Loading...
HomeMy WebLinkAbout- Permits #242-1792 - 137 ANDOVER STREET 10/26/2020 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 - Order of Conditions MassDEP File# L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information Please note: North Andover this form has I. From., been modified Conservation Commission with added 2. This issuance is for space to a. Order of Conditions b.F]Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Bob Murray a.First Name b. Last Name Important: When filling Trustees of Reservations out forms on c.Organization the 576 Essex Street computer, d.Mailing Address use only the tab key to Beverly MA .01915 ... ................ 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 c.Organization d,Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 137& 113-115 Andover Street North Andover a. Street Address In.City/Town Map 59 Lots 14 & 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d68m150s 71d11m797s d.Latitude e.Longitude Nvpaforrn5.doc-rev 611812020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassD,EP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 — Order of Coneditions MassDEP File# Massachusetts Wetlands Protection Act MI.G.L. c. 131, §40 eDEP Transaction# North Andover __ - _­­ - flyfrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) Unknown c.Book d.Page T Dates: July 20, 2020 October 14, 2020 October 26, 2020 a, Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See Attached List of Approved Plans & Documents a.Plan Title ............................. b.Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale 6.Add ifionai"Plan"or Document Title g.Date B. Findings 1. 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. M Public Water Supply b. El Land Containing Shellfish c. Prevention of Pollution d. 0 Private Water Supply e. Fisheries f. M Protection of Wildlife Habitat g. E Groundwater Supply h ®' Storm Damage Prevention i. E Flood Control 2, This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. M 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 cond'iflons shall control, wpaform5.doc rev 5118/2020 Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau, of Resource Protection - Wetlands 242-1792 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cityrrown B. 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. ❑ 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 iin 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. M Buffer Zone Impacts: Shortest distance between limit of project 0- disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) restore Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. El Bank a.linear feet b,.linear feet c.linear feet d. linear feet 5, F] Bordering Vegetated Wetland 6. F] Land Under Waterboldies and a.square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f.c/y dredged T F1 Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. D isolated Land Subject to Flooding a,square feet b.square feet Cubic Feet Flood Storage c.cubic feet d'.cubic feet e.cubic feet f,.cubic feet 9. El Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between, 100- 200 ft g.square feet h.square feet 1.square feet j.square feet Nvpaform5.doc-rev 6118/2020 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 — Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover .......... Gilyfrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed! Permiitted Proposed Permitted Alteration Alteration Replacement Replacement lo. El Designated Port Indicate size under Land Under the Ocean, below Areas 11. El Land Under the Ocean a.square feet b.square feet c.cty dredged d.c/y dredged 12. Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd 13. a.Coastal Beaches square,feet b.square feet c.nourishment d. nourishment 14. El Coastal Dunes - CPA cu yd a.square feet b.square feet c.nourishment d. nourishment is El Coastal Banks a. linear feet b.linear feet 16. [] Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c,square feet d.square feet M ❑ Land Under Salt Ponds a.square feet b.square feet c,cly dredged d.cly dredged 19. 1­71 Land Containing ....... .. Shellfish a.square feet b.square feet c.square feet d.square feet 20. 171 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies,and Waterways, above a.c/y dredged b.cly dredged 21. FJ Land Subject to Coastal Storm a.square feet b,square feet Flowage 22. F Riverfront Area n fnfal en foot b.total sq.feet Sq ft within 100 ft d—square feet ------ f.square feet Sq ft between 100- 200 ft .......... j.square feet h.square feet i croonro foot v,paforrn5,doc-rev 511812020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 ............... WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CityfFown B. Findings (cont.) #23.If the 23. F Restoration/Enhancement project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland resource area 24 El Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section BAc (B\/W)or The following conditions are only applicable to Approved projects. B.1 7.c(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, Z The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply, 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 CMR 10.05(11)(f). 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. wpaformS,doc rev 5118/2020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover .ci -"r1 ityrrown 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" [or, "MassDEP"] "File Number 242-179,2 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. wpaform5,doc y rev 511812020 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 - Order of Conditions iUlassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ..... eDEP Transaction# North Andover Cityrrown 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 appllicant 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) EJ is subject to the Massachusetts Stormwater Standards (2) [Q 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 stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that 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; ii. 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; wpaform5.doc rev 511 812 02 0 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - 'Wetlands 242-1792 WPA Form 5 — Order of Conditions MasslDEP File# Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# 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 BIVIPs 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: L) 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 shallf 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. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. vMoform5.doc rev 5118/2020 Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -eDEP I Transaction. 11 # North Andover CityfTown 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 10.014 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(11), 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. Nvpaform5.doc•rev 511812020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 — Order of Conditions MassDEP File# Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? 2 Yes E] 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 EI that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw_& Regulations Ch. 190 et, 1.Municipal Ordinance or Bylaw seg. 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Findings & Special Conditions (see attached) wpaform5.doc a rev 5118/2020 Page 1G of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §401 eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 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. see below This Order must be signed by a majority of the Conservation Commission, 2. Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. "Signed by Amy R. Maxner, Conservation Administrator, as authorized by the North Andover Cooslenation Commissiqp,-see N.ER D. Book: 16327 Page: 2.2...... AdministratorAmy R. Maxner, Conservation -Slg-"-nature 7 L Louis Napoli, Chair ............ Signature Printed Name Albert Manzi, Jr. Signature Printed Name Sean McDonough Signature Printed Name John Mabon Signature Printed Name Joseph Lynch .............. Signature Printed Name Signature Printed Name ...... ... ............. Signature Printed Name by hand delivery on by certified mail, return receipt requested, on October 26, 2020 Date Date wpaform5.doc-rev 511 812 02 0 Page 11 of 13 4 Massachusetts Department of Environmental Protection Provided by Mass©ER Bureau of Resource Protection -Wetlands 242-1792 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 LI- �q n 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 roust be made by certified snail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10,03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by 1 certified snail 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. i The request shall state clearly and concisely the objections to the Order which is being appealed and haw 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. j i 1 i I I 1 i wpaforra5.doa•raw 5/1612020 Page 12 of 13 i 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1792 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 137 & 113-115 Andover Street 242-1792 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page for. Trustees of Reservations c/ Bob Murray Property Owner and has been noted in the chain of title of the affected property in: Unknown -------- ---................. ..... Book Page In accordance with the Order of Conditions issued on: October 26, 20210 Date If recorded land, the instrument number identifying this transaction is: .......... ........... Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant vipaform5.doc-rev 5118t2020 Page 13 of 13 DEP FILE # 242 - 1792 Findings of Fact Current Project Site Conditions: The property that is the subject of this application is an approximately 16.56 acre parcel of land west of Andover Street, a public road in North Andover, MA and east of Chickering Road- MA Route. The Site is known as The Stevens Coolidge Place (Assessor's Map 59, Lot 14 &17), an open space site managed by the Trustees of Reservations (The Trustees) that is open to the public. Located on Site is an Estate and maintained restored historic gardens,fields, and woodlands. The Site is surrounded by residential properties on all sides. Located on site is a bordering vegetated wetland to an intermittent stream, and an isolated vegetated wetland. The Trustees of Reservations was given the property in 1962 and have transformed it into a public garden., Site Permit History OOC, DEP File #242-1764 - access drive, parking off Chickering Road - issued December 2019, project underway The NACC agrees with the delineation of the following wetland resource areas as observed and confirmed by Conservation Administrator and reflected on the final revised plan. These resource areas are significant to the interests of the Act and Town Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests of the Act and the Bylaw. • Bordering Vegetated Wetland (BVW) - Wetland Flags • Isoloated Vegetated Wetland (IVW) - Wetland Flags • 100-Foot Buffer Zone to,BVW and IVW • The,site is outside 100-year floodplain, contains no Riverfront Area, or certified or potential vernal pools based on NHESP mapping and on-site observations. Project DescriptLor_r The proposed work includes: Work in Buffer Zone to BVW next to 113-115 Andover Street: Expansion of gravel access around maintenance area for improved access to maintenance equipment and storage of materials and improve parking at rear of building. Install 4-bay open concrete compost stalls on concrete pad. Install free-standing poly-shed to house equipment. Install dumpsters on concrete pad. Perform Ash tree management due to Emerald Ash borer infestation. Remove historic compost stockpile area adjacent to Wetland Flags A17 and lightly regrade and seed and replant area with native species. Work within Isolated Vegetated Wetland and Buffer Zone to IVW- Restore the existing isolated vegetated wetland, excavating, expanding and deepening the existing constructed pond and installation of native plant species. Modify pond outlet by constructing an emergency spillway and a stone trench and associated perforated pipe to discharge overflow to the BVW wetland A Series located to the northeast. Restore existing IVW wet meadow currently mowed lawn, and re-planting with native species. Constructing 113, 115 8, 137 AndoverStrect '1701'k,SteV,1S('()()I i(I C plilee f)17P 17 le 42,12-1792 MCC Findings&Special Comfitions Pnj�c I of,I'l DEP FILE #242 - 1792 a bog bridge over IVW and portion of pond. Improve greenhouse foundation drainage by re-directing the discharged groundwater from the sump-pump to a constructed, stone lined swale vegetated with native wetland plantings. Create a turn-around within the existing driveway access, remove section of gravel drive and build a new gravel offshoot way from the access drive. Installation of a 4,000 s.f. cutting garden. Perform selective tree removal. Perform Integrated Pest Management on Hemlock tree stand for Elongate Hemlock Scale and Hemlock Woolly Ade,lgid infestation. Install interpretive natural history and educational wetland ecology signage within restored IVW and pond areas. Work is within IVW, 25' NDZ and 50' NBZ, for which a Waiver Request Worksheet has been submitted. A portion of the work falls within the IVW, 25" NDZ and 50' NBZ for which the applicant requested a waiver. The applicant provided supplemental information and a wildlife habitat evaluation as requested by the Commission. Upon review of this information, the Commission finds that the applicant adequately demonstrated there are no alternatives to relocating the work outside these zones that would result in less impact to the wetland as the restoration and enhancement of the existing IVW and pond necessitates work within these areas, Further, the Commission finds that the proposed conversion of mowed lawn within the IVW to a restored natural state and enhancement and enlargement of the existing pond serve to improve the conditions and function of these resource areas to better protect the interests of the Bylaw. After due consideration, the NACC voted unanimously to grant a waiver from the wetland, 25-Foot No Disturb and 50-Foot No Build Zone performance standards to allow for said activities contingent upon successful execution of mitigation features and compliance with conditions contained herein. Therefore, the North Andover Conservation Comniission (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 CONDITIONS 20. 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 applicant/owner : Trustees of Reservations c/o Bob Murray 576 Essex Street Beverly, MA 01915 Representative: DeRosa Environmental c/o Evin Guvendiren The Morin-Cameron Group, Inc. c/o John Morin 1 13 1 15& 137 Andover S. ieet- 'ITOR9 Stevens("oulidge Place D Ell File V 2,12-17 92 Page 2 of 14 DEP FILE #242 - 1792 Site Plans & Documents: 0 Notice of Intent and associated supporting materials, dated July 15, 2020 singed by Robert Murray, Michael DeRosa; 9 Supplemental h-dormation • Supplemental Information and associated attachments dated September 29, 2020,prepared by DeRosa Environmental, including: • Expanded Alternatives Analysis • Wildlife Habitat Evaluation • Letter prepared byTTOR,regarding 5-Year Strategic Plan for the Stevens Coolidge Place • Figure 2h. Restoration Plan, pearped by DeRosa Environmental, dated August 25,2020; • "Site Plan of Land in North Andover, MA 113, 115 &137 Andover Street" 3 Sheets -prepared by The Morin-Cameron Group, Inc., signed and stamped by John Morin, scale as noted, revised to October 5,2020; • Letter, dated October 5, 2020 prepared by The Morin-Carneron Group,Inc., with the following attachments: • Existing Subcatchment Plan- dated October 1,2020 • Proposed Subcatchment Plan- dated October 1, 2020 • Routing Diagram for Hydrologic Analysis-dated October 5,2020 • Hydrologic Analysis (pages 2-7) -printed October 5,2020 21. 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. 22. 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. 23. 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. 24. 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 Welland 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 1 13. 1 q!5&, 137 Andover Streo—TFOR,Skevens Coofid,,e Place DE11 File U242­1792 MCC Fin dings&Special Condilions Pagc 3 of 14 DEEP FILE #242 - 1792 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, 25. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 26. The work authorized hereunder shall be,completed within three years,from the date of this order. 27. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Sectioit 8.3) of the North Andover Wetland Regulatiom). 28. 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. 29. 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. 30. [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). 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50 1) No-Construction Zone shall be established from 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 &Appeiidix F of the local Regulations). 32. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 113 115& 147 Andover Slreo­'ITOR.S(, C,S 1Ilrqee [)17l1FilcH212­1792 NACC I'i mfings&Spce i at Coil it ion% Page'!l or H DEP FILE #242- 1792 31 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. 34, Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 35. Prior to work, the applicant shall submit plans showing stockpile (across from gravel driveway) and construction access. 36. Prior to work, the dewatering BMP's must be installed and ready for inspection at the time of the pre-construction meeting., 37. 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, 38. This Order shall be recorded, in its entirety, 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 cormnencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. 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 deposit of money 113. 115&, 137 Amlover S rcet Stevens('(Pofidge Rice DEP Ffle 0242-1792 NACX.1'Findings&Specia� Condifions Vatic 5(11,14 DEP FILE # 242 - 1792 shall be accompanied by a copy of the recorded Order of Conditions and a W9 form filled outlay the party posting the bond. This bond is conditioned oil the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel,and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 40. Wetland flagging shall be checked prior to start of construction and shall be re,- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 41. A row of staked 12"' minimum compost Filtrexx SiltSox (or equivalent shall be properly installed between all construction ar eas 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. 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 hours of the Commission's request. 42. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 100 feet of silt sock and sufficient stakes for staking 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. 43. 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 242-1792."' 44. Prior to other work commencing, the historic compost pile shall be removed and the area restored, properly planted and stabilized as proposed. Any tree removal proposed in this area must be reviewed by Conservation Agent. Upon completion of restoration, a site inspection shall be arranged with the Conservation Department to verify compliance. 113, 115& t 37 Anklover Street - I'TOR.Stevens,Coohdge Phice MT File Q42-1792 NACC Findings&Speciat Conditions tlagc 6 of ki DIED FILE H 242 - 1792 45, Restoration planting and re-seeding shall be supervised by a qualified wetland scientist. 46. Prior to work commencing, all necessary BMP's for proposed dewatering management shall be on site for ready execution during construction phases. 47. The proposed boardwalk shall be constructed with non-CCA treated wood materials. Specifications and invoices for said materials shall be submitted to the Conservation Department for its file. 48. Pursuant TTOR's educational curriculum/interpretive program as noted in its September 30, 20120 letter - the applicant shall submit its proposal for executing its intended program prior to issuance of a Certificate of Compliance (CofC). This submission shall include specifications/subject matter for interpretive signage, proposed programing/teaching workshops or equivalent, and intended schedule for implementation of same. The Commission shall reserve the ability to require that interpretive signage be installed prior to the issuance of a CofC. 49. 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. 50. 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. 51. 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. 52. 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 11 3 1 d5& 137 Andovo"Shecl- 'I"FOR,1,itevens Coolid""C Place DFAI File U2424792 NACC Fincfinfj &Special Con(fitions Page 7 of'14 DEP FILE #242 - 1792 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. 53. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photographs from the "'Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 54. Prior to construction,with on-site coordination with the Conservation Department staff, the applicant shall review conditions along the 25' No Disturb Zone to determine the most suitable locations for wetland markers. Said markers shall be placed on existing mature trees or mounted on weather resistant posts bearing the following text: "Protected Wetland Resource Area". This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. 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. 55. 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. 56. Prior to any work corm-nencing 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 jurisdiction 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. 57. 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, 113, 115& U7 Andover S I jeek -TTOR.Slevens Coohd,ge Pkice DE111 Yfle 112,12-1792 NACU Findings&Special Con(blions Pave 8 ul'H DEEP FILE #242 - 1792 the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 58. 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, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable 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). KO:R:MWATER MANAGEMENT CONDITIONS 59. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 60. 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. 61. The applicants, owners., and their successors and assignees, shall maintain all drainage swales, culverts, collections basins, traps, outlet structures, subsurface storage areas, and other element,-, of the drainage system, unless put into an easement to the,Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 1 3, 11,5& 137 Andover 1,Wul -TTOR,Slevens Coolidl-C Pkice DHII File 8242-1792 NACC F6idings&,SpecU Conditions 9 o f 14 DEP FILE #242 - 1792 62. A qualified wetland scientist shall supervise all phases of the IVW and pond enhancement activities. The weekly erosion control monitoring reports shall have a subsection included to document progress on the enhancement activities,noting observations, significant findings, problems or unexpected site conditions. 63. 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. 64. 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 Cortunission for approval,which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 65. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber,bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. ALly fil imported to the site must be accompanied by a certificate of origin or an analysi certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 66. No on-site fuel storage shall occur during construction. Equipment may be refueled outside the 100-Foot Buffer Zone by delivery. 67. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loaned, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 68. Associated pavernent 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. 113. 1 U 5& 137 Andover Strect -TTOR'Stevens Coolidge Place DI"IFile#242-1792 DEP FILE #242 - 1792 69. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) other than what is, allowed under this Order, if any. 70. 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 fight of way. 71. A materials stockpiling areas shall be contained. Additional containment measures,may be required by the Conservation Department at its discretion. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 72. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 100 feet of the edge of the wetland. 73. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 74. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored 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. ULAFTER.CONSTRUCTION 75. The IVW restoration shrub plantings shall exhibit an overall survivorship of at least 75% and the tree plantings shall exhibit 100% survivorship after two growing seasons post installation. The Corm-nission 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. 76. Execution of the Long Term Operation& Maintenance Plan (attached hereto) for managing invasive species within the IVW and BVW and maintaining the wet meadow habitat, shall be carried out annually. Any proposed use of chemical herbicides shall be presented to the Conservation Department, or at the Administrator's discretion forward to the Conservation Commission for review and approval. I V3. 1 l5& 137 Andover Street - 'ITOR,Slevens Coolidge Place DF11 File 0242-1792 Page 11 cd'14 DEP FILE 9 242 - 1792 77. No underground storage of fusel shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the'rown's Wetland protection Bylaw. 78. 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. Aside from what is approved by the Conservation Dept./Commission per Special Condition #76 above, pesticides,and herbicides shall not be used within 100 feet of a wetland resource area. De- icing materials shall not be sodium-based. 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. 79. 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. 80. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 81. 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. 82. 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. 83. Upon completion of the project the applicant shall submit the following to the Conservation Conu-nission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be, submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property, e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h, A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been 113, 115& 137 AndoverSlreo—TFOR,Stevens Coofidlye Place D1:11 Fde)1242-1792 NA(V Findings&Special Con(Mions _!!2E 13 of'H DEP FILE H 242 - 1792 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: "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. 'P- "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 gny disturbance of soils or vegetation. 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 (Condition#31); Resource Area Markers (Condition#54); Discharge or spillage of pollutants (Condition #74); Adherence to the attached "Long Term Operation and Maintenance Plan" for invasive species management and wet meadow habitat maintenance (Condition # 76). Prohibition of underground fuels (Condition#77); Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Condition #78); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #79); Prohibition of the use of coal tar based products for paving (Condition #81). 10. 115& W Andover Street ITOR,Steve as Coolidge Hace DDT Vile#242-1792 NACC Fhufings&Special Conditions Pagu 13 of 14 DEP FILE #242 - 1792 APPENDIX A- AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1, 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC numbet) the North Andover Conservation Commission. &/or 2. 1 any the of (position with owner) (owner narne) the owner upon whose land Order of Conditions Have been placed tip by (DEP or NACC number) the North Andover Conservation Commission, & 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this-day of-19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied-upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File 4) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of'applicant or owner) 1 H. 115& M A ii(bvei-Si i eel—TFOR,Sle veils C00fidge Place DF11 File#242-1792 NA(.:'(.'Fiii(Nits&Special Cotidiflm� PaL�e 14 of 14 Long Term Operation and Maintenance Plan 1 137 And r3treetN rth Andover, MA Wet Meadow Long lFe[Ol Operations and Ma^RteNaDcCPUaR ANNUAL CUTTING AND SELECTIVE REMOVAL [}P INVASIVE PLANTS Along with the aftercare and maintenance plan included in the Notice of Intent(NOI) narrative,any invasive species that is identified as part of the routine maintenance and vegetation management of the wet meadow will be removed using whole plant removal strategies and techniques. Wa anticipate that most of the invasive species that come to be found within the restoration area will be woody invasive species including, but not limited tmoriental bittersweet ([elastrusodviculatua),glossy buckthorn (Fnungulaoln�us), muK1if|om rose(Rosa multiflora), and Japanese honeysuckle(Lonicerojaponica). Early colonization of these plant species should ba removed as soon as practicable and incorporated into the onsite composting operation. All invasive plants should be removed before going tn seed. |f plants gnto seed then flowers and seed capsules should he separately cut and bagged for disposal. The vegetative material can be removed and composted without risk of re-invasion. Additionally, annual cutting should occur in perpetuity to keep woody invanivex out of the wet meadow areas.The wet meadow on site is to be cut annually in late fall/early winter when the ground hardens 1u prevent the growth of invasive plant species within the wet meadow. LONG TERM INVASIVE PLANT MONITORING & REM[)\//\L Routine surveys of each of the wet meadow will occur on a routine basis during the first growing season after initial removal of the invasive species material. Inspections will be focused on removal of new invasive material principally starting from seed sprouts remaining from the plant extraction process. Seedlings should be handpicked and placed in: plastic bags or use 5 gallon plastic buckets to contain the material. Harvested material should be either composted or burned according to local fire department rules and regulations. Routine surveys and harvests of invasive species should be made on a routine basis for each growing season, post removal and quarterly thereafter until such time that the environmental monitor lsconfident that invasive species are controlled, and new invasions are limited.Annual inspections during the growing season should then foUowin perpetuity utilizing the same inventory and harvesting protocol as in the initial inspection process.