HomeMy WebLinkAbout242-1856, 9 Hawkins Lane OOC - Permits #242-1856 - 0 HAWKINS LANE 2/15/2023 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
`-. Bureau of Resource Protection -Wetlands --- 1856
rJ
PA Farm 5 - Order of Conditions MassDEP File#
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. From:been modified Conservation Commission
with added 2, This issuance is for
space to (check one): a.® Order of Conditions b.El Amended Order of Conditions
accommodate
the Registry
of Deeds 3, To: Applicant:
Requirements
Tom_ Scott
a.First Name b.Last Name
Important: MDS Realty Trust
When filling _.....__..._._._ y
out forms on c.Organization
the 15 River Street Unit 201
computer, -d.Mailing Address
use only the
tab key to Boston MA 02108
move your e.City/Tgwn f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
rob a. First Name b. Last Name
------ ... ....... ........ ........ _.
c.Organizahon
relcen
d.Mailing Address .._.. ..._. _ _ _......
e.City/Town f.State g.Zip Code
5. Project Location:
9 Hawkins Lane North Andover
_.... _....... ........_ ..._..... ._......... ... _.......- . .........
..._ ........_.
a,Street Address b.City(rown
Map 106C Lot 18
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d39m5s 71d4m18s
d.Latitude e. Longitude ___...._
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Massachusetts Department of Environmental Protection Provided byMaaaosp:
�42-185�
Bureau Of Resource Protection - Wetlands
�����J� �� �� ���^� � Conditions
������
��u w� Form � —~ =�n ��� �� "����«uDuUons
Massachusetts Wetlands Protection Act K8.G.Lc. 131. §4O oDEP Transaction#
North Andover
A. General Information /OODt.\
«. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registered land)
3033 OO
c. Book d. Page
7. uoDom: October 13 2022 January 25 2023 Februo 1� 2O23
a.Date Notice of Intent Filed Closed c. Date of Issuance
8, Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Erosion Control Site Plan
a.Plan Title
Merrimack ��i 8e �� Nad|mirNemohonVk
Jenum 17 2023 111=20'
d. Final Revision Date e.Scale
See Attached forCom |eha List ofApproved Documents
�adumono|r|a^or Document Title q� ouhe
B, Findings |
1. Findings pursuant ho the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice ofIntent and based on the information
provided in this application and presented atthe 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 Aot). Check all that apply:
e
o �� Prevention of
�� Public b �� Land �
� �� � �� Pollution
d � P����r5u�|y e �� Fisheries [ �� Protection of
� �� � �� Wildlife Habitat
U. N Groundwater Supply h. E Storm Damage Prevention i 0 Flood Control
z This Commission hereby finds the project, ospr0000ad. kz (oheokonaofthehdlowingboxea
Approved subject to:
e. the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall |
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent �
that the following conditions mnUih/nrdi��rfrnmth� p|gnn specifications, or' . ` /
proposals submitted with the Notice of Intent, these conditions shall control. �
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1856
._ _.._
WPC► Form 5 — Order of Conditions MassDEP File#f
Ll Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEP Transaction#
-- ...._
North Andover
... .......................
City/Town
B. Findings (cant.)
Dented because;
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. 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 the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ 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).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 26'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement 'Replacement
4. ❑ Bank . . ....... _.. .............
a. linear feet b. linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet ._
Cubic Feet Flood Storage _......_.__ _... _......_............ _...._ .__..._ ........ ..
c.cubic feet d.cubio feet a cubic feet f.cubic feet
g. ® Riverfront Area 5,362 5,362
a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100- 5,362 5,362
200 ft g.square feet h.square feet i.square feet j.square feet
wpaform5.doc•rev 5118/2020 Page 3 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1856
MassDEP File#
., WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eoEPTransactwn#
North Andover
CitylTown
B. Findings (cant.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1a ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c!y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet C.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a. linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b,square feet
17. ❑ Salt Marshes ......
a.square feet b.square feet c square feet d.square feet
18. ❑ Land Under Salt _
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.squareieet7 c.square feet d.square feet
2a ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean„ and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b square feet
Flowage
22. ❑ Riverfront Area -- --
a.total sq.feet b.total sq.feet
Sq ft within 100 ft _....._.... _.._ ........_. __. .. _.._.... _ .........__. ......_.
c,square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h square feet i.square feet j.square feet
wpaform5.doc-rev 5/1 812 0 20 Page 4 of 13
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Massachusetts Department mf Environmental Protection Provided uywaemoep: �
�
Bureau 0f Resource Protection - Wetlands 242-i858
����� � � Order � d� �~�~
�mn v� Form � — n���*��� ��u ~������DuUons
Massachusetts Wetlands Protection Act W1.G.Lo. 131, §40 mosr Transaction#
North Andover
uoo/mwn
B. Findings (cont.)
"#21hthe 23. 171 Restoration/Enhancementproject is for
the purpose of
restoring or
enhancing a a.square feet of BVVV b.Square feet of salt marsh
wetland
resource area 24. Fl StnaamCnons|ng(a):
in addition m
the square
------
footagemN a.xvmuv, v,newsvvamc/;"sv/es p. number m replacement stream crossings
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SnoWonB.x.o
Va««« or The following conditions '~/on��nmon|y �p9|io�b|ato Approved projects.
e17.o(GaK
Marsh)above, 1� Failure touonnp|yvvdhaUoond�cmeo�ded herein, and with aUrelated mta�haaand oU)er
please enter
regulatory measures, shaUbod�ernodoouseh) revoh� ormoUih/thi�0nder
the additional ` ^ .
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury toprivohapropodynrinvosionnfprivabari8hhs.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, ehaha' or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either cf the following apply:
a. The work is a nooinheoanoa dredging project as provided for in the Act; or
h. The time for completion has been extended to a specified date more than three years,
but less than five yeara, 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 aea special condition in this Order.
c. |f the work is for aTest 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 e(least 3O days prior ho the expiration
date of the Order, An Order of Conditions for a Test Project maybeexhandedfnrone
additional year only upon written application by the applicant, subject to the provisions of 310
CK4R10.O5/11X0.
6 If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and �
�
the Order will expire on unless extended in writing hv the Department.
7. Any fill used in connection with this project ohaDboc|oanfiU. AnyfiUaheUoontoinnotnaeh. �
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. �
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Massachusetts Da���[U�Ot of�Mvi��VrD��ta| P[���cti�� Provided hyMaa oep �
' 242185O |
[�UPe@U8fR��GOU[CeP[OfeC�OD - \�/et@DdG - !
������� Q� �� ���v� � Conditions
'~~~~~^' ' ^~~
�nm �� Form ~� �� ��" v�K�� ��u ����K�v�U�Kons
Massachusetts Wetlands Protection Act K4.B.LC� 131. §40 eDEP Transaction#
North Andoverftyffown
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an oppao1 has been tskon, until all proceedings before the Department have been
completed.
9. 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 the
Conservation Commission un the form at the end Vf this Order,which form must be
stamped bv the Registry of Deeds, prior hu the commencement ufwork.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet |n size bearing the words,
"K0oomoohuaettaDepadnoantofEnvironmenha| Probeuinn^ [or. "K8oanDEP]
"File Number 242-1856 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before W1aasOEP.
12. Upon completion cf the work described herein, the applicant shall submit a Request for
Certificate Vf Compliance (VVPA Form 8A) ho the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change hz the plans identified in Condition #13above shall require the applicant ho
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of new Notice ofIntent.
15. The Agent mr members of the Conservation Commission and the Department of
Environmental Protection shall have the right bJ enter and inspect the area subject tothis
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order nfConditions shall apply tn 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1856
MassDEP File#�
WPA Form 5 ® Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. 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.
19. The work associated with this Order(the"Project')
(1) ❑ is subject to the Massachusetts Stormwater Standards
(2) ® is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
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 Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is 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 BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, 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 operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
X. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpaformS.doc•rev 5/18/2020 Page 7 of 13
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Massachusetts Department of Environmental Protection Provided hyMaomDEp: �
2421G50 �
��U[eaUOf [�8s0U[Ce Protection - �A�[@Dd8 '
�����J� %� �� Order � Conditions
----- File �
��: ^� Form � — n����� ��u `�����uUuUons
W1GssGShUSettS \8/et|GDdG Protection /\Ct K8.(3.L. C. 131. @40 eDEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
k( all post-construction stormwaterBMPsare installed in accordance with the plans
(including all planting p|mna) approved by the issuing euMhnh|y' and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
x any vegetation associated with post-construction l3KAPs io suitably established tn
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("{)&PN Statement)for the
Sbormwah*r BK8Pe identifying the party responsible for implementing the stnrmwmter ByNP
Operation and,KHointgnance Plan (^()&M Plan") and certifying the following:
i\ the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormvvab*r Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Ghormwxater Report and, if applicable, the Sbzrnnvvabar Pollution Prevention Plan required by
the No1inno| Pollution Discharge Elimination Gysbann Multi-Sector General Permit.
eA Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining.each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement nfrecord, acceptable to the issuing authuritv, 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 of Conditions 18/D through 18(k)with respect to that ByNP. Any failure ofthe
proposed responsible party to implement the requirements nfConditions 18(D through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. |n the case of shormvvaterBK0Pn that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BN1Ps. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
O The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements ufthe Massachusetts
ShormvvaterHendbVnk.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1856
MassDEP File#
WPA► Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
ILI North Andover
CitylTown
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 location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP 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 BMPs 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.
k) 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.
1) 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 subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc•rev 6118/2020 Page 9 of 13
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Massachusetts Department of Environmental Protection Provided by»assDEP:
242 185O
��UPBaUOfl�8SOU[C8 Protection - �/8[l@DdS -
����� � � ���� � ^� ��~�~
nmn x� Form � `� v�n �u��� ��x `��D��uU�0ons
Massachusetts Wetlands Protection Act K8.G.Ln. 131. §40 uDEP Transaction#
North Andover
-----------------
D, Findings Under Municipal Wetlands Bylaw or Ordinance
1. |aa municipal wetlands bylaw orordinance applicable? 0 Yes Fl No
2. The NodhAndover hereby finds (check one that opp|iem):
u n 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 goforward unless and until e revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions isissued.
h. M that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North A d Wetlands Protection Bylaw & Regulations Chap. 100
1.Munin|pa|ordioanoo or Bylaw et. seq.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text douumenU:
North Andover Conservation Commission Findings & Sp��ditions (see attached)
°paform5.doc'rev sx8/202m Page mm13
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Massachusetts Department nf Environmental Protection Provided uVMuoosp �
242-lO58 �
Bureau Of Resource Protection - Wetlands
������� �� �� ���^� � Conditions
-_--_ . _..
�mu �� Form ~, -- ��n ^u��� ��u �*����x�U�U������
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131` G40
0odhAndnva
E. Signatures
This Order ia valid for three years, unless otherwise specified aoaspecial
condition pursuant hm General Conditions#4.from the date ofissuance. 1. Date of Issuance
Please indicate the number o[members who will sign this form.
This Order must ba signed hyo majority of the Conservation Commission. 2.Number m[Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the sarne time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant. |
�
Signature" o
e Printed Name
�
Signature Printed Name
Signature Prin
ignatur Printed Name
Printed Name
�����- �-
Signature �
|
�l by hand delivery on by certified nxa[ return receipt �
Xrequested, on
Date Date �
vnmorm5,uoc'rev onmo02o Page 11mm
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Massachusetts Department mf Environmental Protection Provided by Mmnosp, �
Bureau of Resource Protection - Wetl@Dds 242-185O |
����� � � Order � �� �~�.
��m m� Form � �� ~����� ��n `�����U�Uons
Massachusetts Wetlands Protection Act M.G.L. t. 131. §40 eDEP 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 Order, or any ten residents of the city or town in vvNnh such land is |000bad,
are hereby notified of their right tnrequest the appropriate W1assDEP Regional Office to issue m
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance nf this Order. A copy of the request shall ot the same time be sent hy
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required ho demonstrate prior participation in the review of this project. Pmaviows
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which iebeing
appealed and how the Order does not contribute to the protection of the interests identified in
theN1ensachueetteVVeUandeProbacUonAot(N1.G.L. c. 131. G40). andieinnonsie(entvviththe
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 nn appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided bYMasmDEp:
Bureau of Resource pnJfeCti0D ' VVe[lGDds 242-1858
����� � � Order � Conditions
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Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 eDEP Transaction#
North Andover
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case nfrecorded 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 ha 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
Con]�ni�ni��._ __ _ __ _ _ _ __ _ __ _ _
/o:
North Andover
Conservation Commission
Please ha advised that the Order of Conditions for the Project et
8 Hawkins Lane 242-1856
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
To Scott, K�D5R | Trust
Property Owner
for. ''' - --'
and has been noted in the chain of title uf the affected property in:
3933 60
|n accordance with the Order uf Conditions issued on:
O2-15-23
If recorded land, the instrument number identifying this transaction is:
Instrument Number
|f registered land, the document number identifying this transaction is:
gnature of Applicant
wpau"m5,moc'rev aomz02u Page 1om10
9 Hawkins Lane- DEP FILE #242 - 1856
The North Andover Conservation Commission (hereinafter the -"NACC") sets forth the
following findings of fact:
Current Project
ject Site Conditions: The project site consists of a 3.7-acre parcel of land located at
the intersection of Cotuit and Leyden Streets (Assessors Map 106C Lot 18) in North Andover,
Massachusetts and is known as 9 Hawkins Lane. The site presently is undeveloped and can
be characterized as wooded land with sloping topography and statutory wetland areas.
Jurisdictional Wetland Resources:
The NACC agrees with the delineation of the following wetland resource areas as observed
and adjusted in the field by Conservation Administrator and Commission member, and
reflected on the final approved plan. These resource areas are significant to the interests of
the Act and Town Bylaw. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests of the Act and the Bylaw.
• Bordering Vegetated Wetland (BVW) - Wetland Flags 1A -43A
• Mean Annual High Water WF 1B - 29B and 200-Foot Riverfront Area associated
with perennial stream Boston Brook
• 100-Year Floodplain (Bordering Land Subject to Flooding), Elevation 106.2 (NGVD)
• 100-Foot Buffer Zone
The site contains NHESP actual habitat of the state-listed threatened Blanding's Turtle.
Project Site Permit History
:
* 242-487 - OOC - governed the construction of a new single-family house - never acted
upon, lapsed and no longer valid, and never recorded at the Registry.
* 242-1,028 - OOC - governed the construction of a new single-family house - never
acted upon, lapsed and no longer valid. CofC issued November 2022.
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.
F-GENERAL CONDITIONS
20. The proposed work includes: the parcel is slated for a new single-family house,
septic system, roof infiltrators, driveway (partly shared with #39 Hawkins Lane) and
stone infiltration trench, utilities, associated grading and landscaping. Work is within
9 Ilawkins Lane DEP File#242-1856 NACC Findings&Special conditions
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9 Hawkins Lane-DEP FILE # 242 - 18.56
100' BZ to BVW, 200' Riverfront associated with Boston Brook and NHESP actual
habitat for Blanding's Turtle.
A waiver request was submitted detailing alternatives for the construction of the
driveway within the 50-Foot No Build Zone. After due consideration, the NACC finds
that the applicant has demonstrated there were no feasible alternatives to what has
been proposed that resulted in less impact to the jurisdictional wetland resources. The
NACC voted to grant the waiver request based on the alternative analysis showing
there was no other alternative to alter Buffer Zone land in order to gain access to the
back lot.
A Riverfront Alternatives Analysis was submitted detailing compliance of the project
proposal with 310 CMR 10.58(4)2.(d)l., the 200' Riverfront. This Lot, as well as four
others in this area,were created by way of Definitive Subdivision permitted in 1987.
The subject site contains a total of 145,073 square feet of Riverfront. Calculations show
that the proposed disturbance, between 100 and 200 (i.e. the outer Riverfront Area),
equals 5,362 square feet, or 3.7% of the outer Riverfront, thus below the allowable 10%
for lots created before October 6, 1997. No disturbance is proposed within the 1,"t 100
feet of the Riverfront.
NHESP required a turtle protection plan and approved the below listed TPP. It
specifies the use of entrenched silt fence to envelop the entire limit of work only
during the active season April 15 thru October 15th, and means and methods for its
installation. It specifies that only highly qualified wildlife biologist vetted by NHESP,
with valid Collection permits should sweep area for turtles, monitor the barrier etc..
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent: dated October 13, 2022, with associated attachments, filed by:
o Applicant & Owner: Tom Scott, Trustee
MDS Realty Trust
15 River Street, Unit 201
Boston, MA 02108
o Representative - Project Engineer: William Dufresne
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
0 Record Site Plans: - Prepared by Merrimack Engineering Services:
• Plan of Land, scale 1"=40', signed & stamped by Stephen S'tapinski;
• Erosion Control Site Plan Sheet 1 of 2, scale l-"=20, signed & stamped by
Valdimir Nemchenock;
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9 Hawkins Lane- DEP FILE 9 242 - 1856
o Erosion Control Site Plan Sheet 2 of 2 showing Details, scale 1"=20, signed &
stamped by Valdimir Nemchenock;
0 Other Record Documents:
• NHESP Comment Letter, dated November 10, 2022;
• Turtle Protection Plan, NHESP File#22-14403 prepared by Tim McGuire of
Goddard Consulting, dated November 21, 2022;
• NHESP Email Correspondence approving Goddard Turtle Protection Plan, dated
December 6, 2022;
• Waiver Request Workslicet (driveway witliin 50' NBZ), stamped received January
24, 2022;
o Alternatives Analysis (Riverfront), stamped received January 24, 2022.
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property (i.e. the project site as
described above) referenced in the Notice of Intent, supporting documents and this
Order of Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the issuance of a
Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. 'F his 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 Welland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. Ti-iis 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.
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9 Hawkins Lane-I EP FILE 9 242 - 1856
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days(30(30) prior to the expiration date of the Order (Defer to Section 8.3) of the North
AnGlover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental.Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. [LIMITED PROJECT:] Any future project which proposes a wetland crossing in order:
to access certain portions of the property will not be qualified as a limited project
roadway under 310 CMR 10.53(e).
32. The NACC finds that the intensive use of the upland areas and buffer: zone can cause
further alteration of the wetland resource areas. Therefore, 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 beestablished from the edge of the
adjacent wetland resource area. 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 notwithstanding proposed mitigation measures within the
buffer zone and resource areas as approved under this Order of Conditions. (See
Section 3.4 &Appendix F of the local Regulations).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
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9 11awkins Lame - DEP FILE # 242 - 1856
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
111 1 111 1 IN!
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
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
seven thousand dollars ($7,000) 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 and engage a wetland scientist or other qualified
environmental professional, as an "Erosion Control Monitor" to oversee regular
inspection or replacement of sedimentation control devices and any emergency
placement of controls. Proof of the retained monitor must be submitted to the
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9 Hawlihis Lane- DEP FILE #242 - 1856
Conservation Department on letterhead/email by the retained consulting firm in time
for the pre-construction meeting. Contact information for the erosion control monitor
shall be forwarded to the Conservation Department in time for the sit-down meeting.
This person shall be given the authority to stop construction for the purposes of
correcting problems with erosion control, The Erosion Control Monitor will
immediately notify the Conservation agent of any matter that requires attention by
the Commission or the agent. The erosion control monitor must be available during
any 24-hour period, including weekends in case of an emergency. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and
nd the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
40. Prior to construction the applicant shall submit to the Conservation Department, for
review and approval, a restoration planting plan to restore the area where the shed
and yard waste dumping was removed (between WF 31A &30A) with native wetland
shrubs and native wetland seed mix. The restoration plan shall be prepared by a
qualified wetland scientist and shall include a dense plant schedule to ensure viability
of this replanted area.
41. Prior to construction and in time for the on-site pre-construction meeting, the
applicant shall have a qualified wetland consultant oversee/supervise the execution of
the approved planting plan. Plantings and seeding shall be inspected by the
Conservation Department at the pre-construction meeting. Invoices for the purchase
of native New England Seed Mixes/restoration plantings shall be provided to the
Conservation Department upon immediate availability and before install/seed
application in the field.
42. The restoration area shall be monitored by the wetland consultant for not less than 2
growing seasons post installation to ensure 75% overall survivorship of the plant
materials. Annual monitoring reports shall be submitted to the Conservation
Department. This restoration area shall be left to naturalize without routine
residential landscaping activities perform (i.e. mulching, pruning etc...).
43. Prior to construction and in time for the on-site pre-construction meeting the
following shall be implemented/prepared for Conservation Department inspection:
a. A copy of the Order of Conditions, with each page bearing the general
contractor/site supervisor's initials to ensure acknowledgment/understanding
of all conditions herein.
b. A detailed construction sequence/schedule that includes all milestones,
including but not limited to: erosion control installation, construction entrance
installation,Turtle Protection Plan control installation, utility installation, buffer
zone enhancement plantings, tree removal, earth work, foundation excavation,
septic system installation, final site stabilization, etc...;
c. The contractor shall provide a construction equipment refueling protocol that
includes location of where equipment will be refueled, by what means and
9 Hawkins Lane DEPFfle#242-1856 NACCI--iii(lisigs&Sl)cciilConditions
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9 Hawkins Lane- DEP FILE 4 242 - 1856
what protective precaution BMPs will be installed to ensure that the wetland
resource area is protected from any spills that may occur - the Conservation
Administrator in consultation with the Commission Chair shall review and
provide comments on proposed location and protection BMPs;
d. A concrete washout location and associated protective BMPs shall be identified
and marked on the site plan (inside the limit of work) - the Conservation
Administrator in consultation with the Commission Chair shall review and
provide comments on proposed location and protection BMPs;
e. A contact list for all responsible parties for site development and monitoring
phases. Contact list shall include names, role, cell and office phone numbers,
mailing addresses and email addresses.
f. A sign shall be displayed at the site, visible from the traveled public right of
way, not less than two square feet or more than three square feet in size bearing
the words "Massachusetts DEP,File Number 242-1.856."
g. All erosion control measures, consisting of 12" mulch (not straw) filled sock
backed by entrenched and staked silt fencing, shall be properly installed, by
survey in the field" between all construction areas and wetlands as shown on
the approved plan set.
h. Construction personnel pal-king, trailers or other various vehicles or
construction equipment shall not be parked/stored on the wetland side of the
erosion controls, on the shoulders of the cul-de-sac or shared driveway, or areas
within 25 feet of a wetland. Additionally, so as to clearly demarcate this
requirement in the field, a construction fence shall be installed at the edge of the
25' NDZ to physically prohibit parking in these areas.
i. Wetland flagging shall be checked in the field prior to the on-site pre-
construction meeting 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.
j. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 75 feet of 12"silt socl compost filter tube, 75 feet of
silt fence and sufficient stakes for staking and not less than 3 rolls of 100%
biodegradable (no plastic netting whatsoever) erosion control blanketing
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. The
NACC or its Agent shall have the discretion to require additional emergency
erosion control BMP's to be brought to the site and/or installed if deemed
necessary.
k. 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, or phases of the project where appropriate, 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
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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. The Building Permit application shall be submitted and in the
queue prior to the on-site pre-construction meeting.
1. Prior to construction, the applicant shalt permanently mark the No Disturb
Zone/limit of work with ten (10) wetland markers to be installed on weather
resistant monuments or mature trees where appropriate and approved by the
Conservation Department. Markers shall be installed at 35-foot intervals,
starting off of BVW WF24A and extending to the western property line, bearing
markers reading: "Protected Wetland Resource Area" at a ratio of one square
marker for every three round markers. This will designate the wetland I
resource sensitivity and assure no further inadvertent encroachment into the
wetland. Prior to installation in the field, the placement of these permanent
markers shall be subject to review and approval by the Conservation
Administrator. 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. Said markers are available for purchase in the Conservation
Department at Town Hall.
44. The erosion controls, consisting of 12" mulch filled sock backed by staked and
entrenched silt fence as noted on approved site plan details, 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.
45. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office and shall arrange an on-site conference
with an NACC representative, the contractor, erosion control monitor, wetland
scientist, project engineer and the applicant to ensure that all of the Conditions of this
Order are understood. A reasonable period of time shall be provided as notice of the
pre-construction meeting (e.g. 72 hours).
46. 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 and
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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.
47. 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
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.
48. 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.
49. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another: party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
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.
STORMWATER MANAGEMENT CONDITIONS
50. 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.
51. 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.
52. 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
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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.
DURING CONSTRUCTION
53. Any proposed landscaping within jurisdictional resource areas shall consist of species
native to New England. Landscaping outside jurisdictional resource areas shall
consist of species that are non-invasive in all respects. Prior to implementation, a final
landscape plan with plant schedule, shall be submitted to the NACC/Conservation
Administrator for review and approval.
54. 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.
55. It is not anticipated that dewatering is necessary to accomplish the project, however if
dewatering becomes necessary, means and methods shall be reviewed and approved
by the Conservation Department prior to implementation. 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.
56. Any imported fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to roots, concrete, other non-
soil constituents, and other deleterious or compressible materials 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. Any soil
amendments imported to the site shall be obtained from a responsible source, to avoid
introducing the invasive Asiatic Jumping Worm to the resource area. Plants shall also
be visually inspected for worms and if found removed and terminated, and the mulch
shall be all natural &free of any dyes. If worms are encountered the
landscaper/applicant shall inform the Conservation Department.
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57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loan-red, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, beyond November 15th of any construction year, exposed soil finish
grade surfaces shall be stabilized with a layer of mulch hay, straw, tackifier or
biodegradable erosion control blanket (as appropriate depending on slope, or other
conditions etc...) 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.
58. 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 public roadway, it will be swept
up daily.
59. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical), unless otherwise shown on approved plans referenced herein.
60. Construction materials, soils/aggregate as well as building materials shall not be
stored or stockpiled within jurisdictional wetland resource areas and must be
maintained greater than 50 feet from the wetland and in a manner so as not to create
erosion. At no time shall be stockpiling of soil or any other materials occur on the
wetland side of the erosion controls.
61. 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 durnpsters (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 jurisdictional resource areas.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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.
AFTLR CONSTRUCTION
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64. No underground storage of fuel oils shall be allowed on the 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 theTown's Wetland protection Bylaw.
65. 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 1.00 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 TowWs Wetland Protection Bylaw and
shall remain in perpetuity.
66. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
67. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris
into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall
remain in perpetuity,
68. The restoration planting area shall be left to naturalize and shall not be subject to
routine residential landscaping practices. This condition shall remain in perpetuity.
69. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
foaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved,
70. 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,
71. 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.
72, 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. VVTA 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.
9 Hawkins Lane DEP File#242-1856 NACC Findings&Special conditions
Page 12 of 15
9 Hawkins Lane - DEP FILE #242 - 1,856
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. A written report summarizing pH monitoring results collected throughout the life
of the project;
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 & storn-1water
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 AL-ty disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
73. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones) The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw (Condition #32);
Restoration plantings left to naturalize (Conditions 42 & 68);
Resource Area Markers (Condition #43.1.);
Discharge or spillage of pollutants (Condition #63);
Prohibition of underground fuels (Condition #64);
9 Hawkins Lane DE11 File H242-1856 NACC Findings&Special(.7onditions
Page 13 of 15
9 Hawkins Lane- DEP FILE #242 - 1.856
Y Limitations can the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #65 & 66);
Y No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #67);
Prohibition of the use of coal tar based products for paving (Condition #70).
9 Hawkins Lane DFP Pile#242-1856 NACC Findings&Special Conditions
Page 14 of 15
9 Hawkins Lane - DEP FILE # 242 - 1856
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the .................. of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions-------------_----------------
have been placed upon by (DEP orNACC miniber)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions--......-
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 day of....................
.................J....................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 '19
(Signature-authorized agent of applicant or owner)
9 1 lawkitis Lmie DEP File#242-1856 NACCI,"iiidiiigs&Special Cotiditioiis
N,ige 15 of 15