HomeMy WebLinkAbout242-1090, 1812 Turnpike Street OOC - Permits #242-1090 - 1812 TURNPIKE STREET 10/24/2001 Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1090
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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A. General Information
Important: From:
When filling
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Jean Proulx
Name Name
n 1812 Turnpike St.
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code Cityrrown State Zip Code
1. Project Location:
1812 Turnpike St. North Andover
Street Address City/Town
160D 46
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 2648 269
County Book Page
Certificate(if registered land)
3. Dates:
8/3/01 10/24/0I 10/24�0/
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
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4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Office Retail Development 7/30/01
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Benjamin Smith
Name
6. Total Fee:
(from Appendix B:Wetland Fee Transmittal Form)
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Ll WPA Form 5 - Order of Conditions 242-1090
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
pursuant
Findings ur g p s t 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. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
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® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders 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 to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward 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 of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. 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.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. 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, bylaws, or regulations.
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Massachusetts Department of Environmental Protection
p DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1090
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, 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 as a special condition in this Order.
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.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the 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 this Conservation Commission on the form at the end of this Order,
which form 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 then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1090 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
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Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
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13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
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Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1090
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. 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.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. 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 a wetland or
water body. During construction,the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
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Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Chapter 178 of the Code of North Andover
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
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Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1090
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relatingmunicipal ordinance
to p or bylaw:
See attached Conditions
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
9/5/04
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same ' o'the appropriate Department of Environmental Protection Regional
Office (see Appendix nd the property owner(if different from applicant).
Signatures:
On
9-V Of
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Day Mon an Year
before me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free a
�71ANE MAGEE
Notary Public
_r% li3n Commonwealth of Massachusetts
Notary Public My Con nissiWM
ruary 14,2008
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested, on
Date Date
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Massachusetts i f E t t De armen of Protection
p DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 24 Provided videdb
by DEP
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of 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.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
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North Andover
Conservation Commission
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Ll WPQ Form 5 - Order of Conditions 242-1090 f
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-----------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land the document number identifying this transaction i :
9 fY 9 s
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Document Number
Signature of Applicant
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LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling 1. Person or party making request(if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
Project Location
Mailing Address
retrm
City/Town State Zip Code
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2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
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Name
Mailing Address
Cityrrown State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
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B. Instructions.
1. When the Departmental action request is for(check one):
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❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
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Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
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4. 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.
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DEP FILE # 242 - 1090
Therefore, the North Andover Conservation'Commission (hereafter the "NACC")
hereby finds that the following conditions are necessary, in accordance with the
-Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
[GENERAL CONDITIONS
18.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.
19.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 CIVIR 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.
20.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.
21.The work authorized hereunder shall be completed within three years from
the date of this order.
22.This Order may be extended by the issuing authority for one or more 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 V111
(B)(p.33) of the North Andover Wetland Regulations).
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DEP FILE # 242 - 1090
23.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.
24.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.
25.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.
26.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
pp g
Conditions. The NACC shall be notified in writing y 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.
27.The proposed work includes: Construction of a 10,000 s.f. office building,
associated parking lot, grading, stormwater management structures,
landscaping and utilities within the Buffer Zone to a BVW bordering an
intermittent stream.
28.The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Jean Proulx, applicant
Dated August 3, 2001
Site Plans prepared by: Allen and Major Associates, Inc.
Entitled "Office/Retail Development
1812 Turnpike Street
sheets ABB,C-1,C-2,C-3,C-4,C-5,D-1,D-2,
EWP,PWP
Signed and stamped by Benjamin Smith,
P.E., and Kevin Kiernan, RPLS
Dated August 3, 2001 (reissued for NOI)
Operation & Maintenance
Plan prepared by: Allen and Major Associates, Inc. and
Included in Notice of Intent (NOI).
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DEP FILE # 242 - 1090
29.The following wetland resource areas and their associated 1 00-foot buffer
zone (where applicable) are affected by the proposed work: Bordering
Vegetated Wetland (BVW) bordering an intermittent stream. These
resource areas are significant to the interests of the Act and Town ByLaw as
noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
30.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot(25') No-Disturbance Zone and a fifty foot(50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. Please refer to the record site plans referenced herein for exact
locations. 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.
32.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.
33.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and
its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any
way imply or certify that the site or downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
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DEP FILE # 242 - 1090
34.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.
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DEP FILE # 242 - 1090
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PRIOR TO CONSTRUCTION CONDITIONS
35.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.
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36.This Order shall be recorded by the applicant at the Registry of Deeds j
immediately after the expiration.of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the
name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the
Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be j
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. j
37.A sign shall be displayed at the site not less than two square feet or more
than three square feet in size bearing the words "Massachusetts
Department of Environmental Protection, File Number 242-1090, j
Expiration Date
38.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant, the NACC will call for another public hearing (at the expense
of the applicant). Within 21 days of the close of said public hearing the NACC
will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as
changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the project plans or
wetland impacts. If any such changes occur a revised plan and an
explanation of the revisions shall be submitted to the NACC for review and
approval prior to the start of construction. No work shall begin on a project
until written approval has been granted by the NACC.
39.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
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DEP FILE # 242 - 1090 f
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
40.Prior o n w -t any work commencing on site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed f
before other work begins on-site.
41.Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible
and enumerated per the approved plan(s) throughout the life of the
project and until a Certificate of Compliance is issued so that erosion
control measures can be properly placed and wetland impacts can be
monitored. The proposed limit of work shall be clearly marked with
stakes or flags and shall be confirmed b h g y the NACC. Such markers shall
be checked and replaced as necessary and shall be maintained until all f
construction is complete. Workers should be informed that no use of
machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time. All flags used for
the above purposes shall be of a color different from other flagging used on
the site.
42.A row of double staked hay bales backed by trenched siltation fence
shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the
NACC prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC. 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
may be required in areas
example, installation of erosion control measures
P Y re q
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.
43.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of fifty (50) extra hay bales and sufficient stakes
for staking these bales (or an equivalent amount of silt fence). Said bales
shall be used only for the control of emergency erosion problems and shall
not be used for the normal control of erosion.
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DEP FILE # 242 - 1090
44.A check payable to the Town of North Andover shall be provided in the
amount of$16,000 which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work.
Said deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the
project, provided that provisions, satisfactory to the NACC, have been made
for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local ByLaw.
45.The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. 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. 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 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. All wetland resource areas must be visually
inspected for siltation, turbidity, and/or other water quality impacts. In
addition, the 25' No-Disturbance Zone and 50' No-Construction Zone
setbacks must be verified weekly on each lot within the jurisdiction of the
NACC (except where otherwise waived) and so stated in the weekly
inspection reports until Certificates of Compliance are issued by the NACC.
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DEP FILE #242 - 1090
46.Prior to construction, the applicant shall permanently mark the edge of
wetland resource areas with signs or markers spaced evenly every 50
feet incorporating the following text: "Protected Wetland Resource
Area". This will designate their sensitivity and assure no further inadvertent j
encroachment into the wetland. These permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents
to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant.
47.The applicant shall stake out the foundation corners prior to construction
and verify that the building setbacks depicted on the plan of record are
adhered to.
48.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 "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 (6) business days
prior to the closing of said land transaction.
49.Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative, the contractor, the engineer, wetland scientist 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 re-construction meeting e. . 72 hours
p g ( .9 )
CAWinword\00C\242-1090.doc 8 NACC 10/31/01
DEP FILE # 242 - 1090
STORMWATER 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.All stormwater best management practices shall be maintained as
specified in the Operation and Maintenance Plan submitted with the
Notice of Intent and incorporated in the Order of Conditions. Evidence
of maintenance of the stormwater management system shall be
provided to the NACC on an annual basis by a Registered Professional
Civil Engineer from the date said structures go "on-line" until a
Certificate of Compliance is issued.
60.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.
61.The applicants, owners, and their successors and assignees, shall maintain
all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
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DEP FILE # 242 - 1090
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DURING CONSTRUCTION
62.Immediately upon completion of the building foundation, and prior to
further construction activities associated with the site, the applicant
shall complete a plan prepared by a Registered Professional Land
Surveyor (R.P.L.S.) which accurately depicts the foundation location
and it's proximity to wetland resource areas as approved under this
Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
63.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.
64.All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for Compliance.
65.The sewer lines on the site shall be tested for watertightness in accordance
with North Andover DPW standards.
66.Approved de-watering activities shall be supervised and witnessed b
PP 9 P Y
the designated erosion control monitor. De-watering activities shall be
conducted as shown on the approved plans and shall be monitored daily b
pp p Y Y
the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge
ge toward the wetland resource areas.
No discharge of water is allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland ByLaw. If emergency de-watering requirements arise, the applicant
shall submit a contingency plan to the Commission for approval which
provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
67.Any fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
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DEP FILE # 242 - 1090
68.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
69.No re-grading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
70.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area unless otherwise approved by this Order of
Conditions and the record drawings referenced herein.
71.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be loamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines.
All disturbed areas located within wetland resource areas which are to be
only temporarily disturbed during construction, shall be restored to their
original grade, soil profile and vegetative cover. Soil used for this purpose will
either be wetlands topsoil or a minimum of 4" of quality loam.
72.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
73.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject to protection under the Act or
local ByLaw.
74.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
75.During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill or
discharge of any pollutant during any phase of construction the NACC shall
be notified by the applicant within one (1) business day. No construction
vehicles are to be stored within 100 feet of wetland resource areas, and no
vehicle refueling, equipment lubrication, or maintenance is to be done within
100 feet of a resource area.
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DEP FILE # 242 - 1090
AFTER CONSTRUCTION
76. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland protection
Bylaw.
77.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a
wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in j
perpetuity.
78.No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. Permanent signs designating
"No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in
prominent locations and are subject to review and approval by the
Conservation Commission and/or their designated Agent.
79.Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
80.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 property owner shall be submitted with the
9 p p Y
request for a Certificate of Compliance indicating that the read and
q p 9 Y
understood the recorded Order of Conditions prior to acquiring the
p q 9
subject 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.
CAWinword\00C\242-1090.doc 12 NACC 10/31/01
DEP FILE #242 - 1090
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer
and Registered Professional Land Surveyor of the
Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a
Registered Professional Civil Engineer and Registered
Professional Land Surveyor of the Commonwealth, for the public
record. This plan will include:
• 'As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If portions of the
stormwater systems exist partially within the Buffer Zone then
the entire structure must be depicted to accurately verify
compliance.
• "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
• Distances from structures to wetland resource areas.
Structures include (but are not limited to) septic systems,
additions, fences, sheds, stone walls, pools, retaining walls,
subsurface utilities and decks.
• A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes any disturbance of
soils or vegetation.
• Location of all subsurface utilities entering the property.
81. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
• 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP # 242-
1090. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. 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;
CAWinword\00C\242-1090.doc 13 NACC 10/3 1/01
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IDEP FILE # 242 - 1090
i
• Maintenance of the stormwater management
g system (Condition
#61);
Discharge or spillage of pollutants (Condition #75);
• Prohibition of underground fuels (Condition #76);
Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Condition #77 & 78);
• The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
I
i
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DEP FILE #242 - 1090
II
APPENDIX A -AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
DEP File#
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
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