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HomeMy WebLinkAbout- Permits #242-1794 - 335 WILLOW STREET 10/21/2020 4 Massachusetts Department of Environmental Protection Provided by Mass!)EP: Bureau of Resource Protection -Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# ILI 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 1. From: been modified Conservation Commission with added 2. This issuance is for space to a.Z Order of Conditions b.❑ Amended Order of Conditions accommodate (check one):. the Registry of Deeds 3. To: Applicant: Requirements c/o The Morin-Cameron Group Important: a. First Name b.Last Name When filling Muffin 3X, LLC c/o Michael Ogan out forms on c.Organization the 66 Elm Street computer, use only the d.Mailing Address tab key to Danvers MA 01923 move your e.City/Town f.State g.Zip Code cursor-do not use the 4, Property Owner(if different from applicant): return key. c/o Michael Ogan a.First Name b.Last Name Muffin 3X, LLC c.Organization 351 Wilow Street South d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 5. Project Location: 335 Willow Street North Andover a.Street Address b.City/Town Map 25 ............... -Lot 74 —------------ c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d M S d M S d. Latitude e. Longitude wpafcrm5.doc-rev 5/1812020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e17P Transaction# North Andover CitylTown 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) 16022 327 c.Book d. Page 7. Dates: Jul 30, 2020 October 14, 2020 October 21, 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 for complete list of approved plans &documents a.Plan Title The Morin-Cameron Group John Morin b.Prepared ByW uW c.Signed and Stamped by September 14, 2020 as shown d.Final Revision Date e.Scale f.Additional Plan 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. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® 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. vrpaform5.doc•rev 5/1812020 Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 — Order of Conditions MasSDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CityfTown B. Findings (cont.) Denied because: b. ❑ 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 in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet 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.linearfeet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under _ Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ 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 s. ❑ Isolated Land _ Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic€eet e.cubic feet f.cubic feet s. ❑ Riverfront Area a rnrai eR tAAa b.total sq.feet Sq ft within 100 ft _ r• em3�ra fact d.square feet f.square feet Sq ft between 100- 200 ft n en3iarc fopt h.square feet i ennaro fopf j.square feet wpaform5.doc•fev 5/1 812 02 0 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 r WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CitylTown B. Findings (cont.) Coastal Resource Area Impacts. Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c,ely dredged d.cly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches - 0u yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14' ElCoastal Dunes _ cu yd cu_)Ld__ a.square feet b.square feet c.nourishment d. nourishment 16. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet W. El Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a,square feet b.square feet c.cly dredged d.cly dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feel d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cly dredged b.cly dredged 21. ❑ Land Subject to _ Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a rnfai en fppf b.total sq.feet Sq ft within 100 ft r• an„n« (Pat d.square feet a enfmrp fool f.square feet Sq ft between 100- 200 ft n cnetaro foot h.square feet i ermnra faaf J.square feet wpaform5.doo•rev 511812020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover C,:FYIYown B. Findings (cons.) p#23,If is for the 23, ❑ Restoration/Enhancementjec *: the purpose of restoring or enhancing a a.square feet of BVVV b.square feet of salt marsh wetland resource area 24, ❑ 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 BAG (B1Mf)or The following conditions are only applicable to Approved projects. 13.1 Te(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g Y fY 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 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. T. 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 5/18/2020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEP Transaction# North Andover city/Town C. Genera[ 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 242-1794 " 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. wVaform5.doa•rev 511 812 02 0 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 eDEP Transaction# North Andover cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (coat.) 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) ® is subject to the Massachusetts Stormwater Standards (2) ❑ 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; W. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5Aoc-rev 5/1812020 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Citylrown 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. 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. wpaform5.doc•rev 5/191202G Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 et]i=P 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(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. wpaform5.doc•rev 5118/2020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: LI) Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File# 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? M Yes ❑ No 2. The North Andover _ hereby finds (check one that applies): Conservation Commission a. ❑ 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. ® 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): NACC Findings&Special Conditions (see attached) %Vafofm5.doo•rev 5f18l2020 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: LI) Bureau of Resource Protection - Wetlands 242-1794 WPA Form 5 — Order of Conditions MassDEP File 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cityfrown E. Signatures This Order is valid for three years, unless otherwise specified as a special 10-21-20 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 Copsprvation Com sioin -see N.E.R.D. Book: 16327 Page: 22 Amy R. Maxner, Conservation signature Administrator 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 10-21-20 Date Dale vrpaform5.doc•fev 1418/2020 Page 11 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: W)LIBureau of Resource Protection - Wetlands 242-1794 PA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.I L. c. 131, §40 eDEP Transaction# North Andover Gityfrown 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 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. 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 511812D20 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: LI) Bureau of Resource Protection -Wetlands 242-1794 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: 335 Willow Street 242-1794 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page for: Muffin 3X, LLC c/o Michael Ogan_ Property Owner and has been noted in the chain of title of the affected property in: 16022 74 Boole Page In accordance with the Order of Conditions issued on: 10-21-20 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 afApplicant wVafotm5.doo•rev 511 812 02 0 Page 13 of 13 DEP FILE #242 - 1794 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, Project Site Permit Histpry: The project site has been subject to previous permitting with the NACC,which includes the following: • MassDEP File #242-437- DENIED for proposed addition • MassDEP File #242-457- building addition, parking expansion, wetland fill and replication- Certificate of Compliance issued GENERAL CONDITIONS 20. The proposed work includes: construction of two additions to existing building, walkways, re-grading and re-paving the parking areas within the same footprint, drainage facilities and landscaping. Removal of 370 s.f. of pavement within 25' NDZ and partially within the 50' NBZ, to be replaced by two concrete pads totalling 304 s.f. with the remaining 66 s.f. of area to be loamed and seeded,for which a waiver request worksheet has,been submitted. Proposed new roof areas will be, directed into a proposed subsurface infiltration chamber at the front of the building; existing gutters will remain, with the northerly side of the build slated to received crushed stone to encourage better infiltration. A low spot in the southerly parking lot immediately adjacent to the wetland contains a small spillway with remnant rip rap, partially buried with sediment that served to attenuate runoff(reportedly required by a previous OOC). This area will receive new rip rap. The parking lots generally sheet flow off site to adjacent wetlands or out to Willow Street drainage system-these flow patterns will not change. Work is within the 100-Foot Buffer Zone to Bordering Vegetated Wetland, and a portion is within the 25,-Foot No Disturb Zone and 50-Foot No Build Zone. Horsley Witten has performed a 3rd party peer review of the proposed stormwater management system on behalf of the Town, and the Planning Board issued a Site Plan Review Special Permit approval decision dated October 6, 2020. 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 applicant/owner : Muffin 3X, LLC c/o, Michael Ogan 351 Willow St., North Andover, MA 335 WiHow Street DFTNIe4242-179-4 NACCI iiidiiigs&Sl)cciilCoii(litioiis Page 1 ot'14 DEP FILE #242 - 1794 Representative: The Morin-Cameron Group, Inc. c/o John Morin Site Plans &Documents: 0 Notice of Intent dated July 29,2020 and associated supporting materials, singed by Michael Ogan and KathyMolina; * "Site Redevelopment Plans 335 Willow Street" - 11 Sheets,prepared by The Morin-Cameron Group, Inc., signed and stamped by John Morin,revised to September 14,2020; 0 Cover letter,prepared by The Morin-Cameron Group, dated September 17, 2020; & Stormwater Management/Technical Report,prepared by The Morin- Cameron Group, dated July 29, 2020**As revised by September 14, 2020 Morin-Cameron Group response letter to peer review, listed below**, 0 3rd Party Peer Review Letter prepared by Horsley Witten, signed by Janet Bernardo and Jonas Procton, dated August 13,2020; 0 Initial Stormwater Peer Review response letter and associated attachments, prepared by The Morin-Cameron Group, signed by John Morin, dated September 14, 2020; 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act(310 CMR 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 site if the NACC, agent or DEP determines that any of the work is not in compliance with 335 Willow Strcel DUP File f1242-1 794 NACC Fin(fin,-S,&,,Special Conditions Page 72 or'14 DEP FILE #242 - 1794 this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations, 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least Lhirty days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wetlaiid Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. [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). 32. The following wetland resource area is affected by the proposed work is 100-Foot Buffer Zone to Bordering Vegetated Wetland. This resource area 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. 33. The NACC agrees with the applicants delineation of the wetland resource areas located on site as observed and confirmed by Conservation Department staff. The wetland replication as required under MassDEP File #242-457 was observed to be in good condition,vigorous growth. 34. 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 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 335 Wi I toStreet DI-Thle#242-1794 NA(,(,'14-ii)(Iiii,s&,Sl)ccisil(.-,mlditiozis Page 3 of 14 DEP FILE# 242 - 1794 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), 35. A portion of the work falls within the 25' NDZ and 50' NBZ for which the applicant requested a waiver. After due consideration, the Commission finds that the applicant demonstrated there are no alternatives to relocating the work outside these zones that would result in less impact to the wetland. Further, the Commission that removal of impervious pavement from these zones improves infiltration on site. The Commission finds that removal of accumulated sediment and restoration of the rip-rap spillway at the southerly low spot in the parking lot is a required maintenance activity pursuant to on- going conditions of#242-457. 36. 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. 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. I"PRIOR TO CONSTRUCTION 39. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 40. Silt sacs shall be installed in all Willow Road right of way catch basins located within 100 feet of the project. 335\VillwvSneel DFP File 9242-1T)4 NACC Findings&Special Con(fidons Page 4 DEP FILE H 242 - 1794 41. Prior to work, means and methods for removing the existing pavement shall be submitted to the Conservation Department. Addition erosion controls may be required depending on the methods used and risk of erosion/sedimentation to the wetland from this work. 42. This Order shall be recorded,in its entiret 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. 43. A check payable to the Town of North Andover shall be provided in the amount of five thousand dollars ($5,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be accompanied by a copy of the recorded Order of Conditions and a W9 form filled out by the party posting the bond. This bond is conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(,$) 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 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 -135 Willow Street DE 11 File 4242-1794 NA(X Flndings&Spe6,d Condifians Page 5 of 14 DEP FILE #242 - 1794 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. 46. 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 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. 47. 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 242-1794". 48. 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 2,1 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. 49. 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. 50. 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. 51. 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 placernent 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 335 Wiflow Street DFT File 11242-1794 NACC Findings&Special CondiOons Page 6 cat'14 DEP FILE # 242 - 1794 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. 52. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with 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. 53. Prior to construction,with on-site coordination with the Conservation Department staff the applicant shall review the existing wetland markers on site, and determine if additional markers are required. Said markers are to be placed on existing mature trees at edge of lawn 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. 54. 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, 55. 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 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. **Note: Conservation Department sign off of the building permit will be withheld until all pre- construction requirements have been satisfied. 56. 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 335 Willow S roel DF11 File P242-1794 NACC Findings&Spccia Cmiditions P Lige 7 ol'14 DEP FILE# 242 - 1794 assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction, 57. 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). I"STORMW" ATER MANAGEMENT CONDITIONS 58. 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. 59. The proposed storn-twater management facilities shall be constructed in compliance with the approved plans, and their preparation and installation shall be overseen by the design engineer or other q"ualified professional so as to certify compliance and correct means and methods for their construction. 60. Water quality in down gradient BVWs 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. All new catch basins shall contain oil/grease traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/grease traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and 335 Wfflow Shed DI 711 File 4242-1794 NACC Findings&Speciat Con(fifions Pa�c 8 of 14 DEP FILE ff 242 - 1794 debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 62. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Post Construction Operation and Maintenance Plan (O&M) attached herein and the associated stormwater management conditions mandated herein. Evidence of said cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation Department for its file. 63. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system,unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. 64. All stormwater best management practices shall be maintained as specified in the attached Pollution Prevention and Operation and Maintenance Plan (O&M) submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer or other qualified professional post construction. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line. The approved Operation &Maintenance Plans are fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. DURING CONSTRUCTION 65. 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. 66. Dewatering is not proposed as part of this project. However, should dewatg!Lnz activities prove necessary, they 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. 335 Willow Streel DF11 File 14242-1794 NA(,.'C FhidinP&Special Conditions Page 9 of 14 DEP FILE #242 - 1794 67. 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. An 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. 68. No on-site fuel storage shall occur during construction. Equipment may be refueled outside the 100-Foot Buffer Zone by delivery. 6'9. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1,,t 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. 70. 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. 71. 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. 72. 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. 73. 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. 74. 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. 335 Willow SUM DDT File 9242-1794 NACC Findings&Speckil CondiUons Page 10 o I'l 4 DEP FILE#242 - 1794 75. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 76. 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. 1AFTER CONSTRUCTION 77. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the TowWs 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. 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 TowWs 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 Commission as part of a request for a Certificate of Compliance: 335 Willow Streel DDT File P242-094 PaLS 11 of 14 DEP FILE H 242 - 1794 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 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. "'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 !U 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#34); Resource Area Markers (Condition#53); Discharge or spillage of pollutants (Condition# 76); Prohibition of underground fuels (Condition #77); ➢ Prohibition of the use of coal tar based products for paving (Condition#81); 335 Willow Sheet 131-T Hic 4242-1794 NAC'C FhidinP&,Special Conditions Page 12 rat'14 DEP FILE # 242 - 1794 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). Adherence to the attached ""Stormwater Best Management Practices - Operation and Maintenance Plan". No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report. Requirements, of Condition #64 shall be,included in the report. 335 Willow Street DE11 Re 112412-1794 NACC Findings&Special Conditions Page 13 or 14 DEP FILE #242 - 1794 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 NA CC n uniber) the North Andover Conservation Commission. &/or 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, 1 Thereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions, 4. 1 hereby affirm and acknowledge that on this—.—day of—'—19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this.....—day of--19 (Signature-authorized agent of applicant or owner) 335%Villow,Strecl DF111,100,12-1794 NACC F iwfings&Spec iii I Coiidk jol s 11ne 14 cal'14 Long Term Stormwater Best Management Practices Operation and Maintenance Plan for 335 Willow Street North Andover, Massachusetts July 29, 2020 .Revised September 14, 2020 The following operation and maintenance plan has been provided to satisfy the requirements of Standard 9 of the Mass DEP Stormwater Management Handbook associated with development of the site and associated infrastructure. The success of the Stormwater Management Plan depends on the proper implementation, operation and maintenance of several management components. The following procedures shall be implemented to ensure success of the Stormwater Management Plan: 1. The contractor shall comply with the details of construction of the site as shown on the approved plans. 2. The stormwater management system shall be inspected and maintained as indicated below. 3. Effective erosion control measurers during and after construction shall be maintained until a stable turf is established on ail altered areas. 4. A Stormwater Management Maintenance log is included at the end of this Appendix. Basic Information Stormwater Management System Owner: Muffin 3K, LLC 351 Willow St. North Andover, MA 01845 P:(978)683-1414 North Andover Engineering Department: 384 Osgood Street North Andover, MA 01845 P:(978) 685-0950 North Andover Planning Board: Town Hall 120 Main Street North Andover, MA 01845 P:(978) 688-9535 North Andover Conservation Commission: Town Hall 120 Main Street North Andover, MA 01845 P:(978)688-9530 Qwner Signature: Nor Lang Term Stormwater Best Management Practices operation&Maintenance Plan 335 Willow Street, North Andover, Massachusetts July 29,2020 Revised September 14,2020 Page 1 of 4 Erosion and Sedimentations Controls during Construction: The site and drainage construction contractor shall be responsible for managing stormwater during construction. Routine monitoring of disturbed soils shall be performed to ensure adequate runoff and pollution control during construction. A sediment and erosion control barrier will be placed as shown on the Grading & Drainage Plan prior to the commencement of any clearing, grubbing, and earth removal or construction activity. The integrity of the erosion control barrier will be maintained by periodic inspection and replacement as necessary. The erosion control barrier will remain in place until the first course of pavement has been placed and all side slopes have been loamed and seeded and vegetation has been established. Operations and maintenance plans forthe Stormwater Management construction phase and long term operation of the system have been attached to this report. General Conditions 1. The site contractor shall be responsible for scheduling regular inspections and maintenance of the stormwater BMP's until the project has been completed. The BMP maintenance shall be conducted as detailed in the following long-term pollution prevention plan and on the approved design plans: "Site Redevelopment Plan of Land in North Andover, Massachusetts, 335 Willow Street" prepared for Muffin Realty Trust by The Morin-Cameron Group, Inc.dated July 29, 2020. 2. All Stormwater BMP's shall be operated and maintained in accordance with the design plans and the following Long-Term Pollution Prevention Plan. 3. The owner shall: a. Maintain an Operation and Maintenance Log for the last three years. The Log shall include all BMP inspections, repairs, replacement activities and disposal activities (disposal material and disposal location shall be included in the Log); b. Make the log available to the North Andover Planning Board and Engineering Department upon request; c. Allow members and agents of the North Andover Planning Board and Engineering Department to enter the premises and ensure that the Owner has complied with the Operation and Maintenance Plan requirements for each BMP. 4. A recommended inspection and maintenance schedule is outlined below based on statewide averages. This inspection and maintenance schedule shall be adhered to at a minimum for the first year of service of all BMP's referenced in this document. At the commencement of the first year of service, a more accurate inspection/maintenance schedule shall be determined based on the level of service for this site. Long Term Stormwater Best Management Practices Operation&Maintenance Plan 335 Willow Street, North Andover, Massachusetts July 29,2020 Revised September 14,2020 Page 2 of 4 Long-Term Pollution Prevention Plan LTPPP Vegetated Areas: Immediately after construction, monitoring of the erosion control systems shall occur until establishment of natural vegetation. Afterwards, vegetated areas shall be maintained as such. Vegetation shall be replaced as necessary to ensure proper stabilization of the site. Cost: Included with annual landscaping budget. Consult with local landscape contractors. Paved Areas: Sweepers shall sweep paved areas periodically during dry weather to remove excess sediments and to reduce the amount of sediments that the drainage system shall have to remove from the runoff. The sweeping shall be conducted primarily between March 151h and November 151h. Special attention should be made to sweeping paved surfaces in March and April before spring rains wash residual sand into the drainage system. Cost:Consult with local landscaping companies for associated costs if necessary. Salt used for de-icing on the roadway during winter months shall be limited as much as possible as this will reduce the need for removal and treatment. Sand containing the minimum amount of calcium chloride (or approved equivalent) needed for handling may be applied as part of the routine winter maintenance activities. Subsurface C amber S ste : The subsurface chamber system shall be monitored annually to ensure that it is draining properly. The outlet control structure shall be checked for debris accumulation twice per year, in the spring and fall. In the case that water remains in the system for greater than three(3)days after a storm event, an inspection is warranted and necessary maintenance or repairs should be addressed as necessary. Confirm that the orifices and outlet pipe in the outlet control structure is not obstructed by debris.The inspections shall be conducted by qualified personnel. Cost;Consult with local landscaping companies for associated costs if necessary. Public Safety Concerns: Manhole covers or inspection port covers shall not be left open and unattended at any time during inspection, cleaning or otherwise. Broken covers or frames shall be replaced immediately. At no time shall any person enter the subsurface structure unless measures have been taken to ensure safe access in accordance with OSHA enclosed space regulations. Rip-Rap O tfall: The rip-rap outfall shall be checked for debris accumulation twice per year. Additional inspections should be scheduled during the first few months to make sure that the outfall is functioning as Intended. Trash, leaves, branches, etc.shall be removed from outfall. Silt, sand and sediment,if significant accumulation occurs,shall be removed as required by means of mechanical excavation. Material removed from the forebay shall be disposed of in accordance with all applicable local,state, and federal regulations. The outfall shall be kept free of woody vegetation and removal of woody vegetation shall be conducted between October 151h and April 15Eh. Any slope erosion within the outfall shall be stabilized and repaired immediately and additional rip-rap added as required. Cost: $50041000 per cleaning if excavator is necessary to remove sediment. The owner should consult local landscape contractors for a detailed cost estimate. Long Term Stormwater Best Management Practices Operation&Maintenance Plan 335 Willow Street, North Andover, Massachusetts July 29,2020 Revised September 14,2020 Page 3 of 4 Debris&Litter: Ali debris and litter shall be removed from the roadway and parking lots as necessary to prevent migration into the drainage system, Pesticides. Herbicidesand Fertilizers: Pesticides and herbicides shall be used sparingly. Fertilizers shall be restricted to the use of organic fertilizers only. All fertilizers, herbicides, pesticides, sand and salt for deicing and the like shall be stored in dry area that is protected from weather. Cost: Included in the routine landscaping maintenance schedule. The Owner shall consult local landscaping contractors for details. Public Safety Concerns:Chemicals shall be stored in a secure area to prevent children from obtaining access to them. Any major spills shall be reported to municipal officials. Prevention of Illicit Discharges: Illicit discharges to the stormwater management system are not allowed. Illicit discharges are discharges that are not comprised entirely of stormwater. Pursuant to Mass DEP Stormwater Standards the following activities or facilities are not considered illicit discharges:firefighting,water line flushing, landscape irrigation, uncontaminated groundwater, potable water sources, foundation drains, air conditioning condensation,footing drains,individual resident car washing,flows from riparian habitats and wetlands, dechlorinated water from swimming pools, water used for street washing and water used to clean residential building without detergents, To prevent illicit discharges to the stormwater management system the following policies should be implemented: 1. Provisions For Storing Materials And Waste Products Inside Or Under Cover 2. Vehicle Maintenance And Washing Controls 3. Requirements for Routine Inspections of the Stormwater Management System (i.e.: subsurface infiltration system and outlet control structure.) 4. Spill Prevention and Response flans. Snow Storage: Property owner shall inform their snow removal contractor of the designated areas for snow storage shown on the Site Layout Plan in the Site Redevelopment Plans. Long Term Stormwater Best Management Practices Operation&Maintenance Plan 335 Willow Street, North Andover, Massachusetts JuLy 29, 2020 Revised September 14,2020 Page 4of4 TABLE 1: MAINTENANCE SCHEDULE FOR DRAINAGE STRUCTURES Structure inspection Maintenance Riprap Outfall Inspect twice a year and after every major storm event* April/October) Sediment to be removed as necessary. Use light equipment to remove the sediment and replace the riprap. Inspections should include the following: Remove debris on top of or at outlet of rprap. • Signs of differential settlement • Signs of erosions Remove vegetation that grows within rprap_ • Sediment accumulation • Signs of dislodgement Infiltration Inspect after every major storm event for first 3 months after construction to Rehabilitate structure if it fails due to clogging as generally evidenced Chambers,Outlet nsure the structures are working properly.* by retention of water for more than 72 hours after a storm event Control Structure, Drain manhole rhereafter,twice a year Remove any obstructions from outlets/pipes April/October) nspections should include the following: • Signs of differential settlement • Erosion • Tree growth on the embankments that were not part of the design plan • Sediment accumulation • Health of turf Cracked/Disconnected Roof Leaders • Clogged orifices,pipe obstructions �--M--aiolstorrn event:31 inches of rainfall in a 24 hour period(2 year storm) ........ ......... ....... . ......... ......... .. ..... .. .._.._.. Stormwater System Maintenance Lora 335 Willow Street, North Andover, MA The Following structures shall be inspected and maintained by the owner. BMP INSPECTION WORK DATE WORK COMMENTS STRUCTURE DATE PERFORMED PERFORMED Storm water Management Infrastructure Underground Infiltration Chambers Outlet Control Structure Drain Manhole Rlprap Outfall