HomeMy WebLinkAbout- Permits #242-1814 - 3 GREAT POND ROAD 9/14/2021 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1814
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEVTransaction-#--
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. From: - - �
been modified Conservation Commission
with added 2. This issuance is for
space to a. Order of Conditions b. El Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Lanie Finbur
y
a. First Name b. Last Name
Important:
When filling ..............
out forms on c.Organization
the 14 Lypde Street
computer, - ee --------------------
use only the a.Mailing'Address
-
tab key to Salem MA 01970
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
VQ a. First Name b. Last Name
Center Realty Trust
c.Organization
6A P.-O-.Bo-x--876 .......
d.Mailing Address
North Andover MA 01845
... ...........
e.City/Town f.State g.Zip Code
5. Project Location:
3 Great Pond Road (aka Old Center Hall) North Andover
a. Street Address b.City/Town
Map 96 Lots 21 &22
c.Assessors Map/plat--Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d41 m02s 71 d06m42s
.............
d. Latitude e. Longitude
wpaforn15.doc-rev 511812020 Page 1 of 13
4
�
�
�
Massachusetts Department of Environmental Protection Provided hyMamoDEr '
Bureau qfResource Protection - Wetlands 242-1814 �
����� � � Order � �� �.�.
��u ^� Form � ~— `����� ��u "�����U��ons
Massachusetts Wetlands Protection Act M.G.LO. 131. G40 ^DEp Transaction#
North Andover
A. General Information (cont.)
6 Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
1868 1757 205 47 respectively
c.Book d. Page
April 29 2021 September 1 September 14
'/. Dates:
m. Date Notice vf Intent Filed b.Date Public Hearing Closed 2021
V. Final Approved Plans and Other Documents (attach additional plan or document references �
as needed):
Proposed Site Plan Proposed 3 Unit C d i i
a.Plan Title
Hayes Engineering, Inc. Peter Ogren & Eric La �
u Prepared By c.Signed and Stamped by �
07-21'21 as shown
d.Fina|leviuiopm-at a o.8nele �
See Attached List of
f"Additional Plan or Document Title g.Date
B. Findings
�~n=D�~
"� ngs
1. Findings pursuant b/the Massachusetts Wetlands Protection Act:
�
Following the review of the Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the AcU. Check all that apply:
u �� Public b ' �l Land c �� Prevention of
� �� � �� Pollution
d � Private �� Fisheries � �� Protection of
� �� ^ � �� VWk1||hs Habitat
g. 0 Groundwater Supply h. Storm Damage Prevention i M Flood Control �
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) �
�
Approved subject to: �
a. [D the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall �
be performed in accordance with the Notice ofIntent referenced above. the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control. |
4
�
Massachusetts Department Of Environmental Protection Provided byMamuDcp: /
Bureau Of Resource Protection - Wetlands 242-1814
����� � � Order � �� �~�~ ��
mmu �� Form .� �� �����&�� ��m ����K�x�U^U������
Massachusetts Wetlands Protection Act W1.(5.L. C. 131. §40 ooEpTmnma6nn#
North Andover
QtyrTmwo �------
B~ Findings (cont)
Denied because:
b. El the proposed work cannot be conditioned to meet the performance standards set forth �
in the wetland regulations. Therefore, work on this project may not goforward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to �
�
protect the interests cf the Act, and e final Order of Conditions |missued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
o. [] the information submitted by the applicant is not sufficient to describe the site, the work,
nr the effect of the work on the interests identified in the Wetlands Protection Act.
Therafore, work on this project may not Qoforward unless and until o revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached bm this Order as per 310CN1R10.05(6)(c).
5. [Z Buffer Zone Impacts: Shortest distance between limit ofproject 10'
disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a-lineaFfeet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
�
4 []
� Bank aj����et —' b��e�Ke�-- c_Vvear feet-- ojmvar feet
�- �
a� Fl Bordering
Vegetated Wetland o.square feet b.equamfent o oquam�m d.square feet
o. Land Under
VVetarbodiesand a.square feet b.square feet -----
VVahynways -dredged f.c/y dredged
7. E-1 Bordering Land
Subject toFlooding o.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
�— /
G. [l Isolated Land �
Subject to Flooding a.square feet b.square feet �
Cubic Feet Flood Storage
���[����-- ��������-- ,�'�m"n�x-- f�n»,���--- �
�
8. R RiverfrontAmaa
a.total sq.feet b.taal sq.fbet
SqM within 1UOhc.square feet d.square feet e.square feet f.square feet
|
Sq ft between iO0- �
200ft g.uquare feet h.square feet |.square feet ).square feet
~paform5.w 'rev m,wzmm Page 3mm
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1814Massl7EP-1File
iIe 11#I
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CEP Transaction
ILI North Andover
bty/To-w" n
............. .............
B. Findings (cont)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
lo. F] Designated Port Indicate size Linder Land Under the Ocean, below
Areas
11, F1 Land Under the
Ocean a.square feet b.square feet
c.&ty"jre-dgecf -6—:c/y dredged
12. n Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. E] Coastal Beaches .............. 6-cu--yd cu yd
a.square feet b.square� —c.nOLInshment d. nourishment
14. El Coastal Dunes .......... cu yd cu yd
a.square feet b.square feet c.nourishment d, nourishment
15. ❑ Coastal Banks
a. linear feet b. linear feet
m. Rocky Intertidal
—
Shores a.square feet b.square feet
17. El Salt Marshes -----------
a.square feet b.square feet c.square feet d.square feet
1& 171 Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d,c/y dredged
19. n Land Containing
Shellfish a square feet b.square feet� c.square feet 'd.square feet
M 0 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
--------------------
a.c/y dredged b.c/y dredged
21. F Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. El Riverfront Area
a.total sq.feet b.total sq.feet"
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
vtpaform5.doc-rev 5/1812.020 Page 4 of 13
4
Massachusetts Department qf Environmental Protection Provided bYMmmDEP: �
Bureau of Resource Protection - W4etl8DdS 242'1814
@���� � � Order � Conditions
wmn �� Form ~v ~� ���v���� ��w ������woU�Uons
Massachusetts Wetlands Protection Act K8.G.L. C. 131. §40 ooEp Transaction#
North Andover |
�
B. Findings (cont.)
^#o».Vthe 2l Fl Raskznubon8Enh�n��n�ent°
��e�io�r ��
the Purpose of
mumn r
enhancing a.square eet of BVVV ----- -------rsfi
—
wetland
mmmmeanea 24� [] 8keamCmnoing(s): �
|n addition m �
the square
footage that a.number vv new stream crossings o.number m replacement stream crossings �
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SactionB.5.v
(BVVV)or
The foUnvvn8con�U0onemrm �nk/ mppUo�b|aho&m�rmv�d ����ot�
n.17,n(Sau ' ' ' '
Marsh)ub««e' 1. Failure to compk/v�th all conditions stated herein, and with all related statutes and other
please enter
'
the additional regulatory measures, shall be deemed cause ho revoke ormndih/this Order.
amount here, 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury toprivohaprnpertyorinvami000fphvahyrighta.
3. This Order does not relieve the permitt*eoc any other person Vf the necessity nfcomplying
with all other applicable federal, state, or local atatutem, ondinanoes, by|avvo. or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years, i
but |eeo than Ova yVara, from the date of issuance. If this Order is intended to be valid �
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth aaa special condition in this Order.
o. |f the work ie for a Test Project, thioOnderofCondiUonsuhaUbevaUdfornonnorathan
one year,
S. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for m Test Project maybeexhsndedfVrone �
�
additional year only upon written application by the applicant, subject to the provisions of 310 �
CyWR1O. `O5 )(� �
M1. '� �
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of �
Conditions does not extend the issuance date of the original Final Order of Conditions and �
the Order will expire on unless extended in writing by the Department. i
!
7. Any fill used in connection with this project sha8bedeanfiU. AnyfiUehaUoontsinnohash. �
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, vvire, ladh,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing. |
4
Massachusetts Department nf Environmental Protection Provided by MasslDsP: �
242-1814
[�U[eaUDf Resource Protection - V�Qtl@DdS
&������ K� �� ���x� � Conditions
��u �� Form ~� —~ Order ��n ������v����ons |
Massachusetts Wetlands Protection Act K8.G.L. C. 131, §40 erJEpTrmonuction# �
|
North Andover
.bit'
C. GeneralConditionsUnderMassachusetts W�tlands Protection Act
& This Order is not final until all administrative appeal periods frorn this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been �
completed. �
|
A. No work shall be undertaken until the Order has become final and then has been recorded �
in the Registry of Deeds or the Land Court for the district in which the land is located, within �
the chain of title of the affected property. In the case of recorded land, the Final Order shall �
also be noted in the Registry's Grantor Index under the name of the owner of the land upon �
which the proposed work is to be done. In the case of the pmgishanad land, the Final [)nJer
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Oeeds, prior to the commencement of work.
18. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size hearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP]
"File Number 242-1814 ^
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before K800sDEP. !
�
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form &A) to the Conservation Commission.
13, The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to �
�
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of new Notice of Intent. �
15. The Agent or members of the Conservation Commission and the Department of �
Environmental Protection shall have the right io enter and inspect the area subject tnthis �
Order at reasonable hours to evaluate compliance with the conditions stated in this Order, �
�
and may require the submittal of any data deemed necessary by the Conservation �
Commission or Department for that evaluation.
�
16. This Order of Conditions shall apply to any successor in interest or successor in control of �
the property subject to this Order and to any contractor or other person performing work /
conditioned by this Order,
4
�
Massachusetts Department of Environmental Protection Provided bYMao oEp |
2421814
[�U[8@UDf ��8SOU[C8 Protection - \�&ef@Dd8Ma - �
����� � � ���� � Conditions
m�, �� Form ~� ~~ ��n ��K�� ��" ������v�U�Kons
Massachusetts Wetlands Protection Act K8.G.L. C. 131. G40 eDEpTmnua�ion# �
"
NorthAndover
Citw7nwo
C. General Conditions L]Ddey Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall �
be maintained until a Certificate of Compliance has been issued by the Conservation �
Commission. �
�
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have �
been fully stabilized with vegetation or other means. Adno time shall sediments be �
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments �
as needed. The applicant shall immediately control any erosion problerns that occur at the �
site and shall also immediately notify the Conservation Commission, which reserves the �
right to require additional erosion and/or damage prevention controls it may deem �
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
�
work line has been approved bv this Order,
18. The work associated with this Order(the "Project")
(1) is subject to the Massachusetts StormwabarStandards
(2) [] is NOT subject to the Massachusetts StornnvvaterStandards
|f the work is subject to the StnrrnxvmhorStandandm' then the project is subject to the
following conditions: �
a) All work, including site preparation, land disturbance, construction and redevelopment, �
ahoU be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Gtormvvohar Pollution �
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by ShzrmwaharConUiUnn 8. Construction period
enoaion, sedimentation and pollution control measures and best management practices
(B[WPo) ehaU remain in p|eno until the site is fully stabilized.
b\ No �
. �
unless and until o Registered Professional Engineer provides m Certification that:
i all construction period BK8Pa have been removed or will be removed by a date certain
specified in the Certification. For any construction period BN1Pe intended to be converted �
to post construction operation for ehormvvaberattenuation, neohorge, and/or treatment, the �
conversion is allowed by the MassDEP Storrnwater Handbook BMP specifications and that �
�
the BN1P has been properly cleaned or prepared for post construction operation, including �
removal of all construction period sediment trapped in inlet and outlet control structures; �
fi. os'buikfine|construction BK8P plans are induded, signed and stamped by a Registered �
�
Professional Engineer, certifying the site is fully stabilized; |
hii. any illicit discharges to the shormnwatar management system have been nemnvad, as per
the requirements nfStormvvabarStandard 10; |
4
�
|
Massachusetts Department of Environmental Protection Provided bYMoa ocp
Bureau of Resource P[QtGCtiDD - \8/8fl@Dd6 242'1814
W A Form 5 — Order of Conditions ' �
�
Massachusetts Wetlands Protection Act K8.G.LC. 131. §40 oDEPTmnaovWon# �
North Andover
ityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction stormwmherBKAPeare installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("D&N1 Statement) for the
StormwmharBMPm identifying the party responsible for implementing the stormwaharBMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i) the (]&W1 Plan is complete and will be implemented upon receipt ofthe Certificate of
Cnmp|iamma, and
ii.)the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stornovvotar Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
8tornnvvetar Report and, if applicable, the Stn/mwater Pn||uUoo Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easenmmnt, ossunloa responsibility for maintaining each BW1P. To overcome this
presumption, the landowner of the property must submit to the issuing authority alegally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implernenting the
requirements ofConditions 18/Mthrou8h 18(k)vvi(h respect to that BN1P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. |n the case ofntormvvmterBk8Pa that are serving more than one lot, the
|aOa||y binding agreement shall also identify the lots that will be serviced by the otor0waLor
BKAPa. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement,
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
GtormnvvaterHandbook,
°*ammo.doc'rev 511mc02u Page*mm
4
�
Massachusetts Department of Environmental Protection Provided byMmonneP:
Bureau Of Resource Protection - W 242
\�t|2Od8 -1814
�
����� � � ���� � �� �.�~
��u �� Form ~^ �� ��"����� ��" ������^�Um�ons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 uoEP Transaction#
North Andover |
�
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g\ The responsible party shall: |
1. Maintain an operation and maintenance log for the last three (3) consecutive �
calendar years of inspections, repairs, maintenance and/or replacement of the �
storn)water management system ur any part thereof, and disposal (forUispneo| the �
. �
log shall indicate the type Vf material and the disposal looaUon);
2� Make the maintenance log available b» KUsnsDEPand the Conservation �
Commission ("Commisaiun") upon request; and
3. Allow members and agents of the KAassOEP and the Commission tn enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BKUP established in the O8N1 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 tV the shormwehar management system as defined in 310 CPWR 1M4
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval uf the issuing authority,
k\ Areas designated es qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority. '
|) Aocaam form�inhananoe. repair. �nd6nrrnp|�oem�n�ofBK8Peehe|| not !
' �
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage,
Special Conditions /ifyoVnaadnoor� op���fnr���d|�n�| CODdibon�' p|eaoam��oh � hex� |
' |
document):
�
�
�
20. ForTest Projects subject to 310 CMR 10.05(11), the applicant shall also implementthe
monitoring plan and the neahuraUun plan submitted with the Notice of Intent. If the �
conservation commission or Department determines that the Test P.~o�eotthreatens the
�
public health, safety or the environment, the applicant shall implernent the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department. |
|
�
4
�
Massachusetts Department of Environmental Protection Provided hyMossoep:
Bureau Of Resource PPOtBCfiOO - W4etl@OdG 242-1814
������� �� �� Order � Conditions
LLi-- �vo �� Form ~, -- �������� ��u ����K�^�U�Uons
Massachusetts Wetlands Protection Act K4.G.L. c. 131. G4O eDEP Transaction#
North Andover
6ftown �
D~ F~nd~ngsUKndeKMun~c~paUWetUan«8s Bylaw or Ordinance
1, |ae municipal wetlands bylaw or ordinance applicable? 0 Yes Fl No
z The NodhAndover hereby finds (check one that mpp|ieo)�
a. El that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
Therehone, work on this project may not goforward un|aaa and until a revised Notice of �
Intent is submitted which provides measures which are adequate to nneet these �
�
standards, and o final Order of Conditions inissued. �
b. 0 that the following additional conditions are necessary tocomply with omunicipal �
ordinance nrbylaw:
�
North Andover Wetlands Protection Bylaw&Regulations ChepL 190
1.Municipal Ordinance orBylaw ecseq
I The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text docVmend:
North A d Conservation Commission Findings & Special Conditions
°pmomm.do 'fey onm20c Page mmm
4
�
Massachusetts Department of Environmental Protection Provided hyMm; oEp �
Bureau of Resource Protection - Wet %4D�RD�S -1814
����� Form5 �� OrderofConditions ---- ' —'' |
Massachusetts Wetlands Protection Act M.G.Lc. 131. §40 �
North Andover |
E. Signatures
This Order is valid for three years, unless otherwise specified oaespecial
condition pursuant Uo General Conditions#4.from the date cfissuance. 1. Date of Issuance
Please indicate the number cf members who will sign this form. �
This Order must bm signed bya majority of the Conservation Commission. 1 Number ufSigners �
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A �
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, ifnot filing electronically,and the property owner, ifdifferent
from applicant.
. 8
az
Signat M. Prir�ted Name
Signature Printed Name
Sig
n re Printed Name
SignatUre Printed Name
ignature dell Printed Name A
nature Printed Name
hand t�� bvoerU�d mod[ return receipt
' ��. .
' " requested, on
4
�
�
i
!
Massachusetts Department of Environmental Protection Provided byMmomoeP: /
Bureau of Resource Protection - Wetlands 242'1814 �
WPA Form 5 — Order of Conditions �
Massachusetts Wetlands Protection Act K0.G.L. C. 131, Q4O aDEP Transaction# /
North Andover !
�
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject bz this Order, or any ten residents of the city o[town iD which such land islocated, |
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a �
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental �
!
Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
�
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this �
appeal will be required to demonstrate prior participation in the review ofthis project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the doaa of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order. �
�
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(KA.G.Lo. 131. § 48). and io inconsistent with the
wetlands regulations (310 CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction. '
�
�
�
�
�
�
4
|
�
�
Massachusetts Department cd Environmental Protection Provided by Ma»»nEP:
Bureau Qf Resource Protection - Wetlands z*/'/«/*
K������ 0� �� Order � Conditions
---- —ile'
��n o� Form � — ~����� �� "����������ons
Massachusetts Wetlands Protection Act K0.G.LC. 131. §40 *mEpTmneectinn#
North Andover
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of �
Deeds or the Land Court for the district in which the land is located, within the chain of title of �
the affected property. In the case ofrecorded 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 Vf 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 ho the Conservation Commission listed below.
North Andover
onservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Cnnnmioninn�
_ _ _ __ __ _ __
|o:
North Andover
-6-6riservation Commission
Please bo advised that the Order uf Conditions for the Project gt:
3 Great Pond Road 242-1814
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
Center Realty T �
for ~'^ ' ~~ ^
rope I
and has been noted in the chain of title of the affected property in: �
1868 1757 205 47respectively
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
instrument Number
|f registered land, the document number identifying this transaction is: �
Signaturepp
"pm"=^^" 'rev own/2om Page mm10
DEP FILE #242 - 1814 3 Great Pond Road
Current Project
ject Site Conditions: The project site currently consists of two parcels (Map 96
Lots 21 & 22) totaling 14,986 +/-s.f. 3 Great Pond Road consists of an existing 3-story
historic building known as the Old Center Hall aka Grange Hall, with associated paved
driveways, lawn and landscaped areas. The adjacent parcel consists of lawn and wooded
areas.
The NACC agrees with the delineation of the following wetland resource areas as revised by
the Conservation Administrator during a May 20 2021. site inspection, and as reflected
on the approved plan. The applicant has not attempted to overcome the presumption
of significance of these resource areas to the identified interests in the Act and
Bylaw.
a. Bordering Vegetated Wetland (BVW) - Wetland Flags #1 - #12
b. Bank of Intermittent Stream
c. 100-Foot Buffer Zone to BVW
d. The project does not lie within NHESP Priority Habitat or within 100 feet of
vernal pools
e. The project does not occur within the 100-year floodplain
f. The project does not occur within 200-Foot Riverfront Area- per May 13, 2021
Hayes Engineering Brook Status report
There are no previous permits or records are on file with the Conservation Department for
these parcels.
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the -plans, specifications or other
,pro.posals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
MINE
21. The proposed work includes: conversion of the existing building into a 3-unit
condominium with paved parking area with retaining wall, infiltration stormwater
management system with associated Stormceptor and catch basin overflow,,
landscaping, removal of existing pavement and foaming & seeding on the easterly side
of the building. The existing building will be renovated to create 3 condominium
units, with exterior building improvements including roof repair, utility realignment
and connection, installation of new gutters and downspouts (to be connected to
3 Great Pond Road 11242-1814
Findings&Special Conditions
Page 1 of 14
I
DEP FILE # 242 — 1814 3 Great Pond Road
infiltration chambers) while maintaining the building's current footprint and historic
features.
The ZBA issued a variance related to parking and driveway design standards and
notice of said decision was issued on May 5, 2021.
The Planning Board issued an approval for this project under a Site Plan Special
Permit dated June 1, 2021.
The proposed sub-surface storn-iwater infiltration system with associated features, a
portion of the proposed paved parking area and associated retaining wall are located
within the 50-Foot No Build Zone. The applicant submitted a waiver request and
supplemental alternatives analysis to support their request for allowing these features
to be located within the 50' NBZ, After due consideration and review, the NACC
voted to grant the waiver as the applicant demonstrated to the Commission's
satisfaction there are no other alternative locations that would result in less
disturbance or facilitate the proper function of the infiltration system, ensure stability
of the retaining wall, or provide safe access to the site per ZBA decision.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Lanie Finbury
14 Lynde Street
Salem, MA 01970
Property Owner: Center Realty Trust
P.O. Box 876
North Andover, MA 01845
Project Representative: Hayes Engineering, Inc.
603 Salem Street
Wakefield, MA 01880
Notice of Intent: WPA Form 3 and associated documents, narrative and
associated attachments
Dated: April 2021
Prepared by: Hayes Engineering, Inc.
Site Plans prepared by: Hayes Engineering, Inc.
Signed Peter Ogren &Eric Lane
""Cover & Index Sheet, Cl" Sheet 1 of 4, dated 04-27-21
"Existing Conditions, C2" Sheet 2 o f 4, dated 04-27-21
"Proposed Site Plan, C3 Site Plan" Sheet 3 of 4, dated
07-21-21
3 Great Pond Road #242-1814
Findings&,Special Conditions
Page 2 of 14
DEP FILE 9 242 - 1814 3 Great Pond Road
Proposed Site Plan, C4 Detail Sheet", Sheet 4 of 4, dated
04-27-21
Other Documents: Email Correspondence - Town Engineer peer review
Comments dated10-24-20 thru 05-20-21
Prepared by Hayes Engineering, Inc.:
Stormwater Management Report, dated 04-27-21
#3 Great Pond Road, Brook Status report, dated 05-1.3-21
Additional information re: location of subsurface
Infiltration, dated 06-01-21
Test Hole Data, dated 06-28-21
#3 Great Pond Road Supplemental Information, dated
08-04-21 "Includes Construction PhLising'
23. 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.
24. The conditions of this decision shall apply to, and be binding upon., the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. 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,
26. 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.
27. 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
3 Great Pond Road #242-1814
Findings&Special("Onditions
Page 3 Qf 14
DEP FILL # 242— 1814 3 (I'Freat Pond Road
or regulations, The Conservation Department will be copied on any permits or
approvals from the Army Corp of Engineers as part of the General Permit process.
28. The work authorized hereunder shall be completed within three years from the date of
this order,
29. 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 21-1—ir—ty
days (30) prior to the expiration date of the Order (Ref r to Section 8.3 of the North
Andover Welland Regi.dations).
30. 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.
31. 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.
32. 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 is established from
the edge of the adjacent wetland resource area as shown on the herein referenced plan.
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,
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
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.
3 Great Pond Road U242-1814
Findings&Special conditions
Page 4 of 14
DEP FILE #242 — 1814 3 Great Pond Road
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds, in its entirety,
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done, In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A check payable to the Town of North Andover shall be provided in the amount of ten
thousand dollars ($10,000), which shall be in all respects satisfactory to Town Counsel,
Town'Treasurer, and the NACC, and shall be posted with the North Andover Town
Treasurer through the NACC before commencement of work. Said deposit of money
shall be conditioned on the completion of all conditions hereof, shall be signed by a
party or parties satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provisions, satisfactory to the NACC,
have been made for performance of any conditions which are of continuing nature.
The applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local Bylaw.
39. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall have the
3(head Pond Road #242-1814
Findings&Speciat Condiflons
Page 5 of 14
DEP FILE H 242— 1814 3 Great Pond Road
authority to stop construction for erosion control purposes and direct actions for
remedies. 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.
40. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21. days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
41. A sign shall be displayed visible from the public right of way, not less than two square
feet or more than three square feet in size bearing the words "Massachusetts DEP, File
Number 242-1.814."
42. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
43. At a minimum and differing from the approved plan detail sheet erosion control shall
consist of 12" mulch sock staked and backed by entrenched siltation fence shall be
installed as shown on the herein referenced plans and as determined necessary by the
NACC or its agent. The erosion controls will be properly installed and placed as
shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC or its agent.
The NACC reserves the right to impose additional conditions on portions of this
project to mitigate any impacts which could result from.site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
3 Great Pond Road 11242-1814
Findings cQ,Special Conditions
Page 6 of 14
DEP FILE # 242— 1814 3 Great Pond Road
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACQ, they shall be installed within 48 hours of the Commission's request.
44. All existing catch basins within 200' of the work shall be protected by Silt Sacks to
prevent sediment from entering the drainage system. Silt Sacks or other catch basin
protection 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 and/or Conservation Department has formally approved their
removal,
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, 50 feet of additional mulch sock with sufficient staking, and not less than
three (3) 100% biodegradable erosion control blankets, protected from the elements,
Said erosion control shall be used only for the control of emergency erosion problems
and shall not be used for the normal control of erosion.
46. A construction schedule shall be forwarded to the Conservation Department for
review and comments. The construction schedule shall. incorporate Construction
Phasing as outlined in Hayes Engineering August 4, 2021 Supplemental Information
submittal.
47. Prior to construction, the applicant/contractor shall submit a seed specification that is
native to New England for the seeding of the easterly side of the building, In addition,
there shall be a shade seed mix included that shall be applied to the slope between the
wetland and east of the limit of erosion controls.
48. Prior to construction and in consultation with the Conservation Department, the edge
of the 25' No Disturb Zone shall be monumented with 4x4 pressure treated posts
bearing wetland markers at a 30-foot interval for a total of eight(8) posts. Said
markers shall incorporate the following text on their upland side: "Protected Wetland
Resource Area". This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. Said markers are available for purchase in the
Conservation Department at Town Hall. 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.
49. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required for
this project, and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
30-eal ford Road #242-1814
Findings&speciol Conditions
Page 7 of 14
DEP FILE # 242— 1814 3 Great Pond Road
granted. Note: The Building Permit shall have been applied for at the time of a pre-
construction meeting with the Conservation Department, and Conservation
Department sign off will not be granted until pre-construction conditions are satisfied,
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be oil site during
and/or following a major storm events of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure,
51. 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.
52. 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,
53, Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the engineer, wetland scientist/monitor and the applicant to ensure that all
of the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
3 Great Pond Road #242-1814
Findings&Speeial Conditions
Page 8 ol'14
DEP FILE # 242— 1814 3 Great Pored Road
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. 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.
55. All new catch basins shall contain oil/grease traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/grease traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Certificate of Compliance is issued and the owner
or his/her agent shall so specify in the request for Compliance.
56. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system, unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation which might cause failure of the
system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
57. All stormwater best management practices shall be maintained as specified in the
attached Operation & Maintenance and Long-Term Pollution Prevention Plan &
Inspection, Maintenance Report Form (aka Operation &Maintenance Plan) (attached
hereto), dated August 4, 2021, submitted with the Notice of Intent and incorporated in
the Order of Conditions. Evidence of maintenance of the stormwater management
system shall be provided to the NACC on an annual basis by a Registered Professional
Civil Engineer or other qualified professional post construction. The first report shall
be submitted to the NACC one year after the first stormwater structure goes on-line.
The approved Operation & Maintenance Plans are fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be
adhered to in perpetuity.
58. Water quality in down gradient BVWs shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
3(;real Pond Road U42-1814
Findings&,Special Conditions
Page 9 of 14
DEP FILE # 242- 1814 3 Great Pond Road
[�DURING CONSTRUCTION
59. Upon beginning work, the applicant shall submit written weekly progress reports
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. Reports shall be submitted in as part of the weekly environmental
monitoring report.
60. If required, dewatering shall be conducted outside of the 25' No-Disturbance Zone.
Dewatering locations shall be designated at the pre-construction meeting and means
and methods shall be approved by the Conservation Department. No discharge of
water is allowed directly into an area subject to jurisdiction of the Wetlands Protection
Act. 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,
61. Associated pavement and roadways shall be swept at daily or as directed by the
Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff
for as long as the site remains exposed and un-stabilized.
62. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing, Any fill imported to the site must be accompanied by a certificate of on
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
63. 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, loarned 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.
64. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical) unless otherwise shown on the approved plan set. Slopes of steeper grade
shall be rip-rapped to provide permanent stabilization.
65. There shall be no stockpiling of soil or other materials within one hundred 25 feet of
any resource area. Stockpile locations for all erodible materials (stone/soil) shall be
3 Great Pond Road 042-1814
Findings ct,Special Conditions
Page 10 of 14
DEP FILE # 242 — 1814 3 Great Pond Road
confirmed at the pre-construction meeting. All stockpiled material shall be contained
within erosion controls, and at the Conservation Administrator's direction surrounded
by separate erosion controls if deemed necessary. Excavated material not suitable for
re-use shall be trucked off-site,
66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
67. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain 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.
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
69. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
70. Prior to the Conservation Department sign off on any Certificate of Occupancy, Snow
Management Signage shall be installed on site indicating areas of allowable and
prohibited storage/stockpiling of snow. Verbiage, number and locations of these
signs shall be coordinated with the Conservation Department. This signage shall
remain posted and be replaced as necessary in perpetuity.
AFTER CONSTRUCTION
71. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
72, Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
3 Great Pond Road #242-1814
Findings&,S'qeciat Conditions
Page 110 of 14
DEP FILE H 242- 1814 3 Great Pond Road
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of theTown's Wetland Protection Bylaw and
shall remain in perpetuity.
73. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
74. 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.
75. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
foaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
76. 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.
77. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c, The name and address of the current landowner,
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted,
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and docurnents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan of the new portions of the sewer pipes and pump station shall
be prepared and signed and stamped by a Registered Professional Civil Engineer
(P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for
the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. Specifically, "As-Built" plans should include inverts of all drainage
structures above and below grade (also to be provided in table format), and
3 Greal Pond Road #242-1814
Findings&Special Conditions
Page 12 of 14
DEP FILE #242— 1814 3 Great Pond Road
an engineer's certification that the drainage system has been constructed
and is functioning in accordance with the approved design. NOTE: If
portions of the stormwater systems exist partially within the Buffer Zone
then the entire structure must be depicted to accurately verify compliance.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes A Ui disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
78. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones) The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw (Condition #32);
Maintain wetland markers at 25' NDZ (Condition #48);
Adherence to the attached "Stormwater Operation & Maintenance Plan."
No additional filings will be required to conduct maintenance of the above
referenced system as detailed in the report (Conditions #57);
Discharge or spillage of pollutants (Condition #69);
Maintain Snow Management signage (Condition #70);
Prohibition of underground fuels (Condition #71)
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#72);
Limitations on de-icing materials (Condition #73);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #74).
3 Great Pond Road 11242-1814
rindings&Special Conditions
Page 13 of 14
DEP FILE # 242— 1814 3 Great Pond Road
APPENDIX A - AFFIDAVIT
-—----------- on oath(to hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions.,
have been placed upon by (DEP or NACC miniber)
the North Andover Conservation Commission.
&/or
2.......... I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions_.._....._
havebeen placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of --------- ------20
w
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions—--------- are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions—------------
(DEP File#)
Signed under the pains and penalties of perjury this--------- day of 20
. . ........ .....
(Signature-authorized agent of applicant or owner)
3 Great Pond Road #242-1814
Findings&,Special Conditions
Page 14 of 14
Project File: NOA-0074A
OPERATION AND MAINTENANCEPLAN
'AN' LONG-TERM POLLUTION
PREVENTION PLAN
3-Unfit Condominium
#3 Great Fond Road
North Andover, Massachusetts
Date; August 4, 2021
Prepared For.
Lanie' lnbury`
#14 Lynde Street
,Salem,MA
Hayes Engineering, Inc.
603 Salem Street
Wakefield, MA 01880
Tel: (781) 246-2800
Fax:(781)246-7596
Hayes Engineering,Inc.
OPERATION AND MAINTENANCE
3-UNIT CONDOMINIUM
#3 GREAT POND ROAD
NORTH ANDOVER, MASSACHUSETTS
August 4, 2021
GENERAL
The management plan incorporates a combination of three or more of the following chain of
structural Best Management Practices to improve the water quality of the stormwater runoff from
the proposed roadway.
1. Deep Sump Catch Basins with "Snout" Oil/Trash Hood
2. StormTech--SC-740 Subsurface Infiltration Chambers
3. Stormceptor STC-450i Oil /Grit Separator
4. Parking Lot/Street Sweeping
These stormwater management facilities have unique characteristics, uses, planning
considerations and maintenance requirements. The maintenance requirements, as suggested
by the DEP in "Volume 2 Chapter 2: Structural BMP Specifications for the Massachusetts
Stormwater Handbook", and the suggested schedules, are summarized in the following sections.
It is suggested that the following guidelines be adhered to for a one-year cycle following
completion of the project, then adjusted, as necessary, based on the results of the required
inspections, unless otherwise stated. Stormwater management device locations are shown on the
August 2021 Hayes Engineering, Inc. plan titled Stormwater System Plan,#3-Unit Condominium,
#3 Great Pond Load, North Andover„ Mass".
Catch Basins
Inspect catch basins at least 4 times yearly to identify presence of component darnage,
clogs, and trash and sediment accumulations..
➢ Inlets should be cleaned with a vacuum truck to remove sediment, trash, and petroleum at
least four (4) times per year, including in April and November, after heavy rain and
petroleum or chemical spills, and when sediment level is at least 1/depth from the invert of
the lowest pipe in the basin to the bottom of the basin.
Y "Snout" hood shall be maintained as described in the attached manufacturer's brochure
found at BMP, Inc.'s website:
https://www.bmpinc com/wp-content/wads/2019/02/BMP-Maintenance-19.pdf.
Damaged grates, basin, and hood components noted during inspections shall be promptly
repaired or replaced to ensure full function of these pre-treatment devices.
All sediments and hydrocarbons should be properly handled and disposed, in accordance
with local, state and federal guidelines and regulations.
1
O&M/LPPP
#3 Great Pond Road |
North Andover, MA02482 |
August 4. ZD21
bed conditions, Olu8eUnmd water depth, and presence of sediment. If inspection indicates |
that the system is clogged (poDding water present aft*[ 24 hours or sediment �
aoou0nQ(ahons pmanen0. replacement Or major repair GuUoVn may be required an |
determined by a professional engineer, In this case, the {|0RdoUniniVDl Owner's
Association (or designated property manager) and engineer shall determine the cause for �
this condition and devise aR action plan. Any required maintenance or major repairVYi|| bm
dVcumoeDtHd in the permanent log book and be completed within seven business days,
with a report of such to the TOVVD Engineer. |
° The inspection and noaiDtnnGnCm responsibility for the subsurface 8yebanO ohGU belong to �
the Condominium DVvnoro Association (or designated property ovvDer /DaDmVor if no
Regulating the pollutant input to the proposed water quality system is the priority maintenance
activity. Chemical and any substantial oil spillages should betrapped and FennVVed before
they reach the nhGnlbeFsystem,
GtornnonCtor chamber inspection and maintenance ohm|| be performed on a regular basis
as [ennnnnneDded by the manufacturer (described in the attached excerpt from the
StOrrnoepkzr W1eiO1eD8noe Brochure obtained from the 8tV[O0Cepto[ Nebsite
\ and as summarized below.
�^ Sediment naOloYe/ is KaooDOnlonded ODDV@||y but is likely to vary widely based on site
conditions and loadings. Typical maintenance cleaning shall be done with o vacuum truck,
Inspection for the Sto[nloeptor Unit will include a quantification of the sediment load and Oil �
and grease volumes, This is easily made from the Surface with a tube dipstick with ball valve
inserted through the d*eDout pipe or other access port, Inspection of the internal structure
should he part of the routine inspection plan. The units are designed to accept i5Y6oftheir �
capacity in solids annually based onDlGxinlurD drainage area loading. Removal ofsediment,
oils, and grease from the system will depend oD rates ofaonQnou|ah0n A|| ��d�Dl�nt �Odoi| �
� �
waste materials eh8|| he disposed of in accordance with all Federal, State, and Local |
regulations
Parking Lot Sweeping and Street Sweeping
In order to minimize the YSS load to the catch basins and those 0NPa downetrean it is planned �
to sweep the parking � p8v� aD� areas two CD times per year o[ more frequently if conditions
require. Based upon actual experience and documentation a revised schedule
� may besubmitted �
but all pavement areas will b* swept ot least once annually. �
During construction the developer will be required to sweep Great Pond Road as needed to collect !
any of-site tracking related to this project. This will be done as needed with a nleohaO|ce) i
eNm9pe[ �
3
O&M/LPPP
#3 Great Pond Road
North Andover, MA 02482
July 21, 2021
Removal of Siltation Controls
All siltation controls, including, but not limited to, mulch socks, hay bales and silt fence, shall
be removed, with the approval of the Conservation Commission as soon as practical after
paving, re-vegetation and total stabilization of the site. Unvegetated areas remaining in the
area of the siltation controls shall be loamed and seeded with the appropriate groundcover
to ensure re-vegetation as rapidly as possible after the removal of the siltation controls. In
the case of all proposed stormwater management facilities, during construction of the
proposed stormwater management system the developer shall be the owner and party
responsible for maintenance.
Owner and Maintenance Responsibilities
The Condominium Owners Association (or Property Owner if no COA established), and any
designated Property Manager will assume the responsibility of on-going stormwater system
maintenance, as well as the long-term pollution prevention plan, unless other legally-binding
agreements are established with another entity. Stormwater BMP maintenance records shall be
kept in a permanent log book or file on site for review by the North Andover Town Engineer and
Conservation Commission if requested.
4
O&M r LPPP
I
#3 Great Pond Road
North Andover, MA 02482
July 21, 2021
INSPECTION AND MAINTENANCE REPORT FORM
#3 GREAT POND ROAD
NORTH ANDOVER, MASSACHUSETTS
TO BE COMPLETED FOR REQUIRED INSPECTIONS AND MAINTENANCE
AT THE FREQUENCY SPECIFIED IN THE OPERATION AND MAINTENANCE PLAN
Inspector: Date:
Inspector's Title:
Days Since Last Rainfall: Amount of Last Rainfall:
_. �__....._...._......_ _ __._ -----..._-_�_____
BMP BMP BMP._.__ Corrective Action Needed
Installed at Maintenance And Notes
Grade? Required or
(circle one) performed?
circle one
1 Catch Basin inlets Yes No Yes No
And "Snout" trap
2 StormTech SC-740 Yes No Yes No
Chamber System
4 Stormceptor SC-450i Yes No Yes No
Oil Grit Separator
_.---------------------._ _... ___.._ _._,_._,_-------------___
5 Yes No Yes No
6 Yes No Yes No
_...-..-- --.-_......__.-.
7 Yes No Yes No
Additional Comments:
5
{
i
LONG TERM POLLUTION PREVENTION PLAN �
#3 GREAT POND ROAD
NORTH ANDOVER, MASSACHUSETTS
• Good housekeeping practices: Prevent or reduce pollutant runoff from the project
development through the use of street sweeping, erosion control and catch basin cleaning.
It should be noted that we are not seeking credit for TSS removal with street sweeping for
this project.
• Provisions for storing materials and waste products inside or under cover: All materials
stored on site should be stored in a neat and orderly fashion in their appropriate containers
and, if possible, under a roof or other secure enclosure. Waste products should be placed
in secure receptacles until they are emptied by a licensed solid waste management
company in Massachusetts.
• Vehicle washing controls: The project is comprised of a 3-unit condominium; therefore,
the responsibility of vehicle washing lies with each of the individual unit owners. The unit
owners shall prevent soap, scum and oily grit from entering the proposed drainage/
stormwater treatment system by utilizing commercial car wash facilities instead of washing
vehicles on site.
• Requirements for routine inspections and maintenance of stormwater BMPs: Follow the
guidelines outlined in the accompanying document titled "Operation and Maintenance
Plan" above.
• Spill prevention and response plans:
Prevention: All materials stored on site should be stored in a neat and orderly fashion in
their appropriate containers and, if possible, under a roof or other secure enclosure.
Products should be kept in their original containers with the original manufacturer's label.
Products should not be mixed with one another unless recommended by the
manufacturer. If possible, all of the product should be used up before disposing of the
container. The Manufacturer's recommendations for proper use and disposal should be
followed.
Response: Manufacturer's recommended methods for cleanup should be followed. Spills
should be cleaned up immediately after discovery. The spill area shall be kept well
ventilated and personnel shall wear appropriate protective clothing to prevent injury from
contact with a hazardous substance. Spills of toxic or hazardous material shall be reported
to the appropriate State and/or local authority in accordance with local and/or State
regulations.
• Provisions for maintenance of lawns, gardens, and other landscaped areas: The project
is comprised of a 3-unit condominium; therefore, the responsibility lies with the Property
owner, Condominium Owners Association or any designated Property Manager to
schedule and perform these activities.
• Requirements for storage and use of fertilizers, herbicides, and pesticides (Should any
questions arise about these materials the Order of Conditions for this project should be
consulted if applicable):
6
{
O&M LPPP
#3 Great Pond Road
North Andover, MA 02482
July 21, 2021
Fertilizers:. Fertilizers shall be applied in the minimum amounts recommended by the
manufacturer. Once applied, fertilizers shall be worked into the soil to limit exposure to
stormwater. Storage shall be stored under a roof or other secure enclosure. The contents
of any partially used bags of fertilizers shall be transferred to a sealable plastic bag or bin
to avoid spills.
Herbicides and Pesticides: Store herbicides and pesticides in original containers that are
closed and labeled, in a secure area out of reach of children and pets. Avoid storing in
damp areas where containers may become moist or rusty. Herbicides and Pesticides
should not be stored near food. Follow the label instructions strictly about where and how
much to apply. Do not put herbicides and pesticides in the trash or down the drain. Use
rubber gloves when handling and use an appropriate cartridge mask if using products
extensively.
• Pet waste management provisions: The project is comprised of a 3-unit condominium
therefore, the responsibility lies with the individual unit owners who own pets to perform
the cleanup and disposal of their pet waste.
• Provisions for operation and management of septic systems: The project will be serviced
by municipal sewer.
• Provisions for solid waste management: Waste products should be placed in secure
receptacles until they are emptied by a licensed solid waste management company in
Massachusetts.
• Snow disposal and plowing plans relative to Wetland Resource Areas: Designated snow
storage locations for the property are shown on the Hayes Engineering, Inc. plan titled
"Site Plan, 3-Unit Condominium, #3 Great Pond Road, North,Andover, Mass" referenced
in the Order of Conditions permit issued by the North Andover Conservation Commission
for this project.
• Winter Road Salt and/or Sand Use and Storage restrictions: This project borders on
sensitive wetland and stream areas, therefore environmentally friendly ice melt and winter
safety treatment products shall be used on the parking lot and walkway areas to the extent
practicable.
• List of Emergency contacts for implementing Long-Term Pollution Prevention Plan: The
responsibility lies with the Property Owner/ Condominium Owners Association.
I
7
4
REFER To Doalwwr 777z co "OPERATION AND
MAINTENANCE FL41V LONG MW POLLUTION
PROP. CATCH BASIN (OVERFLOW) PREwwm Pmm'FOR aup .4fAmElvAlvoF
R-95.2 (SET ABOVE GRADE) SCHEOULES AW METHODS.
1,2 1-99.88 (8- HOPE IN) PROPOSED SUB-SURFACE 2REFER TO HAYES ENGINEERING, //VO.
4"-MINUS RIP RAP PROPOSED S11T PLAN SHEET 4 FOR BAP
PROTECTION AROUND INLET. INFILTRATION OE TA/Z 5,
(8) SC-740 CHAMBERS
BOTTOM STONE=90.00
8" IW.=91.88 (IN/OUT)
.�o W"Y-50?0121 I -'W 17 171 STONE 800NO
(PIN IN L FA 9)
INO
`8 k
N3
(9;to
2 2
WF)� W P-5120121
R4DMH
6-
I!A 1-02.10'(BmHDP IN)
87�94
I=92-.25_(ROOF)
Y
AW R
011AMO\ -4501 n3�_A Ll 7 5014,
C-) A�v \ -- ,- RAT 11 .�1.
C) op :� &G
Rog 7�6 Rog
3WZ9 .c =9
c
T 7.75
!V!
L
c
TW=§8.5
-Z-
V- -A
c\1 t
T�=98.3
Bw=9 1
ct
q,q vw
TW2 1911' .
voly
-fl 19
FF-
ta
Sllps
EXISTING STONE BOON
FFNCE
rx LIMOU(PIN IN LEAD)
) WOOD OEM
FOUNDZE40
jlo-12
2_5 STORY 2�5 STORY WOOD HOUSE
WOOD HOUSE
2,5 STORY
WOOD gj&DING
3
STORMWATER SYSTEM PLAN
3-UNIT CONDOMINIUM SCALE: 1"=20' SOURCE:
#3 GREAT POND ROAD ol 20' 40'
NORTH ANDOVER, MASS. 8/4/21