feet c.c/y nourislunient d.c/y noudslunent
i
15.F,Coastal Banks
a.I feet b.linear feet 1
1 .T7 Rocky 1tll Sores, t
.square feet b.square
1 .1,Salt Marshes
_
a.square,feet b.square feet c.square feet d.square feet
18.F Land Under Salt Ponds fit � t
.square �
.cly dredTed .cly dredged
19.F Land,Containing Shellfish r feet .
. pare,feet . c,square feet ,. feet
Page 1 ELEC .R COPY
Provided by MassI)EP"
Massachusetts DepartMent of Env'-ronmental Protection
I MassDEP File 1h242-1428
Bureau.of Resource Protection-Wetlands eDEP Transaction#.-505815
i
MTA Form,5 -Order of Cond i tons City[rown:NORTH ANDOVE R
Mass achusetts Wetlands Protection-Act M.G.L.C.
Indicate Size under Coastal Banks,Inland Bank,Land Under the
20.,r"'Fish,Rum Ocean,aridlor inland Land Under Waterbodles and Watenvays,
above
c.c/Y dredged d.Uy dredged
2 L[71 Land Subj ed to Coastal Store.Flowage 11-------
a.,square feet b.square feet
'22,
17 Restoratimi/Enhancement,(For Appr val.s Only) 11 es tage,that h&s been
If the project is for the,purpose of restormig or enhancing,a wetland resource area in additio r to th quare foo
entered In Section B.51.c&d or B.17-c&d above,,please entered the additional amount here.
a.squaxe feret of'BVW b,square feet of Salt Marsh
23.
r- Streams Crossing(s)
If the project involves,Stream Crossings,please,enter the number of new streaan crossuigs/numbler of replacement stream crossings.
a.number ofnew strearn cross,Ings, b.number of replacement strearn crossings
*I
I Cond'flons Under MasSachusetts Wetlands Proteetton Act
C. Genera i i
The Nlowing,conditions are only applicable pproved projects
comply i I I statutes and other regulatory measures,shall be deemed,
I Failure to comp with all conditions stated hereir�and with all related s
cause to revoke,or modifythis Order. rize any i,nj air 2. The Order does-notr grant any property rights or any exclusive privileges;it does not autho iy to,private property or
invasion of private rights. son of the Ilecessity of complying,with all other applicable,federal,
3. This Order does not reli1
eve di.e perrnittee or any other per
state,or local statutes,ordinances,)bylaws,or regulati ons., ing
4. The wort authorized hereunder shall be completed within three years fore the date of this Order unless either of the followi
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
K the time.for completlion has been extended to a sp�ecifted date more than three years,but less,than,five
years,,from the date of issuance.If this Order mo
is intended to be valid forre than three,years,the
drctirn n-to period
extension date and the special stances warranting the extended,ti" are set forth as a
special condition i i in thi rder,.,
s,0
5. " leis Order may be extended by the issuing authority for one or more periods of tip to three yews each upon appl"cation,to the
e expiration,date of the Order.
is,suing authority at least 30 days prior to th
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuec
ri n Wal
dateoftheo 19 i al Order ofConditions.
1 this project shall be clean fill.Any fill shall contain no trash,refuse,r6bish,or debris,micluding
7. Any fill,used in connection with i 1P ires,ashes,refrigerators,motor vehicles,or pmts of
but not Iftnited.to l�urnbe�r,bdicks,plaster,wire,lath,paper,cardboard,pl e,t
any of the foregoing. eat pe,riods from Us Order have elapsed,or.if such an appeal has bee�n taken:,
8. This Order is not al until all admm' I'istrative app
Until all proceedings before the DepwInment have been completed.
9. No work shall be undertaken unti I the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the,d i sti ict n which the land is located,within the chain of title of the affected,property,In the case,of recorded,land,
Page 4 of 10*ELECTRONIC COPY
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MassachusettsDepartmento En it nm
enta � � t 1dd MaEP'
Bureau e urce rOt .� 6D PTransi " 5
815
" AOVER
-'order of Conditions C t► " wrr* O
131� §40
U Wetlands protection Act, B. w
Massach
Registry's Grantor index under t1i p
on Which the
t1 Find order shall alLeal Court
registered land, rtai
rat
�� � t �� ��,��� w rat ru '" ��a11 �
proposed work i t done.
�"t��� ��� � the proposed work,� d+�rrw� recording rr '�arrr�at��r� ,
Certificate�a 'itl the owner P ch form must b,e stamped by the,Regime of D effiso
wl
trr r t n Comm,C ,i nor n the fog at the end this Order,
prig to t er ent R work..,
..,
sign,10. A splayed not'less then
feet, :r tll three square feet sip bearing the words,
Massachusetts Department " t� �rrmr�ta1 P"rottr�""
or" assEP"
t d t issue a Su ers d l Order,the Conservation Commission
11. Where Department"aEnvironmental r"
,beforerigs
Mass DE
sha l be party t all a proceedings
,. p1 t r r1 described r rrr,,
he 11ant l�a1t submitRequest �.°Gnat "Compliance
g
8A)to the Conservation COmmisstion.
t+ the plans and special
w The nor saI immission
ial conditions referenced this order.
1* It to qu, of the Conservation CO I
app teal in ire
1 w Any charge t the pla .s identified in Condition 1 " newtl � Intent.
Er tl wh tl r d hang 1 s� "' cant u to rr u � filing
the,right t
" �w
. ►atro�rr G1ssr�rr the rrt Err �r�r�-� r�ta�l 'r�tt1r�� this,
subject15. The Agent or members � � Grdr a:t r�ena,�1 h,� r t �ea� at � li" wrth t1�wcor�drtrr�s st�at+� �r.tl� t
enter and apt tl ta" the rrsratrrrr�1sro Department
Order,� � requirethe submittal, data d�rnd
evaluation. necessary by sir in��rrtr+�1 " property suh t t this order d
16. Th'Is Order r rrdit ins shall apply t n successor�interest or successor,
t and
contractor r other r person p r rmin i rk conditioned this Order.
w d"ant t Bordering ta�td Wetland,the boundary of the,
7. Prig t the work,and if the,project involves work, o by rd stakes or �, � place,the wetland
rrtl are used° ► r shall rrrrld
the it prop " to fCom fiance has been issued'l the,Conservation Commission"w J
boundary markers shall e " taro d untrl Certificate
" " a n�t1 disturbed arm have been rlti stab" with � tatiorr r
: . 11 sedimentation barriers shall 1naintain food r body.During orrstrn�tinn,the applicant r r
arcs" t t sediments deposited td or,water
other basis and shall remove accumulated,d s+ediments�needed.,The,applicant
" w darn
designees all insp t erosion
w that� at the.site ar�d ha1i '� ir� nd�ati notify� Conservation
'ball i drat l control any e s� problems r��s� "„ 1 a filar d pre ent1 or��rois It dnecessaryw
" to require a�ddrtr uunaI er p' y�
Gorr rssr n, reserves ark unless ai'other i i it o work line has been approved this Order.,
�rift
Sedi�xl nt tron barriers rs shall e i�rt
of ,pE G NTT
NOTICE G STORM CONTROLMassachusettsr subject to the StOnnwater Standards.
19. ` rl associated with the oJ
water Standards,then the project is subject to the d� � enrrrd bons
I the work 1s subject to Storm.
+ r�str , tion acid redevelopment,
opment, �l n 1e��errted accordance
rn
voar ,lr eludr site pre parat on,land disturhar
icep a) AJI and sedlruertatiorr enz�re and appleahe, e
with the construction period pollution prevention and area tart Discharge 1imina�tinn System C+� etion General
Storrnwater pollution.Prevention Plan required the patron " er tabor d pollution control rn nres and
aired h ,Storm%eater Standard period�rsron,sedc
e�~rnit , rep and .��r�strrret�or�
�.management practices
remain, place until tl e site 1s fully stabili d.
" stared
ed to thepost-coristructron stor v ter' unless and until a Registered
storrrvater rrrnnr may he discharged
Professional Engineer provides Certification
t%at r. n metier, er nd� rr removed or �� be removed
" w construction period t+nded to converted,to post eorstr. +�trorr
date certain spe+rred the Certification.Per eons p
operation 'r ttrm�vater�atter�aiatror�,r� �
and/or trea:tr ►ent,the co ver ion is n1io�v d the ss 'EP`Ito water
that the�B� "� "
my � has prperl cleaned�►r prepared per post construction oera��etior
IW w w ." " l
'Handbook sp�ee 'r�atrons w diem ' let d�a�.ztet control structures; �, " ur1tfinal
ineludni removal `��construction etrnr period pp si�arral n rr�r�,art. the site' u11 stahrii d3 h.
BMP plans are included,signed and stamped a Registered Profs g' per r ntrernen s o Stor tnNvater
any w discharges to the stormwater management system have been removed,a P
rirert Page ELECTRONIC Copy
i
ided by M sDEP:
Mass achusetts Department of Environmental P r otection F rovi as
urea R ree Protect -Wetlands, MassDEP File#:242-1428
)WA Form.5-Order ofConditions City/Town.-NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c, 131,§40
Bu.of csouion eDEP Transaction#:505815
Standard 10;IV,.all past-eery stniction storinwater,BMPs areistalled in accordance with the plans(including all planting
plans)approvedby the issuiauthority,and have been"inspected to ensure that flicy are not darnaged and that they are'111
ing
proper workhig condition;v.wry vegetation associated with'plost-constniction BN4Ps'is suitably establi w shed to ithstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing,authofitylis notified that another,party has le, alty assumed,
ibl I ity for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsi 11
res onst p ible,party(defined in General Condition 19(c))shall execute and submit to the issuing audionity an Operation and
Mahitenance Compliance Statement("O&M Statement!')for the Stormwater BMPs identifying the party responsible for
implementing the storm water B�MP Operation mid Maintenance Plan("O&M Plan")and certifying the following-Ii.)the O&M
Plan is complete and will be ftnplemented upon receipt of'the Certificate of Compliance,and ii.)the fliture responsible parties
shall be notified hi NVniting oftlieir orlon, legal responsibility to operate and maintain the stomiw,ater management BMPs and
implement the Stormwater,Pollution Prevention Plan.
d) Post-con ruction pollution prevention and source control shall lie implemented in accordance with the long-terni pollution
prevention plan section of the approved,Storinwater Report and,if appficable,the Stoniiwater Pollution Prevention Plan
I
required,by the National PollutatitDis,cliargeEl�i,m'iafion,System Multi-Sector General'P ermit.
6) Unless and until another party accepts responsibility,the lwidowjirr,or ow,ner of any drainage easement assumes
,responsibility Bor maintaining each BMP'.To overcome this presumption,the landowner of the property must,submit to the
issuing authority a legally bmiding agreement of record,acceptable to the issuing authority,evidencing that,another entity has
accepted res onsibility fbT maintaining the B'MP and that the proposed responsible party shall be tivaled as a penniffee for
p 1 1, 3
purposes of i plementi through 19(k)with respect to that BW.Any failure of the
im ing the requirements of Conditions 19(0'
proposed responsible party to it the requirements of Conditions 19(0 dirough 19(1 wi.di respect to that BMP shall
b,e a violation of the Order ofConditions or,Certificate of Compliance.In the case of stormwater BW,, ,s that are servmig more
than one lot,the legally binding agreement shall also Identify the lots that will be serviced by the storm water BMPs.A plan and
easement deed that grants the,respon,sible pail access to perform the required operation and maintenance must be submitted
aloe with the legallybindmig agreement.
The responsible party shall operate and maintain all stormwater BNVs in accordance with the design plans,the O&M Plan>
and the requirements of the Massachusetts Ste grater Handbook.
,g) 'The responsible party shall:
L Maintaftn an operation and maintenance log for the last three�(3)consecutive calendar years,of WiSpections,repairs,
ge disposal sal.the
Maintenance and/or replacement of the stormwater mana ment systern,or any,part thereof,and dis os I(for di
log shall indicate the type of material,and the disposal location),-
2.Make the maintenance log available to MassDEP and the Conservation Commission("Coinmissilon")upon request.and
3.Allow meiiibers and agents of the MassDEP and the Commission to enter and inspect Ole site to evaluate and ensure
that the responsible party is inn compliance with the requirements for each BMP established in the O&M Plan appro veld by
the issuing audiority.
h) All sediment or other contaminants removed from stounwater BMPs shall.be disposed of in,accordance with all applicable
Federal,state,and local laws and regulations.
Illicit discharges to the storinwater management system as defined in 3 10 C,MR 10,04 are pro.hibited.
7 in, e i itt n
j The stoma cater manageni�ent systernapproved i the Order of Conditions shall not be,changed without the prior wr ,e
approval of'the i ssuing audiod(y.
k), .yeas designated,as qualif ijl pervious areas for,ffic purpose of the Low,Impact Site Design Credit as defined*in the
9
MassDEP StonnNvater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
wi I fliout the,prier written approval of'the issuing,authority.
Access for maintenance,repair,a' and/or replacement of BMPs shall not bic withheld.Any fencing constructed around
P
storm%vater,BMPs shall miclude,access gates and shall be,at least six miches above grade to,allow for wildlife passage.
Special,Con dlitlionS:
SEE ATTACBED.,
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'MassachusettsDepartment En i nini l: "ote do PyOvI m� � �
Bureau o Re �rProtection,-Wetlands Mass
'Fil -t 2
F' ri 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 13 t,
y
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Page 7 of 10 ELECTRONIC COPY
Massachusetts Department of Eiivironmental Protection Provided by MassDEP:
Bureau of,Resource,Protection-Wetlands MassDEP File M-242-1428
e lDEP Transaction#-505815
)WA Form 5- Order of Conditions yJr0NVn -I ANDOVE R
M I assachusetts Wetlands Protection Act M.G.L.c, 13 1,§40 Cit :NO R:1 1
a #
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I- Is a mumicipal wetlands bylaw or ordinance applicable? Yes F No,
2. The Conservation Commission hereby(check one that applies):
IM,
NEES the pr rk which cannot be,condi t[oned to
IP
meet the standards set f6rdi Mi a munici al ordinance orbylaNy
i 51=1fical"IY4.
1,Municipal Ordinance or Bylaw 2.Citation
Therefore,work on diis project may not go,forward unless and until a revised'Nofice of flitentis submitted which provides
measures which are adequate to inert those standards,and a trial Order or,Conditionsis issued.Which are necessary to
comply with a rn,uniclpal ordinance or bylaw:
APPROVES the proposed,Nvork,subject to the following
additional conditions.
NORTHAND OVER
,
L Municipal Ordinance or Bylaw WETLANDS 2.Citation, CHAPTER 178,
PROTECTION
BYLAW
3. The Commission orders tat all work shall be perfon-ned,'in accord,ance with the followi coed itio ns and with the Notice of
U19
Intent referenced above,To the extent that,the following conditions modify or differ Roin die plans'.specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special cand itilons relating to municipal ordinance or bylaw are as follows,:
SEE ATTACFMD.
Page 8,of 1,0 *ELECTRONIC COPY
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a t n i 1 Protection
M'assDEP File w 2-1 28
Bureau of ResourceProtection-Wetlands e Transaction : 5 15
�'.�.Form Ord ' n owANDOVE R
� �:NOR
�
Massacliuset,ts Wetlands Protection act . .L.,c.131,
E. Signatures
This Ordunless Conditions,Oth 2 /2,010
Order
Pursuant,to General Condition#4.If this is an Amended f Original Order
ru r expires the same date as the original Order conditi �s.
µ " Order must sip
Pipe indicate the number ofmembers N I I � � � 2.Ntumh r of Signers
also must be mailed
ddb
�� Order �� �rt `ii� u1(return receipt r�,u� st r deliveredto the applicant. copy� t �
or hand delivered t thesame tie to theappropriate Department v r u�uut PrOte t'OR Regional Mice, �
i tronicali ,and the propel r,if different fron,aPPli ant
w
f
S atmes
t
Uy certified
v
,return receipt requested,on
f by hare.delivery on
-711141
Date
Date
F. Appeals
The appI-M,t,Ole owner,any person aggrieved b this Order,any owrier of land u land sit t this,Orrr,or any try
Which such land is located,are e note their right to request the appropriate M�1
resets tr rii or �� i1i � r the
u• r Conditions. 'h request must made cer�
Regional gi i t issue, Su p � i*ng fee and a completed st " � �e�t i tie u�sinittai Form,, .s provided
ith the appropriate 310,CMR i . within tern business days from the date of issuance e this Order. cue the request est s f
� delivery to the Conservation Commission and t the a pii t,i s.e is u� tappellant.
sit �� r .:�i r� �
w r associated with, this appeal will required to demonstrate prior
Any appellantsseeking to p i tii departments Supers r � � � u�s� r issi ru "�written,information to
participation the r vi w ofthisproject.Previous p rticip do , rout �e � �� � in' r� tt,o
rug guest rse rr,er ire
the Conservation Comm,Issio prior t the c1es+ 'the public he
to thic,Dep artment prier,to 1 ssu ance of a Supers Supersed Ling Order..
objections to the Order which is being p not
Tile request shall state
ei, ri r�e�sei w appealed the Order �
w � terests�i e�ti the Massachusetts�eti .
� s Protection het ���, .13�,� �,� as
e�tr ��zte t the protection.
�rusute�t nth the eti� s regulat
ions 1 C 10.00). tine e t rut that the Order is based on municipal ordinance rbylaw, I
and not on the
Massachusetts Wetlands "ru to flon,het or regulations,the Department has e pip ii to a ris ietiOn.
'age 9 of tO ELECTRONIC COPY
Massachusetts Department of'Eiivlronmental h-otection Provided,by MassDEP:
Bureau of'Resource Protection-Wetlands MassDEP File 40-242-1428
*at ti 4
"A Form,5 -Order of'Condinons City[rown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L,c. 13 1,§40
eDEP Transac ion#-505815
G. Recording Information
This Order of Conditions must be recorded Hil,the Registry of Deeds or the Land Court for the district in w1itich the land is located,
i6tin thecha n 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 ffie Conservation Corgi uTuission fisted below.
NORTH A. OVER.
Conservation dornnilsslon
Detach on dotted line,,have stamped by the Registry of Deeds and submit to,the Conservation,Commission.
........... ..........-.............k-........... ........... ...........
To:
NOWMANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at-,
LOT 4N-A TURNPIKE(ROUTE 114) 242-1428
Project Location MassDEP File Number
Has been recorded at the Registry of'Deeds of-,
County Book. Page
for:
Property Ownel PRIBHUHINGORANI
mid has been,noted in the chair of title off`the aflected property in*,
Book Page
In accordance with the Order of Conditionsissued on:
Date
If recorded land,the itistrment number identifyflilg this transaction is:
Instrument Number
If registered land,the document nuniber identifying this tiwsaction is*,
Do cement Nu nil ler
Signature of Applicant Rev,,4/1/2010
Page 10 of 10 ELECTRONIC COPY
DEP FILE 4 242-1428(AMENDED)
PROJECT OVERIj
VIEW f.
The applicant, One Hundred Fourteen Trust, f fled a Notice of Intent and supporting site
plans with the, North, Andover Conservation Department on, May 14, 2008 for the
construction of a 49, unit condominium complex includin roadways,, utilities stormwater
9
management structures and associated grading within Isolated. Vegetated. Wetland (local
jurisdiction), Buffer Zone to,Ephemeral Pools and,Ephemeral, Pool Habitat(local Jurisdiction'),
and Buffer Zone to Bordering Vegetated, Wetland (BVW). Buffer Zone mitigation 'is also
proposed. The project site lies entirely within Priority and Estimated, Habitat of the
Blau ding's Turtle (Eiiiydoidea blar riding ii). An ORAD was issued on May 25, 2006 for the
Jurisdictional wetland resource areas,witbin t,he subject site(242-1350).
Orders of Conditions, were issued for two addi'tional projiects on the property DEP File Nos.
2 2-959 and 242-1283. No work was started on either Order.
ri
The Notice of Intent for th 49 uIll't condominium complex was submitted as part of a,
comprehensive permit a, tion filed with the Zoning Board of Appeals ('ZBA), pursuant
ppiica I
to G.L c. 40B. to construct an affordable housing project at the property located off Turnpike
Street to be called, "Merrimac Condominiums (the "Development"), Pursuant to this
statute the applicant originally proposed to construct n"nety-f* e (95) condom*
If I IV 11111UM
dweRing units. As, proposed., the development would be located on a site of approximately
14.77 +,/- acres,of land being Map 106D,'Lots 63,75, 74,and 44 to be re-divided' 4 parcels,
Lot 4N-A consisting of 10.8 acres ofland.with frontage on Turnpike Street(Rt. 114). Lot 1N'-A
consisting of 1.9 acres ofland with frontage onBerry Street, Lot 2N-A consisting of 1.10, acres
of land with, fro� age on Berry street, and, lot 3N-A consisting of 1.0 acres, of land also write
frontage on Berry Street.
since me a pican t's original proposal to construct ninety-five (95) units, the applicant had
P
reduced the number of units to, fifty-two 5 me rshi dwllingunits nsist'ng of I
three (3) single-family homes and forty-nine (49) condomin s, with associated
infrastructure and improvements during the ZBA. public meetings. The, ZBA 'issued a,
Findings and a Deci",sion on the application of One Hundred and Fourteen Trust for
Comprehensive Plermit at the September 11, 2007 public meeting. An "Insubstantial,
Modification of Finding and Decision" was made at the November 13, 2 ubl ic meeting.
'Findings,
The North Andover Zoning Board of Appeals (ZBA) approved the pr 'ect as a
oJ
Comprehensive Permit under Chapter 40B of the Massachusetts General Laws,. The
Definitive Subdivision Plan for the project was, endorsed by the ZBA on September 11,
2,007.Subsequently, an"Insubstantial Modification ofFinding and Decision" was made at
the November 13, 2007 public meeting.
01 An Order of Resource Area Del at was issued on May,25, 2006 under DEP File #242-
1425.
01 'The NCC engaged Lisa hggy'leston to review stormwater management,on the sit'le.
242-1428,lot 4n-a turnpike st,nierrimac conclominiums Amended NACC
9/18/2012
DEP FILE#242-142 8(AME4 NDED)
* Publ ic hearings were held on the follow"Ing dates: May 28,2008, October 8, 2008,
November 5. 2008, August 12, 2009,,March 10,2,010, April 28,2010, May 191, 2010,June 9,
2010,June 23,2010,July 14, 2010 and July 21,20,10. The applicant requestec I various
continuances,throughout the process.
* At the October,8,2,008 meeting the NACC discussed concerns about wetland alteration,
due to over story clearing of the site resulting in changes to wetland character istiCs
including,shading/temperature,vegetation, wildlife'habitat,and water quality.
* At the October 8,20,08 meeting and at subsequent meetings,the NACC expressed concern
about underground stormwater structures,that could potentially change groundwater
h �ology and,Possibly deprive the vernal,, is of water.
* At the March'10,2 eeting the Patrick Garner, the applicant's representative.,presents
the-use of porous pavement to address the NACC's concerns,about changes 'in site
hydrology.
* In'June 2010 the applicant,began monitoring the two cerfif l*ed vernal pools on the
property. A control pool was identified on town land off of Berry Street. A monitoring
gauge will be,installed and, the additional pool will be monitored,
* The public hearing was closed on July 21,20,10.
* On Septeniter 12,2012,the ACC held a public hearing and voted to amend the Order of
Conditions as proposect in the record documents referenced herein.
I'd
Tire or e Nth,Andover Consery nu
ation Co -nission (1-iereafter the "'NACC" hereby fi*nds that the
following conditions, are,necessary, in accordance with the Performance Standards set forth
in the State and Local as applicable) 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,followinR conditions mo ify or
differ from the pla tions or other-2roposals subt-nitted with the Notice of Inten
the conditions shall control.
,E=GEDNE,RAL CONDITIONS
OEM
20. The pro-poseld work includes: The construction of pervious,asphalt residential roadways
and associated 'infrastructure to access 49 townhouse style units, stormwater management
structures, and resource area and buffer zone ini t igat"Ion/restoration" portions of which
are within Bordering and Isolated.Vegetated Wetland (BVW& lVW) and the,associated
'100-foot buffer zones,and the offer on to Ephemeral Pools. The project will
permanently alter 290 square feet of Bordering and 5,693 square feet of Isolated Vegetated
'Wetland. 1,272 s.f. of Bordering Vegetated Wetland replacement i's proposed. The project
has been,amended to include two car garagesfor 26 of the total 49 proposed units with
expanded 16-tolot wide porous pavement driveways.
21. The work shall conform to the foliowing:
Applicant: Pribhu,Hingorani
One Hundred Fourteen Trust
242-1428,1 tot 4n.-a tUrnpike st,niernmac condomin'turns Amended 2 NACC
9/18120 1�2
w
DEP E 4 242—1428, (AMENDED)
5Mount Joy Drive
Tewksbury, MA 0,1876
Property Owner,: Same
�Notice of Intent filed by: Patrick Garner
Patrick C Garner Co.,Inc.
9 Whitney Street
Northboro, MA 01532
Date: May 12,,2008
Received,: May 14, 2008
Site Plans prepared byPatrick C Gamer Co.,Inc.
109 Whitney Street
Steeped yPatrick C. Garner, ,Professional Land Surveyor
and Kanyl ,, P.E.
Record Plans: "Merrimac Condominiums, North,Andover, ass." and
"49-C a,p. 40B Residences, North Andover, Magi's.,",Sheets
2 (Inc. A- ,last revised.June 30,2010, (Sheets,4,
2 August 27,2012 (Besets -3, 5 and 6);September 10,
2012(Sheets 7-10).
Sheet I of 20 Overall, Boundary Sheet Index Plan
Sheet 2 of 20 Building .yet Plan
Sheet 3Building Layout Plan
Sheet 4 of 20 Existing Topography
Sheet 5 of 20 Final Grading Flee
Sheet 6 of 20 Final Grading Flee
Sheet 7 of 20 Drainage &Util. Plan,
Beset 9 of 20 LandscapingPlan
Sheet of 20 LandscapingPlan
Sheet 11 of 20 Prie Development Watersheds
Sheet 12 of 20 Post- opment 'atersh,ed
Beset .3 of 20 Road Flee &Profile
SheetProfile.
Sheet 15 '2 '' Details Sheet
Beset .6 of 20 Details Sheet
Sheet 17 20 Details Sheet,
Sheet 18 of'20 Conservation Plan
Sheet 19 of'20 Conservation Plan.
Sheet 20 of 20 Phasing&Erosion Control Plan
2 2-1 2 ,lot 4n-a turnpike st,ire rit inin inis Amended 3 NACC
1 91 1
1
DEP FILE 9 242—1428,(AMENDED)
Sheet 20A Phase 1
Sheet 20B Phase 2
Sheet 20C Phase 3
Sheet 20D Phase 4
Record Documents.- Hydrological Study
Merrimac Condominiums
Route 114, North Andover
Prepared by.- Kanayo Vela.,P.E.
Date: April 28,2008,
Revised September 22, 21008 and June 30, 2010
Wetland Restoration,
Merrimac CondominiUms
Prepared by Patrick C., Garner Company,,Inc.
Date: May 8,, 2008
Revised: May 27,2010
Operation&Maintenance Report
Merrimac, Condominiums
Route 114
Nordi Andover'. Massachusetts
Prepared by., Patrick C. Garner Company, Inc.
Date.- May 8, 201,01
Last Revised:July 15, 2,010
Invasive Plant Control Guide
Merrimac Ciondom'iniums
North Andover, Mass,.
Prepared by: Patrick C. Garner'Company, Inc.
Dated May 25, 2010
Revised May 27, 2010,
sion, of Fisheries &Wildlife
NHESP Vernal Pool Ce rtification Forms and Maps,
Certified Vernal Pool: 41045 and 4056
Date Certif'led 2006-06-19
Letter From: Thornas French,Ph.D., Assistant Director
Dated June 20, 2006
Letter from Patrick Garner
Re-, Revisions, Merrimac Condominlums
Dated August 27, 2012
Peer Review Letters Emails from Lisa D. Eggleston,,P.E.
242-1428,lot 4n-a turnpike st,n'ierrunac condomini'Llms Amend 4 NACC
9/181/20 12
DEP FILE#242—1428 (AME NDED)
(Stori-nwater) Eggleston Envi'ronmental,
Dated: August 18,20,08., February 3, 2010; May,28, 2010/
June 4, 20�10-June 23,2010-July 1 ,2010
Subject: Merrimac Condos
Letter from Lisa.D. Eggleston, P.E.
Eggleston Environt-nental
Dated: October 6, 2,008 and July 14,20101
RE: Stoxmwater Management Review and Storm water
Technical Review,
Merrimac Condominlum,,Ss, Route 114
Letterfrom Patrick Garner
Pattack C. Garner Company, Inc.
Dated July 120,10
Re: Response to Joint Peer Rev iew comments,trom Lisa
Eggleston, (Eggleston.Environmental)June 23 2010, and
from Joe Pe,zn.ola (Hancock Engineering) June 22,2010
Merrimac Condominiums, N., Andover
Email from Lisa D. Eggleston, P.E.
Subject: Merrimac Condos,
Dated: September ", 2012
Letter from Patrick Garner
Rie-.1 Revisions, Merrimac Condominiums
Dated: 11 Sept 2012
Email from Eve Schluter
Subject-. RE: Revised Plans- North Andover (NH ESP 07-
21329)
Other Record Documents: Water Quality Test Data for 2 Vernal Pools an Control
Pool)
Prepared by: Patrick C1. Garner Company, Inc.
22. The term"Applicant" as used Inthis,Order of Conditions shall refer to the owner, any
successor in interest or suc�cessor in control ofthe property refe�renced In the Notice of
Intent, suppor Or ACC
pin docurnents and phis der of Conditions. 'The N shall be tie
w d
6 0 0 *1 h"n 30 days of all tr er ansfs of tale of any port*on of property that takes place
in riting wit I
prior to the issuance of a Certificate of Compliance.
242-1428,�lot 4n-a turnpike st,merritnac condoininlums Ain ded 5 NACC
9/18/2012
DEP FILE#242—1428 (AMEi NDE D)
"J
23. The conditions of this decision shall apply to, and be bincti ng,upon, the applicant, owner,
its employees and all successors and, assigns in interest,or control. These obligations shall
be express d in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to,comply with all cond it"Ions 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 priviieges', 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 unfil -a
Certifficate ofCompliance is issued,, to evaluate compliance with this,Order of Conditi"ons,
0, Ar
the Act (310 CMR 10.0�0) and associated regulations, and may require any intormation,
measurements, photographs, observations,, and/or materials, or may requ ire the
submittal of an for necessary y data or inform deemed nessary by the NACC for that ev ation.
Further,,work shall be halted on the site 'if the NACC, agent or DES"determines that any
of the,workis no tin compilance with this Order of Conditions. Wo�rk shall not resume
until the NACC i's satisfied that the work will comply and has so n f l*ed,the apphicantin
writing.
26. This Order does not relieve the perm ittee or any ottier person of the necessity of
complying with all other applicable federal, state or local statutes,, ordinances,by-laws or
regulations.
27'. The work authorized hereunder shal,l be co mpleted,within three years from the date of'
this, order.
28., This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirtv
6 days �(30) prior to,the expiration date,of th Order (Refer to Cliapter 178.6 Nort1l ?kIldover
Wetlaiids Pr t ylazu acrid Sectiott 83 oftlie North Aitdover Wetlaitd. Regi.datiolls).
29. The NACC reserves,the right to amend this Order of Conditions after a legally advertised
,e
public hearing if plans or,ci"rcumstances are changed or if new conditions or im I ormation
so,warrant.
3 . Whe're, the Department of Environmental Protection (DES") i's requested to make a
determination and to issue a Sty.perseding Order,the Conservation Commission shall be a
0
party to all agency p'roceeci I ings and hearings before the Department.
31. Any future, project which proposes a,wetland crossing in order to access certain portions
of the p,roperty will not be qualified as a limlited project roadway under 310 CMR, 10.53(e).
32,. 'the following,wetland resource are are affected by the proposed work: Borderi,ng
Vegetated'Wetland (BVW), Isolated Vegetated Wetland (I VW-local Jurisdiction.only),
242-4428,lot -a turnpike st,niernmac condominhinis Ametided, 16 NACC
9/18/2012
y%
FILE 41242 1428 (AMENDED)
Buffer Zone to BVW and Buffer Zone to Ephemeral Pools. These resource areas are
s n i 1 fficlant to the interests of the Act as noted above and therein. The applicant hasnot
ig
attempted to overcome the presumption of signiticance of'this :�elsolurce area to the
identified interests.
313. The NACC agrees with the applicants delineation olt the,wetlail-Ld resource area as
approved in the Order of Resource, Area Dell'neation 'Issued on 5/25/06,-under DEP File
#242-1350.
34. The NACC finds,that the 'intensive use of the upland areas and buffer zone proposed on
this site will use further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a minima m Nio-Dis,turbance Zone of'v,ar
widths shall b st t lished from the edge of the adjacent wetland resource area as
depicted on the plans of record,referenced herein,. The Conservation Administrator
and/or other agents, of the NACC do,not have the authority to waive these setbacks as
established by the approved plans,
F-7
35. Portions of the future No-Disturbance /--.olne/Buffer Zone temporarily disturbed during
construction shall be planted in accordance with the approved "Conservation Plan"
(sheelts 18 &19 of 20)referenced herein and permanently maintained. The area shall also
be,monitored and maintainect in accordance,wilth,the "'Invasive Plant Control Guide"
referenced herein. Fencing bletween units and the buffer zone mitigation./No-Disturbance
Zonle shall be 'Installed prior to unit occupancy.,
36. The NACC approves the proposed wetland.crossing and associated resource area
alteration (Tilling of Isolated Vegetated Wetland-5,693 s,.f. and Bordering Vegetated
Wetland-290 s.f.,) provided that mitigation for this disturbance 'is clonducted in accordance
with the approved"Wetland Restoration Guide' and approved plans referenced herein.,
37. The NACC f ids the appl icant's proposal for'l,272 sq. ft'. of welt,land repl ication and site
wide,buffer zone mitigratilon.to,be adequate as proposed iin the Conservation Pla heets
18 and 19 of 20). Success of the replication area shlall'be measured in accordance with the
record documents and the Massachusetts InlandWetland Repli cats on Guidelines, March
2002.
38. The wetland.replication and,buffer zone mitigation areas all be performed 'in
accordance with the plans refe renced,herein and.' accordance with the following spleci I at
conditions:
The wetland rephication area all ble constructed and planted.pri"or to the start of unit
construction.
The boundaries of the,proposed,wetland replication and upland restoraftion areas shall, be
staked. These stakes shall remain in place until wietland vegetation has become fully
established-,
242-1.428,lot 4ln-a turnpike st,111CITimac condominiUllis Amendied 7 'N ►CC
9/18/2012
DEP,FILE 4 242— 1428(AMENDED)
* Silt fence shallbe *installed between the edge fthe proposed replicat ion/restorat*ion areas
,and the edge of existing wetland prior:to the start of excavation;
* The wetland replication areas shall be graded to 'its predetermined,surface elevation, The
exposed substrate shall be protected against erosion-until,re-establishment ofwetla,nd
vegetation Occurs*,
* The entire wetland replication area shall be surrounded by erosion controls to prevent
A i
erosion until it is,fully stabilized.
39. A qua tif'led wetland scientis t- shall monitor the restoration areas for TWO consecutive
e s ' er:for two years),following construction of said
growing sason (May and Oct ob
restoration areas. At the end.of each seasonal inspection,, a,progress report and
photographs shall be prepared and submitted to the Conservation Department that
A
describes, the survivability',health and vigor of the restoration areas., A total of FOUR
separate monitoring reports shall,be submitted over atwo-year period. If at the end of the
first grow ins g season, over all.success of restorat lion activ ities 'is not achieved,, the NACC
reserves the rights to require,additional rniffigation measures. Mitigation and replication
shall be deemed successful when at least 75% of the surface,of the replacement area is
established�ithindigenous species.
40. T rtifled vernal pools exist on the property within 50-feet of construction activity.
These pools and.a control pool. on Town of N'orthAndover land off of Berry Ste t shall
be monitored per the protocol,proposed,by the Applicant 'in"Water Quality Test Data,for
2 Vernal Pools and Control Pool)" approved and referenced herein., This monitoring shall
be conducted during the construction, perioct anct tor a minimum of three years
subsequent to the issuance of a Certificiate ofCornpliance. This monitoring,shall includie
collection and analysi's of surface water samples,from the on-site and the control vernal
pools both monthly and immediately following seasonal snow melt. The parameters that
will be,recorded include: water/air temperature, % salinity,, pH, dissolved oxygen and
during construction, turbildil"ty. In addition,four standardized D-net samples (location.and
technique to be providedley appicant),will be surveyed for amphibian larvae and macro-
invertebrates, The ampbibians will be counted and identilfied to the species,level,
Sightings of any other vertebrates will be noted and reported, The macroinvertebrates
will be counted and identified to the family level. D-net samp1ing shall begin upon snow
melt in the spring and continue as long as,water remains in the pool during the vernal
pool breeding season., Any changes 'in vegetation composition or structure 'in or around
the vernal pool shall be noted and,,reported. A photograpbic record shall be provided
with the reports, Reports shall be submitted to the Conservation Department on a
monthly basis. In July of each year, the applicant shall submit a written report cornparing
the measured water quality and depth of the on,-Site vernal p ls with,that of the
reference vernal pool. The Applicant shall forthwit"n propose corrective measures cis
appropriate to rectify any abnori-nal,changes, in water quality, water levels or species
composition.,This condition.shall survive,the Order of Conditions,but shall be
reconsidered three year after the *issuance of a Certificate of Con-tpliance.
242-142,83 lot 4n-a tumpike st,mein ma condoininiums,Amended 8 NACC
9/18/2012
y I
4f
J
DEP FILE 4 242 1 2 (AMENDED)
41. Th s document a 1, be included in all construction contracts, subcontracts,and
specifications eating with the work proposed and shall apers d any conflicting
contract requirements. The applicant shall assure�that all contractors, subcontractors'. and
other personnel performing the permitfi,ng work are fully aware I f the permits terms and
l t ns. Thereafter the contra held t y �*ablefor any violation of this
Order resulting from failure to comply with its conditions.
42. The Mast r 'Deed,shall contain a restriction rohiDiting the seal coating or paving f
porouspavement surfaces and requiring maintenance f porous pavement surfaces
throughout,the developmetat in accordance with the per and Maintenance Plan
approved herein. A copy of the recorded deed shall be provided to the NACC upon the
f irst sale.
3. The owners of the p.01
ct and their successors .title agree that the Order does not in a
tlf s szlt t� � ti tl �� � e stem
and that said Town shall not be liable for any damage the event of fa.flux . By
acceptance f this Order,tlhe owners agree to indemnify and hold harmless to the
and lts residents for any damage attributable l to alteratilons,undertaken on this ��� rty,
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,g, storm.damage any
then form of water damage.,
PRIOR TO CONSTRUCTION
44. No workshall 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 I a t ent
r Court have been completed.
5.,This Order shall be recorded by the applicant at the Registry of Deeds,immediately att r
the expiration of all appeal periods. No work shall be undertakencant"l the F1*na1 Order
has been recorded in the Registry of Deeds or the Land Court for the distiw t 'in which the
.
land is located, within the chain f title of the affected property. In the case ofrecorded
land, the Final Order shall also be noted in the Registry's Grantor index under the name
f the r of the land upon which the p�olposed work is to be done. in the case of
registered land,the Final Order shall also be Ltd on the Land ICourt Certifficate of Title
f the owner, of the land upon which the proposed workis to be done. The recording
information shall be submitted to the North Andover Conservation mission on the,
form at tli,,e end of this Order prior to commencement of the,work. Any Order not
recOrdedby the applicant before'work commences,may''be reco,rded,by the AC t the
applicant's expense.,
6. A sign shall be displayed at the site not less than two square feet or more 'than th,re
square feet in size blearli the words "Massachusetts E ,File Number 24,2-1 8."'
91 8 1
DEP FILE H 242—1428 (AMENDED)
47. Prior to the commencement ofany work,the applicant shall update and su bmit to the
Conservation Department a PDES Construction Storin Water Pollution Pre.venti'on Plan
(SWPPP) prepared in accordance with EPA Gmdance.,
48. Any changes lire the submitted plans caused by the appli'cant, another Board's deci'sioln,
or resulting from this Order of Conditions must be submitted to the NACC for
10,� 0, 1 1 -flf"cant, the
approval prior to implementation. If the NACC finds said changes to be s"gi 1 1
NACC wilt all for another public hearing (at th xpense of'the applicant). Within 21
days of the close of said public hearing the NACC will slue an,amended or new Order of'
Con.ditions. 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.
49. It is the responsibility of the applicant, owner,and/or succe ,or(s,) to ensure,that all
6
conditions of this Order of"Conditions are complied with. The project engineer and
contractors are to be provided with a copy this Order Condit ins and referenced
documents before commence ment of construction.
50. Prior to any work commencing on site, the applicant shall,submit to the NACC for
approval,a detailed sequence of construction,, inctuding a, dated timetable for the
construction of compensation and retention areas,,installation of sedimentation/erosion
control devices, roadway infrastructure,, phasing associated,with.the development'. the
construction of the associated st army watern management structures,landscaping activities,
11
and required mitigation/restoration areas. This timetable must continue to be updated,
monthly throughout the project.
I
51. Wetland flagging,/staling shall be checked prior to start of construction and shall. be re-
established where missing. All wetland,flagging/staking shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until, a
Certificate of Compliance i's issued so that erosion control m easures,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 con structionis, 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.
52. All eros ion controls used on site shall be weed-free to prevent the spread of invasive plant
material. The erosion control barrier will be properly installed and placed,as,shown on
the plans aPprovedarid. referenced herein and shall be inspected and approved by the,
NACC or its agent pr1oi.7 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�Itrection of the NACC or its agent. The NACC reserves the
ct
ri" impose additional conditions on portions of this pr "e ct to,miti at any impas
ght to ' 01
242-1428�lot 4na tumpike sty merrimac condoinini"Ainis Amended, 10 NACC
9/18/2012
r
P F 1428(AMENDED),
which could result from site erosion, or any noticeable degradation of surface water
arty discharging from the site. For example, installation of erosion control measures
may be required in areas not shown on the plans referenced n this Order of Conditions.
Should such installation be required by the NACC, they easel be nstalled within 48 hours,
of the Cnmissis mist.
51, The,applicant shall on hand at tree start of any soil disturbance,re oval or
stockpiling, a minimum of 150,feet of silt fence, nd are adequate supply of emergency
erosion cr tr l cl , n, crushed store,silt sacks,flock backs,jute matting r any.
otter erosion controls the applicant proposes,to use as part the Erosion and
Sedimentation Control Plan. Said supplies stall be used ordy,for the control of
emergency erosion problems and s,hallriot be used for,the normal control of erosion. Hay
males brought ught .-sit shall be certified weed fees or salt marsh hay bales.
54. A check payable to, the Town of Norte Andover share be provided it the snit of
$83,0100 prior to the start ofconstruction for Passes , and . Prior to the start of'
constructionon,Ferries 3 and 4 are additional checkstale be submitted,for$30,000. The
initial$83,0001 is broken rs down,,into the following categories: " r ►us Asphalt Roadway
fr str t r - $50,000, Infiltration Units -$7,500 (178 units), Buildings - 5, 5
units),Wetland Replication-zP4,000 (1,272 si.), Buffer Zone Mitigation$6,500 (4, 7 . .
the,subsea e: t$30,000 f+ r Phases 3 and 4 is fors 'I din -$30, units), i'ch,shirr
be in all respects at sfact ry to Town Coons r,'Town Treasurer, n the NACC, and Starr
e posted with the North Andover Town'treasurer that the NACC before
conu-nencement of worn. Said deposit 'mone 'shall be conditioned on the completion
of all conditions ,Smarr be signed by a party or parts satisfactory t ►tree ACC,
anct i own Counsel, and shall,be released. after completion ofthe project,,provided that
provisions,,satisfactory to the N CC, have been made for performance of any conditions
tit are of continuing nature. The applicant may propose a mom tart'release schedule
keyed to completion of specitic portions of the project for the 'NACC's review and
approval,. This condition s issued under the authority of the local ByLaw.
55.The applicant Smarr designate a Wetland Scientist or otter vlr r ntal r l*, r al as
approved y the ACC or its agent, as an"Erosion Control Monitor" to oversee any
er r envy laicemer t of'controls and regular inspection or replacement dr rt ti :
control devices (Credentials said Erosion Control Monitor share be submitted in writing
for review .nct suDsegrrer t approval by the NA CC). The name and phone number the
erosion, ntr wr ra r it y must �r i �t the � art that s person has
t e contacted, dire to an emergency at the site, during any 2 -ra rer period,including
weekends. The Environmental Professional Will immediately notify the Conservation
agent of iar y matter that requires attention by the Commission.or the agent. The erosion
control monitor will he required to inspect all erosion control devices and, oversee
cleaning and, the,proper disposal of waste products. Cleaning shall include removal of
any entrapped silt.
242-1428,lot 4,n-a turnpike in rrimac condonliniums Amended NACC
9/18/2012
DEP HLE4 242-1428 (AMENDE 0)
56. At least once during each week which construction act ivities occurs 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 cert tying that, to the best of
his/ner 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�. In addition, tie report shall �.il what work has been.donie in or near
resource areas,and what work is anti c ipated to be done,over the next period. The erosion,,,
control monitor must visually 'inspect all,sefflmentation/erosion control measures and
assume,responsibility for flieir maintenance on a weekly basis and,that they are
functioning as intended. In addition, all wetland resource areas must be visually
inspected,for siltation, turbidity, and/or other water qualityimpacts. The Erosion
Control Monitor sha l'I be on site during and./o r fol lowing 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.
57. Prior to construction (or when suitable locations can'be confirmed with the Conservation
Department),, t1ie applicant shall permanently mark the edge of the, approved, "No-
Disturb,Areas" identified on the approved plans,with signs or markers spaced everdy
every 25 feet incorporating the following text: "Pr t act etland Resource Area" and
,associated rules, (1 square is ign to every 3 circular signs'). Thi's will designate the ir
sensitivity and assure no further 'Inadvertent encroaclmient into the wetland. These
permanent markers are subject to review and approval by the,NACC. The appl i cant 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 n perpe+ tuity.
58. Prior to the start of unit construction, a Registered,Land Surveyor (R.L.S.) shall stake the
foundation locations within the 100-foot buffer zone. These measurements will be
verif 1'ed.in the f feld by -the,Conservation Department.
59.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 for to transferring, or
assigning any portion of said and to another party,such as a Management Company,
Condominium/Homeowner's Association or in.cuvidual,subject to said Orders of
Conditions, the"Compliance Certification Form"" Affidavit (attached h erein) signed,
tinder the pains and penalties of perjury, stating that said applicant has read these Orders
I . . 41
of Conditions,anct is in compliance with each and every condition,. If portions,of said land
1 0
are transferred, to different parties,suich as individual unit owners,, each party is subject to,
tiI',i k lf��
s ondition. This, document shall apply to each of the conditions referen herein and
shall be provided to the Conservation Department at least five (5) business days,prior,to
the closing of'said land transaction.
60. Once these above mentioned pre-construction requirements are,complete,, he applicant
shall contact the Conservation Office prior to site preparation or construction and shall
41
arrang e an on-site conference with an NACC representative,coritractor,en!gineer,
242-1,428,lot 4n-a turnpike st,merrimae condonmikinis Amended 12 NACC
9/18120,12
DEP FILE#242 1428 (AMEMM D),
wetland scientist and the applicant to ensure that all ofthe Conditions of thi's Order are
understood. This Order shall lie included in all construction contracts,, subcontracts,and
specitications dealing with the work roposed and shall supersede any conflicting
p
contract,requirements. The applicant shall assure that all contractors,, subcontractors and
other personnel performing the permitted work are fully are of the permit's terms and
conditions. Thereafter, the contractor will be held Jointly liable for any vioiation of tbis
Order of Conditions resulting from failure to comply with, its conditions. The applicant or
contractor shall notlf the NACC 'in writing of the identity of he on-site construction
Y
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 (erg.
72 hours).
IMMUNE
S TORMWATER MANAGEMENT CONDITIONS,
NEW
ZTOIR ........ .........
61. All, construction and post-construction stogy mwater Management systems shall be
constructed in accordance with. the approved construction sequence,, supplorting
documents and plans, (Sheet 20 and 20A-D) submitted with the Notice, of Intent this,
Order of Con clitions,, and the approved, Stormwater Pollution, Prevention and Operation
and Maintenance Report referenced herein.
62. Permanent and temporary stormwater structures shall be constructed and functioning as
part of the initial pr 'ect phase as detailed in the Erosion Control &Storm Water Pollution
01
Prevention Plan (Sheets 20 and 20A-D), immediately following clearing and rough
grading of the site, to serve as siltation control during construction. Runoff from the site
shall.be directed towards these basins. Stormwaterl structures "in the initlial phases shall,be
cleaned and maintained as future phases are initiated.
63. All stormwate,r blest management practices shall be maintained, as specified in the Long-
Term. Pollution Prevention and Operations & Mai an Report submitted with the
Notice of Intent and incorporated in the Order olf Conditions. The approved, Operation &
Maintenance Report 'is fully binding upon the applicant and/or owners, successors,,
agents,, associations,heirs,and assigns and must be adhered o,in perpetuity.
64. Evidence of maintenance of the stormwtiter management system shall be provided. to the
NACC on an annual basis by a Registered Professional Civil Engi neer certifying 'that the
drainage system is working as designed and shall include any maintenance invoices for
cleaning and repairs. The, first report shall be submitted to, the NACC as soon as the first
stormwater structure goes on-line and reports must continue to be submitted in
perpetuity. Comp 'ante with t'he designed storrnwater management system and,
1 1 issuance of a,
associated stormwater management conditions shall be sat*,s,f'ed prior to the
Certificate of Compliance,.
65. Ternporary and/or permanent basins and swales being usect i or sea imentation
dewatering during construction shall,be cleaned of sediment when levels exceed six (6)
2424428,lot 4na turnplike st,merrinlac condominiums Aniended, 13, NACC
9/18/,20,12
DEP FILE #242-1428 (AMENDED)
inches* The basins shall be cleaned,of sediment and the infiltration capacity fully restored
prior to final,grading and construction of perm anent stormwater structures.
66. Porous pavement is proposed throughout the site and shall be tested post-construction to,
ensure that construction activities,have not damaged its functionality, A testing protocol
shall be submitted to the Conservati"on Department for approval prior to the start,of
construction. The protocol shall be designed in,accordance with the UNH Stormwater
Center's October 2009 "UNHSC Design Specificat'Ions,for PorousAsphalt Pave nt and,
Infiltrat ion, "Beds"
67. There shall be,no increase in to post development discharges from the storm.drainage
system or any other chang�es in post development condit'ions that alter the post
1
1 1 -
development watershed,boundaries as currently depi cted,in t'he,Notice of Intent and
approved by this,Order of Conditions,
68. Water quality down gradient of BVW shall,not differ signifficantly following completion
of the,proilect from the pre-development conditions. There shall be noseldimentation into
wetlands or water bodies,from discharge pipes or surface run off'le,avl*n,g the site.
69. Prior to the issuance of the Certificate of Compliance,the applicant shall be,responsible
for cl I ean'n g all.stormwat'er st-ructuresin accordance with the approved Operation&
Mai ntenanceReport attached herein and the associated storniwater management
conditions mandated herein.
70. The applicants, owners, and their successors and assignees,shall maintain all culverts,,
catch basins, outlet structures, subsurface infiltration/storage areas,and other elements of
the drainage system including porous,asphalt roadways and driveways,unless putinto,
an easement to the Town of North Andoverin order to avoid blockages and siltation
which might cause failure of flute system and/or detrimental,impacts,to on,-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site,.
Maintenance shall,be don in accordance with the approved Operation& Maintenance
Be et attached and referenced,herein.
[:D:U:RING CONSTRUCTION
71. Construction sequencing shall be followed throughout all has of construction as
detailed in,the Phasing and Erosion Control, Plan (Sheet 20 and 20A-D) and In the
Operation and Maintenance Report, thereby minimizing any unnecessary impacts to the
wetland resource areas.
72. Accepted. engineering and construction standards and procedures shall be followed in the
coinpletion of the project.,
242-1.428,lot 4n-a U11-11pike st3 inernmac con(lominitims Amended 14 NACC
9/18/2 0,12
w
P FILE 4 242 1,428 (AMENDE D)
73. The Contractor will tees all steps necessary ,control dust onsite so that adverse effects on
adjacent resource areas and r habitat (including vernal pool habitat), not occur. Dust
Conti-of shall e linstituted in accordance with the approved S PPP required ' Condition
# 7 above.
7 , Inmiedilately upon completion h Pease 1.roadway, and prior to further construction
activities associated with the site, the applicant shall complete a plan prepared a
Registered Professional Land Surveyor of theCommonwealth R.P. .S which accurately
depicts the roadway location and i "s proximity to wetland resource ar as approved
under this Order of Condition& Said plan shall be submitted he Conservation
Administrator:for approval,.
5. Iminediately upon completion of each dwelling ndat n and prior to further
1
construction activities associated h the site, the, applicant all complete a plan
prepared by a Registered r s 1 na1 Land Surveyor the C on .P.L.S.
which accurately depicts h nda location aid ' proximity's wetland resource
areas as approved under this Order ofConditions., Said plan shallbe submitted to the
Conservation Administrator for approval
76. Confirmatory test pits will be conducted at the locations,of proposed roof infiltration
,systems S2,S9 and S24 (Phase 1),S29 and SM (Phase 2)1,S48 and S5/6 (Phase 3), and S16
and S26, (Phase 4),as well as at least flees locations not previously tested within the
footprint Con-tpass Point prior he installation in,,in,f iltration structures (porous
pavement and Culteci i ��� i � i or verify depth , groundwater and soil
type s i :bi i ty for infiltrationAfthese conditions are not consistent with design
assumptions the applicant mustsubmit revised plans,for t1ie,installation of these
infiltration,sty uc tures to the NACC pr ior to theInstallation,of the infiltrat ion units.
7. Porous pavementshall be c ru e n accordance with.theUNH Stormwater Center's
October 2009 "'UNHSC Design Specif icationsfor Porous Asphalt Pavement and
I i,filtr on Beds" including all materials testing requi,re nts ref,er ed therei n.
Materials used in the roadway sub-base should lie veri fed by an independent laboratory.
/m
78. During he installation and construction infl"Itration structures (porous asphalt and
C � 1 ki w s � s � Vim' Engineer shallconduct periodic inspections
as n cessaryto certify that base materials,, installation depth, invert ,verb ns amount f
cover,, aspl alt layer and all other,details proposed for installation of C 1 ec 280 dry wells
and porous asphalt are consistent with design plans and specifications. ri he certification
shall be,in the form of a stain as-built plan and letter certifying comphancerior tothe
issuance of a Certificate of Compl iance.,
9. Crushed stone construction entrances shall be designated each access location.as shown
e approved plans referenced herein tominimize soil/material tracking n the
roadways and paved surfaces. hese entrances shall be rely rced and.cleane
necessary th g the duration of construction.
2 2-1428,lot 4n.-a turnpike s,iiierriina.leco.ndomi,iiiiiins Amended 1.5 N CC
/1 1
DEP rJ ILE#242-1.428 (AMENDED,)
80., To the maximum extent possible, construction traffic shall remain on designated
constructio n access roadways deta on Sheets 20 and 20A-D of the approved plans,
referenced herein., Ifadditional construction access ways re requ ired they shall be
located to maximize the distance from wetland resource areas, and avoid compacting soils,
in locations designated for i"i-ifiltration units, Changes in construction access shall be
presented to the Conservation Departnient prior to implementation.
81. Erosion control devices shall be inspected regularly-� any entrapped slit,shall be removed
f
to an area outsicle of the buffer zone and wetland resource areas' erosion controls shall be
re placed as necessary. The areas of constructionshall remain i n stable condition at-the
'close of each is truc till onday'. All erosion controls shall be in place throughout the,
duration of any construction on site or uffless, authorized by the Conservation personnel,.
82,. The NACC finds that physical.barders,are necessary in severa.i.,locations to prevent future
4
inadvertent encroachment into the wetland resource areas. 'rherefore, the insta' I'lation of
post and rail fencing as depicted on the herein,referenced an is required prior to,unit
occupation.
83. All existing and proposed catch basins and oil traps on the site or on the streets adjacent
to,-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 and/or Conservation Department has,formally approved their
removal.
84. The sewer lines on tne site,where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
85. Approved de-watering activities shall,be supervised and witnessed by the designated
I I
erosion,control monitor. This designee must oe on-site at all times while,dewateri*',ng is
occurring. De-wat ring activities shall be conducted as shown,on theapproved ,plans, and
shall be monitored daily by the erosion,control monitor to ensure that sediment laden.
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge water , allowed directly i nto an area subject to Jurisdiction of the Wetlands
Protection Act, If emergency de-watering requirements arilse,,the applicant shall submit a
contingency plan to the NACC or its administrator for approval,which,providesfor the
pum,ped water to be, contained in a settling basin, to reduce turbidity pri'or to discharge
into a resource area.
86. Associated pavement and roadways,shall be maintained. as detalled in the Operation&
Maintenance Report or as d1h'-ected by the Erosion Control monitor, the Site Supervisor,
Project Manager, or Conservation staff for as long as the,site remains exposed, and un-
stabilized.
242-1428,lot 4n-aturnpike st,meniunn condominiums Amended 16 NACC
9/18/20,12
YI
DEP FILE#242, 14,28 (AMENDED)
87'. After land development construction 'is,complete,,,the contractor shall test the efficacy of
the porous asphalt by implementing the testing protocol required by Condition#66, and
make any repairs necessary, to ensure the porous pavement "is fully functional.,
88. Any fill used in connection with this project shall be clean f'111, containing no trash riefuse,
rubbish or debris,including but not limited to lumber bricks,plaster,wire,lath, paper,
cardboard,pipe, fires, ashes,, refrigerators, motor vehicles or parts on any of the
foregoing.
89'. All exposed soil finish grade surfaces shall,be immediately landscaped and sty,b"I'zed, or
loamed, seeded.and i-nulched, with a layer of mulch hay. All, disturbed areas must be,
graded,foamed and seeded prior to November1st of each year. Outside of the growing
season exposed soil finish grade surfaces shall be stabilized with Jute,matting or by other
means, approved by the NACC until climate conditions allow for seeding. During
construction, any area of exposed soils that will be left idle for more,than 30 days shallbe
stabilized with.a layer of mulch hay, or other means approved by the NACC
90. No re-grading either temporary or permanent in the buffer zone shall have a slope
steeper than 2,,J (horizontal-,,vertical). Slopes of steeper grade shall be rip-rapped to
provide permartent stabilization.
91. Construction equipment/vehicles shall not be staged overnight within,100 feet of a
wietland resource area,.
92. There,shall .o stockpiling of soil or other materials within fifty (50) feet of any resource
area.Soils or other materials shall be stockpiled in locations approved by this . t t
'thin.the designated areas,as,shown on the approved plans,referenced herein. Any
or wi 1.
approved temporary stockpile areas shall be adequately surrounded by er sion controls
to prevent,MI'gration of soils, off-site,
91 Washing of concrete trucks and other construct ionvehicles shall be done in designated
areas as approved by the Conservation Department. A detail of the proposed location and
design of the truck washing area, shall be submitted to the Conservation Department prior
to the start of construction.
94., All waste generated by,or associated with,,fl-te,construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
bu,rying of spent construction materials, or disposal of waste on the site,by any the
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-slite. However,no trash
dam stern will be allowed within 50" of areas subject,to,protection under theAct or local
ByLaw. Portable toilets shall also be located more, than 50' ,from weitla,nd resource areas,.
9,51. 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 tees a spill or discharge of any
2424428,lot -a turnpike s,t,merrimac condorn'Inlunis A.mended 17 NACC
9/18/2012
DE E 1428 (AMENDED)
pollutant during any phase of construction the NACC shall be notif ied by the applicant,
w'the I in one (1) business day. No construction vehicles are to be stored within 100 feet of
0,
well and resource areas,and no vehicle refueling, equipment lubrication or maintenance
to'be done wfthin 100 feet of a resource area.
..............
FAFTER CO,NSTRUCITION
soma
96., No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet ofany wetland resource area. This condition shall survive this,Order of Conditions
n 4
and shall run with the title of op
the property. Th i's codition I's 'issued under the authority
of the TowlYs Wetland'P rot ection, Bylaw.
97. Prior to th,e issuance of'a Certificate of Complia nce, the applicant must,subi-nit proof of
contract to the Conservation Departmentin the form of a written and,signed document
from the ass ignee(s) responsible for conducting the per etual site mainte nance in
p
accordance with the Operation&Maintenance Report and perpetual conditions
mandated lin this Order. In addition to this contract, the applicant shall submit an
Aff idavit friom the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stoirmwater management systemsin accordance with the approved
Operation& Maintenance Plan and other perpetual conditions mandated influs Order.
The Conservation Department shall be notified in writing of changes to the pers,on(s,)
responsible for the,long-term Operation,and Maintenal-Lce Report.
98. No road salt,sod ium chloride, or other de-icing chemicals sbal l be used on paved
surfaces,and any arrangement for snow reniova.1 sball,so stipulate due to the importance
of the site and wetlands. In addition, permanent s:igns; designating""No-Salt Zone," and
"'No-Snow Stockpiling Zones" shall be displayed in prominent locations along the No-
Disturbance Zone as approved by, the Conservation Departil-lent. Designated snow
stockpile areas and.proper plowing of porous asphalt areas shall be utilized per the
approved ,plans and documents,�referenced hereiffi.
99. Fertilizers utilized for landscaping and hawn carle shall.be,slow release,low-nitrogen types
(< 5%),and shall not be used within 25 feet of a riesource 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 Protecfion ByLaw and shall remain in
perpetuity,,
100. There shall,be,no dumping of leaves,, grass chpp brush, or other debris 'Into a,
ings
wetland resource area or within 25,feet of a wetland.resource area.. This condition,
shall Yemain in perpetuity'.
Upon completion of construction and grading,all disturbed areas located outside
resource areas shall, be,stabilized permanently against erosi"on,. This all be done by
242-1428,�lot -a turnpike st,niernmac condominiums Amended 18 NA,CC
9/18/2042
DEP E#2421428 (AMENDED)
loaming and seeding according to NRCS standards., Stabilization,will be considered
complete once fill vegetative cover has been,achieved.
102. Upon approved site stabinzation by Conservation staff, the erosion controls hall be
removed and properly disposed f and,all exposed unvegetated areas shall be seeded.
. U on completion pled f the ct the applicant t shall submit the following owin t the
Conservation Cornmis,sion as part of a request for a Certificate of Compliance:
a. WPA r A - ""Request for a Certificate f Compp1 nee.
1 . A letter from the applicants requesting Certificate of Compl"l nce,
c. The name and address of the current landowner.
d. Signed,statements from the individual property ners shall be,submitted with
the request for a Certif icate of Compliance indic ,tl that they read and,
understood the recorded Order of Conditions prior to purchasing their property.
e., The name and address of the inc-iividual/trust or corporation to whom the
compliance is to be granted.
. The street ddree and assessor's map � cell, �..� 1 � r the � ect.
. The D P file number.
b. A written statement from a Registered Professional Civil Engineer of the
Commonwealth certifying that the work has been conducted as,shown on.the
tan(s) and documents referenced ati e, and as conditioned by the C fission
and that the raina e systems bav n installed and are,functioning accorcting t
the approved plan..
.. Allinspection reports required during construction.have been submitted.
Maintenance co ,tracts n place.
1 . An"As-Built" plan preparedand signed and stamped by a Registered Prof , i a1.
Civil Engineer d/or Registered Professional Land Surveyor) the
Commonwealth,,for the public record his plan will include
"As-B , lt" post-development elevations of all drainage &stormwater
management structures, including invert elevations,constructed.within 100
feet of any wetland resource area.. NOTE: If portions of the stormwater
systems exist partially within the Buffer Zone than the entilre structure must
e depicted to accurately verify y compliance.
Post construction topography includ ing all elevations, d grades of all,filled
r altered,wetland resource areas including the encompassing buffer,zone.
Distancesfrom structures to wetland resource areas. Structures include (lout.
are 1*
of limited. ncii n units,se tic systems, additions,fences,s1 ed �,
stone walls, pools, retaining walls, subsurface,utilities and. decks.
. line h n I the limit 01" r and the extent of existing erosion con,trol
devices. "Work" includes disturbance of soils or-vegetation.
f
2,424428, lot 4.ii-a turnpike ,inerri i,a (Iom�in'lt ms,Anwnded 19 N C
l 1
DEP FILE,#242— 1,428(AMENDED)
Location of all subsurface utilities entering the property.
Deviations from the approved plan shalt be noted and explanation for the
deviation,provided.
104. The following speci,ai conditions shall survive the 'issuance of a Certif icate of
0
Compliance (COC)for this project:
A No- isturbanc�e Zone shall be established from t1le edge of adjacent
wetland resource areas, as approved under DEP# 242-1428. Future work
within 100" of existing wetland resource are will require a separate filing
with the NACC. The Conservation Administratorand/or other agents of
the N'ACC do not have the authority towive the setbacks as established
under this Order-,
Maintenance of porous paven-tent(Condition#42)
Resource Area Markers (Condition#57).
Vernal"Pool Monitoring,(Condition
Maintenance of porous pavement and all culverts,, collections basins, traps,
outlet structures, subsurface, storage, areas,, and other elements of the
drainage system,, urdess, put into an easement to the on of North
Andover, in order to avoid blockages and siltatloo, which might cause
failure of' the system and/or detrimental impacts to on-site or off-side
resource areas (Condition#70);
Discharge or spillage of pollutants (Condition# 95)1,-
Prohibition ofunderground fuels (Condition#96);
Limitations on 'the use of fertilizers, herbicides, road salts, de-icing
cornpounds and pesticides (Conditions#98 & #99);
1 4'.0
)> Prohil DItIon. of dumping of leaves, grass clippings, 'brush, or, other debri's
(Condition#100);
)> The approved avid attached "Operation and Maintenance Report" shall be
adhered to. No additional. filings will be required to, conduct maintenance
of the above referenced system and plan (Condition#63),
242-14282 lot 4n-a turnpikie s,t,meffifnaC condominiurns Amended 20 NAcc
9/18/2012
DEPHLE #242 1,428 (AMENDED)
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant,and/or current owner)
(PLEASE CHECK AT LEAST ONE'BLOCIO,
1., 1,a-i'n the of
p o sit Ii o n with applicant) (applIcant name or company name)
the applicant upo n whom Order of Conditions
havebeen placed upon by (DEP orNACC nionber)
the North Andover Conservation Cwllmisslon.
&/or
2. 1 am the of
(position with owner) (o�wner name)
the owner upon whose land Order of Conditions
have,been placed u by (DE um er
P or NACC nb )
P
the North Andover Conservation Commission,
&
3. 1 hereby aff irm.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 Mi spected 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.it Order of Conditions, I are presently 111 compliance,
(DEP File#)
5. 1 hereb
y affirm and acknowledge that this document will,be relied upon by the
North Andover Conservation Commission asxvell as any potential buyers of
said.property Nvb ich is subject to said Order of Conditions
al
(DEP File fl
Signed tinder the pains and penalties of perjury this day of
(Signature-authorized agent of applicant or owner)
242-1428)lot 411-a ttimpike st,merrimac can,doi-ni'tihmis Aineiided. 21 NACC
9/18/2012