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2001-10-31 Decision & Order of Conditions
}-� J�'L i}fl�4LJ�F71{y�f COIv[MONWEAI TH OF; MASSACHU 8 EIFTS � 1'0;l 0LE�}� DEPARTME NTT 0F THE -AND COURT !( Z1IHA1;iDQ`,rE6, CAST. NO 27631 rUG "5 A 10, 2 � 13FNIJAMIN G. FARNUM, � �'[�fisstiff � vs_ _. } SEVEN RTLLS FOUNDATION, INC., AND ) .10HN S S ONS, ALBFRTO A .FS, ) EREBYAT76ESTANDC.ERTMYON RTCHARD NA FELLA and RICHARD I� lei IS A FULL ROWEN, AS TffEY C.OMPRFSE THEE ) TAtJrz AND CORRECTCOPY OF THE PI.A1 NI (-i BOARD, FOR T TOWN OF ) ORIGINAL INMOFFICE ? CRTH ANDOVER AN THE, TOWN OF �CUSTODY. CH E TROW&Y,JfL ' C1RT '� ANDOVER, � CR Defendants ) } BY rursuaiit to Mass. _ Civ. V 41 Eh - plaintiff, BenjaminCr- Famum, alld the efeu(Jan ts, Seven Hj11s,Fcjundation, Inc. and john Simons, Alberto Ang]es, Richard Nardf-IIa and Richard 1 owen, as they comprise the Planning Boai-d foi- the Town of North Andover and the Town of Nof h Andovor, hereby stipulate and agree that this action shall be and hereby is disfnisse-d with prejudice and w ithoW costs wigs all righC of appeak waivcd- DEited, 2002 BEN,FA TN 0. SEVEN I' JCS THE NORTH FARNUM FOUNT) ITIO , INC,, ANDOVER PLANNING BOARD and TLEF By his mtomey, By its �Atomr_y, TOWN OF NORTH ANDOVER By their attomey, Fr cis iIvuna, �sc1_ cC1 e B, rEC1C7cF#, Est. Thom rJrrb�-,Ais, sq, 47 9 BBO# 546015 - BBC}# Martha CUM oche, F le -+tcher Tj1 ton nipple, F1�be i F�esdst��erel ran ccliacomo, r.C- �r �.1'p " ' L P 370 Main Streot, 12th 155 Federal SLreot 001JnIcom Park Dave Floor _8Qston, MA 02110 W(ibu€ro, MA 41801-3343 Worcester, IMA 01 08 X172ES , A True Copy Town of Forth Andover Di ice of the Planning L� artumit ii . �o�rnrti Develaent and er�rices ivy 27 Charles.street N an-th Andover, (YZ8L5 Fleidi Griffin 0�r t 6YIN 688-`5,,,'j- �'lr�nnil7g i7 � c or Fax ( 8) 8- 542 Notice Of Decision `-CEAVED Any appeal shall he fled A Uri Within 20) days after the Date of fifing this, Notice MM R. JI[NUJJ:- JZ;JnG� 1� the Office of the Town Clerk Date: October 31, 2001 Date of Hearing, t ePtember 4, 2001 a October 2, 2001, October 16, 2001 October 30, 2001 Petition of. Seven MUs Fuundat,ion 81 Flope Avenue, Worcester lA O1 03 Premises Affected: 1270 Salem'rurnpike Street Referring tip the above petition for n -,pceial permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of 5700 square foot office building with related parking and landscapiug i i the, Village C:oramer(;i€l Goring District. After a public hearing given on the above date,-the Manning Board voted to +r1PPfRO�VT, the Special Permit for Site plan Review, based apoil the following cozjditfans: Afro Si ores, Chairman Cc: App#ieant Mirerto Angks, Vice Chairman Engineer Rithard Nardella, Clerk Abutters Mehard Rowen DPW FeUpe Schwarz, Associate i errebtr Building Department Co;nsiorvaktion Department Health Department 13A NOV 0 2 Z001 By B0ARD OF APP ,,1M,q 6U-75-s1 BT1IL ;Ne 6,R8•9>45 PLAN N'INC 688-9S3s 1270 Salon 'Turnpike Street Site Plan Review - Special Permit The Plaririing R()ard licreiii approves the F pec.ial PcnnitlSite Flan review for tile, constj-uction of a 5700 ,quarc foot office building with related parking arid Iandscapirig in thr- Village Commcrcial Zoning District. This Special Permit was requested by Seven MIIs l*oundatioji 81 Hope Ave.nuc, orcestez, MA 01603, This appIicati.ou was filed with the Planning Beard on August 3, 2001, The applicant submitted a complete applicat.iun, which was noticed and revit;wcd in accordance with Section 8.3, 10.3, and 10,31 of the Town of North Andover 4}6ng Bylaw and M.M. C.4 A, Sec:, 9 The Planning Boaj-d rnakcs the, following findings as required by the I oi•th Andover Zoning By]aw1; Section 8,3 and 10.3; 14 lD hA lGS y"ury FA T. 1. '!'he spectre site is an appropriace, Ideation for the project any it is locabcd in-the Village CornTnercial Zoning District and involves the conma-Lizaion of an office be, ldirag, which is an apprapdate use within the di.grict. The building footprint is 4% or the lot coverage, The site design mccts all of the Village Coirimerci<al speOz 11 requirements, ineluding unassiF3 , style, setbacks, and uveralI presentation. 2_ The rise as &velopcd will not aclvcisely affect the nci hborhood as a sufficient buffet• hay been provided. The pioprusod use is a small professional Office, will not alter my no-disturbance cu- wetland areas, will not irttroduii e' additional &ive ays onto the highway and will improve- the appoaraace of the site with additional landscape screening of the e-Xistil'lg Pump staticjn facility. The landscaping and pervious area includes 84% of green space in.chiding tic wetlands. Thi% is in accordance- with Section $_13a, which requires a n-inimurn of 5% landscaping aTid green space Must be, provided foT all parking areas. Within the fiat 50' there are, seasonal p€antirkgs, silver mounds, bhii - junipers, flowering crabapples and other plantings. The planting plans continue along the perimeter of the parking lot, in front oftiic office building, around the picnic area quid surrounding the propane tanks. , The parking lot comains 18 spaces, with the option of a f W'h space -uid is located in frow of the building, In accordance with Section S.13 the Planning Beard may allow up to 50 spaces, or 2 % or ilic total parking, whichcwcr is gri alter, to be located to the front of the structure as long as all other: dimensional criteria ai-e adhered to. 4, There, will be no nui,; €ice or serious hazard to v-,hicles or pedcsaiaiis. . Access will be via a single drive, onto the Stat,-confrolled liighwa , and will not introduce a imisance ter sericyus hazard to vehicle �ms or pede, isns. 'file site drive is 25' wide, and i� might upoii entrance. Thee drive will be shared for both access to the proposed office, building and to the cxistiT3g pump station. An easement exists on the property for the existing pump station. Tljf-, applicant has secured a perm t from the, Mass High ay Deparbnent. 1 5. I`he project ,xrfll connect to existing sewer and water services. Sewer will be gravity piped to a g avity m irkhole at the existilig pump Station, Tlic sewer design will accommodate the potential flitlire connection for the, immediate abuttcr by Ehe pi[ovision of stubs gat two loc ajons along the property line. Water will be 04 a new service connecE nin at 1-he street, SlIfficje,it capacity exists for these utilities. The. water connections will include provisions for sprinkling the buiI ding . 6. 'rhe site dmina e systcm is designed in accoTda"ce with the Town Bylaw rcqu4emcnts. The. projccE will incorporate [tic requirod T5S removal for flit site. The, pa-fkjng ninaff will utili;�c a Mwnstl:calif efeadcr Erealrrier�f facility as well as a deep st,mp catch basin. Treawd water aid roof wa:E r will` be ToULed via a st�hsurfaec dl-te,ndon hasin systrm. The total peal- diseha p-, .for the proposed conditions will not exceed the existing conditions ws rcquirpd. The drainage: calculations for [he site have been ruvicwed acid apprnkd by th6 Towers coi�sllltiRig emgirlce1:, T A fire hydrant will be plated at the: access of the shrt-t as rcqucsted by the North Andover Firs Dc-partment. 8. The lot. contains 69°l0 C'o-�itiguous BuiIdable Area vs. the, required 75%, The Building C c-)TII[nissioner confi3 cd that the lot existed in the 1970's_ The 75°lo CB zs for new IoLq crcated after 1986, and tine Building Co €nissionei- has determined that this lot is grandfathew_d from this requirernerit. 9, The applicant has fnd tfn: i gt,ire-mcnts of the Town fot S Etc Platt Review as �qEated in SecEion 8.3 of the Zoning kiyiaw with Lhc of aivcr(s) a anted ire Condition #19. Finally the Planning Board finds tiiat this pt:ojecE generally complies with the Town of North Andover onir:'g Bylaw re quirememts as listed in Section $_35 but rcquires cmiditions in order to he fully ir1 complianrc. Thf, Planning Bioerd here by grants an appr0val to the applicant provided tlic following conditjon.g are End, SPECIAL C NDITI NS- 1. Prior to the endorsement of the plalis by the Flaunbig Board, the applicant must comply with the following conditions: a} The final plea must (jepict th' ,, t'elnoval of the sewer stubs at th, abutter's p(Ilin C. Famum Estate) iNacst quid the extension of the, construction fencing. The filial plan must be reviewed and appravcd by Elie DPW and the Town P14fine:r and sabse querntiy endorsed by Elie Planning Board. TEne final plans must he submitted for within €ninety days of filing the, decision with the Town C'leTk, b) A bond in the amount of ten thousand ( 10,000) dollars must be, pus t�r the pEtrpose of insuring that a final as-built plain Owing the location of all on-site utilities, structure-;,,, curb cuts, parking spaces, lopograph , 2 and drainage faciJitaes is subrnitted. The bond is also'hi place to insure that tlic site as const-ticted in aecuTda ice. with the-, approved plaFi. The foam oC,sccurity 3nust be acceptable to the Planning Depart men L c) The applicant roust provide tli Planning Department copies cif app1 vals received ti:orrr The Conservation Coi min ;sion prior to endorsement of the ltlans. Prior to the start of construction: a) A construction schedule must he submLitted W the Planning Staff for the purpose of tracking Elio coustraction and irtforyning the public of anticipated activiries oil the site. h) YeJlow llazavd tape must be placed along the no-cut line- as shown on the approvcd plans and MUSL lie confirmed by the Towp Planner. The Town PIanner must be contacted to review the muked tree line prior to ally cutting on site. The applicant shall lht�n supply a copy of a plan, certified by a regi terrd professional engirtem certifying that tNie trees have been cat in accordance with the approved plans, 3. Prior to FORM U verification: a) The Planning Boc d must endorse the, final site plan mylars and three (3) cop+es of the sigTvA plans must be delivered to the Plan uiPig Departimmt. b) One certified copy of the recorded decision must be submitted to Ehe Planning Depai-tmelnt. c The applican€ is recliajred to pay sewer niitigatiori fps at the Dcpartrneat of pablic Work,,,, Proof of payment ninst be supplied to the Plamiing Deparnnent, 4. Throughout and During Cons1"Cition' a) In an effort to reduce, noise level, €lae applicant shall keep in optrinurn working order, through regular maintenance, any and all equipment that sh alI emanate, sounds from the stnl cf.ures Or site. h) Durvig eoustruction, the site purist be kept clean and swept regu]ar.Jy. c) Dust mitigation anti roadway cleaning must be perfoi:med weekly, or as dee.nicd necessary by the 'Town 1'lanncr, thmu hoot the cGnstruction prc��:ess. S. Prior to verification of the Certificate of Occupancy. 3 a) The applicant must subrnit a 9otter from the arclii_tect. �4rz(l of the. project statuig cha the, building, signs, landscaping, lighting quid site layout �-ubstantially coinply with the plans redcir-aced m t.Fie end of this decision as e,pdorscd by the Planning Bo d. b) The Flarning Staff &ball approve all ailificial lighting used to illiziriirlaw the site, All lighting shall have Lindcrground wiring and shall hr �{a amngcd that all direct rays €'turn such lighfing fails entirely within Lhe "-ite ind shall be shielded or so as not to shine Upon abutting propea:ties or streets. The P14Tning Staff shall review the site. Any eliatiges to the approved lighting platy as may be reasonably required by the Planning Staff sfi xdl bte trade at the owner's All site lighting sIYall provide sccurlty-fr)r dl, site and.S Lndut uru however it nlus;t n n:'ot Ctc any glare or project any light onto adjacei t residezitial properdes. The applicant�hall adhere to thu following reclilirements of the North A-n(f( ver Fire Department aii(l the,Forth Andover Building De'pai-Lment: i- All strictures mu�;L contain a cuyninci7ciai fire sprinkler system. The commercial fire sprinkler systenis must. be insta11ed in accordancc with referenced standard NFFA 131) and in accordance with 780 CM , Chapter 9 of the I assachuset€s Stato Building Cade, Cei-16 52 ati on that the systems have be m ijxslzflkd properly in accordance with the above iefexe-aced r(-,gula6orts most be provided €'roi'Fi bo€li the North Andover Fire n-patf uEnt and the North Andover Building Departrnont to the applicant. The, appp icanL TriusL then provide this certification to the Nardi AndoveT Planrtiitg 6. Prior to the fetal release of seeurity: a) The, Planing Staff shall i-eview thr, site. Any sci-eeztinig. as may be rea crna!bl:y regi�ired by the Planning Staff will be added at. the, applicant's expense, Specifically after the di:a;.inage structure is completed, the Town Pl,-umer will review €Iic site and any screez ing as may be reasonably required by the Town Planner will be added at the appIicant's expense b) A final as-built plan showing filial topography, the location of all can- sitar utilities, structure , curb cuts, parking space8 and drainage facilities rrzrt�;t be submitted to and reviewed by the, Planning Staff and the, Divi:siu(i of Public Works. 7, Any stockpiling of materials (dirt, wood, construction rnaterial, etc,) must be shown on a plan fiird reviewed afld approved by Elie Manning Staff. Ituy approved 4 piles molt remair) covered at rtkll OTnes to minirf€3.' e any dust problenns that may occur with adjacent properties. Auy stock piles to rem.ain for longer troll orie week must be fenced off a-ad covci:cd. Spei:nal attcntioa heeds to take place to cnsu re, chat any su.)ckpiIing and/or )eTnoval of mat-rials stay within t[ie boundaries of the lot and do not c:reaw additional debzi,; Le Route, 114. 8. The hears for shall be, 12ni2ted to betwcen 7M a.m. and 7:00 p.m. Monday thmugh Friday and between 8:00 a.in. and 5;00 parr, on Saturday 9 Any plants, trees of shnib� that have beep incorporated into the Landsc:apt� Plan ap.provcfd in this decision that die within one year from the datc- of plarojog shall bi-- replaced by the owner. 10 The, contractor shall contact Dig .Safe a least 72 horn prier to commencing any excavation. IL ais, Telephone.. Cable. and Electric jitdities shall be instal led underground any specified by the respcetive utility companies. 12.- No open humin ;hall be done except as is permitted during burning season ulide'r the Fire Department i`egulations. 13, -Ne undergruond fad Aoragc shall be installed except as -nay be allowed by Town Re ulatioris- 14. Axiy and all signage plans for the site: which have lbi,,en provided to the Planning Board daring the site plan review process were presented. for 1hie materials of the signage only. Any signage plans gust colifornr to Section 6, Si age and tltdj)or Lighting Regalations of the Tuvvn of North Andover orning Bylaw and mint be approved by the Building Department. 111110 ,A.rty is the applicant to construe that. the Planning Board leas reviewed and approved the signage pions for Zoning Compliance as that is thL,juri dietion of the Building Department. 15. The, provisions cif this conditional approval shall apply to and be bin dilig upon the applicant, its employees and all successors and assigtis in interest or can roi, 16, Any action by a TowTi Board, COMMiSSiOn, or Department, winch recUhrs changes in the plan or design of the Building, as prresented to the Planning Board, may be sub*t Eo m9difFcation by the Plaiming Board. 17. Any revisions shall be submitted to lh4c Town PlaTinur for review. if these i�-,visions are deemed sub twitial, the applicant must subjWt revised plays to t13f-- Planning BoRrd For approval. 18. '111i8 Special f°e mlit ap Pro wil shall be deemed to have iapse.A a["ter -- - - -- - 5 (two years from the dalpe p--i-mit gmntcd) unless substantial or comlt-tiction has cc trttrtencecl, Substantial use or construction will be determined by a majority vole of the Planning Roar-d. 19. 'l'fte following aivev; from the Town of North Arrdovrr Zoning Bylaw, Mated May 2001, have been GRANTED by the Planning Board; a) WaiveF to Section 8.35(c) rNuiring that lmdse�tpe plans be prq)a-fed by a c8r€if;icd landscape architect registered In the Co=onwealth of T ass c usetts has pert GRANTED as the plans provided have, been stamped by a civil engificcr registered in the, Common calth of and thc Imidscaping plan oxceeds the, rcquiremi-,TE mandatcd by Section 8,13-a for Village Commercial projects. b) Waiver to Section 8. .5.e(xix) Tequiring that a traffic impact '4[Udy be provided which projects the, expected Uaffic impacts .to occur based mpo'h the proposed project has been ORA1 ` ED. This waiver has been granted as the, applic; rnt has suhmitwd a ftaffi(; impact statement which has been reviewed and approved by the €t)wT)'s engineering consultant, {lrsassc, Hang(m, Drustl.in, lne, and that the .pmject hay been pet-zit€ed by the Mas sac hkisew Stagy Highway Department. 20- The followi ng inf:ormatiort shall be dcctmed pant of the, decision: Plan Titled. Assessors Map 107A Lot 148 Clem Turnpike, —Rou€e 114 North Andover, Ma ssac h uselts 01845 -N-epared for. Seven bills Foundation 81 ;hope Avenue, Worcester, MA 01603 Prepared By, MIT Design Concmitants, Inc 103 Stiles Road, Suite One Salon, NH 03079 Scale; 1"=20' Date: July 31, 2001, revised 1005101 sheets; 1-11 Report ` i led: DI-ainagc Calculations Prepared for: Severn Hill,; Foundation Prepared by: MUF Design Con;ultartts, Inc 103 Stiles Road, Suite Onc Saleun, Nil 0307 Dated- June 2.2., 2001, revised October 1 J, 2001 Report 11ded: Notice,of 7nteat Prepared for- Seven Hills Famidation Prepared by: MIU Design C ons-tltants, Inc 103 Stiles Road, Suite One . b Salem, N14 0307 Dated: Aijgkla 2., 2001 cc. Applicant Rnginccr Fl1C MLIarqlww- ssaoIsetE Dea€ten of Er� r�ronirerta� ProietiottP pile nlube{ Bureau of Resource Protection - Wetlands I PA Form -• order f ondition 242-1095 _ Provided by i7l*P Massetchusetts Wetlands PEote €on Act M.G.L. c. 131, §40 A. General Information _ lrrlportar t: FrOM' Whi�srk filling out forms on North Andover the computer, Conserv8ilorl CorrrnYlSSlai� use only the tab key to This issuance if for check one): move your cursor- do Z Order of Conditions not use tha return key- E] Amended Order of Conddons 4:1 To. Applicant, Property Owner(if different from applicant)- Seven Hills i=ouftc�ation, Attc'1�tchard Martel _._. ... ................ ". -...- -- �fame Name 6X $I ija{_e Ave- ............ ........_... Mailing Address MaFlirtg Address worcester MA 01603 rmy1TOW41 Stela Zfp Code OKyffewrt state Zip Cnao I Project Location: Pie 114 �korth Andover Street Address CityfFawn 107A 148 Assessors Rya W a-NM b0 PsruMLot Number - Property fecorded at the Reglstry of Deeds for. Essex 6104 122 county Book Page C rkkfloate f if rO� ;red lorld} 3. Dates- 81312001 _ 11128101 _ 1 /12101 Date Nonce of kretenf FFled Daite Piu'blic(wring CiOsed Date of kssugince 4. Hnal Approved Plans artd Otter Daeumants{attach add4tiorta€plan re€ereBCeS as needed), Proposed Sits Dsve€oprnent trap 1NA, lot 148 Salem Turopi€ce Rte 114 Final [rev. prepared by; MHF Design Oonsult8nts, Inc. _ lif8f0l Notice of Intent Tax Map 907A lot 148 - - 812101 . . TiEae Date D airla a Calculatic�rrs Tax Map I G7A lot 148 Rev. FI[ie 1 1f2J01 6, Final Plans and Documents €fined and Starnped by_ Frarkk O- Mo€Iteiro,,P.E. Name 6- Total Fee, (from Appandix a;Vvetiafld ree Trarts€niltaf Form) VVPelorrns.doc•ror.12'1?ffii Panda 1 07 Massachusetts Department of Environmental Protection r EP Re Number: ;Bureau of Resource Protection - Wetlands Y1f P Form Order of Conditions 242-1495 --- i Provide#by{]�P € as acE�u€s fts VU Vands Protection Act M.G.L. c- 131 , 40 Find!-ngs Findings pursuant to the massachusetts Weiands Protections Acts Following the review of the above-referenced Notice of interkt and based on the infarrrration provided is this application and presented at the public hearing, this Corrmisslon fads that to areas in which work is proposed is significarkt to the fol€owing interests of tine Wetlands Protection Act. Check a that apply. public Water Supply band Containing Shellfish M i'ravention of Pollutions private Water SuPplY ® Pisheiies 0 Protectlon of fl adlife Habitat Orotjndwater SupplY ® Storm Damage Prevention Z Fiood tlor3trol 1=urtherrnore, this ot?mlT sbn hereby finds the project, as proposed, is; {chieck one of the fo}lo ing boxes) Approved subject to. M the following cor3ditions wh ch are neressaryf, ji l aocardanca with the perforrnanre standards set fortis in the wetlands regu€aticns, to protect those interests checked above. This Cornrnfssfon orders that aIt oho shall be performed in accordance with the Notice of Intent referenced above, the fol owing General onditiont�, and any other special conditions aMched to this Order- To the extent that the following cond Mons modify ordifterfrom the plar3s, speciffcafions, or other proposals submitted With the Notice Of Inter, r these canditions shalt control- Denied because; the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked nbove. Therefore, work on this project may not go forward unless arid unM a new Notice of Intent is submitked which provides measures which are adequate to protect these interests, artd a Tina€ Order of Corlditlons is lssaed- the infarmatlon submitted by the applicant is not sufficient to describe the site, the workcr or t#le•effect of tine work on the interests Mentified in t'he Wetlands Protection}Act- Therefore, work on this project may not go forward unless and until a revis-ed Notice of Inteait is submitted which provides sufficient informations and includes measures which are adequate to{protect the Acrs interests and a final Order of CondRions is issued. A desoripticrs of the specific infornrkation which is lacking and why it is necessary is attached to this Order as per 310 GMR 10.05(6)(c), General Conditions (only applicable to approved projects) I. Failure to comply with all coMMons stated herein r and with all related statutes and other regulatory measures, shall be deemed cause to revoke ar modify this 0rder- 2. The Order does not grant any property rights or any exctusive privileges; it does not auttrorW� any injury to frrivate property or ftivasbn of private rights. 3, This Order does not relieve the permittee or arty other person of fhe n essity of complying with all other applicable federal, state, or local statutes, ordiriances, bylaws, or regulations ��`fafmrn�.dac•sew-1?15l01 Page 2oi7 Massachusetts Deparitment of Environmental Protection DEP File Nurnbm- Bureau of Resource Protection - wetlands 1�1I �4 Form 5 �-- order of Conditions 9 Pmr�videvide d by DEP 11+'iassachusetts Wetlands Protection Act M.G,L. c. 1 1, §40 L17 B. Findings (cola.) _... 4. The work authorized hereunder shall.be completed withiTi three years trorn the state of this Order unless either of the Mowing apply_ a. the warn is a maintenance dredging project as provided for In the Act; or b- the trme for completion has been extended to a specified date enure than the a years, but less than five years, from the date of issuance. ff this Order is intended to be valid for more than three years, the extension date and the special circumst:arnces warranting the extend ad flute period are set forth as a special =nditfon iri this Order. 5. This Daley may be extended by the issuing authority for one or more periods of up to three gears each Lrp n application to the issarrfrag authority at least 30 days prior to the expfratiort date of the Order- Any fill used irr cannectlorr with this project shall.be clean fill, Any fif shalf corota€n no trash, refuse, rubbish, or debris, including but not iimfted to [amber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, ar parts of any of the foregoing- 7- This Order is not final until all atlrr in strative appeal periods from this Order have elapsed, or€f such an appear has been takers, until all procaedings before the Departirnertt have beery completed. 8. No work shall be undertaken until the Order has become finaI and then has bean recorded in the Registry of Deeds or the Land Court for the district in which the €and is located, within the chain of title of the affected property. In the case of racordad farad, the Trial 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 farad, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon whiuh the proposed work is done- The reoording infbfmation shall be submitted to this oflservafion Cemmfsslon on the foray at the end of this Order, whirls farm must be stamped by the Registry of Deeds, prior to the commencement of work, 9- A sign shall be displayed at the site not less them two sgaiare fee# or more than three squ2re feat in ste bearing the wards, 'tti+lassachusetts Department of a=nvironmentel Pratectioat"[or, LIVIA DEpn] "File Number 4 Y?c95 10- Whera the Department of Envimnmantal protection is requested to issue a Superseding Order, the Conservabon OommIssion shall be a party to all agency proreadings and hearings befof-e DEP- 11, Upon completion of the work described herein, the applicant shaf€ subrrait a Request for Certificate of Oomplfance (WPA Forms 8A)to the Conservation Cony mi:5$ion, 12. The work sha€t conform to the plans and spec=al conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to Inquire of the Oonservatiort Oomml8slon in wrifing whether the change Is significant enough to require the f'rftng of a new Notice of Inte€t 14. The Agerit or members of the Conservation Commission and the Department of Environmental Protection shall have the right to anter grad Inspect the area subject to this Order at reasonable hours to evaluate compf€ance witty the conditions stated irk this Order, and may require the submittaf of any data deemed necessary by the Cortservatian Cornmission or Department for that evaluation. L"lpaformfi.doc•rev.f2�E17t FIKO 0 of 7 Massachusetts Department of Environmental Protection oEP File Number;Bureau of Resource ProProtection - Wetlands Ll W A Form 5 T Order of Conditions 24 -1095 lRassauhusetts 1 etiands Protection Act G. c. 131, 4� Provided by DEP & Findings (cont.) w — 15. This Order of Conditions shall apply to any sucr;r~ssor in Interest or successor in control of the property subject to this Order and to any contractor or other person performing work condifioned by this Order. 16. Prtor to the start of work, and if the project involves works adjacent to a Bordering Vegetated Wetland, the boundary of the wetkand in the vicinity of the proposed work area shall be marked by wooden stakes or flagging, once In pace, the wetland bou ndary markers �Ihall he maintained Qrrtil a Certificate of Compliance has been issued by the Conservatlork Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed araas have been fu€ly stabilized w1ith vegetation or other means. At no time shall sediments be deposited iri a wetland or watar body. 0urirtg constfUct'rcrlr the applicant or hWhar des€gnee shall inspect thE� erosion controls on a daily basis and shall remove arAumuiated sediments as needed. The applicant shall immediately control airy erosion problems that occur at the site and shall also immediately notify tha Oonservabon Commission, which reserves the right to requ Ire additional erosion aridior damage prevention controls it may deem necessary, Sedimentation barriers shall serve Ets the lirnit of work unless another limit of worts line has been approved by this Order. Findings as to mun#c€pal bylaw or ordinance Furthermore, the North Andover ---r hereby finds (check one that applies): Corsen+atii)n ornmf"Ia n Q that the proposed worst cannot be conditioned to meet the standards set forth in a municipal ors iinarrce or Bylaw specifrcakly, AWu-n—alp prdirran u or BOaw itaEio�r Wherefore, work an this project may not go forward iinless and until a revised ldotice, of Intent is -rubrnitted which provides measures which are adequate to meet these standards, and a fin al Order of Conditions Is isiwad, that the following additional conditions are necessary to cornpty With a municipal ordinance or bylaw, specifrcalky; Ohapte_r V8 of the Code of North Andover talunlclpa3 Ordinance or Syraw citaliorti The Commissian ordefs that oil work sha€t be performed in accordance With the said additional conditions and with tiie Notice of Intent referenced above. Ta the extent that the following condi#ions rrradify or diffef frorn the planer specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. W,mk f,Gxkm.rm'.iVi'Ml PP9e d of 3 Massachusetts Department of Environmental Protection LLll: ProtectionQE=P File t3urnberBureau of Resour Protection - Wetlands U` F rm - Order f C on ninon 4 -1096 Massachusetts Wetlands Protection 1 €on Act M.G.L.M. .L. c. 1 , 4f} Provided by QEP Additional conditions relating to mu cipal ordinance or bylaw: See attached Conditions _ This Order is valid for three years, unless otherwise s fied as a special oanditioo pursuant to Genera! Ceriditions#4, from the datq of issuance- & . Date This Order mast be sigrted by a matodty of the Coriservat' Commission, The Order must be mailed by cer#ifted mail {return receipt requested} or hand deliv8red t the appl co A copyalso rust be T-na€led or hand delivered at the same time tc t appropriate Depart ent Enr it 4 rnta Protection RegienaI Office (see Appendix A) and t roperty owner(if differen fro app€:c Signatures: 1 _..... ._. On Of r -bay M4i1#�5 an 9P before me persona€€y appeared Scott Masse _. ... to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed# e same as.his/her free act and deed. _ l DEANE=MAGL:r- t-c hey C oaf MasSac wge#ls l t y comma-sssmr3 Expices brtj This Order is iss€rad to the applicant as fciiows: - �=5: �a,2�8 by hand delivery on byAe#*s&maii, return receipt requested, on Date µ J Data wpefarrn5.asx•r&w,12YMI F3pe 5�i T assach usetfs Department of Environmental Protection DEP Rel Wmear_ Bureau of Resource Protection - Wetlands WPA Fora 5 - Order of Conditions 4 -109 Provided by DEP Mas achusetts Wet Protection Act M.G,L. c. 131, §40 . Appal The app€leant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any terw residents of the city or town iri which such land is located, are hereby notified of the!r rigb'tto request the appropriate DEP Regional Office to issue a Superseding Order of Conditions_ The request rnust be made by certified mail or hand delivery to the Department, with the appropriate ffling fee and a camp€eted Appendix >_: Request of Departmental Action Fey Transmittal Form, as prov1ded in 310 CMR 1 O.03(7)within le busirrLt-ss days from the date of issuance of this Order. A copy of the request shy€i at the same tune be sent by certified rear€or hand delivery to the Consarvafion Oormriisa€ort artd to tf:o applicant, if he�she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not corifdbute to the protection of the interests idenfified fn the Massachusetts Wetlands Protection Act, (IMAL, c_ 131, §40)and is inconsistent with the wetlands regulations (310 CMR 1 O_f}0). To the exbent that the Order is based on a inunicipai ordtnance or bylaw, and not vn the M as$achasotts 1+Vetlandr,P rote ctiori Act or reguiat ons, the Department has no appellate juirisdlctlon. D. Recording Information — This Order of Conditions jnuat be recorded in the Registry of Deed or the €arid Oourtfar the dlstrk1 in which the land is located, within the chain of title of the affected property. Sri the case of corded laild, the IF In at Order skull also be noted in the Registry's Grantor index under the name of the owner of the €and subject to the Order. in the case of registered land, this order shall also be rioted on the land Comrt Certificate of Title of the owner of the lard subject to the Order of Conditions. The recording information on Page 7 of Farm 5 shall be submitted to the Conservation Comm!sslon listed below, North Andover Conse�raliorl�osr�missl4� Yd�5.d�•reu 126M PKE66 of 7 Massachusetts Department of Environmental Protecfl af=P He Number- Bureau of Resource Protection - Wetlands W A F rm — Order f ndit n 42_10���y. -...-... �rowi Massac€ usett Wetlands Protection Act , .L. c. 1 1 , 40 �e� L11 D. Recording Information (coat.) — Detach on dotted lane, have stamped by the Reg€sfry of Deeds arid submit to the Conservation OorrtrnissIOn. To, North Andover _... --- .... ... _......._ .......— onserva[ion commission Piea5e be advised that the Order of Conditions for the Project at_ _.. ..__ -..................-.--..................... ............ ProieR�.dr�€iory DEP FRs Number alas been recorders at the Registry of Deeds 4c_ —.......- Bay County Page fur. _....... PMperfy QW, or and has been noted in the drain of title of the affected property in: �ooic Page In accordance with the Order of orrditk)ng issued on. Date it recorded land, the instrument rEurnber WE�iitifying this transaction is. Instromant Number If regWeresi land, the dncument number identifying this transaction as_ ..... Docu3 ant Number - -- - --------- ------------ of Appliri Wpdwn6.doc•m.f2F301 Page 7 or7 Massachusetts Department of Environmental Protection I Bureau of t eso€ rce Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Prote #lon Act M.G.L. c. 131, §40 A. Request Information IrnportaTit: 1, Person Qr party fnaking request(if appropriate, name the citizen group's representative), When filling out farms o _. .------ -the computer, ",� use only the _-.........,.-- tab key to i+alEingAddress move yeur cursor-do Ci#yfTowrt-. SEa.#e Zip Code not use the return key. ireo�a umber Fax Number(if applicable) Project LucaUon 6JEailing Addeess -.... ........_....... CIty/Towri state ZIp.Cade 2. Applicant{as showr4 on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); of Request for I eterrninatbn of AppiicabiHty (Form 1)}; N��ne t�ail3ng Addiess l jEylTawlt 3fa#e ZIp Coda _ ..... .. --- .. ............ _ ..-....--'— Phone Number - Fax Number(if opplEcable) 3- DEP He Nurnbt?r= B. Instructions Y..� I- When the Departmental actlon reque$t is for(cfrack one). El SupeTsedin Order of CondItions 0 SLip8rsedifigoetefminationofAppl ability © Supersedi rig Order of Resource Area Delineation Send this form and check or money order for$50,00, pziyable to the Carrrtrr nvA-,a11h of Massachuseft to: Department of Erkv€runrnentaI Protectlon Box 4062 Boston, MA 02211 wpdr0ir05-tl6G•Appandx U-rev-12W1 Massachusetts Department of Environmental Protection Bureau of resource Protection - Wetlands PA ArJ pen dix E — Request#or DopartmentaI Action Foe TransmMaI Form Massachusetts Wetlands Protection Act KG L, c, 131, §40 B. Instructions (cant.) 2_ 0n a separate sheet attached to th[8 farm, state clearly and concisely the objections to the Determlrtat€nn or Order which is being appealed. To the extent t€,at the DLAer iinntion a 0rder is rased on a municipal bylaw, and not crr the Massachusetts Wetlands Protection Act OF r�gulatiOn5, the Department has no appei€aWjudsdlcfion, 3. Bead a copy of this Form and a copy of the check or money arder with the R2griest for a Supersedivg Detertc]natiori or Ordef by certified mall 3r barn delivery to the approlaNate DEP Reg!on a€ Once (see App�--ndfx A), 4. A cvPy of the request shall at the cairn time ba sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. x oem5.do6•Apyendlx8•rev.925,01 Pxge2or2 DEP FILE # 24 - 109 'i`herefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the €ol u;virg 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 shad be performed in acccrrdarrce with said cori<iitio-ns and with the Notice of Taitent referenced below. 'ro the extent t# the alartss, specifications or Qth4 r yrovosals subnrdtted with the Notice of .jpt entr the c013ditions Shall contr6l- - GEN RAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes artd other regulatory measures, shall be iR emed i tayse to revoke of modify this Order, 19, This Order does not grant any property rights cur any exclusive privileges; it does not authorize any jnjuiy to private property or invasion of property rights, Howevon, the NACC, agent of the NACC or the Department of Frivimnmental Protectiorti (DEF) reserves the right to enter and inspect the property at alb reasonable tinter until a Certificate of Compliance is issued, to evaluato cornphauce with this Order of Coed i[ions, the Act (310 C R 1 El.M), the North Andover Wc- land ByLaw and Regtilations, and may require any infor a don, mt�asttreicnents, photographs, observations, and/or nutturLds, 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 F FF determines that any of the work is not in compliance with this Order of Canditions. Work skull not resiurne until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 'finis Order does na reffievie the pern-dttee or any other person of the nece8sity of complying witli all other applicably federal, state or local statutes, ordi narnces, b - law5 or reb-i lations. 21. The work aurthorized hereunder shall be comp ieied within three years from the date of flits order. 22. This Order may be e.�ctetded by the issuing authoiit-y for one or more peiods of izp to one year each upon application to the issuii ig authonty at lest thirty days (30) prior to ffie expiration date of the Order fPefer to Section V111 (B (p.33) of the North Andover Wetland Rggiglaf r i. 23. The NACC reserves the right to ame-nd this Order of Conditions after a legally advertised public healing if plans or dictum tances are char1ged or if new condifion.5 or information so a�'rant. 1 NACC, 12112101 DE FILE# 24 1095 24, 'Where the Depa d-nenI of Envi rorunental Protectiori (DFP) is rcquested to Make a determinadon and to issue a Svperseding Order, the Conservation CQo ruydssiml shall be a party f6aII agency proceedings and heai7rLgs before the Department. 25, The conditions of thiq decision shaIl apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. Theae obligadoina shall be. expressed in covenants rn all deeds to succLcdirt owners of portions of the property. b_ 7be terns "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in irderest or successor in controi of the property refereno--d in the Notice of Intent, stipporting clar_uLnents and this Order of Conditions_ The NACC shall be notified in writing itl-dn 30 days of all tram;fers of title of akny portiork of praperty that takes place prior to the issuance of a Certificate of Connpliance. 7-7. The proposed work includes= the construction of an office building, water and electric lines, paved pavking areas, storinnwater tranagennent and drainage structures and site grading. Proposers project work is located within the 100-Foot 13-affer Zone, the 5-fout No-Disturbance Zone, and 50-footNo-Build Zozxe of Bordering and Isolated Vegetated Wetlands. 28, The ,work shall cunforrrt to the following (except as noted in the ren-LELinder of this doc-Limennt where revisiorts!x-ray be recltzired): Applicant, Seven Hills Foundation 81 Hope Az ue Worcester,MA 01.603 ApplLant's Representative: H-F Design C'onsultwnts,I11c, 103 Staleu Road Salem,NH 03079 Record PhuT MHF Design Consultants Propased Sile Devalopr cnf Map Z07A, Lot 348,Salern Turnpi4,Final Rezg, 12-8-01 Signed and Stamped by: Frank C. Montetra,P.E. The fallowing documents and c=esponde�ice shall be incorporated and part of the recor'd file DEP 4242-10 5: Date: 8-2-01 Frotm: YArl R, Duba ,P.E., 1vfIIF Design Consultants,ln To, North Andover Consm ation Carmnissiou Fe: Notice cf, Intent Applic0kn Date: 11-2-01 Final{rev, dra€e F.rrmi: Karl R. Dvbay,P,E,,MHF Design Cansultrants,Inc TO Noah Andover Conserve dion Colnmiss n Re, Drainav Calcukthons 2 NACC 12112/01 EP ri ILE #Z42 - 109 Date: 11-26-07 Trorrr: Phn C chessia,F.E.,baler &Colantonio' Inc. To, Scott Masse,Ckiman NA CC Re. Final Review Ldhf r Daft, 10-24-02 Fro7n Karl R_ Dubay,P.E,,MHF Design Consultants,Inc. T0' John Chessia;P.E., Coffer&C0luntonio,h1c. Re" Review Rfrsponsle L.stter bate. 10-.23-01 Prow; John Chessia, P.E., Coler&Colantonio, Inc. TO, Scott l arse, Chairman NA CC Be; P. iew Letter Date: 10-17-01 From, Dart 9-..Duhay,P.E.,MHE Desilm C'ansulfanfs,I11c. To, John Chessia,P-E,Corr&Cbiarltorlio,frgc. RIP: Review, espouse Letter Date, 10-9-01 From Jahn Chessia,AE., C'oler&Colardonta,Inc. TO, Scott Masse,OwilmanNACC RRe. Revimv 18tier 29- The following wet and resource areas are affected by the proposed work, 100-fool Buffer Zone, 5-foot Igo-Disturbance 'Zone and 50-foot Igo-Build Zone of a Bordering and Ysolated Vegetated Wetland. These resource areas are significant to the intemsts of the Act and Town ByLaw as noted abcwe and thexejn, The appIi ant has not attempted to overcome the piresumption of significance of these resource areas to thc,identified interests. 30. The NACC agrees with the applicant's delhieation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31. The NACC finds that the intensive rise of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource arems. In order to prevent any alteration of wetland riesource areas a 5-foot o-Disturbance Zone and a -50-foot Flo-Build Zone shall be established froin the edge of the adjacent wetland resource axea. The Conservatian Admirdstrator and/or offier agents of the NACC do not have the authority to waive these setbacks as established imder the local bylaw. No disturbance of- existing grade, 8c3ils or vegetation is pex;Witted in the Nc-Distarbance zone, with the exception of the proposed work on the plan dated 11-801. dum ster and lfs associated concrete ad and fenced enclosure ;� . The proposed g � . shown an the plan of recard shall be located outside of the 50-foot No-Build Zone. I l 33, This document shall be included in all construction contacts, sulacontracts, and speeificatans deafifig with the work proposed and shall supersede any conflicting I 3 NACC IW17JGI :� DEP FILE #S'242 - 1095 contract requirements. 'fie applicant shall assure that all contras-tors, subcontractors, and other peF'sonnel perfonydnl;the permitting work are fWly aware of the permits €eras and condidonts. Thereafter, the contractor will be held jc)intl liable for jury Violation of this Order resuItEng frarn failure to corrEpl ��t�t its conditions. 4- The owners of the project and their successnn rn title, in the event they proceed to aIter areas subject to the Commission's jurisdiction under the order, agree that thr Order does not in itself impose upon the Town any rv--�perosibility to mainiairL the proposed drainage system and that said Town shall not be liable for.aay darns ge in the event of failure. By acceptance of this Order, the, owners agree to i ndenuiify and hold ham-dess to the Town and its residents for any d=ogu attributable to alterations undertaken on this property pursuant to the Order. Is of these Conditions does not in any way imply or certify that the site or dnwnstn--am areas will z-tot be subject to flooding, storm damage ar any other form of water darntngc. Maintena-nce of the drainage system, if accepted by the Town as part o€'a putblic way, becomes the responsiblIity of the Town. 35. Issuance of these Conditions does not in any-way imply or certify that the site or do nstrearr areas will not be subject to flooding, storin damage err any other f0= of water darnage- PRIOR TO CONSTRUCTION 36. No work shall be x nder'tak4en until all administrative appeal periods from this Order have elapsed or, if surh an appeal has beexx filed, until all proceedings be€are th, Department or Cotta have been completed. 37, Tliis Order shall be recorded by the app]icarrl at the Registry of Deeds imrnecliately after the expiration of all appeal periods. No worts shall b� undertaken until the Final Order has been recorded in the Registry of Leeds or the Land Court for the district ire which die land is located, within the chain of title of the af€ccted property. In the case (if recorded land, the Final Orden shall also be rated ir� the Xegistr s Granter Indus under the name of the owner of the laid report which the proposed work is to 1 done. In the case of registered land, the )~inal Order shall also be noted on tree Land Court Cerdficete of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be 5ubiniitted to the North Andover Conservation Commission on the faros at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work conunences may he recorded by the NA CC at the appl€cam's expense. 38- A sign shall be displayed at the site not less chart two square feet or more than three square feet in size bea-Ling the words "DEPFile N umber 242-1095". NACC 12112101 D pFILE #fiZ4 - 1095 39� Any changes in the subs-pitted pL-ms caused by the applicant, anothe)• Board's decision or resulting froEn this Order of Curtclitions must lie s,ubn-fitted to the NAC:C for appruvt id prior to irkiplementadon. if the NACC finds said i�ihaa es to be sigrdficant, 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 nc-w Order of Conditions. Any errors found in the plans rsr infprmatiotl submits ,d by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may re -ult in changes to the project plans or wettaxid impacts. if any such claulges occur a revisiA plan and an explanations of the revisions s3-tall be satbmitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approvai has been granted by the NACC. 40- It is the responsibility of the applicant, own r, and/or successor(s) to ensure ffuat all conditions of this Order of Conditions are complied with. The project engineer and contractors ai•e to be provided with a copy of this Order of Conditions 'arid referenced documents before cosxunenccrrtent of construction. 4J.- Prior to any work commencing ors-site, the applicant shall submit to the NA-CC for approval, a detailed sequence of construction, including the corotrszctior of compensation and retention areas, installations of sedimentatioA/erosion cortarol devices and re-vegetation to be cumpleted before other warn begins on-site. 42. Wedand flagging shall be checked pdot''to start of constructions and shall be re- established where missing. All wetland flaggin shall remain visible and enuirterated per the approved plan(s) thxot�ghout the life of the project and uR-HI a Certificate of Campliance is isstied so that erosion control measures cast be properly placed and wetland impacts can be monitored- The proposed lin-dt of work shall be shall be clearly marked with stakes Qr Flags and shafii be cordirmed by flit} TNACC. Such ir►uk<)rs shall be checked and repfaeed as r essar and shall be aisinwned until all construction is r-ornplete. Workers should be irdormed that no use of maclunery, storage of machinery or rrtaterial8, stockpiling of soil, or construction activity is to occur beyond this lime at any time. All flags used for the above purposes shall be of a color different from other flagging used on the- site. 43. A row of double staked hay hales backed by trenched siltation fence shall be placed between all construction areas and wctlar0s. The erosion confrol barrier will be pToperly installed and placed as shown on the plans approved and referenced he:rcin and shall be inspected and approved by the NACC prior to the start of corrstr c on and shall rerrtain irttact unIii alI disturbed areas have been permanently stabilized to prevent erasion. All erosion prevention and sedimentation protections measures found necessary during comtmction shall be imp]einented at the direction of the IMACC:. 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.nscticeable degfadation of surface water duality discharging from the site. Por extunple, installation of erosions control measures may boa required in areas not shown on the plan(s) referenced in this Oder of Conditions. Should such _.... - — NACC 12/1ZIQt , i JJP.ePi IL1.-`r fF 242 - 1095 39, Any changer, in the submitted plans caused by the applicant, another Beard's decisiork or resulting from tl-ds Order of Conditions must be su€ rrdtted to the NACC fir approval prior to implementation. If the NACC finds said changes to be significant, the NA will call fuz another public hearing (at the expense of thL, applicant). Within 1 days of the close of said pablrc hearing the INACC: will issLze an arnended or new adcr of ConditiorLs. Any e-trors found in the plans or infc)=.ation subrn€tted by the applicant shall be considered as charxges. 'Me proposed pxoject may be still under revict,%f by outer local or state boards or agencies. This x y result m changes to the project plans or wetland impacts. If any ruck changes occur a revised plan and are e p€anati= of the revisions shall be submitted to the I ACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been gran#ed by the NACC. 40. It is the responsibility of the applicant, owner, and/or saccessar(s) to ensl rt that all conditions of tliis Order of Conditions are complied with. The project errgirkeer and cnntractons are to be provided with a copy of this Order of Conditions and referenced dccrZnienis before commencement of construction. 41.. Prior to any work coi encmg on-site, the applicant shall submit to the: NACC' for approval, a detailed sequence of COnStructiOn, including the construction of compens tlors and retention areas, installation of sedimentatian eruk;ion control devices and re-vegetation to be campleted before other work be inEi o�3-site. 42. Wetland flagging ng shall be checked prior to start of construction and shall be re- established here missing. All wetland flagging shall remain visible and enumerated per the approved platt(s) tbroixghout the life of the piojed and Until a Certificate of Compliance is i%5ued so that erosion cozitwl measures can be properly placed and wetland impacts can be mco.itored. The proposed limit of work shall be shall be clearly marked with stakea or flags and shall he confirmed by the NACC, Such markers shall be checked arEd replaced as necessary and shall be mintained until ail constriction is complete. Workers shoiild be informed that no use of machinery, storage of mad-irery or materials, stodkp€lien of.soil, or coristr'ucticii activity is to ocean beyond this lime at any time. AU flags used for the above purposes shall be of a color different frum other flagging used ore the site. 43. A rQw of double staked stay bales backed by tivnehe€l siltation fence shall he placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and refcitnced herein and shall be inspected and approved by the INACC prior to the start of construction and shall remain intact until all disturbed areas have been permanentl stabilized to prevent erogiQn. All erosion prevention and sedimentation protection measrz.res found necessary during construction shall be implemented at the direction of the NACC. The NFACC reserves the right to impose additicmd conditions oil portions of this project to mitigate any impacts which could result h'ofn 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 ar as rLot shown ore the plan(s) zreferenced in this Order cif Conditions. ShoWd s4xch 5 NACC f 2/1MI DEP O LL #242 - 1095 ins tall a tica-k be required by the ITACC, they shall be installed within 48 hours 0f the Commi.gMen's request. 44. The applicant shad have on hard at the start of any soil disturbance, removal or stockpiling, a min jtstum of five (25) extra hay bales and suf dent stakes for staking these bales (or an equivalent a ou�it of silt fence). Said bales shall be ased only for the control of emergency erosion problems and shall not be used for the noxinal control of er€sion. 45. A check payable to the Town of North Andover shall be provided in the amoaxlf of $ 5,000 wE-Lich doll be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, ailed' shall be posted with the North AndovcT Town Treas- rcr tl3rougb the ;NTA.CC before corn menceineot of work. Sa.id deposit of money small be conditioned on t u conipletion of all conditions hereof, shall be signed by a .party or parties satisfactory to the NACC, and Town Counsel, and shall be released after comp;eijon of the projpa, provided that pmvisioris, satisfactory to the NACC, have been made for performance of t-ny conditions Auer are of continuing nature. The applicant may propose a monetary release schedule keyed to complctioft of specific portions of the prof(-ct for the TtAC 's review and approval. This Condition' .is issued under the authority of the !veal By Law. 46. The appEcant shall designate a professional Wetland Scientist as an "Erosion Control ioni(ai" W oversee any emcrg cy placcnumt of controls and re lar inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor mtiist be provided to the NACC in the event that this person has to be contacted, due to an emcTgency at the site, during any 4- hour period, including weekends. This }person shall be given the authority to stop canstructivrt for erusian control purposes. The erosion cor&ol monitor will be required to inspect all such devices a-ad oversee deaning and the proper disposal of waste products. Cleaning shad. include removal of amy entrapped silt. At least once during each week in which construdion activities occurs on-site and for as long thereafter as gtounid rernains unstabili7ed, the applicant shall submit a written report from the ILjosiorL ControlMonitor" to the NACC certifying that, to the best of leis f her knowledge acid beliefs based on a careful site inspectioD, al] work is bein performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitoir must visually inspect all sedimentationderosion control measures and assume re,5pon.5ibility for their maintenance on a weekly basis and that they are functioiung as intended- in additioM all a#land resource areas slat be visuaffy b)spected for siltation, turbidity, and f or other water quality impacts. 47. Prior to construction, the applicant shall pernianently mark the edge of the 25-foof No-Disturbance o€ie with si.gn5 or ma it kers spaced evenly every 40-feet incorporating the following text: "Town of North Andover Protected Wetland". This will desigaiate their sensitivity and assure no further inadvertent encroa chm en hito the wetland. These perm anenit rnarkers area sub}ect to review and approval by the NACC. The applicant shall in.5ft xct all agents to explain these markers to 6. NACC 12J12141 IlEP FILE #242 - 1095 buyen/lessees/ Iandscapcn and all persons taking over the property front the a ppi iCartt. 48. The applicant skull stale out the foundation r:orners prior to constiuctioi-L for projects including, lout not limited to, single fan.,iIy h additions, dc;cks, pools, etc. 49. The applicant and/or the legal owner of that portion of land upon which terse Orders of Conditions have Deem placed shall provide to the NACC prior to transferring, or assigning arty portion of said land to another panty, subj ect to said Carders of C'orxditions, the "Affidavit" attached via "Appendix A" signet) urider the pains and penalties of perjury, stating that saki applicant andlor owner has read these Orders of Conditions and is in compliance with each and every coin dition. This document shall apply to each of the conditions referenced herein and shall be pro-tided to the Conservation De arts-neat at least five (5) business days prior to the --losing of said land tramaction- 50. Once these above mentioned pare-construction requirem'entq art- Complete, the applicant shall contact the Conservation Office prior to site prapara#ioh yr constauction and shall arrange an on-site conference with an NACC representative, the conftactor, the engineer, wetland scientist and the applicant to ensure that all of tote Condi ions of this Order are understood. This Order sha-11 be included in all construction confractq, subcontracts, and speoificalions dealing with the work proposed and shRH stipessede any conflicting contract z(cquire=nts. The applicant shall assxare that all conb,sctors, subcontractors acid other personnel performing;the permitted work are filly aware of the pen- it's terns and conditions. Thereafter, the contractor wil1 be held jointly liable for any violation of this Order of Corkditioi-.s 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 io coordinate construction and to ensure compliance 4,iith this Order. A reasonable period of time shad be provided as notice of t1�e prey construction meeting (e.g. 72 hours). DURING O STRU TION 51. Upon beginning work, the appli=t sMl submit written progress reports every week (see condition #47) detailing what work has been done in or near resource areas, and what work is anticipated to be done over the ruext period. TIds will update the construction sequence, r 5.2. No discharge of water is allowed directly irrto an area'subject to jurisdiction of the Wetlands Protectic>n Act and/car the North Andover Wetland Bylaw, If eanergency � de-watering requirements arise, tiu} applicant skull submit a contingency plan to the Corn ission for approval which provides for the pui ed water to be contained in a I settling ba5ir� to reduce turbidity prier to discharge into a resource area. 7 NACC IV]2/01 � D P]FILE#24 - 1095 53- Ariy flit +used in connection with this project shall be dean h11, containing ;zo trash; refuse,-nibbisll or debris, hicluding but not limited to himber, bricks, plaster., wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, niotai- vellides o�- karts o11 any of the foregoing. 54- No exposed area shall rermin urdirdshcd for more than thirty (30) days, t1FJeSB approved by the NACC. 55. No ze-gradingin dLe buffer zone skull have a slope steeper than 2:1 (horizc)ntai: vertical). Slopes of steepen grade shall be rip-rapped to provide permanent stabilization, 56, There shall be no stockpifing of soil or other mateilals within twenty-five (25) feet of any resource area. 57. Washings from concrete trucks, or surplus concrete, shall not be directed to, an drainage system, or wedand resource area. 58. All waste generated by, or associated with, the comstru.ction activity shall be- contained within the construction area, and away from any wetland rescznrce area, There size be no burying of spent construction rry terials or disposal of waste on the site by any other means. The applicant sfiall maiatain durnpsters (or other suitable me zs) at the site for the storage and ramQval of such spent constructiorn matezials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLa . 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. During and after work on this pro)eci, there shall be ne discharge or spillage of fuel, or other pollutants into any rk+wedand msource area- If there is a spill or discharge of any pollutant during any phase of construction the I ACC shall be notified by the applicant within ogre (1) business day. No construction vehicles axe to be stored idiFn 100 feet of wetland resotz rce areas, and no vehicle refueling, equipment lubrication, or rmaittteznance is to be donne within 100 feet of a resource area. STORMWATER MANAGEMENT CONDITIONS 1. All constructian and post-construction stormwater management shall be conducted in acoordarti(�e with suppartirhg dor-n men Ls.subrrLittcd with the Notice of intent, the Department of Envbronme-ntal Protection Sto=water Management Policy and as approved by the NACC in this Order of Conditions. 62. All sto= ater best martin anent practices shall be maintained as specifies€ its the per,�iJon axid.Maintenance Plank submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenanee of the 8 NAOC 12112101 DEP FILE #2.4 - 1095 storrnwater management system shall be provided to the NACC un an annual baszg by a Re lstered Professional Cavil Engineer for a period of two (2) years from the date said strictures go "on-lure". 63. There shall be no Increase 41 the post development diseharges from the storm drainage system or arry o[ber changes in post development conditions that alter the post development watershed bc)undaries as cur ntly depicted in th4� ? Notice of Intent and approved by this Order of Cor-ditioni;,unless spet'ifically approve cd in writing by the NAC:C. 64- Wate37 quality in down gradient B Ws shlaR not differ significantly following coIrrpletion of the project from the pre-development 4 rortditiorls. Thee e shall be no sedimentation into wetlands or water bodies f om discharge pipes or surface ru ioff leaving the site- 65, The app]icant% ow lel•s,and theSr successors a-nd assignees,shall.maintain all culverts, collections bas&ts. Daps, cutlet structures, subsiarface storage areas, and other dements of the drainagc systein,finless put into an easement to the Town of North Andovet,in order to avoid blockages and siltation which might cause failure. of the system and for detrimental impacts to on-sit€: or off-site resource areas, and shaII maintain the integrity of eve etative cover On the site. 6. All catch bashes shall contain oil/gasoline traps, and it -3fia11 be a conth-Lining con dition of this order, even after a erdflcato of Compliance zs iss-Lied, that thf2 oil/gasoline traps n-L the catch basins be maintained. All catd-L basin s small be free of all accm-niAated silt and debris before a Compliance is issued and the owner or his/her went shall so specify in the request for Compliance, 67. No road salt, sodium chloride, or other de-icing chemicals shad be used on paved surf-aces, and any aria.xngernenf for snow removal shall so sfip-olate clue to the importamce of the site and wetlands. Permxaent si ns designating "No-Salt one" and "No-Snow Stockpiling Zones" shad be displayed in prominent Locations. A Ell CONSTRUCTION 68. No underground storage of fuel oils sha11 be allowed on any lot within one-hundred (100) feet of ariy wetland resoLuce area. This conditio-n shall survive this Order of C:oiiditiam and shad run with the titl'e of the property. This condition is issued under the authorityof the Town's Wetland protection ByLaw. 69. Fertilizers u1iHFA-d for landscaping and lawn care shall be slow relea9e, low-rdtrogen types (< 5%), and shall not be used witin 25 Feet of a resource area. Pcsticides arLd herbicides shall not be used within 1.00 feet of a wedand resource area. T ds r-onditi.on shall survive this Order of Conditioro artd shall n-m with the title of the 9 Ace 12A 2}4 1 DEP l 'ILE#242 - 1095 property. This conditimi is issued sander the authority of the `i'own's Wetland Protection Bylaw and shall remain in perpeEEai ty. 70. Upon completion of construction and grading, all disturlacd areas located outside resource areas shall be stabilized permanently against erosion. This Shah be done either by loazrdng and seedk-�g according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has beets achieved. . 1. t_]pox-t cornpheticm of the project the applicant shall submit the following to the Conservation Con-dnission as part of a request for a Certificate of CompHance a. WPA Form 8A—"Request for a Certificate of Comphonce." b A l ter front the applicant requesting a Certificate (�if Cornpliance. c. The name and address of the current landowner. d. Signed ataternents froin the individual property owners shall be Submitted with the request for a Certificate of ComphAnc8 indicating that they read and under5t€od the: rc�ccarded Order of Conditions prlor to purch{tsing their property. e. The name and address of tine individual/trust or corporation to whom th(..,, compliance is to be granted. f. The street address and assessor's map f parcel munber for the project. g. Ilia DEP file number. h_ A written statement from a Registered Prafessional Civil Enoiaer of the Commonwealth certifying that the weak has been conducted as shown on the plans) and docinnents 1efeienced above, and as conditioned by the ConuTdssim. i_ An "As-Built" plan prepared and signed .and stamped by a Registered Professional Civil Engineer of the Commonwealth, for the public record. This plan wiII include. "As-Built" post-development elt-vations and grades of all filled or altered wetland resource areas indudin}; lbi� encompassing buffer zone which is regulated as a-resource area sander the IocaI Wetland ProtectiOn Bylaw. Distances from structtares to wetland resource areas. Structures incluude (but are not limited to) septic systems, addiEions, fences, sheds, store walls,pocls, retaining walls, subsurface utilities and de&s. A lip showing the limit of work and the extetxt of existing erasion control devices, ''Work"includes any disturbance of soils or ve etatiOnr Location of all subsurface utilities entering the property, The following special conditions shah survive the issuance of a Certificate of Compliaxt e ( OC_) for this project, The 25-foot No-Disttrttbauce Zone and a 0-fc)ot into-Build Zone shalt be _ established from the edge of adjacent wetland resource areas except in those locations approved under DEP#24.2-f095. Fature work within 100' of existing wetlaxad resource areas will require} a separate filing with the NACC. The Conservation Administrator and/or other agents of the 10 NACC: W12101 DEP FILE 4 - 1095 ACC do not have ffie authority to waive these setbacks B's cstablisl-ied under the local Bylaw (Condition 451). Stormwater mnnagc-mcnt system and operations and i miintenanct plan (Condition.8 #62-67) Disdiarge or spifIage of pollutants (CondWort# 60); Prohibition of underground fuels (Condition 468); Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds, and }pesticides (CondiLi(>n#67 and 4 69). I I t -- --- NAQ', 12112101 { DEP FILE## 242 - 1095 AFT E,NDI A - AFFIDAVIT Ir-•- --...............--- on oath du hereby depnsp�in4i state: (atithorizeri agent applicant and/or current owner) (PLEASE CHECK AT L,I A I'ONE BLO CK) -___-.• F am the (position with applicant) (applicant namc or comparty liarne) the appliczmt wort whrTn Order of Conditions have been placed upon b (DES'or 7VACC number) the North Andover Conservation Coramtdssiom &tor -- _ I am ti12 (Positiun with n AIcr) (owner naive) the owner upon whose land Order of Conditions - havf-bcen placed tip by (DEr or A -C number) the l forth Andover Conservation Co mTpis5jan, 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and tuidersta_nd each (DEP isle#) ioind every condition which has beers set forth its said Order of Couditioxts, 4. 1 hereby affirm and acknowledge that on this day of n,- 1 l inspected said ;7rnperty tv ther with any and all improvements which have . been rmide to the same and hereby ce rftfy that each and every condition set forth in Order of Conditions are presently in carmphance, (DIH,File#} 5. 1 hereby affirm and acknowledge that this document wiH be relied upon by the North Andover Conservation Ctxr=ission as well as any potential buyers of said proputy whidi is subject to said Older of Conditions _. Y (DEP File r . Signers corder the pains and p-cna)tacs of perjnry this day of (Signature -authorized agent v.f applicant or owner) 12 NACC 12!]2/0 1