HomeMy WebLinkAbout- Permits #242-1830 - 1101 TURNPIKE STREET 12/2/2021 4
Massachusetts Department Pmv�od4ymumaosp:
'
Bureau of Resource Protection -Wetlands 242-1830
����� � � Order � Conditions
m�u x� Form � ~� ������� ��n "����v��uUons
Massachusetts Wetlands Protection Act K8.G.L. u. 131. §4O vDEP transaction#
North Andover
A, GeneraUKnfor00at~on
Please note: North Andover
this form has 1. From.
--------
beenmo*meo Conservation Commission
with added zTh� �auonoa � �x
space to
u �DOrderc�CondiUons b[lAmmndad ()rdorofCondiUomo
accommodate (check one):
��� ^�
the Registry
of Deeds a. To: Applicant:
Requirements
B ved Auxfnnj-Paive
a.First Name b. Last Name
Important:
When filling Massachusetts Electric Com
out forms nn o.upJanizotmn
the 170 Medford Street
computer,
use only the —
---" ----
tabkeyW Malden MA 02148
move your ecit»/own ,.o,me u.Zip Code
uursur-oo
not use the 4. Property Owner(if different from app|ioon8:
return key.
a. First Name b. Last Name
----' Metrowest Real ty LLC
c.Organization
4O Sylvan Road
d.Mailing Address
Waltham MA 02451
5. ProjectLocotion:
1 Turnpike Street North Andover
a.Street Address b.CityfTown
107C 18
Latitude and Longitude, ifknown: 42U65m2518s '71d10m0076a
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Masa�u�� Depa� e�� Emi�nm��| P���Vn pm������:
Ma
ssachusetts
Bureau 0f Resource Protection - Wetlands 242-1838
WPA Form 5 __ Order of Conditions
Massachusetts Wetlands Protection Act M.G.Lc. 131. G40 emep Transaction#
North Andover
Ll
ityrrown
A. General Information (cont.)
6� Property recorded at the Registry ofDeeds for(attach additional information if more than
one parcel):
Northern Essex
'a�C66_nty b.Certificate Number(if registered land)
05326 0269
c.Book d. Page
10-14-2021 11-22-2021 12-02-21
7. Dates: Closed o.Date of Issuance
8. Final Approved Plans and Other Documents /oMaCh additional plan or document references
as needed):
Pole Barn Plan Set(5 sheets,1_
McKenzie Engineering Company, Inc. Peter M. ReVnolds, PE
b. Pre-pared"By c.Signed and Stamped by
Novemnber8 2021 Aoshown
*See Attached for List of d Documents & Pl ^
L Additional Plan or Document Title y. "a=
B. Findings
i. Findings pursuant io the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the mnyma in which work is proposed in significant to the following interests of the Wetlands
Protection Act 0heAot � Check�U that apply:' �0 u Prevention of
u. 0 Public VVoherSupply h. �D Land containing ShnUfioh � ��\|ut|on
f �� Protection of
d. 0 Private VVaterSupply e. �� Fisheries ��W|ifo Habitat
Groundwater Supply h. Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, aapropnsed, la: (oheshoneofUlefo||m*|nQboxen)
Approved subject to:
a �� the fo|\ovvingoondiUonawhich are necessary in accordance with the performance
� �~ndorUs set forth in the wetlands regulations. This Commission orders that all work shall--oa performed \noncordancewiththeNnbo .Notice 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.
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Massachusetts Department of Environmental Protection Provided uymaosDsp
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Bureau of Resource Protection -Wetlands 242'1830
�
WPA Form 5 _~ Order of Conditions
Massachusetts Wetlands Protection Act M.G.Lo. 131. §40 eoer Transaction#
North Andover
LI(
B. Findings (cont.)
Denied because:
b. Fl the pv000nndvvorkcannot becondiUonedtonneet the pe�onnenmastandards set fodh
evveU proposed
regulations, Therefore, work on this project may not go fmnwenU unless and
'� -�|anowNoUoeof|nten( iasubnnittedvvh|chpnovidesrneasureswhicUmreodequoteto
-'- �cttheinter�etsof�heA�t �ndm�no| C)nderofCondiUon� |eisauad AdemoripOmnmf
prove ' �
the
-- -performance ' ndandsvxh|oh[heproposedvvorkcannotnmwm«|sattaoModtothhm
Order.
c. El the informadonoubno�edbv the apol�anth; not oufMoiontto describe the ode. the vvnrk
or��theefha(tufthevvorkonthm �nhenaotaidenti�edinthoVVeUandeProtecUVnAoL Therefore, work on this project may not goforward unless and until e revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Autn interests, and a final Order ofConditions is issued. A
description specific information which im lacking and why itia necessary is
attached to this Order as per 310CKUR1O.05(8)/o\.
3 �� Bu�erZone |Onpooto: Sho�estdistance between UnniLofp ^project 51'
� disturbance n resource area specified in31OCK810M(1)(o) ajinear fe4
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration NtereUon Alteration Replacement Replacement
4. Fl Bank a_Vnear feet-- Tb. linear feet
-- \c.linear feet--- d.linear feet -
5� Bordering
Vegetated Wetland a.square feet o.square feet c.square feet ~.square feet
6. �� Land Under
V\aterhodiesand a.square feet u.square feet ;.square feet °.square feet
Waterways
r. [l Bordering Land
Subject toFlooding a.square feet ".square feet ^.square feet ,,square feet
Cubic Feet Flood Storage e.Cubic met-- f.cubic feet -- g.cubic feet h.cubic feet -
8� Fl |oo|miedLand
Subjoctto Flooding o.square feet o.square feet
Cubic Feet RondSh»mAe ,_�����f-- d�umcf�t-- i�c���et�- ?��6�»��--
1255 1.�5o
9. RiverhnntArem
1,255 1.255
Sq0withini00ft tmqummfeet
C.square Sqft between 1U0- 1255 1.265 currently
200ft g.square feet ih.square feet degraded j.square feet
| wmm,muo� �.s1eumn p"�uor�n
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Massachusetts Department of Environmental Protection Provided uvMooaoEp
Bureau Of Resource Protection - Wetlands 242-1830
Ll I WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 moeprmnmu6t/onw
North Andover
B~ Findings /cOOf.\
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1O. [] Designated port Indicate size under Land Under the Ocean, below
Areas
ii. 11 Land under the
Ocean a.square feet o.square feet
io
Indicate size under Coastal Beaches and/or Coastal Dunes
� ���� Barrier Beaches below
« d
13. Fl Coastal Beaches
a.square feet b.square feet c. nourishment d. nourishment
nu d d
14. Fl Coastal Dunes
a.square feet b.square feet c.nourishment d. nourishment
15, 171 Coastal Banks -a�����et_- l—b.xr-e avf e e-t'--
1O. Fl Rooky Intertidal
Shores a.square feet o.square feet
17. El salt Marshes
a.square feet b.square feet c.square feet d.square feet
|a. [l Land Under Salt
Ponds o.square feet v.square feet
19� [:1 Land Containing
Shellfish o.square feet o.square feet ^.square feet ,.square feet
20. Fish Runs Indicate size under Coastal Banks, Inland Bank' Land Under
-- the Ocean, and/or inland Land Under VVetorbodiemand
Waterways, above
21� LondSuNeotto
Coastal Storm a.square feet n.square feet
Flowage
^
22. [] RiverfrontAnaa
Sq h within 100 k c.square feet d.square feet e.square feet f.square feet
8qft between 1OO'
200ft Q.square feet n,square feet /.square feet /.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP: �
�
Bureau Of Resource Protection -Wetlands 242-1830
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act K8.G.Lo. 131, §40 eoer Transaction#
North Andover
ityfTown
B. Findings (cont.)
°#o3.Vthe aa �l Restoration/Enhancement
PnVo�im/o/ ^~
the purpose of
restoring or l��oummheoiofn�Kmamh
enhancing a.square-- BVW
wa|and� x4 �l Stream
resource area
� ^~ `
|n addition tn
the square
footage that a.number°'new stream crossings b.number of replacement
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SemionB.5.c
(Bmm)m The following conditions are only applicable bm Approved projects.
B1To(Salt
Marsh)above, 1� Failure to comply with oUoondiUonmstated herein, and vvithaUrelated u�twtesand other
please enter regulatory measures, oho|| b� deome� nmu��bomevok�ormod|h/thisQrder.
the additional
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amount here. 2. TheOrder does not grant any property rights nr any exclusiveprivileges; it does not
authorize any injury to private property orinvasion of private rights.
S. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable hadmns|, ntate, or local ntetutes, ordinances, by|mvve. or regulations.
4. The work authorized hereunder shall be oornp|atad within three years from the dote of this
Order on|ega either ofthe following apply:
e. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but |emm than five yeare, 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 osa special condition in this Order.
o. |f the work io for a Test Project, thisOndarofCondihonumha\| heva8dfornonoonathan
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project nnmybeexhendedforono
additional year only upon written application bythe applicant, subject to the provisions of318
CyNR1O.O5(11)(f]).
O. 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.
7. Any fill used in connection with this project shaUbedeanfiU. AnyfiUshaUoontainnotnash.
refusu, rubbish, or debris, including but not limited to lumber, br|cku, plaster, vvina, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided bvMmvmmEp:
Bureau of Resource Protection - Wetlands 242-1830
WPA Form 5 ~_ Order of Conditions
Massachusetts Wetlands Protection Act W1.G.L. c. 131, §40 eoepnanemmmn#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
3� 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 (onated, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Filial Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Daods, prior in the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"K4oasenhuset\oDnpartm*ntofEnvironmenta| PnobmcUon" [o[. °K800aDEP]
"File Number 342-1830 "
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 MaonOEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14, Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
ho require the filing ofa new Notice ofIntent.
15. The Aoentor0emberaoftheConsepveUmn (�nUmnniseinnandtheDapaArnentof
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned bv this Order.
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Massachusetts Department of Environmental Protection Provided byMmo»oEp
Bureau 0f Resource Protection - Wetlands 242-1830
WPA Form 5 ~~ Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. �� 131. �4O nnsPrxonomoxvm*
LI North Andover
cityfrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project invo|veevvorkacUmceDttooBordedngVegatohed
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. Atno time shall sediments be
deposited in aVVeUond or water body. During oonstrucUon, the applicant or his/her designee
� shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur ot the
site and shall also immediately nmtih/thgConnarvadonConnmisoion` whinhraaerveethe
right torequire additional erosion and/or damage prevention controls |t may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the"Project")
(1> is subject ho the KAannaohueeUaStornnwak*rStandards
`
2�' �__ '� is N[). oubiecth)the Massachusetts Stormnvvatmr Standards
|f the work ie subject bmthe Stormnxvater Standards,then the project is subject tmthe
following conditions:
a\ All work, including site preparation, land disturbance, construction and redevelopment,s'aUbeimp|ennenb»dinacoordoncavvithth000nshuctionpariodpoUutionpravenhonand
erosion and sedimentation control plan and, if applicable, the GtV[mvvater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permiton required by ShormwobarCondiUon 8. Construction period
enoaion, sedimentation and pollution control measures and best management practices
(BK8Po) ehoU remain in place until the site io fully stabilized.
b) Noehormvvaher runoff may bedischarged to the post-construction nhormwoher BK8Ps
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period 8K8Po intended to be converted
to post construction operation for ehrrmvvob*rattenuation, reohar0a, and/or treatment, the
conversion is allowed by the yWoVmDEP Stornnvvater Handbook 8K8P specifications and that
the BW1P has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BKAP plans are included, signed and stamped by Registered
Professional Enginmar, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements ofStormvvate[Standard 10;
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' Massachusetts Department mf Environmental Protection Provided uyMnsnosp: �
�
Bureau of Resource Protection - Wetlands 242-1830
Lr�,I' Massb File#
iy��
WPA Form5 ~_ Order of Conditions
W0aseouhunetbsVVetandoP[VtecU Act
eospm�nnoum, �
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Art (cont.)
iv. all post-construction mh//onwaterBK8Pmare installed |n 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.
u) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another padxhas legally assumed responsibility for By�Pnnainhanonma. Prior to
nequeaUngo (�o 'i0oatoof Compliance, nr Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)\ shall execute and submit ho the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Sho/mwmbar BK8Ps identifying the party responsible for implementing the stVrmwatgr BK8P
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii> the future responsible po�iosnhaUbenoti�edinvvritingnf their ongoing legal
'mpnnsihi|ityioopnnabaand maintain the obornuvvater management BW1Psand
implement the Shzrmvvabar Pollution Prevention Plan.
d> Poe�oonoi[uctionpo||odonprevention and source control shaUbe |nnp|ennenbadin
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
o\ Unless and unUlanother party accepts responsibility, the landowner, or owner ofany
drainage easement, assumes responsibility for maintaining each ByWP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement Vfrecord, acceptable to the issuing authori(y, evidencing that another
ontiWhas accepted responsibility for rnuintainingthe 8N1P. and that the proposed
responsible party shall be treated aaapermithae for purposes of implementing the
requirements ofConditions 18(f) through 18(k)vvith respect to that BW1P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(h)vvith respect tn that BK8P shall beav|o\eUnnof the Order ofCondiUoneor(�grUficate
of ` 'mnp|ianoo. |n the case ofotormwaharBW1Pe that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the nturnn=oter
ByWPa. 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
eQnammenL
f) The responsible party shall operate and maintain all ntonnvvoierBK8Pminaccordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Sto[n)woUerHandbooh.
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Massachusetts Department of Environmental Protection Provided uyM^nUFp �
Bureau Of Resource Protection -Wetlands 242'1838
WPA Form 5 _ Order of Conditions
K8aoe@ohugettsVVeUandaProtection Act K1.B.L. o. 131, C40
mosr/ran�ommn�
North Andover
L I
-Condifions Under Massachusetts Wetlands Protection Act (cont.)
g\ The responsible party shoU:
' i. Maintain an operation and maintenance log for the last three (3)consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |noaMon);
2� Make the maintenance log available toK4aaaDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents. the PNaesDEP and the Commission to enter and
inspect the site hn evaluate and ensure that the responsible party ioincompliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local lovoo and regulations.
i\ Illicit discharges to the ntormvvater management system as defined in 310 CMR 1U4
are prohibited.
'\ The stormwater management system approved in the Order of Conditions shall not be
-hangodvv|thVutthepdorwrittenapprova| oftheiemu|ngmuthority.
k\ Areas designated aaque|ifving pervious areas for the purpose nf the Low |nnpsctSite
`eeiQnCnmdi!/msdefinedinth- ��aonDEPStornnwaterHandbook. Vn|urnm3, Chopter1.
LovvImpact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
|) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20, For Test Projects muNoctto310CPNR1O.85(11), the appHoamtshaUalso implement the
nnon|toringplan and the restoration plan submitted with the Notice of Intent. |fthe
conservation commission or Department determines that the Test Project threabenmtho
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice uf Intent or modify the project aad|reotedbythenonoematinn
commission or the Department.
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Massachusetts Department of Environmental Protection Provided ufM*oaneP:
Bureau Of FleSOU[ce PPO[B[tiOO - WeflaOdG 242'1830
WPA Form 5 ~_ Order of Conditions
Massachusetts Wetlands Protection Act K8.G.L. c. 131' 840 eoepTmonmm/on#
North Andover
cityrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is municipal wetlands bylaw orordinance applicable? 0 Yes [l No
2. The North Andover hereby finds (check one that app|iem):
a. El that the proposed work cannot bo conditioned tomeet the standards set forth ino
municipal ordinance orbylaw, specifically:
Municipal Ordinance or Bylaw 2.Citation`___
� Themyfora, work on this project may not Qoforward unless and until e revised Notice of
Intent is submitted which provides measures which are adequate tn meet these
standards, and a final Order of Conditions isissued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance Vrbylaw:
North Andover Wetlands Protection Bylaw& Regulations Ch. 190aL
1. Munic ipo|Drd|n000au,Bylaw seq._��____
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach o text document\:
attached)North Andover Conservation Commission Findings & Special Conditions (see
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rtment of Environmental Protection provided by MassDFP:
Massachusetts Depa - Wetlands 242-1830
Bureau of Resource Protection 'ka—ss[NE-P—Fiieti
WPA Form 5 - Order of Conditions
Transaction;
C
-
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 �D
North Andover
I Y�own '
E. Signatures
This order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4,from the date of issuance. 1. Date of issuance
Please indicate the number of members who will sign this form. --.1--6 q
This Order must be signed by a majority of the Conservation commission. 2.Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional office, if not filing electronically, and the property owner, if different
from applicant.
Printed Name
at
--I') 3
Printed Nam
-S719nat e—
Printed Name
Signa n-
L
Ae�"I( �—.——,-- —— 4-
Printed Name
7ig—n a--t u r
Printed7— —N"-—am—e -
ignature
Signature
Signature
i —na t u—r e'" ..Printed Name
by certified mail, return receipt
El by hand delivery on requested, on
'- a e Date
Page 11 of 13
—nformS.doc rev 5h812020
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Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection - Wetlands 242-1830
WPA Form 5 — Order of Conditions LI
yWoam�chua�tt�VV�t|andmFz[�too�iunActy�.(��L� �. 131. Q4D oo�pTmneam/nn*
North Andover
F~ Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subinotb)this Order, orany ten residents of the city or town in which such land is ionahsd,
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 frorn
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 bo required to demonstrate prior participation in the review of this project. P/evious
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and notonthekAeoaeuhueattsVVet|andsProbecUonAotorre8u|aUons. the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided hymum oEp:
Bureau of Resource Protection - Wetlands 242-1830
WPA Form 5 ~_ Order of Conditions -
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 *ospTmnvo*uon#
--
North Andovor
Cityfrown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted tuthe Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Co[n[Vissio{}-' '-_-- _--' '---' --'- '''—' --- -----------------------------------------------
To:
North Andover
'd-o—nservaflon Commission
Please be advised that the Order of Conditions for the Project ad:
11O1 Turnpike Street 242-1830
Has been recorded ot the Registry of Deeds of:
Northern Essex
ounty Book Page
Realty, LL{�
for: --
o6erty Owner
and has been noted in the chain uf title of the affected property in:
05326 0269
Book Page
|n accordance with the Order of Conditions issued on:
12-02-21
Dooe
\f recorded land, the instrument number identifying this transaction is:
Instrument Number
|f registered land, the document number identifying this transaction is:
Signature of Applicant
| ~n*m'm^u='rev oome02n Page mmm
1101, Turtipike Street DEP FILE # 242-1,830
Findings of Fact
Current Project Site Conditions: The approximately 32,4-acre project site currently consists of
un
Massachusetts Electric facility buildings, equipment storage areas, paved roadways, parking
lots, wooded and wetland areas, and areas of maintained lawn at the front of the main
building.
Previous Permits with the Conservation Commission:
0 OOC DEP #242-84 CofC issued April 2016
0 OOC DEP #242-874 CofC,issued August 1998
0 OOC DEP #242-1123 CofC issued April 2016
0 OOC DEP # 242-1626 CofC issued September 2017
0 Negative #3 DOA issued April 2019
The NACC agrees with the delineation of the following wetland,resource areas as reflected
on the approved plan and observed by the Conservation Field Inspector in the field. The
applicant has not attempted to overcome the presumption of significance of these resource
areas to the identified interests in the Act and Bylaw:
• Bordering Vegetated Wetland (BVW) -Wetland Flags D13-D20
• 100-Foot Buffer Zone to BVW
• 200-Foot Riverfront Area to an unnamed stream
• The property does not lie within NI ESP Priority Habitat
• The property does not lie within the 100-year floodplain
• The on-site resource areas do not contain certified or potential vernal pools based on
N1-IFSP mapping.
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 proposal
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: Construction of an eight (8) bay 102' x 30' pole barn
within an existing parking lot at the National Grid facility on 1101 Turnpike Street. The
proposed building will be supported by twenty-four (24) approximately 4' wide x 4' deep
footings. The rear perimeter of the new pole barn shall receive a stone infiltration trench to
1101 Turnpike Street Findings&special Conditions DEP Fite#242-1830
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1101 Turnpike Street DEP FILE 4 242-1830
capture and infiltrate roof runoff. Work is within the 1.00-foot Buffer Zone to Bordering
Vegetated Wetland (BVW), and portions of work lie within the outer limits of tl-le 200-foot
Riverfront area to an unnamed stream that is a tributary to Boston Brook. The proposed
structure will be 55-feet frorn the BVW at its closest point.
21. The work shall conform to the following:
Property Owner/Applicant: Beverly Auxford-Paiva
Massachusetts Electric Company
1.70 Medford Street
Malden, MA 02148
Representative: Michael Toohill
Coneco Engineers &Scientists, Inc.
238 Littleton Road, Suite 105
Westford, MA 01886
Documents: Notice of Intent Application V0 A Form 3 -Notice of Intent
with associated attachments
Received: October 14, 2021
Storinwater Management Report dated October 8, 2021
prepared by: Coneco Engineers &Scientists
Site Plans:
"Layout Plan Sections & Details", Sheet A2-1, date revised
November 8, 2021
"Elevations Details",Sheet A2-2, date revised
October 1.9, 2021
"Demo Plan Site Plan/Grading", Sheet D2-1, date revised
November 8, 2021
"Electrical Plan", Sheet E2-1, date revised October 19, 2021
Prepared by McKenzie Engineering Company, Inc.
signed and stamped by Peter M. Reynolds, P.E.
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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not rtimpike Street DEP FILE 4 242-1,830
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.
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 LhjM
_ice_
_(30_)-prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regi.dations).
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.
3L 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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1101 Turnpike Street DEP FILE # 242-1830
32, The NACC finds that the intensive use of the upland areas and buffer zones proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five-joot 25'1 No-
Disturbance Zone and a fiftv-foot (50') No-Build Zone shall be established from the
edge of BVW as shown on the approved 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. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone, (See Section 3.4 &Appendix F of the
local RegWatioils).
33. The applicant-, homeowner their successors in title and their contractors are advised
that NO other work on the property is allowed under this permit. The NACC has
jurisdiction over all of the wetlands and associated 100-Foot buffer zones site and any
work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes, but are not limited to,
house additions, pools, patios, decks, sheds,fences, garden beds, landscaping and
bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be
held to the current standards under the Bylaw and WPA and must be reviewed under
a separate application submitted to the Conservation Commission.
34. 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.
35. 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.
PRIOR TO CONSTRUCTION
L
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 ha
ve been completed.
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1101 Turnpike Street DEP FILE #242-1830
37. This Order shall be recorded, in its entiretv, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A sign shall be displayed at the site not less than two square feet of more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1830."
39. Any other changes in the submitted plans caused by the applicant, another Board's,
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
40. it is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construct-ion.
commencing on-site, the applicant shall submit to the NACC for
41. Prior to any work
approval, a dated and detailed sequence of construction, including the installation of
erosion controls, foundation installation, framing, planting, monumentation, and filial
stabilization.
Jor to start of construction ad shall be re-
42. Welland flagging shall be checked pl.
n
-land flagging shall remain visible and enumerated
established where missing. All wet
i
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 clearly
marked with erosion controls or temporary fencing and shall be confirmed by the
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1101 Turnpike Street DEP FILE # 242-1830
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 12" staked compost or bark mulch filter sock shall be placed between
all construction areas and resource areas as shown on the herein referenced plan. The
erosion control barrier will be properly installed and placed as shown on tl-te 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.
44. The applicant shall have on hand, and protected from the elements, at the start of any
soil disturbance, removal or stockpiling, a minimum of fifty (50) feet of approved
erosion controls and additional stakes for staking. Said erosion controls shall be used
only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of
three thousand $3,000 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 cola n-nencement 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.
-id Scientist (or other environmental professional
46. The applicant shall designate a Wetlai
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
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1101 Turnpike Street DEP FILE # 242-1830
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Cornniission 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.
47. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
48. Prior to construction, the applicant shall permanently mark the edge of the wetland
resource area or buffer zone restoration area/No-Disturbance/Construction Zone
with eight (8) markers spaced evenly approximately every 30 feet on the chain-Iii-d<
fence, incorporating the following text: "Protected Wettand Resource Area" and the
associated rules (1 square for every 3 round markers). These markers will designate
the sensitivity of the resource area and assure no further inadvertent encroaclu-nent
into the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department ($2 round and
$3 square).
49. 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
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1101 Turnpike Street I)EP FILE # 242-1830
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.
50. 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 ail NACC representative, the
contractor, the monitor and t1ie 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 persormel 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).
STORMWATER MANAGEMENT CONDITIONS mmomi
51. 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.
52. Water quality in down gradient resource areas shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wet-lands or water bodies frorn discharge pipes or surface runoff
leaving the site.
53. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, infiltration trenches
or structures, and other elements of the drainage system, in order to avoid blockages
and siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of vegetative cover
on the site.
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1101 Turnpike Street DEP FILE 9 242-1830
DURING CONSTRUCTION
54. IMPORTANT: Immediately upon completion of the footing installation, 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.
55. In order to maintain construction efficiency, the Commission will allow for the
continuous saw cutting of the asphalt to encompass the linear path between the
footings and infiltration trench, as opposed to cutting discrete sections of asphalt for
each individual footing.
56. Upon beginning work, the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#47 above) 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.
57. Dewatering activities are not proposed as part of the filing. However, under no
circumstance may discharge of water be allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If emergency dewatering 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.
58. Paved areas shall be swept daily to remove sediment deposited by construction
vehicles accessing the site.
59. Any fill used in connection with this project shall be clean fill/natural materials,
containing no trash, refuse, rubbish or debris, including but not limited to concrete,
crushed glass, lumber, bricks, plaster,wire,lath, paper, cardboard, pipe, 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 origin or an analysis certifying cleanliness
whichever is most applicable as det ts
staff.
60. All exposed soil finish grade surfaces shall be iminediately 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
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1101 Turnpike Street DEP FILE # 242-1830
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
Mulch hay or other means as directed by the NACC.
61. 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.
62. '.fhere shall be no stockpiling of soil or other materials within 1 00-feet of any resource
area as noted on the approved plan. Stockpiled materials shall be stored within
erosion controls in the location shown on the herein referenced plan or trucked off site.
63. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall.be protected by silt sacks to prevent sediment from entering the drainage
system. Silt sacks shall be maintained and regularly cleaned of sediments until all
areas associated with the work permitted by this order have been permanently
stabilized and the NACC or its agent has formally approved their removal.
64. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system., catch basin or wetland resource area. If truck washing is necessary
an area shall be designated and approved by the Conservation Department.
65. 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.
66. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
67. 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.
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1101 Turupike Street DEP FILE #242-1830
AFTER CONSTRUCTION
68. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(1-00) 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 'rown's Welland protection Bylaw.
69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
type (< 5%), phosphorus free 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 survive the issuance of a Certificate of Compliance.
70. There shall be no dumping of leaves, grass clippings, brush, dog waste, or other debris
into a wetland resource area or beyond the No-Disturbance Zone demarcated by the
-
posts and/or wetland markers. This condition shall survive the issuance of a
Certificate of Compliance.
71, The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels, of polycyclic aromatic hydrocarbons
(PAHs) to storniwater runoff. This condition shall survive the Order of Conditions and
shall run with the title of the property.
72. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved,
73. 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.
74. The roof infiltration trench shall be inspected and cleaned annually and cleaned of
accumulated debris/leaves and maintained so as to ensure its continued function.
75. 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 tl at they read and
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1101 Turnpike Street DEP FILE # 242-1830
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that
the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
i. An "As-Built" plan, in the same scale as the record plan referenced herein,
prepared and signed and stamped by a Registered Professional Civil Engineer
(P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,
for the public record and. This plan will include:
"As-Built" post-development elevations of all drainage &stormwater management
structures constructed within 100 feet of any wetland resource area. NOTE: If
portions of the stormwater systems exist partially within the Buffer Zone then the
entire structure must be depicted to accurately verify compliance.
"As-Built" post-development elevations and grades of all filled or altered wetland
resource areas including the encompassing buffer zone which is regulated as a
resource area under the local Wetland Protection Bylaw.
Distances from all structures to wetland resource areas. Structures include (but are
not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining
walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control devices.
"'Work" includes ALiy disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
Location of No-Disturbance Zone posts with markers.
76. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas on lot except in those locations
approved under DEP # 242-1747, Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (See Section 3.1 and 3.4
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I 10 1 'rum pike Street DEP FILE #242-1830
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);
No other work allowed unless new application submitted with the NACC
(Condition#33);
Resource Area Markers (Condition#48);
Discharge or spillage of pollutants (Condition #67);
Prohibition Of underground fuels (Condition #68);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #69);
Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition
#70);
Prohibition of use of coal tar-based pavement sealants/products (Condition #71.);
Roof infiltration trench maintenance (Condition #74).
1101'furnpike Street Findings&Special Conditions DEP File#242-1830
Page 13 of 1.5
1101, Turnpike Street DEP FILE #242-1830
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST(ENE 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 Con-imission.
&/Of
1 am the Of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed tip 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 saine 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
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,___,,
(Signature-authorized agent of applicant or owner)
1101Turnpike Street Findings&Special Conditions DEP File#242-1830
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1,1.01 Turnpike Street DEP FILE 4 242-1830
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1.1.01 Turnpike Street Findings&Special Conditions l: EP File#242-1.330
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