HomeMy WebLinkAboutPermits 242-1681 384 Osgood St 7/15/2016 i_6 Y--2 6--2 i.1 1 6 a
Massachusetts Department of Environmental protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1681
WPA Form 5-Order of Conditions eDEP Transaction#:843544
` (� Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. r OOC b.F Amended OOC
3.Applicant Details
a.First Naive RAY b.Last Name SANTILLI
c.Organization TOWN OF NORTH ANDOVER
d.Mailing Address 120 MAIN STREET
e.City/Ibwn NORTH ANDOVER f State MA g.Zip Code 01845
4. Property Owner
a.First Name RAY b.Last Name SANTILLI
c.Organization TOWN OF NORTH ANDOVER
d.Mailing Address 120 MAIN STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 384 OSGOOD STREET
b.Citylrowti NORTHANDOVER c.Zip Cade 01845
d.Assessors Map/Plat#94 e.Parcel/Lot# 2
f Latitude 42.69605N g.Longitude 71.11566W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 1116 264
7.Dates
a.Date NOI Filed: 5/27/2016 b.Date Public Heating Closed: 7/13/2016 c.Date Oflsstiance: 7/15/2016
8.17inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.ReNrised final Date: e.Scale:
IMPROVEMENT'S LINDEN
TO TIM PUBLIC ENGINEERING
GEORGE CUTTS, 06/30/2016 1"=40'
WORKS BUILDING P.E.PARTNERS LLC
(14 SHEETS)
B. Findings
Page 1 of 10*ELECTRONIC COPY
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I)EP FILE, #242 - 1681
Therefore, the North Andover Conservation Conunission (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: construction of a two story addition to the existing office
building and construction of a new salt shed to replace one existing on the site.
Associated work includes reconfiguration of existing parking, utility work and
storn-twater improvements. A buffer zone enhancement plan is also proposed. A
waiver under section 5.1 and 5.2 of the North Andover Wetland Protection
Regulations is requested and an alternatives analysis has been conducted.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Linden Engineering Partners, LLC
100 Trade Center, Suite G700
Woburn, MA
Title: Town of North Andover Department of Public
Works, Improvements to the Public Works Building
384 Osgood Street, North Andover, MA
Dated: May 27, 2016
Received: May 26, 2016
Site Plans prepared by: CSS Architects Inc
107 Audubon Road, Building 2, Suite 300
Wakefield, MA 01880 &
Linden Engineering Partners LLC
Last Revised: June 30, 2016
Stamped by: Richard George Cutts, P.E.
Sheets:
C-1 Overall site Plan &Sheet Index
C-2A Site Demolition, Preparation and Erosion Control Plan
C-213 Site Demolition, Preparation and Erosion Control Plan
C-3A Site Layout and Materials Plan
C-3B Site Layout and Materials Plan
C-4A Site Grading Plan
C-413 Site Grading Plan
C-5A Site Utility Plan
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G513 Site Utility Plan
C-6A-D Site Construction Details
Landscaping Plan
Prepared by: CSS Architects
Last Revised: 30 June 2016
Stamped by: Dennis Dale, R.L.A.
Stormwater Report
prepared by: Richard George Cutts, P.E.
Title: Stormwater Management Report
Dated: May 27, 2016
Peer Review Letters: Eggleston Environmental
32 Old Framingham Rd Unit 29,Sudbury, MA 01776
Prepared by Lisa D. Eggleston,P.E.
Date: June 8, 2016
Email Re: DPW
Dated: June 20, 2016
Peer Review Response
Letters: Linden Engineering Partners, LLC
Re: Response to Peer Review Letter Report
Prepared by: Richard G. Cutts
Date: June 14, 2016 &June 21, 2016
Other Record Documents: Operation and Maintenance Plan
Prepared by Linden Engineering Partners, LLC
Last Revised June 21, 2016
Illicit Discharge Compliance Statement
Signed by Bruce Thibodeau
Director Division of Public Works
Dated 6/14/16
22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
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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, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
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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 30prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. This Order of Conditions is issued in addition to those issued under File No. 242-1594.
A Certificate of Compliance (COCs) issued on 11/5/14.
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).
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33. The following wetland resource areas are affected by the proposed work: Riverfront
Area (RA), Bordering Land Subject to Flooding (BLSF), Bordering and Isolated
Vegetated Wetland (BVW & IVW) and the associated Buffer Zones. 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 these resource areas to the identified interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
35. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty„foot (50) No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as approved under the waiver
request detailed in the Notice of Intent and referenced herein. 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 Sectioll 3.4 &
Appeiidix F of the local Regulatiom).
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
38. The NACC finds the applicant's proposal for Riverfront Area/Buffer Zone restoration
plantings to be adequate. Riverfront/Buffer Zone restoration shall be constructed in
accordance with the "Landscaping Plan" dated 6 May 2016. Any deviation in
approved plan must be made in writing and approved by the NACC before
proceeding. Restoration Areas must be monitored for one full year following planting.
A monitoring report and photos of the restored areas shall be submitted one full year
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after plants are installed. Any plants that are not thriving after the initial monitoring
period must be replaced.
39. 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
40. 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.
41. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
R In the case of registered land, the Final Order shall also be noted on the Land Court
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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
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commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
42. A sign shall be displayed at the site not less than two square feet or more than three
E square feet in size bearing the words "Massachusetts DEP, File Number 242-1681."
43. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another g (public hearing at the expense of the applicant). Within
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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.
44. 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.
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45, Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated sequence of construction, including installation of erosion controls,
demolition, construction, paving and all other work approved through final
stabilization.
46. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. Except in wetland impact areas, 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.
47. Prior to the start of construction erosion controls shall be installed between all
construction areas and wetlands. Erosion controls shall consist of minimum 12"'
compost filter sock (biodegradable materials only, no plastic netting) or straw bales
backed by trenched siltation fencing (where required). The erosion control will be
survey staked and properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior
to the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
48. The applicant shall have on hand at the start of any demolition, soil disturbance,
removal or stockpiling, a minimum of 20 straw bales and sufficient stakes for staking
these bales, adequate length of silt fence to back these bales, and an adequate supply
of emergency erosion controls including crushed stone and silt sacks and any other
erosion controls the applicant proposes to use as part of the Erosion and Sediment
Control BMP's detailed in the Stormwater Report, the SWPPP (if required), and the
herein referenced plans. Said supplies shall be used only for the control of emergency
erosion problems and shall not be used for the normal control of erosion.
49. Prior to the commencement of any work, the applicant shall submit to the
Conservation Department a copy of the approved NPDES Storm Water Pollution
Prevention Plan (SWPPP) (if disturbance is more than 1 acre for the entire project),
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50. The applicant shall secure a performance bond in accordance with MGL c149 section
44E. This Order of Conditions shall be part of all bid documents supplied to potential
contractors and the bond shall remain in place through full compliance including the
issuance of a Certificate of Compliance. This condition is issued under the authority of
the local ByLaw.
51. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency 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 (or) 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.
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52. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
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inspect all sedimentation
insP erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
E' 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.
ction the ap
plicant shall permanently mark the edge of the '25' No
53. Prior to construction, pp p y g
Disturbance Zone" or the edge of existing vegetation on all delineated wetland
resource areas with signs or markers spaced evenly every fifty (50) feet incorporating
the following text: "Protected Wetland Resource Area" and the associated rules. This
will designate their sensitivity and assure no further inadvertent encroachment into
the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity.
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54. Prior to the start of building construction, a Registered Land Surveyor (R.L.S.) shall
stake the foundation locations within the 1.00-foot buffer zone. These measurements
will be verified in the field by the Conservation Department.
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 the NACC representative,
the contractor, the engineer, wetland scientist and the applicant to ensure that all of
the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
"STORM" ATER MANAGEMENT CONDITIONS
57. All construction and past-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
58. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. Evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer during construction. The first report shall be
submitted to the NACC one year after the first stormwater structure goes on-line and
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annual reports must maintained for a prior 5 year period in perpetuity. Maintenance
bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be
)5"Us
luded with annual engineering reports.
November 1, 2016, the Division of Public Works shall update and implement the
tormwater Pollution Prevention Plan for the Department of Public Works Facility
4 Osgood Street" (prepared by Woodard &Curran and dated June 29, 2012) with
the pertinent information from the Operation and Maintenance Plan referenced
herein.
60. The rip rap apron at the pipe outlet shall be reduced from the proposed 10' x 10' to a
maximum of 5' x 5' to reduce impacts to Bordering Vegetated Wetland.
61. 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.
62. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
3 63. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system 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
B
64. IMPORTANT: Immediately upon completion of the building foundation, and prior
to further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
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65. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and should be included with reports issued per Condition#52.
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66. All new catch basins shall, contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of
all accumulated silt and debris before a Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
67. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work is
occurring and until this section is complete. De-watering activities shall be conducted
as shown on the approved plans and shall be monitored daily by the erosion control
monitor to ensure that sediment laden water is appropriately settled prior to discharge
toward the wetland resource areas. No discharge of water is allowed directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland Bylaw. If 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,
68. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber,bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
70. 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.
71. A stone tracking pad shall be installed as shown on the herein referenced plan. Stone
used in the tracking pad shall be minimum 2-3" stone not crushed stone as specified.
Paved areas affected by the project shall be swept daily to remove sediment deposited
by construction vehicles accessing the site.
72. Stockpiled materials shall be stored in the area identified on the herein referenced
plans (Sheet C-213). There shall be no stockpiling of soil or other materials associated
with construction within fifty (50) feet of BVW or IVW.
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73. 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 (except where proposed to be blocked or removed). 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.
74. All disturbed areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to their original grade,
soil profile and vegetative cover. Soil used for this purpose will either be wetlands
topsoil or a minimum of 4" of quality loam with a minimum of 20% organic material
(soils to be amended with clean leaf compost if needed). This shall all be done in
accordance with DEP Massachusetts Inland Wetland Replication Guidelines and
Section 6.0 of the North Andover Wetlands Protection Regulations.
75. Washings from concrete trucks, or surplus concrete, shall not be directed to any
drainage system or wetland resource area. If truck washing is to occur onsite an area
for this activity must be designated and approved by the Conservation Department at
the preconstruction meeting.
76. 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.
77. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
78. 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
p during pollutant durin an phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored or
cleaned 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
79. No alteration or addition of underground storage of fuel oils is allowed under this
permit.
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80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
phosphorous free types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
81. Only the minimum required amount of road salt, sodium chloride, or other de-icing
chemicals shall be used on paved surfaces within 100' of resource areas, and any
arrangement for snow removal shall so stipulate due to the importance of the site and
wetlands. There shall be no snow stockpiling within 100' of the wetland replication
area.
82. Snow storage for the site shall be located on the site on pavement upgradient of the
stormwater treatment system. All drainage structures are to be kept clear of snow.
Excess snow should be removed from the site. See note 11 on sheet C-3A/B of the
herein referenced plans. "No Snow Stockpiling" signs shall be placed at the three catch
basins along "Wayne Street" and at the stormceptor units. These locations will be
confirmed with the Conservation Department prior to installation. Signs shall remain
in perpetuity.
83. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
84. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved, Stabilized slopes shall be
maintained as designed and constructed whether bioengineered or mechanically
stabilized.
85. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of off-site and all exposed unvegetated areas shall be
seeded.
86. 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.
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DEP FILE #242 - 1681
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
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➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
gregulated as a resource area under the local Wetland Protection Bylaw.
a ➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes as disturbance of soils or vegetation.
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j ➢ Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Build Zone shall be established from
the edge of adjacent wetland resource areas except in those locations
approved under DEP #242-1681. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC of the
Regulations for performance standards within these zones) The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw;
➢ Resource Area Markers (Condition #53);
➢ Stormwater Management System Maintenance (Condition#58);
242-1681,384 Osgood Street, Spec Conditions 13 NACC 11/3/2016
DEP FILE #242 - 1681
➢ Maintenance of catch basins (Condition #73);
➢ Discharge or spillage of pollutants (Condition #78);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #80 & #81);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#83);
➢ The herein referenced "Stormwater Operation and Maintenance Plan",
including Best Management Practices. No additional filings will be required
to conduct maintenance of the above referenced system and plan.
242-1681,384 Osgood Street,Spec Conditions l4 NACC 11/3/2016
DEP FILE #242 - 1681
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 ant the of
(position with owner) (owner name)
the owner upon whose Iand Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission,
3. I 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. I hereby affirm and acknowledge that on this day of 19
j I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
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I &
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#)
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3
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Signed under the pains and penalties of perjury this day of 19
j (Signature-authorized agent of applicant or owner)
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242-1681,384 Osgood Street,Spec Conditions 15 NACC 11/3/2016