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HomeMy WebLinkAbout- Permits #242-1752 - 1270 TURNPIKE STREET 1/20/2021 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town A. General Information Please note: North Andover this form has 1. From: been modified Conservation commission vvith added 2. This issuance is for spaceto a.El order of conditions b.0 Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements David Sampson a,First Name b. Last Name Important: When filling 1270 Turnpike, LLC out forms on c.Organization the 51 Elliott Street computer, d.Mailing Address use only the tab key to Danvers MA 01923 move your e.Cityfrown f.State g;.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a.First Name b. Last Name c.Organization, reran d.Mailing Address ..... ................. e.City/Town f,State g.Zip Code 5. Project Location., 1270 Turnpike Street North Andover a.Street Address b.City/Town Map 107A Lot 148 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: .42d64m873s 71d09m141s d.Latitude e. Longitude Nvpaform5.doc rev 511812020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands, Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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) 14689 155 c.Book d.Page 7. Dates: 03-05-19 NOI 0�3-27-19 Orig. 04-16-19 11-05-20 Amendment 01-13-21 Amend. 01-20-21 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See Attached List of Approved Amended Documents a. Plan Title b.Prepared By c.Signed and Stamped by d,Final Revision Date a,Scale - .............T 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 that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. M Public Water Supply b. E Land Containing Shellfish c' M Prevention: of Pollution d. Z Private Water Supply e. EI Fisheries E Protection of Wildlife Habitat g. Z Groundwater Supply h. ED Storm Damage Prevention i. Z Flood Control 2. This Commission hereby finds,the project, as proposed, is: (check one of the following boxes) Approved subject to: a. Z the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that alll 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. wpaform&doe rev 51181202G Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided by MassIDER Bureau of Resource Protection -Wetlands 242-1752 -Massa FP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town 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 uniles,s 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. F1 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. F-1 Buffer Zone Impacts: Shortest distance between limit of project a.-linear feet disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4, 1771 Bank a.linear feet 7 b.linear feet c.linear feet d. linear feet 5. El Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. 171 Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f. dy dredged! 7. F1 Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d,square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8, [:] Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 3620 3620 9. 0 Riverfront Area -- '. a.total sq.feet 6."total sq.feet Sq ft within 100 it c,square feet d.square feet e.square feet f.square feet Sq ft between 100- 3620---- 3620 ......- 200 ft g.square feet h,square feet i.square feet }.square feet wpaform5.doc rev 5/1 812 02 0 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# LI -1 North Andover CityfTown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lc. n Designated Port Indicate size under Land Under the Ocean, below Areas 11. El Land Under the Ocean a.square feet b.square feet c.cty dredged d.cly dredged 12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. El Coastal Beaches cu yd a.square feet b.square feet c.nourishment d,nourishment 14, El Coastal Dunes cu yd _cu yd . a.square feet b.square feet c. nourishment d. nourishment m Coastal Banks a, linear feet b.linear feet is. ❑ Rocky Intertidal Shores a.square feet b,square feet 17. El Salt Marshes a.square feet b,square feet c.square feet d.square feet 18. F1 Land Under Salt Ponds a.square feet b.square feet c.cly dredged d.c/y dredged ig, F1 Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet M ❑ 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.c/y dredged 21. ❑ Land Subject to -- Coastal Storm a.square feet b.square feet Flowage 22. E] Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d,square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.—square feet i.square feet Ji.square feet wpaform5.doc•rev 511812020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1762 MassDEP File# WPA Form 5 - Order of Conditions L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City[Town B. Findings (cont.) •#23.If the 21 171 Restoration/Enhancement project is for the purpose of restoring or enhancing a a.square feet of BVVV b.square feet of salt marsh wetland resource area 24, [:1 Stream Crossing(s): in addition to the square --- footage that a.number of new stream crossings b.number of replacement stream crossings has been, C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVVV)or The following conditions are only applicable to Approved projects. B.1 Tc(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed'cause to revoke or modify thus Order. amount here. 2, The Order does not grant any property rights or any exclusive privileges; it does not authorize any iinjury 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 CM R 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 04-16-22 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaform5.doc•rev 5/1812020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MiassDEP: Bureau of Resource Protection - Wetlands 242-1752 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e-DEP Transanfion# North Andover CityrFown C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has, become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10, A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1752 111. 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. YMafcrm5.doc-rev M812020 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassIDEP: Bureau of Resource Protection -Wetlands 242-1752 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tiarisaction# North Andover CityTrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been,fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19!. The work associated with this Order(the "Project") (1) [0 is subject to the Massachusetts Stormwater Standards (2) El 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; fi. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpatorm5.doc•rev 5118/2020 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 _MasIP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover Cityrrown 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. 0 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 5/1812020 Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection,Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover CityrFown 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 BM!P established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(1 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. vipaform5,doc-rev 5/1812020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1752 -Mass D-'—EP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDE Transaction# ILI North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1, Is a municipal wetlands bylaw or ordinance applicable? Z Yes 171 No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. El that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. 0 that the,following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chapt. 190 1.Municipal Ordinance or Bylaw et. seq. 3. The Commission orders that WI work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Amended Findings & Special Conditions attached) wpaform5.doc-rev 511812020 Page 1Q of 13 4, Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection — Wetlands 242-1752 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover CitylTown E. Signatures This Order is valid for three years, unless otherwise specified as a special 01-20-21 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 Conservation Co fission -See fl.E.R.D. Book: 16327 1'qge:..22 J./ Amy R. Maxner, Conservation signature Administrator—_- — v Y Signature Printed Name Louis Napoli, Chair Signature Printed Name Albert Manzi, Jr. Sig—nature Printed Name John Mabon Signature Printed Name Joseph L rnoh Signature Printed Name Tony Ca achiette Signature Printed Name Signature Printed Name by hand delivery on by certified mail, return receipt requested, on 01-20-21 Date Date wpaform5.doo rev 5118/2020 Pagel 1 of 13 4 Massachusetts Department,of Environmental Protection Provided by MassDEP: 242 Bureau of Resource Protection - Wetlands -1752 MassIDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# L11- North Andover 6ayiiOwn 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 5/10/2020 Page QM13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1752 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover CityfTown 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: 1270 Turnpike Street 242-1752 Project Location MassDEP Fite Number Has been recorded" at the Registry of Deeds of: Northern Essex County Book Page for: David Sampson — — Property Owner and has been noted in the chain of title of the affected property in: 14689 155 Book Page In accordance with the Order of Conditions issued on: Original OOC issued on 04-16-19; Amendment issued on January 20, 2021 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 wpafofm5.doc•rev 511812020 Page 13 of 13 DEP FILE#242-1752 AMENDED ORDER OF CONDITIONS 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 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: Site improvements include vegetation removal,filling and grading,fencing and retaining wall and stair construction. Work is within Riverfront Area and the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW), Waivers have been granted for work in the 25-foot No-Disturbance Zone (all new structures will be outside the 50-foot No-Build Zone). AMENDED scope of work includes: expansion of paved parking (9 new spaces), installation of new catch basins, milling and grading portions of existing paved areas to improve stormwater treatment, restripe existing paved parking areas, installation of fencing and landscaping. Portions of this work is located within the 25" NDZ and 50' NBZ, but all areas of work are within existing paved or previously developed footprints, therefore resulting in no new encroachment into these zones. This amended scope of work was reviewed and approved by the Planning Board under a Site Plan Special Permit Modification on December 15, 2020. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Property Owner/Applicant: David Sampson 1270 Turnpike LLC 51 Elliot Street Danvers, MA 01923 Documents: Notice of Intent Application including W,TA Form 3 - Notice of Intent Received: February 28, 2019 Including Application Checklist, Project Description, Stormwater Checklist&Report, Waiver Request, Filing Fee Information, Abutter Information, Locus Map, FEMA Map, and North Andover Riverfront Area Map. Stormwater Report Prepared by: Hancock Associates 185 Centre Street, Danvers, MA 01923 1270 Tumpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page I of 14 DEEP FILE #242-1752 AMENDED ORDER OF CONDITIONS Stoneham,MA 02180 Date: February 2019 Stamped by: Deborah L. Colbert, P.E. Plan to address proposed slope cutting and filling Letter from Division of Fisheries &Wildlife NHESP File No.: 19-28431 Date: March 13, 2019 Representative: Ann McMenemy Hancock Associates Danvers, MA 01923 Site Plans prepared by: Hancock Associates Titled: Site Plan- #1270 Salem Turnpike Dated: 1/22/19 Last revised: 3/18/19 Scale 1"=20' Signed and Stamped by Deborah L. Colbert, P.E. AMENDED DOCUMENTS: Property Owner/Applicant: David Sampson 1270 Turnpike LLC 51 Elliot Street Danvers, MA 01923 Representative: Deb Colbert,Hancock Associates Amended Plans/Documents: "Grading & Drainage Plan, Cl", prepared by Hancock Associates, signed & stamped by Deborah L. Colbert, Scale 1"=20', revision dated December 15,2020'; "Layout&Materials Plan, C2", prepared by Hancock Associates, signed & stamped by Deborah L. Colbert, Scale 1"=20', revision dated December 15, 2020; Operation & Maintenance Plan 1270 Turnpike (3 pages) Prepared by Hancock Associates, signed by David Sampson on December 8, 2020 & Deborah Colbert on December 11,2020. 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 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 2 of 14 DEP FILE #242-1752 AMENDED ORDER OF CONDITIONS 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 Wetland Bylaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume-until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 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,bylaws 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 thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of tl'ie North. Andover Wetland Reguldions). 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. 1270'Furnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 3 of 14 DEP FILE# 242-1752 AMENDED ORDER OF CONDITIONS 31, This Order of Conditions is issued in addition to those issued under File Nos. 242-960 and 242-1095. A Certificate of Compliance was issued for File No. 242-1095 on March 29, 2007. A Certificate of Compliance was not issued for File No. 242-960 and shall be obtained prior to the start of work. 32. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33. The following wetland resource areas are affected by the proposed work: Riverfront Area and Buffer Zone to, Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of'the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 34. The NACC agrees with the applicant's delineation of the wetland resource areas as shown on the plans dated referenced herein. 35. The NACC finds that the intensive use of the upland areas and buffer zones 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-Build Zone shall be established from the edge of BVW except as shown on the herein referenced plan (as allowed by DEP File #242-1095 and the herein referenced waiver). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appeiidix F of the local Regulatims). 36. Riverfront alteration for this application is calculated as 3,275 s.f. with Riverfront Area (RA) on the lot documented as 41,077 s.f. Riverfront alteration was not included in any of the previous filings. This is less than the 5,000 s.f. or 10% allowed under 310 CMR 10.58. This calculation remains unchanged as the amended scope of work does not occur within the Riverfront Area. 37. 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. 38. 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. 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 4 of 14 DEP FILE # 242-1752 AMENDED ORDER OF CONDITIONS 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. 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. This Order shall be recorded by the applicant at the Registry of Deeds inu-nediately 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 conu-nencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 41. A sign 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 242-1752." 42. Any other 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. No work shall begin on a project until written approval has been granted by the NACC, 43. 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. 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 5 of 14 DEP FILE #242-1752 AMENDED OIWER OF CONDITIONS 44. Prior to the start of work the owner/applicant shall provide proof of maintenance of the storniwater management system. This is required in perpetuity by Conditions #62- 67 of DEP File #242-1095 (see Operation/maintenance plan attached). Proof of maintenance by a Registered Professional Engineer shall be provided per perpetual conditions cited above. 45. Prior to addition construction, the applicant shall permanently mark the limit of clearing/25-foot No-Disturbance Zone with signs or markers spaced evenly approximately every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). Markers shall also be placed on mature trees at the existing tree line along the driveway. These markers will designate the sensitivity of the resource area 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. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2, round and $3 square). 46. Signage for snow storage and de-icing management shall adhere to the following conditions: a. No Salt Zone &No-Snow Stockpiling Signs shall be installed on site. The quantity of signs and their locations shall be coordinated with the Conservation Administrator prior to their installation. b. All areas, that have been designated for allowable snow storage shall be clearly marked with signage. c. The above-referenced signage shall remain posted and be replaced as necessary in perpetuity. 47. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a dated and detailed sequence of construction, including the installation of erosion controls,fencing, tree removal,filling and grading,retaining wall and stair construction,n-tonumentation, and final stabilization. Sequencing shall reflect the recommendation of the Division of Fish &Wildlife that tree clearing and fence installation occur between October 15 and March 15 (see herein referenced letter). 48. A play area, including play structure and appropriate surface, were initially proposed as part of this proposal. This work was not approved and was removed from the plan. If a play area/structure is proposed, a design must be submitted to the NACC for approval. A modification or amendment may be required. 1270 Turnpike Street—DEP 11242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 6 of 14 DEP FILE #242-1752 AMENDED ORDER OF CONDITIONS 49. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. 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. 50. A compost or bark mulch filter sock (minimum 12"), backed by trenched and staked siltation fencing where required, shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein (respecting site phasing per the Fish &Wildlife letter) 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. 51. The applicant shall have on hand at the start of any soil disturbance., removal or stockpiling, a minimum of an extra 50 (fifty) feet of approved erosion controls and additional stakes for staking. Said erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion, 52. 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 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. 1270Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 7 of 14 DEP FILE # 242-1752 AMENDED ORDER OF CONDITIONS 53. 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 be given the authority to stop construction for erosion control purposes. 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. 54. 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 photos 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. 55. 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. 56. 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 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, 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 4 of 14 DEP FILE # 242-1752 AMENDED ORDER OF CONDITIONS subcontractors and other personnel performing the permitted work are fully aware of the permits 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). STORMWATER MANAGEMENT CONDITIONS 57. 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. 58. Water quality in down gradient resource areas 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. 59. In addition to the Long-Term Maintenance proposed in the herein referenced Stormwater Management Report (attached), the perpetual conditions for stormwater maintenance in the Order of Condition issued under DEP File #242-1095 shall continue (see attached). The Amended scope of work includes installation of new catch basins and an accompanying Operation& Maintenance Plan dated December;8, 2020 has been submitted which shall be adhered to long term. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 60. The applicants, owners, and their successors and assignees, shall maintain,in perpetuity, all culverts, collections basins, traps, outlet structures, infiltration structures, and other elements of the drainage system, 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 61. Upon beginning work, the applicant shall submit written progress reports weekly (as part of the erosion control monitoring report Condition#51 above) detailing what 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 9 of 14 DEP FILE 4 242-1752 AMENDED ORDER OF CONDITIONS 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. 62. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Welland Bylaw. If 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. 63. The existing parking area shall serve as the construction entrance for the project. Paved areas shall be swept daily to,remove sediment deposited by construction vehicles accessing then site. If necessary, as determined by the environmental monitor or the Conservation Department, a stone construction entrance shall be installed to limit sediment tracking onto paved surfaces. 64. Any fill used in comiection 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. Any fill imported to the site must be accompanied by a certificate of origi or an analysis certifying.cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 65. 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, learned and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or other stabilization method (as directed by the Conservation Department) 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 as directed by the NACC. 66. 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. 67. There shall be no stockpiling of soil or other materials within 50-feet of any resource area, Stockpiled materials shall be stored within erosion controls or trucked off site. 68. All catch basins and any other stormwater inlets on the site or within 100 feet of the project shall be protected by silt sacks to prevent sediment from entering the drainage system. Silt sacks shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this order have been permanently stabilized and the NACC or its agent has formally approved their removal. 1270'furnpike Street—D,EP 11242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 10 of 14 DEP FILE # 242-1752 AMENDED ORDER OF CONDITIONS 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department, 70. 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 50' of areas subject to protection under the Act or local Bylaw. 71, Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 73. Prior to the issuance of a Certificate of Compliance, the on-site stori-nwater BMPs shall be inspected and cleaned - an invoice/bill of lading for these activities shall be provided to the Conservation Departnient to verify compliance. 74. Excess snow shall be removed from the site once the designated snow storage areas have reached their capacity. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 75. 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 Town's Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 76. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area. 1270 Turnpike Street--DEP 4242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page I I of 14 DEP FILE #242-1752 AMENDED ORDER OF CONDITIONS Pesticides and herbicides shall not be,used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 77. There shall be no dumping of leaves, grass clippings, brush, dog waste, or other debris into a wetland resource area or beyond the No-Disturbance Zone demarcated by the posts and/or wetland markers. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 78. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 79. 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. 80�. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted, f. The street address and assessor's map/parcel number for the project. g. The DEP file number, h, A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the 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, in the same scale as the record plan referenced herein, prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,,for the public record and. 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 stormwater systems exist partially within the 1270 Turnpike Street—DEP#242-1752 AMENDED,ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 12 of 14 DEP FILE 9 242-1752 AMENDED ORDER OF CONDITIONS Buffer Zone then the entire structure must be depicted to accurately verify compliance. ➢ "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 all structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. ""Work"' includes a disturbance of soils or vegetation, ALly Location of all subsurface utilities entering the property. Location of No-Disturbance Zone posts with markers. 81. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25" No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas on lot except in those locations approved under DEP # 242-1752. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See Section 3.1 and 3.4 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#35); Resource Area Markers (Condition #45); Snow management signage (Condition #46); ➢ Operation & Maintenance (Condition #59); Discharge or spillage of pollutants (Condition #72); Removal of snow from site once snow storage capacity is met (Condition #74); Prohibition of underground fuels (Condition#75); Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #76); Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #77). 1270 Turnpike Street—DEP#242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditions Page 13 of 14 DEP FILE 9 242-1752 AMENDED ORDER OF CONDITIONS APPENDIX A-AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCIO I. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this—day of 20 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 20 .............._...— (Signature-authorized agent of applicant or owner) 1270 Turnpike Street—DEP 4242-1752 AMENDED ORDER OF CONDITIONS—NACC Findings&Special Conditiotis Page 14 of 14 HANCOCK ASSOCIATES Surveyors I Eiigiiieers I Scientists 21942 operation and Maintenance Plan 1270 Turnpike Street N. Andover, MA 01945 An Operation and Maintenance Plan shall be developed and Implemented to ensure that Stormwater Management Systems function as designed. STORMWATER OPERATION AND MAINTENANCE PLAN Mr. David Sampson—Owner/Applicant I certify under penalty of law that the Owner/Applicant and Its associated entities established for purposes of ownership,operations and maintenance of the property located at 1270 Turnpike Street North Andover, MA 01945, is solely and legally responsible for implementing the Stormwater Operation and Maintenance Plan.The Owner/Developer has reviewed said plan and fully accepts all responsibilities inherent therein; including inspection,maintenance, repair, modification and/or replacement of the drainage systems as may be required to maintain intended functions.The Owner/Developer shall file yearly maintenance reports including annual certification that the plan has been fully implemented as outline herein. Furthermore,the Owner/Developer understands various stormwater management systems have a certain life expectancy and that replacement of system components will be required.The Owner/Developer accepts all financial responsibilities associated with future replacements. NameO- � /al-z— Title: Ow &*x- Date: 185 Centre Street I Danvers, MA 01923 1 V. 978-777-3050 1 R'9,78-774-7816 1 HancockAssociates.com BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA I CONCORD, NH �������� �� /� [�� .& �� .�� ASSOCIATES Surveyors | Engineers | Scientists 21942 Deep Sump Hooded Catch Basins &Drain Manholes Inspect or clean deep sump catch basins&drain manholes four times per year at the end of the foliage and snow removal seasons. Sediments must also be removed when the depth of deposits|sgreater than or equal to one half the depth from the bottom of the lowest pipe,in the basin. Vacuum trucks are tnbe used to remove trapped sediment and supernatant. Although catch basin @ manhole debris often contains concentrations of oil and hazardous materials such as petroleum hydrocarbons and metals, &qaoxDEP classifies them as solid waste, Any contaminated materials must bo evaluated imaccordance with the Hazardous Waste Regulations, 310 CMR 30,00, and handled as hazardous,waste. MassDEP regulations prohibit landfills from accepting materials that contain free draining liquids. Annual Inspection &Maintenance Report Attach additional pages as required to fully document conditions and maintenance performed. Date Inspector Condition Maintenance Performed* Dash Drains Present:sediment Pumped and cleaned out catch basins 12.2.20 Beverly, MA &debris & Drain Manholes *Receipts must be attached to report showing payment for maintenance performed. 185 Centre Street | Danvers, K4/\O1g23 | V. 978-777-3OG0 U F. 978-774-7816 | Hancnck4ssociates.conm 8OSTON, CHELMSFORD, DANVERS, M4RLBOROUGH, NEVVBURYPORT, PR\NCETUN. MA I CONCORD, NH �� ��� ~� - `� ~~ ~~K � ������� � ,����^�"��c^x,u� Surveyors | Eogjumorm | 8cinobaie 21942 Downstream Defender Ats minimum, |t|s recommended to have annual inspections. Initially,the Downstream Defender should be inspected and pumped every 6 months forthe first year of operation. For subsequent years, the inspection should be adjusted based upon previous observation of sediment deposition. Annual Inspection &Maintenance Report Attach additional pages as required to fully document conditions and maintenance performed. Date Inspector Condition Maintenance Performed* Dash Dra,ins Present.sediment Pumped and cleaned out Defender 12.2.20 Beverly, MA &debris *Recelpts must be attached to report showing payment for maintenance performed. Snow Removal There are dedicated locations for snow storage. If these areas are not suff ic�ent storage,then the snow will be loaded and trucked off-site 1oeo appropriate location. 185 Centre Street | Danvers, K4A01923 | V. 978-777-305U | F. 978-774-7816 | Mancuck/\ssociateo.cono 8OSTC)N, CHELM5F()RD, DANVERS, K4ARLQOROVGH, NEVV8URYPURT, PR]NCETON, MA U CONCORD, NH Standard 9- Operations and Maintenance flan Vegetated Areas Maintenance .Although not a structural component,the maintenance of lawn areas may affect the resource area.This includes the bealth/density of the lawn and activities such as the application and disposal of lawn and garden care products,disposal of leaves and yard trimmings. Initial Post-Construction Inspection During the initial period of the lawn establishment shall be inspected twice in first year by contractor,or owner.Any dead lawn ffound after the first year will be replaced, Long-Term Maintenance The lawn shall be inspected on a semi-annual basis and any litter removed.Weeds and invasive plant species shall be removed by hand.Leaf litter and other detritus shall be,removed twice per year. Pesticidefflerhicide Usage No pesticides are,to be used unless a single spot treatment is required for a specific control application. DANVERS OFFICF, MARLBOROUGH OFFICE 185 Centre Street,Danvers,MA 01923 315 Ehn Street,Marlborougb,MA 01752 Thorne:(978)777-3050 Fax:(978)774-7816 Phone. (508)460-1111 Fax:(508)460-1121 www.bancookassociates-com Operation/maintenance plan The BMPs associated with this project will be owned by Seven Hills Foundation. Any accumula,ted sediment should be removed from 'catch basins dry wells and all drainage pipe inlets and outlets as soon as possible after heavy precipitation and revery spring. Construction Phase 1) The contractor is to.instaft and maintain drainage facilities as shown on plan(117201,by. IMF Design Consultants, Inc., dated July, 2001,revised October, 2001). 2) All construction of drainage facilities is to be inspected by inspectors from the Town of North Andover and NW Design Consultants;Inc. to verify conformance to the design plan, Post-Development Phase The owner/occupant is to be responsib le for maintenance of all drainage structures in the project-including roof drains, drain pipes, sediment removal and detention systems. The owner is Seven 11ills Foundation,who will be responsible for compliance with this 0&M Plan, Regular maintenance is to include the following- 0 Trash removal is to be contracted on a weekly basis. * Sweeping of parking area is to be done every month. e No do-icing chemicals are to be used within the I 00-foot buffer zone. * Snow is to be stored outside the-I 00-fo ot buffer zone such that melt-water-flows into the stormwater tr eatmeht facilities for TSS removal. * Cleaning of the Detention System every 3 months and the "Downstream Defender" as suggested by manufacturer. e Inspection of all drainage pipe Wots/outlets and Detention System every three months. e Inspection and cleaning of all Catch Basins,every three months or after all severe storms.