HomeMy WebLinkAbout242-1851, 26 Long Pasture Road OOC - Permits #242-1851 - 26 LONG PASTURE ROAD 11/2/2022 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1851
WPA ®— Condition Form 5 Order of Conditio MassDEP Fite#
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. Fron.. ............................
been modified Conservation Commission
with added 2. This issuance is for
space to a. Order of Conditions b. El Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Divya l3hatnagar
a. First Name b. Last Name
Important:
When filling
out forms on c.Organization
the 26 Long Pasture Road
computer,
use only the d. Mailing Address
tab key to North Andover MA 01845
------------
move your e.City/Town f.State 9.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
............
rzb a First Name b.Last Name
..........
c.Organization
--------------- .......
d. Mailing Address
—-..........------------- ----------
a.Cityrrown f.State g.Zip Code
5. Project Location:
26 Long Pasture Road North Andover
.....--
a.Street Address b.City/Town
Map 106E Lot 219
c,Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d65mO74s 71 d05m712s
..................... .........................
d,Latitude e. Longitude
wpaforin5.doc-rev 5/1812020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided t*Maaosp:
Bureau Of Resource Protection - Wetlands 242-1851
����� � � Order � �� �~�~
n�m w� Form � ~� v��^��� ��" `������UuUons
Massachusetts Wetlands Protection Act K8.E).LC. 131. G4U *osp Transaction#
North Andover
Cityrrown
A, General Information (COOt]
*. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registerea'ianci�'
16564 113
7. Dates: June3O 2022 Dobobar20 2022 Novenlber2 2022
a.Date Notice of Intent Filed b. Date Public Hearing Closed-' 'c ba"te" of I-ssuan-ce -
8. Final Approved Plans and Other Documents (adbaoh additional plan or document references
as needed):
Notice ofIntent Plan cfLand
o.Plan Title
Hancock Associates BrianG� G�audoeau
b.Prepared By c.Signed and Stamped by
October 14 2022 As Shown
d.Final Revision Date e.Scale
See Attached
tfmu|nuom|p}unoroocumentTxle g. onm
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a
o Prevention of
Public b� �� Land � ����
� �� �� Pollution
d
t �� Protection of
Private �� �� Fisheries
� ���� �� Wildlife Habitat
q� E Groundwater Supply h. Storm Damage Prevention i. E Flood Control
2. This Commission hereby finds the project, eeproposed. is: (ohaokonenfthafo||mwin0boxom)
Approved subject to:
a. 0 the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission Vvdorn that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached (o this Order. Tnthe extent
that the following conditions mqd|h/or differ from the p|ans, speoifioaUons, or other
proposals submitted with the Notice ofIntent, these conditions shall control.
°r"m.°a.doc'rev m1mc02m Page 2"/1a
4
Massachusetts Department pf Environmental Protection Provided byMsnonsF:
242-1851
Bureau of Resource Protection - Wetlands
MuounEp File#
����� � � Order � �� �.�~
��x v� Form � —~ "����� ��n �*�����uUons
Massachusetts Wetlands Protection Act K8.G.L. o. 131, G40 ooEpTmneaohn114
North Andover
CityfTown
B. Findings (cont.)
Denied because:
b. 171 the proposed work cannot beconditioned to meet the performance standards set forth
in the wetland regulations. Tharmfnne, work nnthis project may not goforward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and e final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
v. n the information submitted bythe applicant|s not sufficient todescribe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therofora, work on this project may not goforward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description ofthe specific information which is lacking and why itim necessary is
attached to this Order as per 31VCO8R1O,O5/6\(o).
3. Z Buffer Zone Impacts: Shortest distance between limit ofproject 76' fonoe
disturbance and the vvallondresource area specified in310 {��NR1O.82(1)(o) �]�������
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4.
[—�l� Bank a e a rne ei— bjin����-- �jm��r��-- u �eav feet
��
6. F] Bordering
-----
Vegetated WeUomd a.square feet b.square feet c.square feet d.square feet
o. 0 Land Under
VVaterhodiesand a.square feet square feet c.square feet d.square feet
Waterways
7. [l Bordering Land
Subject to Flooding o.square feet b.square feet c.square feet u.square feet
Cubic Feet Flood Storage ,.6vmc«�[�� �'^xm�6�*-- g.cubic feet 7h.cubic feet--
8. 11 Isolated Land
Subject to Flooding a.square feet va.oqoomfeet
Cubic Feet Flood Storage ���w����-- m�G�����-- ���vm�/��-- ��v���v[---
o. E7 Riverfront Area
a.total sq.feet b.total sq.feet
Sqft within 10Vft
c.square feet d.square feet e.square feet f.square feet
Sqk between 100-
200ft g.square fmot h.square feet i.square feet�� j.square feet
~p"m.nou""'rev m1mr02o Page 3m1»
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Massachusetts Department mf Environmental Protection Provided bywamamsp:
Bureau of Resource Protection - Wetlands 242-1851
����� � � ���� � Conditions
��" v� Form � — ,�n ���� ��n `����x�Uu�ons
K8asSgchUse�sVVet\GDdeProtection Act 0�.(�.Lc. 131. G4O oospTmnmnmionw
North Andover
B~ Findings (cont.)
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 '
11, n Land Under the
Ocean m.square feet b.square feet
12
Indicate size under Coastal Beaches and/or(�oosta| Dunes
Fl
� �~ Barrier Beaches below
13, Fl Coastal Beaches ^"yd ""
yd
a. square feet b.square feet 0.nourishment d.nourishment
14. Coastal Dunes ^"yd ^"
yd
a.square feet b.square feet c.nourishment d.nourishment
15 �oea�a� Bonkm� ���� ajinear feet-- ��inear feet--
1O. F-1 Rocky intertidal
Shores e.equamfemu b.square feet
17. [l Salt Marshes
a. square feet b.square feet c.square feet d.square feet
18� F-1 Land Under Salt
Ponds m.square feet b.square feet
r.m/y dredged d".vty de0Apd
19, F-1 Land Containing
Shellfish a.square feet b.square feet o.square feet d.square fee{
20, F-1 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVmtorbndieoand
Waterways, above
a.c/y dredged b.Uy dredged
21, F Land Subject ho
Coastal Storm a.square feet b.square feet
Flowage
zl Fl River[rontArea
Sqft within 1O0ft c.square feet d.square feet e.square feet f.square feet
----
Sq#between 1U8-
20Oft 0.square feet h�feet i.equmrehaot ].square feet
"*^m'^5.mm',""5118o020 Page 4m10
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Massachusetts Department of Environmental Protection Provided uYMasouEp:
242-1851
Bureau Of Resource Protection - Wetlands
����� � � Order � o� x�^�~
m�" ^� Form � �� "����� ��n ~�����U�Kons
Massachusetts Wetlands Protection Act M.G.Lt. 131. G4O o an,m ion#
North Andover
wn
B. Findings (cont.)
~#23. Kthe 2l 1-1R�nb�/�Mon/Enhaomemnent°'
pn4e�iufor
the purpose o[
restoring or
~^~~`~ ~�~'~~'~'`~`~~~^`^'~'~^nhancing a a.square f ^
wetland
resource area o*. F:1 Stream Cnosoing(o):
in addition to
,he square
footage that a. number m new stream crossings v.number m replacement stream crossings
has be
en C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Goction8.5.o
(B\8K)or
B.17.o&;mk The following conditions are only applicable toApproved projects.
Marsh)above, 1� Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
the additional regulatory measures, shall be deemed cause tn revoke nr modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury bzprivohepvupedYnrinvaaionofprivabarighba.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, atohm, or local etatutea, ordinances, by|amm, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either ofthe following apply:
e. The work is o 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 less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth oma special condition in this Order.
o. |f the work is for Test Project, this Order ofConditions shall be valid for no more than
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 rnoybeextendadforone
additional year only upon written application by the applicant, subject to the provisions of 310
CK0R 10,05(11)ft
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 ahaUboo|ean0iAnyfiUahaUcontainnotnanh.
rofuse, rubbish, or debris, including but not limited to |unnber, bricko, plaster, wina, la\h,
paper' cenjboan1, pipe, hnae, omhos, nehigena[ors, motor vehicles, or pads of any of the
foregoing.
4
Massachusetts Department mf Environmental Protection Provided uYmmoemep:
Bureau of Resource Protection - Wetlands 242-1861
MaauoeP File#
����� � � Order � �� �.*.
L� l w�u v� Form � — "����� ��n ��������Uons
Massachusetts Wetlands Protection Act W1.G.L. c. 131, §40 omEpTnan*amiun#
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,
orifsuch an appeal has been taken, until all proceedings before the Department have been
completed.
0. 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 |nngted, within
the chain of title of the efhanbad 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 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 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 bv the Registry of Deeds, prior to the commencement ofwork.
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,
"MoeaouhuoeMmDeportrnantofEnvironnnanta| ProtaoUon^ [or. ''PNamnDEP]
"File Number 242'1851 "
11. Where the Department cf Environmental Protection is requested to issue aSuperseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before K400a[)EP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) tothe Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing ofa new Notice ofIntent.
15. The Agent nr members of the Conservation Commission and the Department of
EOY|rVOnleUta| Protection shall have the right to enter and inspect the area subject to this
Order atreasonable hours toevaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission ur Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
4
Massachusetts Department of Environmental Protection Provided byMaoaner:
242-1851
Bureau 0f Resource Protection - Wetlands
mamooEp File#
����� � � Order � Conditions
��n �� Form ~� �~ �������� ��n ����K�v�UuKons
Massachusetts Wetlands Protection Act K8.G.L. o. 131. &40 uosP Transaction#
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Aot (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until o Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in o wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur etthe
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the"Project")
(1) is subject to the Massachusetts StormvveharStandards
(2) Z in NOT subject to the Massachusetts ShornnvvaterStandards
|f the work |s subject twthe StPrnoxvatwr Standards, then the project is subject tPthe
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period Pollution prevention and
erosion and sedimentation control plan and, if applicable, the ShormvvaterPollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit eo required by8turmwaher Condition 8. Construction period
eromioo, sedimentation and pollution control measures and best management practices
(B[NPn) uhoU remain in place until the site io fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i all construction period ByWPn have been removed or will be removed by a deba certain
specified in the Certification. For any construction period BN1Pa intended tobeconverted
to post construction operation for stormvvatarattenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction oponation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii, as-built final onnohuuUoo BK4P plans are included, signed and stamped by Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements ofStnrnnvvoterStandard 10;
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Massachusetts Department of Environmental Protection Provided bymamoep
24218�1
Bureau Of Resource Protection - Wetlands -
����� � � ���� � d� ��~�^
m�u �� Form ~x �� ��o ~���� ��x ����K�^�U�Uons
Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 onEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
h/ all post-construction sk)rmvvaherBMPoare installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
o\ The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Shormvvoter BK8Po identifying the party responsible for implementing thaatornnvvater BMP
Operation and Maintenance Plan ("D&K8P|an") and certifying the following:
i\ the (}&PW Plan is complete and will be implemented upon receipt ofthe Certificate of
Compliance, and
ii) thefutunenaoponoib|npadiessheUbenndihed |nvvriUngofth*irongoing |aga|
responsibility to operate and maintain the stormwater management 13MPs and
implement the GtornlweterPollution Prevention Plan.
d\ Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Gtormvveter Report and, if applicable, the Ghormvvater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System MUlti-Sector General Permit.
e\ Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BK4P. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements nfConditions 18(ƒ) through 18(k)vvith respect to that BkUP. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)vvith respect to that 8K0Pshall beaviolation of the Order uf Conditions orCertificate
of Compliance, In the case Vfstormwmter BPNPa that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the aturmwabsr
BW1Pa. 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
egnaenuenL
f) The responsible party shall operate and maintain all etorrnwotarBMPainaccordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
8tnrmvvmharHmndboVk.
vvmm,mo.doa'rev m/oumv Page nmm
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Massachusetts Department of Environmental Protection Provided uyMmaIDEP
18�1
�]UPB@UOf ��8SOU[ceFoPJfe(tioD - V�eflGOds 242'
������ � � Order � Conditions
vnm »� Form � �� °����� ��" `�������u�ons
Massachusetts Wetlands Protection Act W1.(�.L. c. 131. §40 �
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g\ The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ooaUon);
2. Make the maintenance log available toyNaaeOEP and the Conservation
Commission ("{|ommiasion") upon request; and
3. Allow members and agents of the K8aoaDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
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 13MPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j\ The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
N Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
|\ 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 eubiwnttn310CKUR1O.O5(11), tbeoppUcentmhaUa|moimp|ementthe
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission nr Department determines that the Test Project thnaahenothe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice o[Intent or modify the project aedi000tmdbythoonnnen/aUon
commission or the Department.
"nax"=sdoc'rev mv/202v Page owm
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Massachusetts Department mf Environmental Protection Provided uymuemEp
Bureau of Resource Protection - Wetlands 242-1851
MassDEP File
������ � � Order � Conditions
L4 I ��" m� Form � — ~���*�� ��n ~����^��u�ons
Massachusetts Wetlands Protection Act K8.G.L. o. 131, G4D ooep Transaction#
North Andover
D, Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z Yee El No
2, The North Andover hereby finds (check one that app|ies):
Conservation Commission
e. R that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal Ordinance or Bylaw 2. Citation __
Therefore, work on this project may not gnforward unless and until o revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order nf Conditions imissued.
b. H that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 180
T-Muniu|pa|nn/|oon*aorsy|aw et, eeq.
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 nf 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):
North A U Conservation Commission Findings & Special C di i
4
Massachusetts Department of Environmental Protection pm«m»u by MassDEP:
LBureau Of Resource Protection - Wetlands /
'J)'� ����� � � ���� � �� �~�~
�mn �� o ����� ~x -- ��n ����� ��u ����K�~�K����U���
Massachusetts Wetlands Protection Act W1.G.Lo. 131, G4O eDEP Tran,Ation
E. Signatures
This Order is valid for three years, unless otherwise specified oeospecial
c*ndiUonpumuanthzGmnmra|CondiHonm#4.homthedah+of|nmuonoe. 1 Date ofIssuance
Please indicate the number of members who will sign this form.
This Order must he signed bya majority of the Conservation Commission. 2. Numb*r«[Sigo*m
The Order Must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also Must ba mailed or hand delivered at the same time k/the appropriate Department nf
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Printed Name
Printed Name
Signature Printed Name
Si Printed Name
Signature Printed Name
ignature Printed Name
ignature Printed Name
�� by ^�� ���� m�i| return receipt
^ �= .
requested, on
tj
Date Date
"n"mrmx*oc'rev w100020 Page 11mm
4
Massachusetts Department nf Environmental Protection Provided by MassDEP:
24218�1
[�UAeQUOfF�BGOU[Ce Protection - \8/eflaOd8 -
����� � � ��m� � Conditions
LI�14 m�o ^� Form � — `�u��� ��o �����U�Uons
Massachusetts Wetlands Protection Act M.G.L. o. 131. 840 oosp Transaction#
North Andover
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Orde[, or any ten residents of the city or town in which such land is |ooabod'
are hereby notified nf their right bo request the appropriate MosaDEP Regional Office ba issue o
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and e completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will he required to demonstrate prior participation in the review nfthis project. Previous
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 Superseding
Order.
The request shall state clearly and concisely the objections to the Order which imbeing
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(KA.G.Lc. 131' 840). and in inconsistent with the
wetlands regulations (310 CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has nn appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided uYMmouDEP:
Bureau of Resource Protection - Wetlands 242'1851
����� � � Order � Conditions
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Massachusetts Wetlands Protection Act K8.G.L. c. 131. G40 *ospT�noo�ion*
NoribAndover
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case ofrecorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case 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 h> the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
-------'-----'-'------------'----------'-- --''—'-' — —'' — ' — ' ---' — — --'-''
/o:
North Andover
Conservation Commission
Please ba advised that the Order nf Conditions for the Project at
26Lon P t R d 242-1851
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
for: Div Bh t
Property Owner
and has been noted in the chain of title of the affected property in:
16564 113
Book Page
!n accordance with the Order of Conditions issued on:
Novernber2 2022
Date
|f recorded land, the instrument number identifying this transaction is:
nstrument Number
|f registered land, the document number identifying this transaction is:
~n"w,"a.*m',n.anmzmo Page 1ow1v
26 Long Pasture Road #242-1851
Findings of Fact
Current Project
ject Site Conditions: The 2.01-acre project site currently consists of an existing
single-family house constructed in 2001 associated septic system, driveway, deck, lawn,
fencing, landscaping and utilities.
The project site has been subject to previous wetland permitting with the North Andover
Conservation Commission (NACC), which includes the following:
0 OOC (DEP# 242-0441)- Governed construction of the subdivision. At that time, the
vernal pool was not identified, A Partial CofC was issued in 2002,
0 2018- Violation (by previous homeowner) for installation of a generator within the No-
Build Zone to the potential vernal pool, as well as removal of native vegetated buffer
around the pool. This violation was handled administratively, and buffer zone
enhancement planting was installed. Plants look to be in good condition as of this
NOI filing.
The NACC agrees with the delineation of the following wetland resource areas as inspected
on site by the Conservation Field Inspector and are reflected
on the approved plan. The applicant has not attempted to overcome the presumption
of significance of these resource areas to the identified interests in the Act and
Bylaw.
a. Isolated Vegetated Wetland (IVW) containing a potential Vernal Pool -
Wetland Flags A1.00-A112
b. 100-Foot Buffer Zone to IVW containing the 50-Foot No Disturb Zone and 75-
Foot No Build Zone
c. Bordering Vegetated Wetland (BVW) - Wetland Flags 13100-131061]
d. 100-Foot Buffer Zone to BVW containing the 25' No Disturb Zone and 50-Foot
No Build Zone
e, The property lies within NHESP Priority habitat. As of the October 26, 2022
hearing, NHESP did not provide a response letter, however per 310 CMR-
10.59, if the Commission fails to receive a response from NHESP within 30 days
of filing, an Order of Conditions shall be issued based on information available.
f. The property does not lie within the 100-year floodplain or 200-Foot Riverfront
Area
Therefore, 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/approved plans
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
26 Long1lasture Road #242-1851 NACC Findings&Special conditions
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26 Long Pasture Road #242-1851
GENERAL CONDITIONS
21. The proposed work includes: construction of an in-ground pool, associated grading,
retaining wall, pervious paver patio, fencing and pool equipment. Work is within the
100-foot buffer zone to lVW that contains a potential vernal pool but outside the 75-
Foot No Build Zone to the potential vernal pool and within existing turf lawn.
Construction access points are proposed on the northern side of the house so as to
avoid impact to the 50-Foot No Disturb Zone to the vernal pool. Stockpiling and
dewatering will be at the front of the house outside the 100-Foot Buffer zone, No
waivers are required for this project.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent and associated attachments filed by: Divya Bhatnagar
26 Long Pasture Road
North Andover, MA 01845
Engineer: Hancock Associates
185 Centre Street
Danvers, MA 01923
Approved Site Plans & Documents:
• "'Existing Conditions Plan of Land" prepared by Hancock Associates,
signed and stamped by Gregory Gould, PLS, scale 1"=30', dated August
24, 2022;
• "Notice of Intent Site Plan., Sheet 1 of 2" prepared by Hancock
Associates, signed and stamped by Brian G. Geaudreau, PE, scales as
shown, dated October 14, 2022;
• "Detail Sheet, Sheet 2 of 2" prepared by Hancock Associates, signed and
by Brian G. Geaudreau, PE, scales as shown, dated October 1.4, 2022;
® Letter, signed by Russell Tedford,PE Re: 26 Long Pasture Road -
Response to Site Walk Comments, dated October 14, 2022;
• Stormwater Report and Operation& Maintenance Plan, prepared by
Hancock Associates, stamped and signed by Brian G. Geaudreau, dated
October 14, 2022.
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
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26 Long Pasture Road #242-1851
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
27. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regi.dations).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department,
32, The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
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26 Long Pasture Road #242-1851
prevent any alteration of wet-land resource areas a twenty five foot (25 ) No
Disturbance Zone and a fifty foot (50') No Build Zone shall be established from the
edge of the adjacent Bordering Vegetated Wetland resource area and a fifty foot(50')-
Foot No Disturb Zone and seventy five (75')-Foot No Build Zone shall be established
from the edge of the adjacent Isolated Vegetated Wetland containing a Potential
Vernal Pool. 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 &Appeiidix F of Me local Regulatiolls).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. The owners of the project and their Successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed any drainage
system and that said Town shall not be I iable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded, in its entirety, 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
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26 Long Pasture Road #242-1851
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A check payable to the Town of North Andover shall be provided in the amount of
three thousand dollars $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 commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and `Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACCs review and approval. This condition
is issued under the authority of the local Bylaw.
39, The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person has to be contacted, due to an emergency at the site, during
any 24-hour period, including weekends. This person shall be given the authority to
stop construction for the purposes of correcting problems with erosion control. The
Environmental Professional will immediately notify the Conservation agent of any
matter that requires attention by the Commission or the agent. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
Silt.
40. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
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
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26 Loug Pasture Road #242-1851
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.
41. The proposed pool shall employ a cartridge style filter system (not a backwash
system). Specifications for the cartridge system shall be provided to the Conservation
Department prior to sign off of the building perinit.
42. The use of polymeric sand for the patio is strictly prohibited. A bill of lading for
pervious sand material shall be provided.
43. The Conservation Agent shall confirm the location of the proposed propane tanks to
ensure that they are not installed any closer to the wetland due to zoning setbacks.
44. A sign, visible from the street, shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words "Mass. DEP #242-1851."
45. Wetland flagging on site shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete,
46. Erosion controls shall be installed by field survey, to ensure that the 75-foot No-Build
Zone is being respected.
47. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent)
backed by entrenched, staked silt fencing shall be properly installed between all
construction areas and wetlands as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC or its agent prior to the start
of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All additional erosion prevention and
sedimentation protection measures found necessary during construction.shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission's request.
48. The applicant/contractor shall have on hand at pre-construction meeting, removal or
stockpiling, additional 50 feet of mulch sock and 1 roll of 100% biodegradable
erosion control blanketing (NO plastic netting allowed) and sufficient stakes for
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26 Long, Pasture Road #242-1851
staking, both covered from the elements, and shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
49. 'Fhe erosion controls shall serve as the limit of work. Workers should be informed that
no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time.
50. Excavation dewatering means and methods, as shown on the approved plans, shall be
reviewed with the site contractor and approved by the Conservation Department and
shall be maintained outside the 1.00-Foot Buffer Zone. All clewatering BMPs shall be
on site and installed at the time of the on-site pre-construction meeting with the
Conservation Department. All dewatering activities shall be supervised and
witnessed by the designated erosion control monitor. De-watering activities shall be
monitored daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other
emergency de-watering requirements arise, the applicant shall submit a contingency
plan to the Commission for approval, which provides for the pumped water to be
contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
51. Prior to any work commencing on site, the edge of vegetated areas adjacent to the
IVW and BVW shall be monumented with seven (7) weather resistant posts (i.e. 4x4
pressure treated posts or cedar posts) that shall receive wetland markers. These posts
and markers shall be installed at roughly 35-foot intervals facing upland. Said markers
shall incorporate the following text on their upland side: "Protected Wetland
Resource Area". This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. Said markers are available for purchase in the
Conservation Department at`Town Hall. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant. These markers shall remain posted and be replaced as
necessary in perpetuity.
52. Prior to any work commencing on-site and in time for the on-site pre-construction
meeting, the applicant shall submit to the NACC or its Administrator for review and
comment, a detailed work schedule/sequence of construction.
53. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be Submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
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26 Long Pasture Road #242-1851
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.
54. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required for
this project, and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note: The Building Permit shall have been applied for at the time of a pre-
construction meeting with the Conservation Department, and Conservation
Department sign off will not be granted until pre-construction conditions are satisfied.
55. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
56. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
57. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood, This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
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).
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26 Long Pasture Road 4242-1851
STOItMWATER MANAGEMENT CONDITIONS
58. 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.
59. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
Leaving the site.
60. The Operation & Maintenance Plan shall be adhered to post construction to ensure
that the pervious paver patio and the associated 4" perforated drain pipe are
functioning properly. Reporting of any needed maintenance shall be submitted to the
Conservation Department as such needs arise.
DURING CONSTRUCTION
MMMJ
61. Upon beginning work, the applicant shall submit written progress reports every
month detailing, what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
62. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire.,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November Ist of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
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64. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
65. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
66. All materials stockpiling area shall be outside the 100-Foot Buffer Zone at the front of
the house as shown on the approved plan. At no time shall be stockpiling of soil or
any other materials occur on the wetland side of the erosion controls.
67. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50 feet of the edge of IVW.
68. Cement trucks shall not be washed out in any wetland resource or buffer zone area.
Any deposit of cement or concrete products into a buffer zone or wetland resource
area shall be removed by hand.
69. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. 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 1.00 feet of a resource area.
AFTER CONSTRUCTION
mmmmi
71. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town Wetland protection Bylaw.
72. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
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26 Long Pastnre Road #242-1851.
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 'rown's Wetland Protection Bylaw and
shall remain in perpetuity.
73. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
74. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
75. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
76. 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 stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
77. Any/all pool water draw down shall be directed outside the 100-Foot Buffer Zone
over lawn area, and not discharged directly into the bordering vegetated wetland.
78. '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.
79. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property,
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
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26 Loiig Pasture Road #242-1851
i, Check, payable to the Town of North Andover, for Certificate of Compliance filing
fee (inquire with Conservation Department for current fee rate).
j. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work"' includes anv disturbance of soils or vegetation.
80. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No Disturbance Zone and a 50' No Build Zone & 50' No Disturbance
Zone and 75' No Build Zone. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC of the
Regulations for performance standards within these zones. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition #32);
No polymeric sand shall be used on the pool patio (Condition #42);
Resource Area Markers (Condition #51);
Operation& Maintenance of pervious patio and associated drainage pipe
(Condition #60);
Discharge or spillage of pollutants (Condition #70);
Prohibition of underground fuels (Condition #71)
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #72 & #73);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #74).
Prohibition of the use of coal tar based products for paving (Condition #76);
Pool water management(Condition #77).
26 Long Pasture Road 4242-1851 NACC I�iiiciiiigs&Sl)ecialConditions
Page 12 of 13
26 Long Pasture Road #242-1851
APPENDIX A- AFFIDAVIT
11------ on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I 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 numbet)
the North Andover Conservation Commission.
&/or
2. 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. lhereby affirm and acknowledge that have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this—day of 19
1 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 19
— ----------(Signature-authorized agent of applicant or owner)
26 Loiig Pasture Road V42-1851 NACC Fitidhigs&Special Coaditiom
Page 13 of 13
26 Long Pasture Road,North Andover, MA
1"IYANCOCK 10/14/2022
A'9-960ATES
3, A minimum of 4 inches of topsoil shall be placed and its surface smoothed to the specified grades.
4. Hydro seeding is encouraged for steep slopes. Application rates on slopes greater than 3:1
shall have a rniniML1111 seedinp, rate of 5-lbs/1000 SF. A latex or fiber tackifier shall be used
on these slopes at a minimum rate of 50 lbs. of tackifier per 500 gallons of water used.
Standai-d 9: Opet-ations and Maintenance Plan
The information provided herein is intended to provide the base information for operation and
maintenance of the site in perpetuity subject to updates and revisions as required at a future date. As such
all future property owners must be notified in writing of this plan and be provided with a copy of this
plan, a complete set of the design drawings and/or a completed as-built plan showing all the drainage
features as they were constructed, which are considered part of this document. Please see the attached
Operations and Maintenance Log(Appendix VII).
Storrnwater management system owner: Divya 13hatnagar
The party responsible for operation and maintenance: Divya 13hatnagar
Preliminary Stormwater Operation and Maintenance Budget
Quarterly Inspection and Maintenance x $250 per visit=$500 annually
Illicit Discharge - Practices to Minimize Storm Water Contamination
All waste materials will be collected and stored in a securely lidded metal dumpster.
All trash and debris from the site will be deposited in the dUmpster. The dUnIpSterwill be
emptied on a regular schedule prior to being over full.
All personnel will be instructed regarding the correct procedure for waste disposal.
o Good housekeeping and spill control practices will be followed to minimize storm water
contamination from petroleum products,paints,and cleaning products.
0 All site vehicles will be monitored for leaks and receive regular preventive maintenance to
reduce the chance of leakage.
Spill kits will be provided with any activity that could provide contamination.
• All paint containers and curing compounds will be tightly sealed and stored when not required
for use. Excess paint will not be discharged to the storm sewers, but will be properly disposed
according to the in anu fact urer's instructions.
All spills will be cleaned up immediately upon discovery. Spills large enough to reach the
storm sewers will be reported to the Massachusetts Department of Environmental Protection
Northeast Regional Office at 1-888-304-1133.
Pervious Pavers
The pervious pavers shall be inspected after every major storm for the first few months to ensure it is
stabilized and functioning properly. If necessary,corrective action shall be taken until the system
functions properly. Inspectors should note how long water remains standing in the grated inspection port
after a storm;standing water within the basin 48 to 72 hours after a storm indicates that the infiltration
capacity may have been overestimated. If the ponding is observed due to clogging, immediately address
the reasons for the clogging. Thereafter, inspect the pervious pavers at least twice per year,
Vegetated Areas Maintenance
Although not a Structural component of the drainage system,the maintenance of vegetated areas may
affect the functioning of stormwater management practices. This includes the health/density of vegetative
Project#25292 Page 5
26 Long Pasture Road,North Andover, MA
HANCO.._...._ C 10/14/2022
AS�C)CIAT��
cover and activities such as the application and disposal of lawn and garden care products,disposal of
leaves and yard trimmings.
Inilial Past-Colastruetion Inspection
During the initial period of vegetation establishment pruning and weeding are required twice in first year
by contractor or owner.Any dead vegetation/plantings found after the first year will be replaced. Proper
mulching is mandatory and regular watering may be required initially to ensure proper establishment of
new vegetation.
Long-Term 11ainlenanee
The planted areas shall be inspected on a semi-annual basis and any litter removed. Weeds and invasive
plant species shall be removed by hand. Maintain planted areas adjacent to pavement to prevent soil
washout. Immediately clean any soil deposits on pavement. Leaf litter and other detritus shall be
removed twice per year. If needed to maintain aesthetic appearance,perennial plantings may be trimmed
at the end of the growing season.
"frees and shrubs shall be inspected twice per year to evaluate health and attended to as necessary. Seeded
ground cover or grass areas shall not receive mulching. Re-seed bare areas; install appropriate erosion
control measures when native soil is exposed or erosion channels are forming, Plant alternative mixtures
of grass species in the event of unsuccessful establishment. The grass vegetation should not be cut.to a
height less than four inches.
Standard 10: Prohibition of Illicit Discharges
No illicit discharges currently exist and no future illicit discharges will be allowed including wastewater
discharges and discharges of stormwater contaminated by contact with process wastes,raw materials,
toxic POI lutants, hazardous substances,soil, or grease,
Project 1125292 Page 6
2E Long,Pasture Load, Project Address
HANCOCK. ___ 10/13/2022
_......ASSOCIATES
26 Long Pasture Road.
Operations and Maintenance Log
Inspections for Year:
,� ._—
-----------
1 y f % I i � mi'm ,�i�l�/
Pervious Pavers— Inspect
Inspect twice per year.
Clean as required Inspect
Vegetated Areas Inspect
Maintenance—Inspect
trice per year. Inspect
Maintain as required.
Pr( jcct 425292