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Home My WebLink AboutConfirmatory Order of Conditions Bk 16147 Pg 256 - Orders Letters and Photos - 505 SUTTON STREET 1/8/2020 4 This Order of Conditions confirms an Order of Conditions recorded with the Essex South Registry of Deeds in Book 16081, Page 148 in which there was an error in paragraph 3 in the spelling of the word "Manager"and to correct the name of the Organization to Sutton Street Redevelopment,LLC. =� r t. t _ r i i i Massachusetts Department of Environmental Protection Provided by MassDEP: i Bureau of Resource Protection-Wetlands n/a Local WPA Form 5 --- Order of Conditions NACC*240 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDbP FileILI eDEP Transadion# North Andover citylrown A. General Information Ple,hisase note: North Andover been modlRed rorinhas 1.From: Conservation Commission been w th added 2,This issuance is for apaw toodate (check one): a.®Order of Conditions b.❑Amended Order of Conditions ! the Reglsliy of Deeds 3.To: Applicant: Requirements Eric B. Loth, Jr., Manager Important: a.First Name b.Last Name When filling Sutton Street Redevelopment, LLC out forma on c.organization the 231 Sutton Street,Suite 1B computer, d.Mailing Address use only the tab key to North Andover MA 01845 move your a.City/Town t.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. vtlns i I a.First Name b.Last Name c.Organization ncn d.Mailing Address e.Cityrrown f.Slate g.Zip Code 6. Project Location: 505 Sutton Street North Andover j a.Street Address b.Cityr town Map 74 Lots 23&54 j c.Assessors Map/Plat Number d.ParceKot Number KyafamSdoe•rev.of 16=1b Page 1 of 12 Bk 16147 Pg257 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands n/a Local NACC#240 Ll WPA Form 5 Order of Conditions nnassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# � North Andover C ityrrown A. General Information (coat.) a. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): _Northern Essex a.County b.Certitfcate dumber(if registered land) 13569 28 c.book d.Page r. Dates: August 28,2019 October 9 2C19 October 24,2019 a.Date[Notice of intent Filed b.Date Public Hearing Closed c.Date of Issuance � a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Multifamily Site Development Mans Sheets C1-13 1_1.1 a.Plan Title Morin Cameron Group, Inc. Scott P, Cameron b.Prepared By c.Signed and Stamped by 08-13-19&08-29-19 V=30 d.Final Revision Date e.Scale See attached for all approved documents f.Additional 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 than 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. ElLand Containing Shellfish °' Prevention of Pollution d. Private Water Supply e. Fisheries f. ® Protection of Wildlife Habitat g. Groundwater Supply h. Storm Damage Prevention i. 10 Flood Control 2, This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. 9 the following conditions which are necessary In accordance with the performance standards set forth to 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. 5v15eform&doe- ray.018=15, Page 2of12 i Bk 16147 Pg258 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource P -Wetlands rotection n/a Local NACG#240 E WPA Form 5 — Order of Conditions MassDP File* Massachusetts Wetlands Protection Act MAL. c. 131, §40 eDEP Transaction L North Andover cityfrown 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. D the Information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the Interests Identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's Interests, and a final Order of Conditions is Issued.A description of the specific Information which Is lacking and why it Is necessary Is attached to this Order as per 310 CMR 10.06(6)(c). 3. El Buffer Zone Impacts:Shortest distance between limit of project 26, 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. El Bank a.linear feet �516ar feet a.linear feet d.linear feet 5. El Bordering Vegetated Wetland a.square feet b.square feet G.square real d.square feet a, El Land Under Waterbodies and a.square feet b.square feet o,square feet d.square feet Waterways 0.c/y dredged dredged T El Bordering Land .................... Subject to Flooding a.square feet b,square feat c.square feet d,square feet Cubic Feet Flood Storage VWbFc-feet f.cubic feat g.cubic feet h,cubic-feet & El Isolated Land Subject to Floodfng a.square feet b.-square feet Cubic Feat Flood Storage o,cubic feet d.cubic feet 'W'cubic f�it-- f.cubic feet 9, El Riverfront Area a,total sq,feet b.total sq.feet Sol ft within 100 ft ........ c.square feet d,square feet c square feet f.square feet Sq ft between 1 DO- 200 ft 9.square feet h,square feet 1,squire-feet J.square feet WPOTOM5AK.fey.6116=16 Pago 3 of 12 Bk 16147 Pg259 #432 4 Massachusetts Department of Environmental Protection Provided by MassOEP. Bureau of Resource Protection -Wetlands n/a Local NACC#240 WP,A Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover citylrown B. Findings (cont.) Coastal Resource Area Impacts:Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lo. C] Designated Port Indicate size under Land Under the Ocean,below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet i c.cly dredged d.c/y dredged 12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. El Coastal Beaches cu cu yd a.square feat b.square feat c.nourishment d.nourishment 14. ❑ Coastal Dunes a,square feet b,square feet a nourishment d,nourishment 15. ❑ Coastal Banks a.linear feel b_linear feet m. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.dy dredged is. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet 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.c/y dredged b.cly dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area A.total sq.feet b.total sq.feet Sq$within 100 H c,square feet d.square feet e,square feet f.square feet f Sq ft between 100- 200 ft g.square feet h.square feel i.square feet i.square feet wpsfcfm5.dac- rev.e(r M16 Pane 4 or 12 Bk 16147 Pg260 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection -Wetlands n/a Local NACC#240 WPA Form 5 - Girder of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transectfo North Andover CltyfTown B. Findings (cont) #23.If the 23. El Restoration/Enhancement project Is for the purpose of restoring or a.square feet of BVW b-square I feet of salt marsh enhancing a wetland resource area 24. El Stream Crossing(s)- In addition to the square footage that a.number of now stream crossings b.number of replacement stream crossings has be in e C. General Conditions- Under Massachusetts Wetlands Protection Act enteTud I Section 84c; (BVM or 8.1 T.0 fail The following conditions are only applicable to Approved projects. Marsh)above, 1. Failure to comply with all conditions stated herein,and with all related statutes and other please enter the additional regulatory measures,shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any Injury to private property or invasion of private rights. 3. This Order does not relieve the 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 then 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, 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(1 1)ft 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not extend the Issuance data 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, fires;ashes, refrigerators, motor vehicles,or parts of any of the foregoing. wpefom$A00-mv.6f1MOIS Bk 16147 Pg261 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection -Wetlands n/a Local NA004240 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. II 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 Local NACC " #240 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$A)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. ti %vpararm5AW•TOV.6116=15 Page 6 of t2 Bk 16147 Pg262 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands n/a Local NACC#7.44 WPA Form 5 — Order of Conditions MassDEP Fife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover cityfrown I C. General Conditions Under Massachusetts Wetlands Protection Act(cunt.) 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 limlt 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: L 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 property 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; ii/. any illicit discharges to the stormwater management system have been removed, as per i the requirements of Stormwater Standard 10; wWomkdoo• rev.611=015 Page 7 of 12 Bk 16147 Pg263 #432 4 Massachusetts Department of Environmental Protection PrGvlded by tvMassDER Bureau of Resource Protection -Wetlands n/a Looa I NACC#244 WPA Form 5 — Order of Conditions NEassDEPFBe# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 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 I 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 0&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 properly 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 t3MPs 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. vmAfarm5.doc• ray.efaewls Page 6 of 12 Bk 16147 Pg264 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands n/a Loca I NACC#240 WPA Form 5 — Order of Conditions MassDEP He# Massachusetts Wetlands Protection Act M.G.L. G. 131, §40 eDEP'Transaction# North Andover citylrown E C. General Conditions Linder Massachusetts Wetlands Protection ARE(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): k 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. ri wpaforcn5.doc• rev.6116=5 Page 9 of 12 Bk 16147 Pg265 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands n/a, Local NA00#240 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# L North Andover CIty/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? 9 Yes No 2. The North Andover -- hereby finds(check one that applies): Conser4ation Corr rniTs--Slon----------- 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 proj mect may not go forward unless and until a revised Notice of Intent is submitted which provides easures which are adequate to meet these standards, and a final Order of Conditions is issued, b. R that the following additional conditions are necessary to comply with a municipal ordinance or bylaw., North Andover Wetlands Protection Bylaw&Regulations Chapt. 190 1.Municipal Ordinance or Bylaw gL s eq. 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 .......................... .................................................... ................... %YpeformS.doo- mv.6116=15 Page 10 of 12 Bk 16147 Pg266 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: 1 LLI\) Bureau of Resource Protection -Wetlands o1p,LWN= N.Aa, � WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEPTransactlon# N City/rown E. Signatures This Order is valid for three years,unless otherwise specified as a special �� '' �'��9 condition pursuant to General Conditions#4,from the date of Issuance. t.Date of Issuance I Please Indicate the number of members who will sign this form. �� 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, r` Signatures. I A E f I I ❑ by bend delivery on by certified mail,return receipt Fequested,on Date Date 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 mall 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 noappellate jurisdiction. I *paramAdoo•rev.WiW016 Page 11 or 12- Bk 16147 Pg267 #432 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands n/a Local NACC#240 WPA Form 5 - Order of Conditions VassDEP He it Massachusetts Wetlands Protection Act M.G.L. o. 131, §40 ebli transaction# ILI 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 Registrys 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: 505 Sutton Street Project Location MassDEP He Number Has been recorded at the Registry of Deeds of: Northern Essex County �t�ii book Pale Sutton'Street Lcclo Eft B. Loth Jr. -Manager for: Property owner and has been noted In the chain of title of the affected property In: 13569 28 Cook Page In accordance with the Order of Conditions issued on: 10-24-19 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 wWomS.doo- row,SIMMS Pop 12 or 12 Bk 16147 Pg268 #432 NACC #240-IVW Regulated Under North Andover Wetlands Protection Bylaw 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 local Bylaw and Regulations, to protect those interests as set forth therein. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: demolition of an existing 2-story building and related utilities, proposed construction of a 3-building, 136-unit multifamily apartment complex with associated surface and below grade parking, grading, utilities, stormwater management, patios and walkways and landscaping. Work related to site grading, construction of a portion of 2 buildings, patio, infiltration trench and landscaping will occur within the 100-Foot Buffer Zone associated with an off-site Isolated Vegetated Wetland, outside the 25'NDZ and no structures are proposed within the 50' NBZ. 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: LEC,dated August 28,2019 Site Plans prepared by: The Morin-Cameron Group, Inc. Signed and Stamped by Scott P. Cameron,PE C.1 - Cover Sheet- Dated 08-29-19 C.2-Existing Conditions Plan, scale 1"-40' -Dated 08-13-19 C.3 -Site Preparation&Erosion Control Plan,scale 1"=30' - Dated 08-13-19 C.4--Site Utility Plan,scale 1"=30' -Dated 09-10-19 C.b---Grading& Drainage Plan,scale 1"=30'--Dated 08-29-19 C.6---Utility Plan,scale 1"=30' -Dated 08-13-19 C.7-Soil Test Pit Logs Plan-Dated 08-13-19 C.8-Construction Details I-Dated 08-13-19 C.9-Construction Details II-Dated 08-13-19 C.10-Construction Details III- Dated 08-13-19 C.11 -Construction Details IV--Dated 08-13-19 C.12-Construction Details V-Dated 08-13-19 C.13 -Construction Details VI-Dated 08-13-19 L1.1 -Planting Plan,prepared by Radner Design Assoc.,Inc. Revision dated August 20, 2019 505 Sutton Street—Map 74 Lots 23 ce 54 NACC File 0240 NACC Findings&Special Conditions Bk 16147 Pg269 #432 NACC## 240—TVW Regulated Under North Andover Wetlands Protection Bylaw Drainage Report prepared by: The Morin-Cameron Group, Inc. Dated May 16,2019**Revised per the following: July 1,2019 Horsley Witten Group Peer Review Letter August 13, 2019 Morin-Cameron Response to Comments August 19, 2019 Horsley Witten Group 2na Peer Review Letter August 29,2019 Morin-Cameron Response to Comments 09/16/19 Email from J. Bernardo of Horsley Witten- approving 08/29/19 Morin-Cameron response Operation & Maintenance Plan &Stormwater Management Key Plan (attached hereto) prepared by: Morin-Cameron Group 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 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 Carder of Conditions, the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC or its agent determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations.. 505 Sutton street—Map 74 Lots 23&54 NACC file#240 NACC Findings&Special Conditions Page 2 of 13 Bk 16147 Pg270 #432 NACC#240—IVW Regulated Under North Andover Wetlands Protection Bylaw 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 thirty days (30, prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to off-site Isolated Vegetated Wetland. These resource areas are significant to the interests of the 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. 31. The NACC previously approved the delineation of the isolated vegetated wetland resource areas under a Determination of Applicability issued on October 27, 2016 as shown on the plans dated referenced herein. 32. 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 twenter�e foot (25) No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. 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 Iiable for any violation of this Order resulting from failure to comply with its conditions. 34. 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 505 Sutton Street—Map 74 Lois 23&54 NACC Pile#240 NACC Findings R Special[Conditions Page 3 of 13 Bk 16147 Pg271 #432 NACC#240—IVW Regulated Under North Andover Wetlands Protection Bylaw 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. 35. 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 36. 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. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "NACC File #240". 39. 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. 40. 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 505 Sutton Street—Map 74 Lots 23&54 NACC Pile 9240 NACC Findings&Special Conditions Page 4 of 13 Bk 16147 Pg272 #432 NACC 4 240—IVW Regulated Under North Andover Wetlands Protection Bylaw contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a copy of the final WPPP (electronic is acceptable), a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42. The 25-Foot No Disturb Zone shall be clearly staked with orange snow fencing in the field prior to work commencing on site. This staking shall be checked prior to start of construction and shall be re-established where missing. Staking shall remain visible and throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 43. All trees slated for preservation shall be conspicuously flagged in the field and labeled "Do Not Cut". 44. .A row of 12" minimum compost mulch sock backed with entrenched silt fence shall be installed along the southerly limit of work as such specification is called out along the easterly limit of work shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed 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 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. 45. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 50 feet of compost mulch sock and silt fence and sufficient stakes for staking. Said sock and fence shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 505 SWIM Street—Map 74 Lois 23&54 NACC File 9240 NACC Findings&Special conditions Page 5 of 13 Bk 16147 Pg273 #432 NACC #240—JVW Regulated Under North Andover Wetlands Protection Bylaw 46. A check payable to the Town of North Andover shall be provided in the amount of twenty thousand dollars ($20,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 47. 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. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an, emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall have the authority to stop construction for erosion control purposes and direct and require corrective actions to be taken. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 48. 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 49. Prior to construction,per the attached annotated sketch the applicant shall permanently mark the edge of the limit of work/edge of erosion control at the 25-' No- Disturbance Zone with a 2' x 2" dry set farmer's type stone wall, to be not less than 50 feet in length to be located between elevation 168 and 167 line and bearing not less 505 Stittoii Street—Map 74 Lots 23&54 NACC File 4240 NACC Findings&Special conditions Pa&e 6 of 13 Bk 16147 Pg274 #432 NACC#240—IV Regulated Under North Andover Wetlands Protection Bylaw than 3 (three) signs or markers spaced evenly along the wall incorporating the following text: "'Protected Wetland Resource Area". This will designate its sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. The wall and these markers shall remain in good condition, posted and be replaced as necessary in perpetuity. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer, 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). JISTORMWATER MANAGEMENT CONDITIONS 52. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 53. All stormwater best management practices shall be annually maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and 505 Stilton Sircct—Map 74 Lois 23&54 NACC File 9240 NACC Findings&Special Conditions Pag 7 of 13 Bk 16147 Pg275 #432 NACC #240 —IVW Regulated Under North Andover Wetlands Protection Bylaw 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. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted in perpetuity. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc,) shall be submitted with annual engineering reports, 54. There shall be no increase in the post develoRment discharges from the site to abuttin properties R,..storm drainage system or any otherchar gesin ost.developmen 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. 55. Water quality in down gradient wetland 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. 56, 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, DURING CONSTRUCTION M 57. IMPORTANT: Immediately upon completion of the building foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S,) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 58. 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. These progress reports can be included as part of the weekly erosion control monitoring reports. 505 Sutton Sircet—Map 74 Lots 23&54 NACC Fih-9240 NACC Fhid6i.gs&Spccial Conditions Page 8 of 13 Bk 16147 Pg276 #432 NACC# 240—IVW Regulated Under North Andover Wetlands Protection Bylaw 59. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 60. Should de-watering activities be anticipated,means and methods shall be reviewed and approved by the Conservation Department. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. 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. 62. 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$1 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. 63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 64. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing then site 65. There shall be no stockpiling of soil or other materials within [twenty-five (25) feet] of any resource area. 505 Sutton Street—Mal)74 Lots 23&54 NACC File 9240 NACC Findings&special Conditions Page 9 of 13 Bk 16147 Pg277 #432 NACC #240—IVW Regulated Under North Andover Wetlands Protection Bylaw 66. Washings from concrete trucks, or surplus concrete, shall be conducted outside the buffer zone and shall not be directed to, any drainage system, or wetland resource area. 67. 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 durnpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash durnpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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. LJ[A�FTERONSTRUCTION 70. 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 Towns Wetland protection Bylaw. 71. 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. 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 Towns Wetland Protection Bylaw and shall remain in perpetuity. 72. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be.displayed in prominent locations. 505 Sutton Street—Map 74 Lots 23&54 NACC File#240 NACC Findings&Special Conditions Page 10 of 13 Bk 16147 Pg278 #432 NACC#240-IVW Regulated Under North Andover Wetlands Protection Bylaw 73. 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. 74. 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, 75. 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. 76. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a, WPA Form SA - "'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. & 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. NOTE: If portions of the storn-Lwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. > "As-Built" post-development elevations and grades on site and of all filled or altered buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw, 505 Sutton Street Map 74 Lots 23&54 NACC File 4240 NACC Findings&Special Conditions Page 11 of 13 Bk 16147 Pg279 #432 NACC#240—IVW Regulated Under North.Andover Wetlands 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 any 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 shall be established from the edge of adjacent wetland resource area. 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; ➢ 25' NDZ Stone Wall and Markers (Condition 449); ➢ Maintenance of catch basins (Condition#59); ➢ Discharge or spillage of pollutants (Condition #69); ➢ Prohibition of underground fuels (Condition #70); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #71 & 72); ➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25--foot No-Disturb Zone. ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. ➢ Stormwater O&M reporting (Condition#53 & 56). 505 Sutton Street—Map 74 Lots 23&54 NACC Pile#240 NACC Findings&Special Conditions Page 12 or 13 Bk 16147 Pg284 #432 NACC # 240—IVW Regulated Under North Andover Wetlands Protection Bylaw APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK ATLEAST ONE BLOCK) I. I 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 number) the North Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose Iand Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 505 Sutton Street—Nlap 74 Lots 23&54 NACC mile#240 NACC Findings&Special Conditions Page 0 of 13 Bk 16147 Pg281 #432 Long Term Stormwater Best_Management Practices Operation and Maintenance Plan for 505 Sutton Street North Andover, Massachusetts Issued May 16, 2019 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 catch basins, area drains, sediment forebays, subsurface infiltration and detention systems and Contech CDS water quality units 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 all altered areas. 4. A Stormwater Management Maintenance Log is included at the end of this Appendix. Basic Information Stormwater Management System Owner: Sutton Street Redevelopment, LLC 231 Sutton Street North Andover, MA 01845 P: (978) 687-6200 North Andover Engineering Department: 231 Osgood Street North Andover, MA 0184S P: (978) 688-9573 North Andover Planning Board: Town Hall 120 Main Street North Andover, MA 01845 P: (978) 688-9535 Bk 16147 Pg282 #432 Eradon and Sedimentafton Controts during Construction; The site and drainage construction contractor shall be responsible for maintaining the stormwater system during construction. Routine maintenance of all items shalt be performed to ensure adequate runoff and pollution control during construction. A proposed silt fence will be placed as shown on the Grading 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. A silt sack will also be placed over the new catch basins once constructed. Operations and maintenance plans for the Stormwater Management construction phase and long term operation of the system have been attached to this report. Genera Conditions 1. The developer shall be responsible for scheduling regular inspections and maintenance of the stormwater BMP"s until such time as the subdivision is accepted by the Town of North Andover at which time the Town shall become the responsible party. The BMP maintenance shall be conducted as detailed in the following Long-term pollution prevention plan and illustrated on the approved design plans: "Multifamily Site Development Plans in North Andover, Massachusetts, 505 Sutton Street", prepared by The Morin-Cameron Group, Inc.dated May 16, 2019 as revised and approved by the North Andover Planning Board. 2. All Stormwater BMP's shalt 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 shalt be included in the Log); b. Make the tog available to the North Andover Engineering Department and Planning Board upon request, c. Allow members and agents of the North Andover Engineering Department and Planning Board 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 ins pection/maintenance schedule shalt be determined based on the level of service for this site. Bk 16147 Pg283 #432 Long-Term Pollution Prevention Plan (LTPPP) Vegetated Areas: Immediately after construction, monitoring of the erosion control systems small 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 15th 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: $100-$300 per sweeping Salt used for de-icing on the driveway during winter months shalt 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. Deep Sump Hooded Catch Basins: The Catch basin grates shall be checked quarterly and following heavy ralnfatls to verify that the inlet openings are not clogged by debris. Debris shall be removed from the grates and disposed of properly. Deep sump catch basins shall be inspected twice per year and cleaned as needed when accumulated sediments exceeds 2' from the bottom of the sump (approximately 1/2 of the sump capacity). Catch basins with hoods shall be inspected annually to check oil build-up and outlet obstructions. Material shall be removed from catch basins and disposed of in accordance with all applicable regulations Cost: Estimated $50 - $100 per cleaning per catch basin as needed. The Owner shall consult local vacuum cleaning contractors for detailed cost estimates. Public Safety Concerns: Catch basins shall not be left open and unattended at any time during inspection,cleaning or otherwise. Broken or missing grates or frames shall be replaced immediately. At no time shall any person enter the basin structure unless measures have been taken to ensure safe access in accordance with OSHA enclosed space regulations. CDS Water Qu&V Units: The CDS Water Quality Units shall be inspected after every major storm event for the first 3 months after construction; a major storm event is 3.9 inches of rainfall in a 24-hour period (5 year storm). Thereafter, the system shall be inspected twice per year in April and October. The units shall be cleaned per manufacturer's instructions included herein. Cost: The owner shall consult local landscaping contractor for details. Public Safety Concerns:The manhole covers shall not be left open and unattended at any time during inspection, cleaning or otherwise. Broken covers or frames shall be replaced immediately. Bk 16147 Pg284 #432 Subsurface Infiltration&Detention System, The subsurface Infiltration and detention systems shalt be monitored annually to ensure they are draining property. The outlet structure shalt be checked for debris accumulation twice per year, in the spring and fall. In the case that water remains in the detention system for greater than three (3) days after a storm event,an inspection is warranted and maintenance or repairs should be addressed as necessary. Confirm that the low flow outlet in the outlet structure is not obstructed by debris.The inspections shalt 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 shalt not be left open and unattended at any time during inspection, cleaning or otherwise. Broken covers or frames shalt be replaced immediately. At no time shalt any person enter the subsurface structure unless measures have been taken to ensure safe access in accordance with OSHA enclosed space regulations. 512ne Infiltraf n T cites; The stone infiltration trench shalt be checked regularly to ensure that the surface is free of debris such as Leaves, sticks and trash. Remove and dispose of any debris. If surface ponding is visible, remove top course of crushed stone and accumulated sediment and replace with clean stone. Material removed from the basin shalt be disposed of In accordance with all applicable local,state,and federal regulations. In the case that water remains in the infiltration facilities for greater than three (3) days after a storm event, an inspection is warranted and necessary maintenance or repairs should be addressed as necessary. Cost:$500-$5,000 per cleaning depending on the volume of material/liquids that need to be removed. Overatt Site Grading and'St orm-w-ater-Manam—nLtnt. After construction, and during the initial vegetation establishment period,the site should be inspected after every raLnfa(L Mowing, titter removal,and spot vegetation repair should be performed on a regular basis. P—ellrLm&Litter: Ail debris and litter shall be removed from the driveway/parking area as necessary to prevent migration into the drainage system. Pestfiddes. HerbLdWes, and FeLlffiggrg Pesticides and herbicides shalt be used sparingly. Fertilizers shalt be restricted to the use of organic, stow release nitrogen fertilizers only. All fertilizers, herbicides, pesticides, sand and salt for deicing and the like shalt be stored in dry area that is protected from weather. Cost: Included in the routine Landscaping maintenance schedule. The Owner shalt consult Local landscaping contractors for details, Public Safety Concerns:Chemicals shalt be stored in a secure area to prevent children from obtaining access to them. Any major spills shalt be reported to municipal officials. re enticeof I t Discharges: Illicit discharges to the stormwater management system are not allowed. (((ic(t discharges are discharges that are not comprised entirety of stormwater. Pursuant to Mass DEP Stormwater Standards the following activities or facilities are not considered itticit 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 Bk 16147 Pg285 #432 and wetlands, DE chlorinated 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 (Le.: catch basins, sediment forebays and area drains,CDS water quality units &subsurface infiltration and detention systems.) 4. Spill Prevention and Response Plans. Bk. 16147 Pg286 #43 St+a wa r System i ten nc LrA 50$Sutton Street North Andover,MA BMP INSPECTION W FtK DATE WOK MMMENTS STRUCTURE DATE PERFORMED PERFORMED Catch Basin t Catch Basin 2 Catch Basta 3 Catch Basin 4 Catch Basin 6 Drain Manhole 1 Drain Manhole 2 Contech COS 1 Contech COS•2 Contech CO" +pullet Control Structure 1 Area Drain 1 Area Drain Area Drain 3 Area Drain 4 Area Drain 5 Area Draln 6 Area Drain 7 Area Drain 0 Bk 16147 Pg287 #432 Stormwater System Maintenance Log 505 Sutton Street North Andover,MA BMP INSPECTION WORK DATE WORK COMMENTS STRUCTURE DATE PERFORMED PERFORMED Trench Drain 1 Trench Drain 2 Infiltration System 1 Infiltration System 2 Infiltration System 3 Infiltration System 4 Detention System 1 Infiltration Trench Additional Comments: NOTE: All structures to be inspected at least two times per year.Refer to 0&M plan dated 5115119. Bk 16147 Pg288 #432 SUTTONSWET z jr� AD-0———— AD" INFILTRATION SYM 1 AD—Se CB AD AREA DRAIN -1 CB CATCH BASIKam, N CDS HYDRODYNAMIC SEPARATOR H— DMH DRAIN MANHOLE 0 TO TRENCH DRAIN Q Lam? J DMH—F— Ca— _cB_ P M DM710N SYSTW cl I TD-2 _j INFILTRATION 9ii SYSTE�? OCS 2 kM INFILTRATION JMCH PLAN SCALE: 1" = 60' 60 120 The, STORMWATER MANAGEMENT Morin-Cameron KEY PLAN Em AT- CIVIL ENGINEERS I ENVIRONMENTAL CONSULTANTS/ 505 SUTTON STREET LAND SURVEYORS I LAND USE PLANNERS NORTH ANDOVER, MASSACHUSETTS am WRM.omm VAMADWWM 6o'erP.,M"M4W R 0&774,4K W.WWWXQRWJN8M00M AUGUST 13, 2019 J� P ��' �. 1 �7r / illl Bk 16147 Pg290 #432 Maintenance Cleaning The CDS system should be inspected at regular intervals and Cleaning of a CDS systems should be done during dry weather maintained when necessary to ensure optimum performance. conditions when no flow is entering the system.The use of a The rate at which the system collects pollutants will depend more vacuum truck is generally the most effective and convenient heavily on site activities than the size of the unit. For example, method of removing pollutants from the system.Simply remove unstable soils or heavy winter sanding will cause the grit chamber the manhole covers and insert the vacuum hose into the sump. to fill more quickly but regular sweeping of paved surfaces will The system should be completely drained down and the sump slow accumulation. fully evacuated of sediment.The area outside the screen should also be cleaned out if pollutant build-up exists in this area. Inspection In installations where the risk of petroleum spills is small,liquid Inspection is the key to effective maintenance and is easily contaminants may not accumulate as quickly as sediment. performed. Pollutant transport and deposition may vary from However,the system should be cleaned out immediately in year to year and regular inspections will help ensure that the the event of an oil or gasoline spill should be cleaned out system is cleaned out at the appropriate time. At a minimum, immediately.Motor oil and other hydrocarbons that accumulate inspections should be performed twice per year(e.g.spring on a more routine basis should be removed when an appreciable and fall)however more frequent inspections may be necessary layer has been captured.To remove these pollutants,it may in climates where winter sanding operations may lead to rapid be preferable to use absorbent pads since they are usually less accumulations,or in equipment washdown areas, Installations expensive to dispose than the oil/water emulsion that may be should also be inspected more frequently where excessive created by vacuuming the oily layer.Trash and debris can be amounts of trash are expected. netted out to separate it from the other pollutants. The screen The visual inspection should ascertain that the system should be power washed to ensure it is free of trash and debris, components are in working order and that there are no Manhole covers should be securely seated following cleaning blockages or obstructions in the inlet and separation screen, activities to prevent leakage of runoff into the system from above The inspection should also quantify the accumulation of and also to ensure that proper safety precautions have been hydrocarbons,trash,and sediment in the system. Measuring followed.Confined space entry procedures need to be followed pollutant accumulation can be done with a calibrated dipstick, if physical access is required.Disposal of all material removed tape measure or other measuring instrument.If absorbent from the CDS system should be done in accordance with local material is used for enhanced removal of hydrocarbons,the level regulations.in many jurisdictions,disposal of the sediments may of discoloration of the sorbent material should also be identified be handled in the same manner as the disposal of sediments during inspection.It is useful and often required as part of an removed from catch basins or deep sump manholes. operating permit to keep a record of each inspection. A simple form for doing so is provided. r Access to the CDS unit is typically achieved through two manhole access covers. One opening allows for inspection and cleanout of the separation chamber(cylinder and screen)and isolated sump. The other allows for inspection and cleanout of sediment captured and retained outside the screen. For deep units,a single manhole access point would allows both sump cleanout and access outside the screen. The CDS system should be cleaned when the level of sediment has reached 75%of capacity in the isolated sump or when an appreciable level of hydrocarbons and trash has accumulated. if absorbent material is used,it should be replaced when ` significant discoloration has occurred. Performance will not be impacted until 100%of the sump capacity is exceeded however � y it is recommended that the system be cleaned prior to that for easier removal of sediment. The level of sediment is easily determined by measuring from finished grade down to the top of the sediment pile. To avoid underestimating the level of sediment in the chamber,the measuring device must be lowered to the top of the sediment pile carefully. Particles at the top of the pile typically offer less resistance to the end of the rod than consolidated particles toward the bottom of the pile. Once this measurement is recorded,it should be compared to the as-built drawing for the unit to determine weather the height of the sediment pile off the bottom of the sump floor exceeds 75%of 3 v the total height of isolated sump. Diameter Distance from Water Surface Sediment Storage Capacity to Top of Sediment Pile CDS Model ft m ft m Y3 m3 }IR �r x �... -•ems LL _ _ 1 /t`:`� ' I. ..a��L f it 711 Support • Drawings and sppcifi•,ations arc ay.]ila We a[vrvx+.contcchstormwater.co:n. • Site-specific design support is available from our engineers. T,2017 Contech Engineered Salutions LLC,a QUIKRETE Company Contech Engineered$01u11on5 LLC pm•ride9 site solutions for the civ,f englneorin9 industry.Contech%porlfoiio includoe bridges,drainage,sanitarf server, stoim�vater,carlh stabiilzation and v.,astetvater trcament products.ror infotma6on,visit vrvnv.ContechES.com or call S00.33M 122 NOTHING IN TFIIS CATALOG SIiOULD 0E CONSTRUED AS AN EXPRESSED WARRANTY OR AN IMPLIED WARRANTY OF MERCI[AWABILI TY OR NTNESS FOR ANY VAR71CQLAR PURPOSE SEr THE CONTECI t STANDARD CONMV014 OF SALFS(V$MABL5 AT%6AM.00NTECNES.001,liC0S)FOR MORE INFORMATION. The prcdud(s)deuribed stay 1'c protected by one or more of the foRo}atng US patents: 5,322,G29;5,G24,576;5,707,527,5,759.415.5,788,84B; 5.985,157;6,427,G39,6,350,374:6.406,218;6,641,720;6.511,595;6,649.048;6,991,114;6.998,036:7,186,058:7,796.692;7,297,266;7.S17.45q related forclgn patents or other patents pending. Bk 16147 Pg292 #432 I CDS Inspection • . CDS Model: Location: Water Floatable Describe Date depth to Layer Maintenance Maintenance Comments sediment' Thicicnessz Performed Personnel t. The water depth to sediment is determined by taking two measurements with a stadia rod:one measurement from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface. If the difference between these measurements is less than the values listed in table t the system should be cleaned out. Dote:to avoid underestimating the volume of sediment in the chamber, the measuring device must be carefully lowered to the top of the sediment pile. 21 For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness.In the event of an oil spill,the system should be cleaned immediately. t65 Nizin[pnanit Guxit-7118(ppF)