HomeMy WebLinkAbout- Permits #242-1752 - 1270 TURNPIKE STREET 1/20/2021 4
Massachusetts Department,of Environmental Protection Provided by MassDER
1,7
Bureau of' Res,our�ce Protection - Wetland's 242- 52
L7 MassDEP Fil
i e#1� WPA Form 5 - Order of Condtions
IIIIIIIIIIIIIIIIENIL,M Massachusettswetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
lInf ai
on
Please note: North Andover
this form has 1. F'rom Conservation Commission
been,modified
with added 2. 'This Ilse nee is for'
a,.E1 Order of Conditions, b. Amended Order of Conditions
accommodate (check one)-
the!Registry 'To: Applicant:
of Deeds, �3.
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 thm!
ta,b key to Danvers MA 0 1 92 3
move your e.City/Town f State 9;.Zip Code
cursor-do
not,use the 4,- Property Owner(if different from applicant):
return key.
a.First Name b. Last Name
c.Organization
WX
d.Mailing Address
e.Cityff own f.State g.Zip Code
5. Project Location:"
1270 Turnplike Street NorthAndover
a.,Street Address b.City/Town
Map, 107A Lot 148
c.,Assessors Map/Plat Number d.,Parcel/Lot Number
Latitude and Longitude, if known: 42,d64m873s 7 1 d09m 141 s
d.Latitude e. Longitude
wpaform5.doc rev 5/18/2020 Page I of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1752 ..........-"'..................MassDEP Tale#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.,G.L. c. 131, §40, eDEP,Transaction#
North Andlover-11,1111-1-
City/Town
A. General Information (cont.)
6,, Property recorded at the Registry of Deeds,for(attach additional information, if more than
one parcel)-
mm
Northern Essex
............
i a istered land).County b.Certificate Number,(if reg
14689 155
............
c.Book d.Page
7. Dates: 03-05-19 NOI 03-27-19 Orig. 04-16-19
11-05-20,Amendment 01-13-21 Amend. 01-20-21
............................8. Final Approved Plans, and Other DioculTrients (a,tta,ch additional plan or document references
as needed):
See Attached List of Approved Amended Documents
a. Plan'Title
bi.Prepared By c.Signed and Stamped by
...........
.d ...................................Final Revision Date ei.Scale
f.Additional IPlan,or ID urent Title g.Date
B. F i I ndings
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 pulblic hearing, this Commission finds that
the areas in which work is, proposed is significant to the following interests,of the Wetlands
Protection Act the Act). Check all that apply:
a. 0 Public Water Supply b. Land Containing Shellfish Prevention', of
Pollution
d. Z Private Water Supply e!. Z! Fisheries E Protection of
Wildlife Habitat
g. Ei Groundwater SUpply h. Storm Damage Prevention i. Flood Control
2 'This Commission hereby finds,the project, as,proposed is: (check one of the following boxes)
Approved, subject to:
,a. Z the following conditions which are necessary in accordance with the performance
standards,set,forth in, the weitlands, regulations. This Commission orders that all work shall
be performed in accordance with the Notice ofintent referenced above, the following
General Conditions, and any other special conditions attached to this,Order., To the,extent
i
o
that the following conditions modify or differ from the, plans, sipeci'f'cations, or ther
proposals submitted with, the Notice of Intent, these conditions shall control.,
wpaformS.doc rev 5/1812,020 Paige 2 of 13
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7 Massachusetts Department,of Environmental Protection Provided by Massl),EP.
242-1752
Bureau of Resource Protection Wetlands
........ Ma,ssDEP Fille#
WPA Form, 5 - Order, of Conditions
Massachusetts Wetlands Protection Act M G.L. c. 13,1, §40 eDlEP Transaction#
-N.91thAndover
Cityrrown
B. Findings (cont.)
Denied because:
b. E] the proposed work cannot be con ditioneflo,meet the performance standards set forth
in the wetland regulations. 'Therefore, work on this pr,oj,ect 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 'llssued. A description of
the performance standards whillch the proposed work cannot meet Is attached to,this,
Ordelrl.1
c. 0 the information submitted by the applicant is not sufficient to describe the site, the work,l
or the effect,of the work on the interests identified in the Wetlands ProtectionAct.
Therefore, work on this project may not go forwarld unless and until a revised Notice
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 Iiinformation which Is Iackingl and why it is necessary is
attached to this, Order as per 310,CMR 10.06(6)(c).,
3. [J Buffer Zone, Impacts* Shortest distance between limit of p,r Ject
o
d
aisturbance and the wetland resource area spec'fied in 310 CMR 101.02(l)(a) .linear feet
Inland Resource Area Impacts: Check all] that apply bellow. (For Approvals Only
Proposed Permitted P r o lo se d Permitted
P
Resource Area,
Alteration Alteration Replacement Replacement
Bank.
4. a. linear feet b.linear feet c.linear feet d. linear feet
54 E] Bordering .............
V tated etla nd sq a.,square feet b. uare,feet c.square feet d.square feet
ege W
6. El Land der
Waterbodies and a,.square feet b.square feet c.square feet d.square,feet
Waterways,
e.cty dredged f.,c/y dredged
Bord'ering 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. EJ Isolated Land
Subject to Flooding la.square feet b,square feet
Cubic Feet Flood Storaige
C.cubic feet d,,cubic feet ell,cubic feet f.cu ic feet
36,20 31620
9. Riv err ont Area
a.total sq.feet b.total sq.feet
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 L square feet J.square feet
vepaform5.doc rev 6/18/2020 Page 3 of 13
ded by Mas
Massachusetts Department of Environmental Protection Provi sIDER,
NlassDEP it #
W'PA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction
North Andover
City/Town
B1, Findings (cont,.),
Coastal Resource Area 1,mpacts: Check all that apply blelow. (For Approvals Only)
Proposed Pierrmpitted Proposed Permitted
Alteration Alteration Replacement Replacement
1 101, El Designated Port Indicate size, under Land Under the Ocean, below
Areas
i 1. Late' U nd er the
Ocean a.square feet, b.square feet u.
c.,c/ dredged d.c/y dredged,
12., Barrier Beaches Indicate size under Coastal Beaches and' or Coastal Dunes
below
Cu cu yd!
13. Coastal Beaches '..Y
a.square feet b.,square feet c,niourishment, id.nourishment
cu yd cu d
14. E:1 Coastal Dunes, ............
a.square feet b.square feet c.nourishment, d.nourishment.
..........
15. ElCoastal Banks .a. I i n e a,r feet........................ b.linear feet
16,. F] Rocky Intertidal ..........
Shores, a.square feet b.square feet
117'. Salt Marshes a.-s q 11 uare feet b,squar.e-f I e!et c.square feet d.square feet
18. El Land Under Salt
Ponds a,.square feet b.square feet
c.c/y dredged d.cly dredged
19. F-1 Land Containing
a.square,feet b.square!feet c.square feet d.,square feet
Shellfish
20. Fish Runs Indicate size under Coastal Banks,, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbiodies and
Waterways, above
a.c/y dredged b.c/y dredged
21, [] Land Subject to ......--
Coastal Storm a.,square feet b.squar feet
Flowage
Riverfront,Area ............
a.total s,q.feet b.'total sq.,feet
S,q ft within 100 ft
c.square!feet d.square,feet e.square feet f.square feet
Sq ft between 1100-
200 ft g.square feet h.square feet i,square feet j.,square feet
v form5.doc rev 511812020 Page 4 of 13
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Ulassachuzetts Department of Environmental Protection Prov ided by MlassIDER
Bureau of Res our lands 242-1752ce Protection i-i Wetla
MassDEP File#
WPA Form 5 - Order of Conditions
..........
Massachusetts Wetlands Protectlion Act M.G.L. cl. 131, §40 eD"EP Transaction#
-,North Andover
Citylt-rown
B, Findi,ngs (cont)
#23.If the
piroject.is,for 23. El Restoration/Enhiancemen't
the purpose of
ring or a.square feet of BVW b.square feet of salt marsh
enhang a
wetiand 24. Stream Crossing(s):
resource area
in addition to
the ae foagth at number of new stream cross,ings b.number of replacement stream.crossings
has been
entered in C., General Conitions Under Massachusetts Wetlands Protect,loin Act
Section B,.5.c,
(B'VW)or ill ! The following clonditions, are only applicable to Approved projects.
B 17,c(Sa It,
Marsh),above, 1. Failure to,comply with a.11 conditions stated herein, and with all related statutes and other,
please,enter regulatory measurl shall be deemed cause to revoke or modify this Order.
the additional
amount here. Z 'The Order does not grant any property, rights or any exclusive privileges;,, it doles 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 oficlomplying
w
or local statutes, ordinances, bylaws, or regulations.ill all other applicable federal,, state,
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 driedginig project as provided for in the Act; or
b. The time for completion has been extended to,a specified date morr
le 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 ci it
the,extended tirne 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 iss,uing 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 expirat,ion
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'31 10
CIVIR 10.05(l 1,)(D, .
61. If this Order constitutes,an Amended Order of Conditions, this Amended Order of
Conditions does, not.extend the issuance date of the origJnal Final Order of Conditions and
the Order will expire on 04-161-22 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,, plasteri, wire, lath,
paper,, cardboard, piple,' 'tires, ashes, refrigerators,, motor vehicles, or parts of any of the
foregoing.
wpa,forim5.doic rev 5118/2020 Page 5 of 13
A
Massachusetts Department of Environm �l 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� eDE P Transaction#
North Andover
City/T,own
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 Grant it 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 lane d, 'the Final Order
shall also be irk oted, on the an 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 ofthi's Order, which form must be
stamped by the Registry of'Deeds, prior to the commencement of work.
10. A siign, shall be displayed at the site not less then two square feet,or more than three
square feet in size bearing the words,
"IV Iassachusetts Department of Environmental Protection" for, WassDEP]
"Flile Number 242-1752 14
11. Wheire the, Department of Environmental Protection is requested to issue a Superseding
Order, the,Conservation, Commission shall be a party to all agiency proceedings and
hearings before MassIDEP.
12. Upon completion of'the work described herein, the applicant shall submit a, Request for
Certificate of Compliance (WPA Form 8.A)to the,Conservation Commission.
13., The work shall conform to,the plans and special conditions referenced in this,order.
1114. Any change,to the plans, identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in i
writing whether the change s 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
E,n,viro,n mental Protection shall have the right to eater and inspect the area,subject to this,
Order at reasonable hours to evaluate compliance with, the conditions stated in this Order,
I
a bm
nd may require the suittal of any data deemed necessary oythe Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall appily to any successor in interest or succiessor in control of'
the property subject to,this Order and to any contractor or other person performing work
conditioned by this,Order.
wpaform5dioc,-rev 51/1612020 Page 6 of 13
Massachusetts, Department of Env*ironmentall Protection Provided by MassIDEP:
Bureau of Resource Protection Wetlands 2,42-1752
....Ma ......_ssIDEP File#
WPA Form 5 Order of Conditions
eDEP ansaction#
Massachusetts Wetland's Protection Act M.G.L. c. 1,31, §40 Tr
Nory
rth
City/Town
C. General Co,nditiolns Under Massachusetts Wetlands Rrotect"on Act (cont.),
17. Prior to the start of work, and if the project involveswork adjacent to a Bordering Vegetated
!e
Wetland, the boundary of the wetla,nd in the vicinity of the proposed work area shall b
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 seldiments, be
depols,itled in a wetland or water body. During construction, the applicant or his/her designee,
shall inspect the eros,ion controls,on a daily basis and shall remove accumulated sediments,
as needed. The applicant shal I '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. Sedillmentation 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 "Pro'ject")
(1) is subject to the Massachusetts Stiormwater Standards
(2) is NOT aubject to the Massachusetts Stormwater Standards
If the wolrk is suibject to the Stor raw ater Standards,then the, project,is subj ct to,the
following cond'�itions:
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 sled im,entation control plan and,, if applicable, theStormwater 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
(Reps) shall remainin place until the site is fully sta,blilized.
b) No stormwater runoff may be discharged to the post-constructioln stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that*
L all construction period BM Ps have been removed or will be removed by,a date,certain
s ci 1 Certification. For any cstruction period BM Ps, intended to be converted
pefied in the 1 on
to post construction operation for stormwater attenuation) recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BIW specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures",
ii. as-built final construction it plans are included, signed and stamped by a Registered
Professional Engineer,, certifying the site is fully stabilized*
111. any illicit discharges,to the stormwater management system have been removed, as, per
the requirements of Stormwater Standard 103
wpaform5.doc rev 5118/2020, Page,7 of 13
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Ma
Prov by ssachusetts Department ofEnvironmentall Protection ided MassDEP:242-1752
'WPA Form 5 - Order of ions
Massachusetts,Wetlands Protection Act M.G.L. c. 131 §40 eD EP Transaction,#
Bureau of Resource Protection - Wetlands MassDEP File# ........................
North Andover
Gityffown
C. General Corld"itions Under Massachusetts Wetlands, Pro tion 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 clonditiow
v. any vegetation associated with post construction hiss suitably established to
w ithstand erosion.
c) The landowner is responsible for BMP maintenance until theissuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prig 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, identify,ing the party,responsible for implementing the stormwater,BMP
Operation and Maintenance Plan ('O&M Plan"), and certifying the follo wing
-
i.) the,OW Plan is complete and will be implemented upon receipt of the Certificate of
Complianice, and
ii,,) the future responsible parties shall be notified in writing of their ongoing legal
bility to operate,and maintain the stormwater management BMPs and
respons i I
implement the,Stiormwater Pollution Prevention Plan.,
d) Post-construe ctilon 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, 'thle landowner, or owner of any
drainage easementil assumes responsibility for maintaining each P. 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 authorlty,, evidencing that another
entity has accepted, responsibility for maintaining the BMP, are dthat,the proposed
responsible party shall be treated as a permittee for purposes ofimplemeeting, the
requirements of Conditions 18(f)through 18(k)with respect to,that RIVIP. 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 vilo,lation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater B,lVlPs that are serving more than one lot] the
legally binding agreement shall also identify the, lots that will be serviced by the stormwater
BM Ps. A plan and easement deed that grants the responsible party access to perform the
I i ng
required operation and maintenance must be submitted along with the legal y b nd i l
gar ant*
The responsible party shall,operate and maintain all storm,water BMPs, in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform,S.doo-rev 5118120 Page 8 of 13
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Ma.�ssachusetts Department of Environmental Protection Provided by Mass[DER
242-1752
Bureau of Resource Protection - Wetlands MassDEP File#
WPA Form 5 ,--, urder of Conditions
Massachusetts Wetlands Protection, Act M.G.L. c. 131, §40 eDEP Tran''section#
�North Andover
City/Town
Chus.efts W t1ands Protect*on Act (co. General Conditions Under Massa� e I nt.)
g) The, responsible party shall*
1. Maintain an operation and maintenance log for the last three (3), consecutive
calendar years, of J nsplections, repla,irs, m�aintenance and/or replacement,of thie
stormwater m anagement system or any part thereof, and disposal (for disposal the
log sha,ll 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 ofth M.,assDEP and the Commission to enter and
inspect the,site to evaluate and ensur that the responsible party is in compliance
with the requirements for each 13M,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 3110 CMR 110.04
are prohibited.
j) The stormwtiter management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas des,ignated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the, MassDEP Stormwater Handbook, Volume 3,1 Chapter 1 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, andl/or replacement of BMPs shall not,be,with,held-
Any fencing constructed a,round stormwater BM Ps shall include ac,cess,gates and shall be,
atleast six inches above grade to,allow for wildlife passage.
Special Conditions if you need more space for additional conditions, please attach a text
document)-.
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan, and the restoration plan submitted wlith the Notice of Intent. If the
conservation commission or Department determines that the Test Project,threatens the
the applicant shall implement the removal plan
public health, safety or the environment,
submitted with the Notice of Intent or modify,the project as directed by the conservation
commission or the Department.
wpaform5.doc- /1,812020 Page 9 of 13
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Massachusetts Department of Environmental Protection Provided by MassDER
242-1752
Bureau of Resource Protection -Wetlands
.......................MassDEP Fi le#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection, Act M.G.L c., 131 §40 eDEP Transaction#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applic,abile? Z 'Yes E] N o,
2. The North Andover hereby finds (check,one that applies):
.............-"'Conservation Commission
a. 0 that the, proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
2.Citation
1,Municipal rd'inanice or Bylaw
Therefore,, work on this project.may not gio forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to, meet these
standards, and a final Order of Conditions is issued.
b. that the,following additional conditions,are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands, Protectiop-Pylaw,& [ g',,ylations ........ C,hapt. 1.90
I.Municipal Ordinance or Bylaw et. seq.
........................
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 clon,dit,ions 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 Comm issionAmended Findings & Special Conditionf`
attached.) ........ .................-
wpafor .doc-rev 5118/2020 Page 101 of 13
4,
Massachusetts Department of Environmental Protection Provided by Ma,ssDER,
242-1752
Bureau of Resource Protection -Wetlands MaissDEP File
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L c. 13 1 §40 eDEP Transaction#
North Andover
E iinatures
Thi's Order is valid for three years, unless otherwise specified as,a special 01-2G-21
condition pursuant to General Conditions#4,fromthe date ofissuance. 1.Date of Issuance
Please indicate the number of members,who will sign this for rin. Below
'This Order t7nust be sign m
ed by a majority of the Conservation Comission. 2.Number of Signers,
The Order must be mailed by certified mail(return recelipt 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
'A
Environmen Reg tal Protection ional 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 CoRmissilon -See N E.RED .rvmrvBook: 163,27' Pa,ige* 22
Amy R. Maxner, Conservation
Signature, I Y Administrator
..—.......
Signature Printed Name
,Signature Printed Name,
Albert Manzi, Jr.
Signature Printed Name
,John M ,'bon
Signature Printed Name
Josf�0_,"lLy,
Signature Printed Name
Signature Printed Name
Signature Printed Name
Z by hand delivery on by certified mail, return recleipt
recite , on
0 1-2 0-22 1-
Date Date
wpaifof al 5.doe rev 5118/2 020 Paige 11 of 131
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Provided by Mass,DEP:
Massachusetts DepairIment,of Enlvironmentall Protection 242-1752
Bureau of Resource Protection - Wetlands Ma,ssD,EP File# ...........................
'WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c., 131, §40 eDEP Transaction#
North Andover
t /Town
F., Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land' subject to this Order, or any ten residents,of the city or town in which such land is located,
are hereby notified of their right to request,the appropriate, Mas,SDEP Regional Office to issue a
Superseding. Order of Conditions, The request must be made by certified rnail or hand delivery
to the Department, with the appropriate filing fee and a completed Request,for Departmental
Action Fele'Transmittal Form, as provided in 310 CAR 10.03(7')within ten business days from
the date of'issuance of this Order. A copy of the request shall at the same fime,be sent by
certified mail or hand delivery tiothe Conservation Commission and to the applicant I 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 c,lose of the,public hearinglP,,, 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
thus Massachusetts Wetlands Protection Act(M.G.L. c,. 131� §40), and is inconsistent with the
wetlands reg,u I ation s (3,10 C M R, 10.00). 'To the extent that the Order is based o n a m u n icl pa 1,
ordinance or bylaw, and, not on, the Massachusetts Wetlands Protection Act or regulations,, the,
Department has no appellate jurisdiction.
wpaforni 5.doc rev 51181:20210 Page 112 of'13
4
Massachusetts Department of Environmental Pmtectlon Provided by MassIDER
Bureau of Resource Protection Wetlands 2421752
Mas,sDEP F'ille#
.............
WPA Form 5 ,--, Order of Conditions 'e,'DEP Transaction,#
Massachusetts Wetlands Protect"11"on Act M.G.L., c. 131 §40
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 landis 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 linep have stamped by the Registry,of Feed's and suibmit.to the Conservation
.Commission.- --------------------------------------------------------I------ --------------------
To:
North Andover
Conservation Cornm4s,sion
Please be advised that the Order of Conditions,fort Project at:
1 270Turn pk ke Street 2421752, .......
Project Location MassD,EP File Number
Has been recorded' at the Registry of Deeds of,-
Northern Essex
County Book Page
David Samson
for:
Property Owner
ancl has been noted in the chain of title of the affected' property,in:
14,689 1515
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 numberidentifyinn this transaction is:
instrument Number
If registered land,, the document number identifying, this transaction is:
Document Number
Signature of,Applicant
vvpaform5.doc-rev 5118/2020 Page 13 of 13
DEP FILE #242-17,52 AMENDED, ORDER OFCONDITIONS
Thereforie, the North Andover Conservation,�,,ommission (h reaf ter the ""N'A CC") 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, toProtect
those 'Interests noted, above. The NACU' orders that all,work shall be performed in
accordance with said, conditions and with the Notice of Intent referenced below. To the,I
extent that the followin nctitions mod ify or differ from, the,,,. ati, other
.......... g, co _plans,specltic tons or
0
proposals subinitted with, the.Notice of Inten the cond iti,ons shall control.
CGZENERZAIL CONDITIONS
2,0. The proposed work includes: Site 'improvements includ,e vegetat-ion,removal., filling
and grading, fencing and retaining wall and stair construction. Work Is within
Ri'verfront Area and the 100-foot Buffer Zone to, Bordering Vegetated Wetland (BVW).
Waliviers have been, granted for work in the 25-foot No-Disiturbiance done (all new
structures wil1.1 be outside thie 50-foot N'o-Bulld Zone). AMENDED, scope of work,
includes: expansl'on of paved parking (9 new spaces),, installation,of'new catch basins,
improve stormwater
mi ing and, grading portions of existing paved areas to
treatment, restriple existing pav,ed parking areas,, installation of fencinlig and
landscaping. Portions of this work is located within the 25' NDZ and 50' NBIZ, but all
areas of work are w1ot"Iiin existing paved or previously developed footprints,, therefore
resulting in no new encroachtnient i se zones. This amended scope of work was,
reviewed and approved by the Plann,ing Board -under a Site Plan Special Per
Modification on'December 15, 2020.
21 Th �k shall conform to thefollow in (except as noted 'in the,rema.inder ofthis
document where revisi,ons may be required):
Property Owner/Applicant: David Sampsol-i,
1270 Turnpike LLC
51 Elliot Street
Danvers, MA 0,19,23
Documents: Notice oflntent Application including
'SPA Form,3 -Notice of Intent
Received- February 28, 2019
Including Application Checktist, Project,Description,,
Stortnwater Checklist & Report, Waiver Request., Filing
Fee Ii-i-forcoation, Abutter Information/ Locus Map,
FEMA Ma n
p, and North, Adover Riverfront Area Map.
Stormwater Report
Prepared by,-, 'Hancock Associates
1815 Centre Street, Danvers, MA 01.923
1270 Turnpike Street—DEP#242-1752 AMENDED ORDER.OF CONDITIONS,—NACC Findings&Special Conditions,
Page I. of I 4
DEP FILE #24247,52, AMENDED ORDER OF CONDITIONS
Stoneham, MA.02180
Date.- February 201.9
Stamped by: Deborah L. Colbert'. P.E.
Plan to, address proposed slope cutti*,ng and filfing
Letter fr is of Fisheries & Wildlife
NHE,SP File No.,: '19-28431
Date: March,13, 2019
Representative: Ann McMenemy
Hancock Associates
Danvers, MA 01923
Site Plans, pre are d by: Hancock Associates
P
Titled-, Site Plan- #1270 Salem Turnpike
Dated.: 1/22/19
'Last revised-,, 3/18/19
Scale V'=20'
Signed and Stamped by Deborah L. Colbert'. P.E.
AMENDED DOCUMENTS*
Property Owner/Applicant-. Da ct �ampson
1,270 Turnpike 'LLC
51 Elliot Street
Danvers,, MA 01,923,
Representative: Deb Colbert, H'ancock Ass ociates
Amended, Plans/Documents': "Grading &I Drainage Plan,, Cl", prepared by Hancocl?r
'LN
Associates, sl*gned & stamped by Deborah L. Colbert,,,
Scale 1" 20'. rev ision dated December 15, 2020;
""Layout& Materl'als Plan,, C2,,", prepared,by Hancock
Associates, signed stamped by Deborah,L,. Colbert,
Scale 1"=20', revision dated December 15, 2020/
Operation &Maintenance Plan 1.270 Turnpike (3 page
Prepared by Hancock. Associates, signed by Davld
Sampson on December 8, 2020 & Deborah Colbert on
December 11, 2020.
22. The term""Applicant" as used 'in.this Order of Cond I*fions shall refer to the owner,, any
successor in interest,or successor in control of the property referenced in the,Not*ce of'
Intent, supportiong documents and this Order of'Condition.s. The NAC C shall,be
1270"furnpike Street—> P#242-1752 AMENDEI)ORDER OF CONDYTIONS—NACC Findings&Special Conditions
Page 2 of 14
DEP FILE #242-1752 AMENDED ()RDER OF CONDITIONS
4-
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 Cerlif icate, of Compliance.
23. The conditions of this decision shall, apply to, andbe binding upon. the applicant'.
i
owner, it's, employees and all succlessors, and assigns in,inter or;control. These
b
h blig x r
oat ions,sall e epresse n d i covenan is i l deeds t succ
n al o eedin er g owns. ox
Portions of the property.
24. Failure to comply with.all,coriditions, stated herein, ai d.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 prwileges; it does not
t i i
#
auhor ze any nju ry to,private property orinvasion ofproperty rights. However, the
NACC, agent of the NACC or the Depaxti-nent of Env ironmental Protection (DEP)
reserves the right to enter and 'inspect the property at all, reasonable times until a
Certificate of Co mpl i iance s issued, to evaluate compliance wittt this Order of
Conditions, tl-t,e Act (310 CMR 10.00), the North Andover Wetlanid Bylaw and
Regulations, and, may require any intormation, measurements, photographs,
obiser�viat ions, 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 lifthe NACC, agent or: DES determlnes,that any of the work is not
compliance with.this Order of Conditions. Work shall not resume until the CC.
i sat is e tat the rk l cop a so, -te applkant 'n writin
s fid h wo w* l p, y and hs n otlif ie t d I
9.
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 wittun 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 app'll,cation. to the issuinIg authority at least thirty
d s (30) -prior to the expiration date of the Order (Refer to, Sectioji 8.3 of Hie North
Aiid.ovet-,Wetlajid Riegidatio-tis).
29'. The NACC reserves the right to amend this Order of Conditions ate,r a legally
advertised publi ear ng i 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
determina,tion and to issue a�upersiedlng Order, the Conservation Corot-nission shall
be a party to all agency proceedings and hearings b flore the Department.
1,270 Turnpike Strcet-DEP#242-1752 AMENDED ORDER.Off"COND11"IDNS-NA-CC Findings&Sj,)ecial Conditions
�Pa,ge 3 of 1,4
]DEP FILE 9 242,-1752 AMENDED ORDER Off'CONDITIONS
31. This Order ofConditions is 'Issued 'in addition.to thoseissued under Ffle .Nos. 242-9,60
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,
41
obtained prior to the start of work.
6 0, 4,
32. Any future project which proposes a wetland crossing in order,to access certain
portions of the property will not be qual if ied as -a I'M*ted. project roadway under 310
CM R 110.53(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
1 *are significant i to the nteres f he 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 referenc erein.
35. The NACU fifficts 'that the, intensive use of the upland areas and buffer zones proposed
on,this site will cause further a1t era tion of the wetland resource areas. In order to
prevent any alteration of wetland, resource areas a twenty f i've-foot (25,"') 0-
Disturbance Zone and a Ififty-foot (50") No-Bu ild zone shall be establ ished from,the
edge of BVW except as shown on the herein referenced plan (as allowed by DEP File
#242-1,095 and the herein re r�enced 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 'i's permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local, Reg-i.ttation's).
36. Rwerfront alteration for this application is calculated as 3,275 sJ., with Riverfront Area
(RA), o lot docurnented as 41,077 s.f. Rived ont alteration was no included in any,
of the, previous fi,tings. This is less than the 5,000 s.f. or 10% allowed, under 310 CMR
10.5,8., This calculation,remains unchanged as the amended scope of'work does not
occur within the Riverfront Area.
37. This docume l be 'included 'in all construction contracts,, subcontracts, and
specifica.fions dealin the work proposed and shall supersede any conflicting
sha ass S subcontractors,,
contract r equi-r eme nts, T he a ppl icant ll ure that all n cotrac torc-
and other personnel performing-the permitting work are fully aware the permits
terms and, conditions. Thereafter, the contractor will be held jointly liable for any
itions.
violation ofthis Order resulting from failure to comply with its cond
0
38., The owners of the pro,Ject and their successors in title agree that the,Order does not 'in
6
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 offai'lure.,
I -hu i I ngs&Special Conditi
1270'riiriip�ikeStr,ect�—i'�)EP#2,42-1752 AMENDED ORDER OFCONDITIONS—NACCI"'i I 1011S
gage 4 of 1,4
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 Condi'tions does not in any way.
,a .6e
impl.'y or certity tliat,the site or downstream areas will notbe subject to floodig storm
damage or any0ther for'm of water damage.
MEMO
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal perlocis trom tnis, 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 'immediately
after the expiration of all. appeal periods., No,work shall be undertaken until, the Final
Order has been reclordedin the Registry of Deeds or the and Court for the district in
which the land is located, w ithin the chain of title, of the,affected property. In the case
ofrecorded land'. the Final Order shall also,ble not 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 ofTitlie ofthe 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
con-ai-tencement of the,work. Any Order not recorded by the applicant before work,
coiTunences may be, recorded by the N'A,CC 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 use by the applicant, another Board's
decision or resulting fi:o:om.this Order of Conditions must be submitted to the NAC,C
for approval prior to implementation. If the NACU find said, changes to be
I blic hhea i
significant, the:NACC will call for an pu r*ng at,the expense of the
applicant). Within 21 days of the close of said public hearing the ACC will issue an
amen died or new Order of'Conditions. Any errors and in the plans or inform at 01011
s bmitted by the applicant shall, be considered as changes. No work shall begin on a
u.
project until written approval, has been granted by the NACC.
43. It,is the responsibility of the applicant, owner, and/or suicicessor(is), to, ensure that all
conditions of this Order of Conditions are coniplield 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 Turlipike Street—DEP 112,42-1752 AMENDED ORDER OF CONDITIONS—NACC Fllndillgs&,z, SPecial Conditiolls
Page 5 14
P FILE #242-1,752 AMENDED ORDER, OF CONDrriONS
44., Prior to, the start of work the owner/applicant shall provide proof of maintenance of'
the storn-twater management system. This is requirect in.perpetuity by Conditions #62-
67 of DEP File #2424095 (see 0,peratlon/maintenance, plan attached),. Proof of
maintenance by a Registered, Professional Engineer,sh,allbe provided per perpetual
condns cited above.,
45. Priorto addition construction, the applicant shall, permanently mark the lin-lit of'
clearing/25-foot No-Disturbance Zone with si'gns or markers spaced evenly
approximately every 30feet incorporatingthe 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 atthe 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 lonstruct all agents to
I 'iese m arkers to buyers/le�ssees/landscapers and all persons taking over the
explan ff
property from the applicant. These,markers, shall remain posted and be replaced as,
necessary in perpetuity. Markers are available from the, Conservation Department ($12,
round. and $3 square).
46. signage for snow storage and de- cing management shall adhere to the following
conditions:
a., No SaIt'Zone & No-Snow Stoc'kpiling Signs shall be 'installed on site. The
quantity ofsigns and their locations shall be coordinated with the Conservation
0 4,
Admmistrato,r: prior to their installation.
b. All, areas, that have been designated for allowable s,now storage shall be clearly
marked with.si',gnage.
c. The above-referenced, signage shall remain posted and be replaced as necessary
F 8 in perpettnty.
47. Prior to any work clon-a-riencing on-site., the, applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, inclucting the installation of
erosion controls, fencing, tree removal,,filling and grading, retaining wall and stair
construction, monuMentation, and final stab,ilization.. bequencing shall .� ct the
recommendation.of the Division F ish & Wildlife that tree clearing anct tense
0
installation occur between October 15 and March.1.5 (see herein referenced letter).
48. A.play area, including play structure and appropriate surface, were initilaff y 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,mod ification,or amendment may be, required.
1270 Turnpike Strect—DEP#242-1752, AMENDED ORDER 01,11'CONDITIONS—NACC Findings&Special Conditions
Page 6 of I .
DEP FILE #242-1752 AMENDED ORDER OF CONDITIONS
49. Wetland, flagging shall be cl"iecked for to start of construction.and shall be re-
established, wher missing., All wetland flagging shall remain visible and enumerated
per the, approved plan(s) thil-lo ugh out the life of the project and until a Certificate of
d, It
Compliance 'is, issued so that erosion controi measures can be properly placed and
wetland 'impacts,can be monitored. The proposed limit of work shall be shall be
clearly marxeci with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers Tall.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 plac,ed between all construction areas anu,
resource areas as shown on the herein.referenced. plan. The erosion,control barrier
will be prop erly i nsale and placed as shown on the plans approved and refer nced
herein (respecting site has per the Fish, &Wildlife letter) and shall beinspected.
and approved by the NACC or its agent for to the start ofconstruction.and shall
remain intact until all, disturbed areas have been Permanently stabilized to prevent
-1 .10
erosion. All erosion prevention a seaimentation protection measures found
necessary during construction shall be Implemented atthe direction of the NAC,C 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 erosl'*on control measures,may be required in areas not shown.
on the plan(s) referenced 'in this Orde Conditions. Should such installation be
re ire by the NACC, they shall be installed within hours of the Conin-tission's
request.
51, The applicant shall have on, hand at the start of any soil disturbance, removal or
stockpiling, a mini'mum of an extra 50 (f I y) 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, which shall be in all respects satisfactory to Town,
Counsel,Town Treasurer, and the NACC, and shall be posted wl'th 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 part les satisfactory to the NACC,, and Town Counsel, and shall
be released after completion of the project, provided that proviswns, satisfactory to the
NACC, have been madefor performance of'any conditions wnicn,are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specif ic portions ofthe project for the NACCs review and approval. This con ition
is issued under the authority ofthe local ByLaw.
1270 17timpike S,treet-DE P 11242-1752 AM ENDED ORDER.OFCONDITONS-NACC Findings&Special Conditions,
lag,e 7 of 14
DEP FILE # 242-1752 AMENDED ORDER OF CONDITH)NS
,1#
53. The appiicant shall designate a Wetland Scientist (or other environmental professional
as approved by the N'ACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency � lace�ment of control s and regular inspection or replacement of
.P
sedimentation control devices. The name, and phone number of the erosion control
0
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 pe�iod, *including
weekends. Proof of the retained, monitor must be submAted to the Conservation
Department on letterhead by, the retained consulting f irm. 'This person shall be given
the a,uthor ty to stop construction for erosion control purposes., The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Con-u-nission 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.si,te and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
r t Er i to to the N'ACC certifying that,
epo�rt with phoos from the " os'on, Control M on,
to the best of his/her knowledge and, bellefbased on a,careful site inspection, all work
is Deing performed 'in compliance with this Order of Conditions and that approved,
setbacks are being adheredto. The erosion controi monitor must visually inspect ail
sedimentation/eros ion.control measures and assume responsibility.for their
maintenance on a weeklybasis and that they are functioning aS intended. In addition,
allwetland, resource areas must be,visually 'inspected for siltation, turbiclity, 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,ofrafn 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 any upon which these Orders,
of Conditions have been placed shall.provide to the N,ACC prior to transferring, or
assigning any portion of'said land to another party,, subject to said Orders of
Conditions, the "Compliance Certification For m.Affidavit" attached via "Appendix
A if signed.under the pains, and penalties oaf perjury, stating that said applicant and/or
owner has read these Orders of Conditions, and is in compliance with each and every
condttion. Tni.s ctocument snaii, apply to each of fhe conditions referenced herein and
shall be provided to the Conservation Department at least f'I've (5) business days, prior
to the closing,of said, land transaction.
56. On these above mentioned pre-construction requirements are complete, the
0,
applican con ns
t shall tact the Coervation Office prior to site preparation or
n i
constr '
ti and shal arra e th an NACC,representative, the
ucon l ng an to o on:-s,I* cnfere ce w
contractor,, the monitor and the applicant to ensure that,all 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 col-ifficting contract equirenr nit , The applicant shall, assure that all, contractors,,
1270,Turnpike Street—DAP 4242-17,52 AMENDED ORDER OF CONDITIONS—NACC F141dings&Spec'al Conditions
Page 8 of 14
DEP FILE #242-1752 AMENDED ORDER OF COND11"11ONS
subcontractors and other p,ersonnel perf6rmi*ng the permitted work are fully aware of
tl-te permit"S. terms and, conditions,. Thereafter, the contractor will be held jointly liable
for any violation of this Order of Condiffl"ons resulting from,,failure to comply wife its
clonditions. The applicant or contractor shall, notify the N'ACC writing of the
identity he on-s"te construt tionsupervisor hir d to coordinate,construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meetiong (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
57. There shall be no increase in,the post development discharges from the storm, drainage,
tha t a lt e i r the post
system or an y other changes in,post developm en co n ditions ti
development watershed boundaries, as currently depicted 'in the 'notice, of Intent and
approved by this Order of Conditions,or es speci'ficallyapproveld in writing by the
Commission.
58. Water quality in down gradient resource areas shall not differ significantly following
co l ion, 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 herie�i'n ref ere ticed
Stormwater, Management Report (attached), the perpetual conditions for stormwater
maintenance 'in the Order of Condition issued under DEP File #242-10,95 shall
conti"nue (see attached). The Amended scope of work 1*ncludes installation of new
catchbasins and an accomparvying Operation & Maintenance Plan dated December 8,
2020 has been submitted which shall be adhered to long term,. This condition,shall
survive this Order ofConditions anci shall.run,with the, title of the property. This
condition is 'issued under the authority, of the TowWs Wetland Protection Bylaw and
shall survive theissuance of a Certificate of Compliance.
-1 a
60. Th e appliceints, owners, and their successors and assignees, shall.mai'ntain, 'in
I 'Itrat m'
perpetutty, all culverts,, colleictionsbasi'ns, traps, outlet structures, *nfi, ion
structures, and her elements, of'the drainage system,, in order to avoid blockages and.
siltation,which.might,cause fall lure of the system and/or detrimental *impacts to on-silte
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
ED:,URIN'G CONSTRUCTION
............
61. Upon begi*nning work, the applicant shall submit written progress, reports weekly (,as
part of the erosion control monitoring,report Condition #51 above) detailing what
1270',rurnpike Street—DES"#242-1752 AMENDED ORDER OF CONDITIONS—'NACC Findings&Special,Conditiolis
Page 9
DEP FILE # 242-17'52, AMENDED ORDE�R 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 fill . No discharge of'wa.ter is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetlarid, 'Bylaw. if emergency de-watering requirements
arise, the applicant shall submit a contingency plan tio the Commission for approval.,
which provides foie the pumped water to be contained.in a settling basin, to reduce
turbidity prior to discharge into a resource area,,.
-J 0 #
i The existing,parmng 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. Ifnecessary, as determined by the environmental monitor
or the Conservatlk)n Department, a stone,construction.entrance shall be installed, to
limit sediment tracking onto paved surfaces.
0
64. Any f*111 used 'in connection with this project shall, be clean fill,, containing i-,io trash,
refuse, rubbish or debris, including but not limited, to lumber, bricks,, plaster, wire,
lath, paper, cardboard,, piple, glass, processed glass aggregateiii, concrete',, recycled
concrete aggregate,, tires, ashes, refrigerators, motor vehicles, or parts on any of the
foregoing,. Any fill i rted to the site must be,accompanted by of origin
or an analysis icerfifyi °leanliness - whichever is most applicable, as determined b
the Conservation Commission or its staff'.
65. .All exposed soil, finish grade surfaces, shall be immediately landscaped and stabilized,
or loan-ted, seeded and muictied" with a layer of mulch hay. All disturbed areas,must
be graded, loamed and, seeded prior to November 1st of each year. Outside ofthe
grow i ng season, exposed soli finlosh grade surfaces shall be, stabiRized wi.th a layer of
mulch hay or other stabilizati,on method (as directed by the Conservatilon'Department),
unti1 climate conditions allow for seeding. During construction, any area of'ex�posied
r
soils that will be lef idle for moire than 30 days,shall be stabilized with a layer o,r,
mulch hay or other means as directed by the NACC.
66. No re-grading 'in tn,e buffer zone shall.have a slo e stee er man 2:1, (hori'zontal:
P p
I & e
vertical)., Slopes of steeper grade shall be rip-rappect �to proviM permanent
stabili'zation.
67., There shall be no stockpi'linIg of soil or other materials within 50-feet of any resource,
area. Stock ilea. 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 tltie drainage
system., Silt sacks shall be maintained and.regularly cleaned of sediments until all
areas associated with the work pertniotted by this order have been permariently
stabinzect and the NACC or 'Its agent has formally approved their removal..
12,701"urnpike Street—CEP 11242-1752, AMENDED ORDER OF CONDITIONS—,NACC Findings&,Special Conditiolis
Page 10 of 14
DEP FILE # 242-1.752 AMENDED OIDER, OF CONDITIONS
69. Washings from,concrete trucks, or surplus cog ete, shall not be directed.to., any
drainage system or wetland.resource area., If truck washingis necessary an area shall
be designated. and approved by the Conservation 'Department.
70. All waste 1 1 , / - 1, 1
generatedby, or assodated w'oth the constructiori a,ctivlty shall be contaffied,
within the limit of work, and away from anywetland resource area. There shall be no
burying of spent construction.materials or disposal of waste on the site by any other
means. The appli'cant shall maintain dumpsters (or other suitable means) at the sit."_
for the storagamlu spentuctomdaoff-site. Hwver no
trash dumpsters,will be allowed within.50" of areas,subject to protection under the Act
or local 'Bylaw.
Accepted engineering and construction standards and, procedures shall be followed 'in
0
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 ofany
pollutant during any has ofconstruction the ACC shall be notif ied by the
applicant within,one (1) business, day'. No construction vehicles are to De stored within
100 feet of wetland resource areas, and no vehicle refueling, eqmpment lubrication, or
maintenance "I's to be done within'1001 feet of a resource area.,
AFTER CONSTRUCTION
73�. Prior to the issuance of a Certi*f icate of Compliance, the on.-site �mwater BMP's shall
be inspected and cleaned - an invoice/bill of lading for these activities shall be
provided to the Conservation Department to verify compliance.
74. Excess, snow shall, be removed from the site once the designated snow,storage areas
qk.0 q ition shall survive th's Order of Conditions and
have reached their capacity. This conct I I
shall run with the title of the property. This condition is issued under the authority of
the Town's Wetland Protec t ion Bylaw and shall sury iv e the issuance of a Clertif icate of
Compliance.
75., No underground storage of fuel is shall, be allowed on any lot within one-hundred
(100) feet ofany wetland resource area.. This,condition shall survive tnis Order ()f
Condifions and spa runwith the title of the property. Thi's conaition,is issued under
the authority of the Town's Wet'land Protection Bylaw and shall survive the issuance
of a, Certificate of'Comptiancle.
a 'trogen
76. Fertilizers utnized for I ndscaping and, lawn,care, shall be stow release, lo,W-nl
type, (< 5%), phosphorous free and shall,not be used within 25 feet of a resource area.
1,2701"I"urnpike Street—DEP#242-1752 AMENDED:ORDER OF CONDITIONS—NAC,C Findings&Special Conditiolls
Page 1 I of 1.4
DEP FILE #242-1752 AMENDED ORDER OF C0NDITIONS
Pesticides and herbicides shall, not be used within 100 feet of'a,wetland resource area.
#10 with This condition shall, survive this Order of Conditions and shall run.wit1i the title of the
6
property. This co ndition is, issued under the authority ofthe Town�s Wetland.
Protection B,Ylaw and, shall survive the issuance of a Certif icate, of Compliance.
77. There shall be no dumping of leaves, grass clippings. brush, dog waste, or other debris
into a welland resource area or beyond the No-Disturbance Zone, demarcated by the,
posts and/or wetland markers. This conc,tition shall survive this Order of Conditions,
and shall run with the title of the property. This condition is i ssued under the
authority of the Toven's Wetland Protection Bylaw and shall survive the issuance of a
Certificate of Compliance.,
78., Upon complet'Ion.of construction.and railing, all d isturbed areas located outs ide
resource areas shall be stabilized ermanently against erosion. This shall.be done b1fir
p Y
loaming and seeding according to NRCS standards., Stabill",zation 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
nc
Conservation ton"uiiission as part,of a request for a Certificate o, 'Compl'ta e".
a. WPA Form 8A - "Request for a Certifficate of Compliance."
b., Aletter from the applicant�requestio ng a Certificate of'Compliance.
c. 'The name and address, of the current landowner.
d. Signed stat ments, 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.w ri*tten statement from a Registered Professi,onal Civil Engineer (and/or
Registered Professional Land Surveyor) of the Comm onweal certifying that the
work has been conducted as shown on the plan(s), and documents referenced
above, and as conditioned by the Conunission.
i. An "As-Built"' plan,, in the same scale as the record plan referenced herein,
prepared and signed and stamped,by a.Registered Professional, Cl'vl'l Engineer
(
1 -1, for P.E.) (and./or Reg istered Professional Land Surveyor) oftie Commonwealth,
the public,record and. This plan will inc1ude:
As 1'It post-development elevations of all drainagre & storrnwater"'
management structures constructed with:ln 100 feet,of any wetland resource
area. NOTE: If portions ofthe,stormwater systems exist partially within the
42-1 12,70Fu r Str npike eet—DEP#2752 AMENDED ORDER R 01"CON DITION S—N.ACC Findings&,Special Conditions
Page 12 of�14
DEP FILE # 2424752 AME NDED ORDER OF CONDITIONS
Buffer Zone then the entire structure must be depicted to accurately verify
Compliance.
"'As-Built" post-developin,ent elevations and grades of allfilled or altered
.1 1 .11 10
wetland resource areas including the encompassing buffer zone wiaicn is
regulated as a resource area under the local, Wetland Protection Bylaw.
Distancies from all structures to wetland resource areas,. Structures include
(but,are not limited to) septic systems, additfonSt fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line, showing t imit of work and the, extent of existing erosion control
devices. "Work" i s any disturbance of soils or vegetation.,
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 Certil"f i1cate of
0
Cornpliance, (COC) for this project
F-7
A 25," No-Disturbance Zone and a 5,0' No-Cons truc tion ,one shall be, establ ished friom
the edge of adjacent wetland resource areas on lot except in those locations approved.
under DEP # 2424752. Future work within 1010" of existing wetland resource areas
w'11 req * i ing with the NACC (SeeSection,3.1 and 3.4 ofthe Regulat"
11 wrie a separate f*1 0 ions
for performance standards within these zones). The Conservation Administrator
and/or other agents oft he NACC do,not have the authority to waive these setbacks as
established under the local Bylaw (Condition #35);
)-P.> Resource Area Markers (Condition #45);
signage (Condition #46)-
Snow management
Operation & Maintenance (Condition #59)
Discharge orspiflage of pollutants (Condition #72)1-
-ice snow rage,capacity is me ( ondiion
Remov�al of'snow from,site o,1 sto t C t
Prohibition of underground fuels (Cond"flon. #75).1
L tat ions on cie s, and pesticides (Conditions
the use of fertilizers, hec�
Prohibition. ofdumping ofleaves, grass clip p in gr,s, brusti, or other debris (Condition
#77).
1270 Turnpike Sti-eet—DEP#242-1,752 AMENDED,ORDER OF CONDITIONS—NACC Findings&Special Conditiolls
Page, 1.3 of'14
DEP FILE # 24,247512 AMENDED ORDER OF CONDITIONS
APPENDIX A-AFFIDAVIT
on oath do hetvby depose and state:
(authorized agent applicant andor current owner)
(PLEASE CHECKAT LEAST ONE BLOCIO
1., 1 in the
(I positlion with appli"'cant) (appli"cant name or coinpany,name)
the apphicant upon,whom,Order of
have been placed up by (DEP or NACC inanbet)
the North.Andover Conservation Commissloll.
&/or
2. .1 in the of
(Position with owner) (owner name)
the owner upon was land Order of Conditions
have been placed up by (DEP,or NACC number)
the North Andover Conservation Commissioll.
1 hereby affirm and acknowledge,thatl have received said Order of Conditions
and have read the sarne and understand each
(DEP'File#) aitid,every condition,which has been set fiorth
ire *d.Order of Cond'tions.sai 1.
&
4. 1 liereby affirm,and acknowledge that on this day of 20
I Itispected,said Property,together with any and all hinprovements which have
been made to the same and her certif that each and every condition set
forth in Order or 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 cas well as any potential buyers of
said,property which is subject to said Order of"Cond its 011's
(DEP File #)
Signed,under the pains and penalties of perjury this day of 201
(S gnature-authorized agent of appl"cast,or owner)
1.2,70TLiri'ipi1 Sti�-leet—DE1 2 MENDED ORDEROFCONDITIONS—NACC Fiiidnigs&Special Cmi.ditimis
Page 14 of'14
HANCOCK
ASSOCIATES
-t wavyr's I Digitieers 1 Seueiitu 21942
Operation and Maintenance Plan
2, " ,T l Street
N, Andover, IMA 01945
An Operation and Malintenance Plan shall be developed and Implemented to ensure that Stormwater
Management Systems functillon,as designed.
STORMWATEIR OPERATIONI MAINTENANCE PLAN
r. David Sampson—ow,ner/App' licant
i certify under penalty of law that the Owner/Applicant and Its associated entitiest abli hed for
purposes of ownership,operations andint n ance of the r located at 1270 Turnpike Street
North Andover, MA 01945,, solely and legally responsible f r implementing the St rmw t r Operation;
and Maintenance, l n.The Owner/Developer his reviewed said plea and Bally accepts all
resporaa i i'litias'inn r nt tl r in; ir� lu�!a in inspecti a, maintenance, repair, mod[ i+ tion and/or
replacement the drainage systems s may be required to maintain intended functions.The
Owner/Developer shall file yearly maintenance reports including annual certification that the plan l a,
been finally implemented as outline herein. urth rr re,the Owner/Developer understands ari u
stiorm,wa,ter 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,.
Name;
pe4�&taw , Y 12,Irk";20
Title: OW eev
Date. 9L/-ZO
J
185 Centre Street Danvers,
BOSTON, C1 E ORE)i DANVERS, MARLBOROUG], N B R O -F,, PRINCETON,, MA CONCORD, NH
u
G
HANCOCK
ASSOCIATES
Su� ors 1, Engiiieers I Scientists
21942
Deep,Sump,Hooded Catch Basins & I ailn Manholes
Inspect or clean deep sump catch basins.&drain manholes four times, per year at the end of the foliage
and now remloval seasons. Sedi ments must also be, removed when the depth of deposits is greater
than or equal to,oine halfthe depth from the bottom of the lowest pipe in the basin. Vacuum trucks are,
to be used to remove trapped sediment and supernatant. Although catch basin &manhole debris often
contains concentrations of it and hazardous materials such as petroleum hydrocarbons, and metals,
MassDEP classifies,-them as solid waste. Any contaiminatied materials must be evaluated in,acclordatice
with the Hazardous Waste Regulations, 310,CMR 30.00, and handled as hazardous waste,. MassDEP
regulations prohlbit: 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 Ins pectior Condition Maintenance Performed*
Dash Drains Present:sediment IPumped and clean gat catch basins
12.2.2 , Beverly, MA debris, &Drain Manholes
T7777 11
*Re 1pts miust be attached to report showing,payment for maintenance performed.
1185 Centre Street I Danvers, MA 01923 L V:978777-3050 F: 978-774-7816 1 HancockAss ciatesxorn,
BOSTON, CHELMSFORD, DANVERS, MARLBOROUGH, NEWBURYPORT, PRINCETON, MA I CONCORD, NH
HANCOCK
ASSOCIATES
Surveyors I Eiigineers I Seleii.ti-sts,
219,42,
Downstream Defender
At a minimum, it is, recommended to have annual inspections. Initially,the Downstream Defender
should be inspected and purnped every 61 months forth e 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 mainteriance,performed.
at Inspector Condition Maintenance Performed*
as Drains Present:sedi�ment Pumped and cleaned out Defender
12.2.20 Beverly, MA &debris
*'Relcelpits mu st be attached to report showing payment for maintenance performied.
Snow Removal
There are dedicated, locations for snow storage. If these areas,are not sufficient storage,then the now
will be loaded and trucked off-site,to an appropriate location.
185 Centre Street I Dan er , MA.01923 I V 978-777 3050 F.- 978-774-7816 HancockAssociates.co,rn
BOSTON, CHEF MSFORD, DANVERS, MARLBOROUGH, NEWBURYPIORT, PRINCETON, MA I CONCORD, NH
b.
Standard 9. Operations and Maintenance flan,
I�
VeLretated Areas Maintenance,
A Ithough not a structural component,tho mam' toliance oflawn areas mayh esou ce area.TM"s
Mcludes the health/density of the lawn.and activities such as the appheation and disposal of lawn and
garden... e products, disposal of leaves an �d ���iwm " gs.
I *tlql n Post struc ti ton eat�
During the fiAtial periodof thelawn, s b s e shag be M pe e twice in ffist year by
contractor.or owiier.Any dead,lawn four er the first year will be replaced,
a
Lon&Terin Mallitenance
The lawn shah be MSPd o e w al b s.� litterasive
plant Scs shah. �� �r ha . fe�anddetritus sball,be removed ivice per
year,
P � c e rble
No wides are, o used unless a single spot r � quwed for a speol"Ific.controll,
epic .
o
u
� C RL OU OFFICE
5 Centre Streets D tire`s, A 9 3 5M r u 52
-7816
- (508)460-1,111 Fax:(508)460-1121
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The,BMPs associated with,this ' e � e e by Seven s end
rt
Any c + sediment should be removed from catch basins, dry wells and all drainage p1pe
hilets and outlets as soon as possible after heat'precipitation ad every spring*
Construction Phase
1) The contractor IN to.illstall,and i drainage fads as,shown!on l (117201, y
MHF Deli n Consultants,,I .
dated July, 2 ,revised October,2001).
m
k
x e Town of
construct" °� age i` y � � �from
North Andover,and MUF Design,Consultwits Inc, to verity conformance tothe de,s,"' n plan,
19
the
t. M w
i's to be respohslible:for mitfintenance of all drahialge Strudures' the
tems, The own-ek
o jec - includes � fdr , a pipes, se ' eat em
is Seven Hills Foundation,who will be-responsible for compliance with,Ws 01&M Plan.
w
R 1 � " ��
de lloIWMg,:,
the fol
Trashe a e contracted on a weekly basis.
IN
0 Sweepilig of parking.area is to b�done every month.
No de-icing chemicals are to be used " the -foot buffer zone,
Snow is to, be stored outs,idethe- buffer,zone such that melt-water flows into the
stormwater
Cleanin of the wtreatin,
Detention Sate' every 3 months and the "Downstream Defender" s
suggested by manufacturer. w
' � � � t � * e every re month!.
o Inspection fall a
W Is Inspection c � f all Cato Catoli Bay' every three months or after,all severe storms.
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