HomeMy WebLinkAbout- Permits #242-1782 - 800 MASSACHUSETTS AVENUE 6/15/2020 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 . Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
A. General Information
Please note: North Andover
this form has 1.From: dons'er v a tion Commission
- ' , , .... ...................................... .. ....... ..
been modified
with added 2, This issuance is for
space 10 a. Order of Conditions b. Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements
James Worden
a.First Name b.Last Name
Important:
When filling L_'tghtSpeed Energy out forms on c,Organization
the 84 Academy Road
computer, —
use only the d.Mailing Address
tab key to North Andover MA 01845
move your e.City[Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
VQ a.First Name b.Last Name
North Andover Historical.Society-
. ..............
c,Organization
153-Aqad-e'Ty'R"Dad
d.Mailing Address
North Andover MA 01845
a.City/Town- I-.11 State I I 9 Z 11 1.pC I o I d 11 e
5. Project Location:
800 Massachusets Avenue North Andover
a.Street Address -6.CityfTawn
Map 96 Lot 40
c,Assessors MaplPlat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d68m481 Os -71 d 11 m3580s
d.Latitude e,Longitude
wpaformS,doc•rev 51180020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transac;I t I io I n—#..........
North Andover
City/Town
A. General Information (cont.)
& Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern 'ssex(N1ERD ___ ........
a.County b.Certificate Number(if registered land)
565 33
.............. ............................
c,Book d.Page
7, Dates: Feb 2020 April 22, 2020 June 15, 2020,
a.Date Notice of intentFiled 6.date Public Hearing Closed c.Date of issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references
as needed):
800 Massachusetts Avenue Plot Plan of Land
a.Plan,Title
Sullivan Entineering Group, LLC John Sullivan
b.Prepared By c.Signed and Stamped'by
April 22, 2020
d.Final Revision Date e.Scale
**See attached list of all-approved pla"ns/docu.m.ents...........
f. ':M.i t to n a i Pi an or Document Title g.Date
B. Findings
i. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas,in which work is proposed; is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a. 0 Public Water Supply b. [J Land Containing Shellfish c' M Prevention of
Pollution
d. 0 Private Water Supply e. Fisheries f. 0 Protection of
Wildlife Habitat
g, 0 Groundwater Supply h, Storm Damage Prevention i. [A Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
a. N the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations, This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above,the following
General Conditions, and any other special conditions attached to this Order.To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent,these conditions shall control.
wpaform5.doe-rev 5118M20 Page 2 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ................ .
..........ebEP Transaction#
North Andover
Cityff own
Q. Findings (cont)
Denied because:
b. El 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 the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. El the information submitted by the applicant is not sufficient to describe the site,the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore,work on:this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).
3. 0 Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 1 0.02(1)(a) plaMirig_
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. [] Bank a.linear feet b.linear feet c.linear feet d.linear feet
5, ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.Square feet
& Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.Ciy
dredged f,c/y dredged
7. 0 Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
a.cubic feet f.cubic feet g.cubic feet h.cubic feet
a. El Isolated Land _ -
Subject to Flooding a Square feet b.square feet
Cubic Feet Flood Storage c.cubic I I I feet-.. d.11 cubic I I feet e�cubic.. . feet.. f I cubic I I feet
9. El Riverfront Area
q fAtA1 Qn rapt b.total sq.feet
Sq ft within 100 ft .........
n ensiorn font d.square feet Pot f.Square feet
Sq ft between 100- ......................
200 ft
Qnlmro G-0 h.square feet fopt I.square feet
wpaform5.doc•rev 5118M20 Page 3 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
now Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 - Order of Conditions Mass�bEp File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L V b-
i e EP Transaction#
North Andover
cityrrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1 o. El Designated Port Indicate size under Land Under,the Ocean, below
Areas
11. n Land Under the
Ocean a.square feet b.square feet
c.cly dredged d,c/y dredged
12, El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. E] Coastal Beaches cum u yd
a.square feet b.square feet c.nourishment d.nourishment
cu y cu YO
14. El Coastal Dunes ...........................
a,square feet b.square feet c.nourishment d.nourishment
I'll,--....................
15. El Coastal Banks a,linear feet b.linear feet
16. F_] Rocky Intertidal,
Shores a.square feet b,square feet
17. [1 Salt Marshes
a,square feet b.square feet c.square feet d.square feet
18. F11 Land Under Salt
Ponds a.square feet b.square feet
c.-c/y dredged &cly dredged
ig, F1 Land Containing
Shellfish a_
square feet b.square feet c.square feet d.square feet
2o. F-1 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a-, -/y dredged "&.-cly dredged
-
21, [:1 Land Subject to
Coastal, Storm a.square feet b,square feet
Flowage
22. 171 Riverfront Area
b.total sq.feet
Sq ft within 100 ft .
f.square feet
cfui'-- d,square feet
ara P Qnl inriz foot
Sq ft between 100-
200 ft h.square feet j.square feet
wpafonn5.doc rev 5/1&2020 Page 4 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions MassD E P File#
)'V Massachusetts Wetlands Protection Act M.C.L. c. 131, §40 eDEP Tran-s-ac,-I..I.o..n..4
North Andover
-671hy—ffown"
B. Findings (cont.)
pro#2 ec1 t If the 23. El Restoration/Enhancement
j is for
the purpose of
restoring or
enhancing a a.square feet of BVIN b.square feet of salt marsh
wetland
resource,area 24. E:1 Stream Crossing(s):
in addition to
the,square
footage that a.number of new stream crossings b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(13VIN)or The following conditions are only applicable to Approved projects.
BATc(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here, 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 perm,ittee 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.
c. If the work is for a Test Project,this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CIVIR 10.05(l 1)(0.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
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.
wpaform5.doc•rev 511 BM20 Page 5 of 13
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Massachusetts Department of Environmental Protection Provided by MasslDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 6 - Order of Conditions M assDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tran 1 9 1 a otio.n#
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all: administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which,the land is located,within
the chain of title of the affected property. In the case of recorded land,the Final,Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land,the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order,which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"tor, "MassDEP"I
"File Number 242-1782
11. 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 MassDEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this,
Order at reasonable hours to evaluate compliance with 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.
wpafGrm5.doc-rev 5/1&2020 Page 6 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions rwiassaEP File N
l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDE 11 P Transaction
-#...............
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be,
marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
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.
19. The work associated with this Order(the "Project')
(1) El is subject to the Massachusetts Stormwater Standards
(2) 0 is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the 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 Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stonnwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
L all construction period: BMPs have been removed orwill be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment,the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized',
ifi. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -eDEP Transactio-nJ
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv, all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance,the responsible
party (defined in General Condition 18(e))shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement('O&M Statement)for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ('O&M Plan') and certifying the following:
I,)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 Pollution 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 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(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.
Q 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.
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NOW, Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c, 131, §40
eD--EP Transaction
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ('Commission") upon request: and
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 the stormwater management system as defined in 310 CMR 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 defined in the MassDEP Stormwater 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 (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(1 1),the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment,the applicant shall, implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc rev 511"20 Page 0 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WP Order of Co'nditions MassDEP File#
A Form 5
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 aDEP Trans-action-#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. Is a municipal wetlands bylaw or ordinance applicable? M Yes [:] No
2. The, North Andover hereby finds(check one that applies):
Conservation Commission
--
a, El that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.municipal ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw.
North Andover Wetlands Protection Bylaw& IRZegulation-s Ch. 190 et.
.. ...........y
Municipal Ordinance or Bylaw se
I 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 (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings& Special,Conditions see attached)
wpaform5.doc rev 51180020 Page 10 of 13
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-911111111110r. Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1712
1W WPA Form 5 - Order of Conditions MassDEP File
�A J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e I DEP Transac I lion#
North Andover
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special June 15, 2020
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission. of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
"Signed by Amy R. Maxner, Conservation Administrator, as authorized by the North
Andover Con ation Commissioin-see KERD. Book: 16327 Page.�221
my R. Maxner, Conservation
Si not r Administrator
Signature Printed Name
Louis
Signature... ....... Printed Name
Albert Manzi, Jr.
Signature Printed Name
Joseph Lynch
Signature Printed Name
John Mahon
_Signature Printed Name
Deborah Feltovic
Signature
Printed Name
Sean, McDonough
'Sig-nature Printed Name
Cl by hand delivery on by certified mail, return receipt
requested, on
June 15, 2020
Date Date
wpaform5A00•rev 5/18/2020 Page 11 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions iwoassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e-DE-P Transaction#
North Andover
City/Town
F. Appeals
The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department,with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7)within ten business days from
the date of issuance of this Order.A copy of the request shall at the same time be sent by
certified mail or hand:delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation,Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order,
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations(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.
wpaform5.doc rev 511812020: Page 12 of 13
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Massachusetts Department of Environmental Protection Provided by Mass!)EP:
Bureau of Resource Protection -Wetlands 242-1782
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
North Andover
Cityrrown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in:which the land is located, within the chain of title of
the affected property. In,the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land,this Order shall also be noted on the,Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on doffed line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
--------------------------------------------------------------- -----------------------------------
To:
North Andover
-1-..............- 1 11-1111-1--
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
800 Massachusetts Avenue 242-1782
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Norther Essex(N.E.R.D.) .
County Book Page
for: North Andover Historical Society_
Property Owner
and has been noted in the chain of title of the affected property in:
565 33
Book Page
In accordance with the Order of Conditions issued on:
June-1.5, 2020
Date
If recorded land,the instrument number identifying this transaction is:
.......... ........
Instrument Number
If registered land, the document number identifying this transaction is:
boCu ment.Number
Signature of Applicant
wpaforin5.doc-rev 5/1812020 Page 13 of 13
DEP FILE#242 - 1782
Findings of Fact
Current Project Site Conditions: The project site currently consists of a former textile
museum building constructed in 1962, an associated paved parking lot and access drives,
wetland and wooded areas. A majority of the existing building is located within the'100-
Foot Buffer Zone, with the northerly building corners located partially within the 25-Foot No
Disturb Zone and 50-Foot No Build Zone.
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/approved plans 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.
:E RAL CONDITIONS
20.The proposed work includes: construction of a 550 s.f. pervious paver patio and
associated landscaping beds, parking lot expansion and associated landscape
retaining wall (<4'), walkway and platform landing, replacement of 6" building drain,
removal of two trees, and installation of up to six geothermal wells and associated
temporary settling basins and sealed receiving dumpsters, and trenching for conduit
connections. Work related to the geothermal wells (wells, conduits, settling basins
and dumpsters) is located outside, the 100-Foot Buffer Zone. As mitigation for
incursion of the paver patio into the 50-Foot No Build Zone, 720 s.f. of native
mitigation plantings adjacent to the wetland, a 2' high fieldstone wall and wetland
markers at the limit of the 25-Foot No Disturb Zone, and limited snowing regime are
proposed. After due consideration, the NACC voted unanimously to grant a waiver
from the 50-Foot No Build Zone performance standard to allow for the construction of
the proposed pervious patio contingent upon successful execution of mitigation
features and compliance with conditions contained herein.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: fames Worden
LightSpeed Energy
84 Academy Road
North Andover, MA 01845
Property Owner: North Andover Historical Society
153 Academy Road
North Andover, MA 0�1845
DEP FILE, #242 - 1782
Representative: Sullivan Engineering Group, LLC
Site Plans & Documents:
* "800 Massachusetts Avenue Plot Plan of Land"
Prepared by Sullivan Engineering Group,LLC
Signed and stamped by John Sullivan,PE
Scale 1"=2(Y
Final revision dated April 22, 2010
* Ground Source Geothermal Heating Well Details-'plot plans therein are
not applicable**
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. 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.
24. 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.
25. 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.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act(310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
I I w,H:', Ou" t)i P V i c 212 /X NA(V hndin a Sp JM( ondlV oils
2 0 L)
DI{P FILE # 242- 1782
27. This Order does not relieve the pern'tittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
28. The work authorized hereunder shall be completed within three years from the date
of this order.
29. 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 t"r
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the Nortli
Andover Wetland Regulations).
30. 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.
31. 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.
32. [LIMITED PROJECT:] Any future project which proposes a wetland crossing in order
to access certain portions of the property will not be qualified as a limited project
roadway under 310 CMR 10.53(e).
33. The following wetland resource areas are affected by the proposed work: 100-Foot
Buffer Zone associated with Bordering Vegetated Wetland. These resource areas are
significant to the interests of the Act and Town Bylaw as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
34. The NACC agrees with the applicanrs delineation of the wetland resource areas
located on site by way of direct observation made by Conservation Department staff
which include Bordering Vegetated Wetland (BVW), associated 100-Foot Buffer Zone.
35. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25'),No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established
froin the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of
the local Regulations).
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
ho':i,III I'Ah NW(
DEP FILE # 242 - 1782
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,
storm damage or any other form of water damage. Maintenance of the drainage
system, if accepted by the Town as part of a public way, becomes the responsibility of
the Town.
38. 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.
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, in its entirely, 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 check payable to the Town of North Andover shall be provided in the amount of
three thousand dollars ($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
check shall be accompanied by a copy of the recorded Order of Conditions and a W9
NT ddk� �242 i iXJ `,';WC Hitd'sw
DEP FILE # 242- 1782
Form as filled out by the party posting this bond. 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.
42. A sign, visible from the street, shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words "Massachusetts DEP,
File Number 242-1782."
43. Prior to any work/construction, the applicant shall verify and report to the
Conservation Department to what and where the 6" building drain connects -
stormwater or sewer system. The Department of Public Works shall be informed of
the results of the investigation for their review and comment, if any.
44. Wetland flagging in the field 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. Such barriers shall be checked and
replaced as necessary and shall be maintained until all construction is complete.
45. A row of staked 12" minimum compost Filtrexx SiltSox or equivalent) shall be
properly installed between all construction ar seas and wetlands as shown on the
plans approved and referenced herein and shall be inspected and approved by the
NACC or its agent prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion.
46. Additional erosion controls shall be installed at the easterly corner of the building so
as to establish a barrier to the wetland and envelope this area and prevent any drill
slurry from escaping into the adjacent Buffer Zone.
47. Catch basins located within the vicinity of the project site shall be protected with silt
sacks.
48. Prior to advancing any geothermal wells the proposed paver patio and fieldstone
wall shall be constructed.
49. Prior to the commencement of well drilling, the associated settling basins and sealed
dumpsters shall be installed and ready for inspection by the Conservation
Department.
P� 1'Y 3
DEP FILE # 242 - 1782
50. The 6" building drain inlet shall be protected with appropriate erosion controls to
prevent any sediment migration into that system.
51. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 50 feet of silt sock and sufficient stakes for stakin
covered from the elements, and shall be used only for the control of emergency
erosion problems and shall not be used for the normal control of erosion.
52. Prior to advancing geothermal wells, the Conservation Department shall be contacted
to arrange for staff to observe means and methods while work is being conducted.
53. All additional 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 hour's of the Commission's
request.
54. The erosion controls shall serve as the limit of work. 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.
55. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person has to be contacted, due to an emergency at the site, during
any 24-hour period, including weekends. This person shall be given the authority
to stop construction for the purposes of correcting problems with erosion control.
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.
56. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the"Erosion Conti-of 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
MW
6(d I
DEP FILE#242- 1782
inspect all sedimentation/erosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as intended. In
addition, all wetland resource areas must be visually inspected for siltation, turbidity,
and/or other water quality impacts. The Erosion Control Monitor shall be on site
during and/or following a major storm event of 11Y' inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
57. Prior to any work commencing on-site, the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
58. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required
for this project, and no work within the Commission's jitrisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are granted.
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 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
N' 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.
60. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to, be significant-, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
61. 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, well drilling contractor, erosion control monitor and the al2Plicant 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
DEP FILE#242 - 1782
performing the permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order.
A reasonable period of time shall be provided as notice of the pre-construction
meeting (e.g. 72 hours).
ISTORMWATER MANAGEMENT CONDITIONS
62. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
63. The proposed paver patio shall be constructed during dry conditions (mid-late
summer).
64. Prior to construction of the paver patio, the Conservation Department shall be
contacted to arrange for staff to, observe patio construction means and methods while
work is being conducted.
65. Immediately after paver patio construction is completed the applicant shall
permanently mark the 25-Foot No Disturb Zone with the proposed fieldstone wall
and posts with markers bearing the following text: "Protected Wetland Resource
Area". This will designate the wetland resource sensitivity and assure no further
inadvertent encroachment into the wetland. Prior to installation in the field, the
placement of these permanent markers shall be subject to review and approval by the
Conservation Administrator. 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. Said markers are available for purchase in the Conservation Department
at Town Hall. Once the fieldstone wall and marker installation of complete, the
Conservation Department shall be contacted for an inspection in the field.
66. Prior to advancing the geothermal wells the Conservation Department shall be
contacted to arrange for staff to observe drilling activity means and methods while
work is being conducted.
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X A 3
DEP FILE H 242- 1782
67. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
68. Other than that expected with well drilling activities, should de-watering activities be
anticipated for other elements of the project, means and methods shall be reviewed
and approved by the Conservation Department and shall be proposed outside the
100-Foot Buffer Zone. All dewatering activities shall be supervised and witnessed by
the designated erosion control monitor. De-watering activities shall be monitored
daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other
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.
69. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on ally of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness -whichever is most applicable as determined by
the Conservation Commission or its staff.
70. No fuel storage shall occur on site during construction. Refueling of equipment shall
be by fuel truck delivery to the site.
71. 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, loomed and seeded prior to November1s, of each year. Outside,of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a
layer of mulch hay or other means approved by the NACC.
72. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up
daily.
73. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal.
vertical).
DEP FILE#242 - 1782
74.The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
75. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time
shall be stockpiling of soil or any other materials, occur on the wetland side of the
erosion controls.
76. 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 ally other
means. The applicant shall maintain clumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 100 feet of the edge of BVW.
77. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
78. 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
79. The mitigation plantings shall exhibit an overall survivorship of at least 75% after two
growing seasons post installation. The Commission shall retain the discretion as to
whether to issue a Certificate of Compliance or Partial Certificate of Compliance
depending on the status and conditions of the mitigation plantings.
80.The mitigation plantings shall be left to naturalize without routine landscaping
maintenance once fully established. This condition is on-going beyond the issuance of
a Certificate of Compliance.
81. The grassy area located between the mitigation planting strip and the fieldstone wall
at the 25" NDZ shall be mowed no more than twice (2X) a year. The applicant shall
report to the Conservation Department when mowing activities are to take place. This
condition is on-going beyond the issuance of a Certificate of Compliance.
82. 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
"','rw
DEP FILE# 242 - 1782
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Tower's Wetland protection Bylaw.
83. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. No road salt,
sodium chloride or other de-icing chemicals shall be used on paved surfaces within
100 feet of a wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
84.There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
85. Snow storage shall not occur within the 100-Foot Buffer Zone. The most appropriate
area for snow storage is within the grassy front lawn outside the Buffer Zone. This
condition is on-going beyond the issuance of a Certificate of Compliance.
86. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative,cover has been achieved.
87,. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
88. 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,
89. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements .from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project,
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
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DEP FILE#242 - 1782
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 prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
)p "As-Builf' post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area.
"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.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a disturbance of soils or vegetation.
➢ Any
Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance,of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones) The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw;
Resource Area Markers (Condition #65);
Mowing regime within the 25' NDZ (Condition#80);
Discharge or spillage of pollutants (Condition # 77);
)'o Snow storage (Condition #84);
Prohibition of underground fuels (Condition #81);
Prohibition of the use of coal tar based products for paving (Condition #86);
Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Condition #82);
No dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone (Condition #83).
K I J a 1 1, i,�I
I 2 1'
DEP FILE#242 - 1782
APPENDIX A-AFFIDAVIT
on oalli do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I ain the of
(position with applicant) (applicant nante or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC nuniber)
the North Andover Conservation Commission.
&/or
2.— 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that oil this—day of—19-
1 inspected said property together with any and all iniprovenlents which have
been made to the same and hereby certify that each and every condition Set
forth ill Order of Conditions— are presently in compliance,
(DEP File #)
5. 1 hereby affirin and acknowledge that this documem 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
(Signature-authorized agent of applicant or owner)
XUtl