HomeMy WebLinkAbout242-1867, 479 Lacy Street - Windrush Farm OOC - Permits #242-1867 - 479 LACY STREET 5/31/2023 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1867
WP'A Form 5 ® Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
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 modate (check one): a.® Order of Conditions b,El Amended Order of Conditions
accothe Registry
of Deeds 3. To: Applicant;
Requirements
Janet Nittmann
a.First Name b. Last Name
Important:
When filling Windrush Farm Therapeutic Equitation, Inc.
out forms on c.Organization
the 479 Lacy Street
computer, - __... .. ...... .___....._-_- -
use only the
d.Mailing Address
tab key to North Andover MA 01845
.........-. ...._ --- ----_.. ......... ----.._. -------- _ --- -- -
move your e.Cityfrown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
Qa. First Name b Last Name
_,.. ....... -- ----- ------------- _ .................. ------
c.Organization
remra
d. Mailing Address
.... ........ ....... _. .._.......
e.City/Town f.State g.Zip Code
5. Project Location:
479 Lacy Street North Andover
a.Street Address b.City/Town
Map 105A Lot 35
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d66mO32s 70dO3m646s
d.Latitude e,Longitude
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Massachusetts Department mf Environmental Protection Provided uyma000sp:
!807
Bureau of Resource P[O[BCfiOn - �/etl@DdG 242-
������� �� �� Order � Conditions
Vass"__ . _'
��u ^� Form � �~ "����� �" �����������
Massachusetts Wetlands Protection Act M.G.L. o. 131, G40
North Andover
CityfTown
A. General Information (cont.)
O. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex 18218
a,County b.Certificate Number(if registe—red-lari-dj
c.Book d. Page
7� Dates:
a. Date Notice of Intent Filed b.Date Pu61-ic"' k[ear1ng_Cb6se_d c.Date of Issuance
& Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
**See Attached List of Approved Plans & Documents"
a. Plan Title
b. Prepared By c.Signed and Stamped by
d. Final Revision Date e.Scale
�Additional Plan m Document Title Date
B. Findings
n=U�~
= ngs
1. Findings pursuant tn 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 in significant to the following interests of the Wetlands
Protection Act(the AoU. Check all that apply:
o
u �� Prevention of
�� Public b� �l Land
� �� �� Pollution
d
t �� Protection of
Private a� �O Fisheries
� ���� �� Wildlife Habitat
8, E Groundwater Supply U, Storm Damage Prevention i [A Flood Control
2 ThimComm|eaionherebyfindo�hmp jeotm�propVn�d is� /ch�okVneofthefoUowioybcw�s\.`, ` � ` ' �
Approved subject to:
�
o. 0 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 modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control. �
vipamrm5,w 'rev 5/18/2020 Page cu13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 2`12-1.867
f
WPA Farm 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e- DEP Transaction#
North Andover
C ity/Town
B. Findings (cant.) _--___--
Denied 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 16' +l-
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
z. ❑ 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
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
g. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft -
C.square feet d.square feet a square feet f.square feet
Sq ft between 100-
200 ft g.square feet` h.square feet i.square feet j.square feet
vipaform5.doc•rev 511812020 Page 3 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
L)YIBureau of Resource Protection - Wetlands 242 1867
W PA Form Order of Conditions MassbtP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -etEP Tran"s"aotion
North Andover
City/Town
B. Findings (cunt.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Part Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.cly 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 eu 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
1T ❑ Salt Marshes a.square feet b.square feet G.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.square feet c.square feet d.square feet
20. ❑ 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 5/18/2020 Page 4 of 13
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Massachusetts Department mf Environmental Protection Provided uyMaeuosP:
Bureau Of Resource Protection - Wetl@OdG 242-1887
WPA Form 5 — Order of Conditions ____ . _#
K8@suaohuae�oVVet|mndaProtection Act K8.(�.L. u. 131. §40 #
North Andover
B. Findings (cont.)
^#23,Kthe 23 Restoration/
ym|nnt��/ � ���~
the purpose n(
restoring or
enhancing a.squaresquare
wetland
resource area 24. E1 8treamCronsing(s):
|n addition m
the square
-----------
footagetha< a.number vr new stream crossings v.number m replacement stream crossings
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Goctione.5.c
(o»»«)or The foUmwin� omnd|bonmare un|y a��|icoh|etm�^�prmved projects.
B17.o�mh �
Marsh)above, 1� FoUureb) comply with eUoomd|Uonastated benein, and with oUrelated nbduhenand other �
please enter
�
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
�
authorize any injury topdvmbapmopedyorinvaslonofprivaterights. �
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, otate, or local etotutes, onjinenoea, by|aws, or regulations. �
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 isa maintenance dredging project anprov|dedforintheAot; or
b. The time for completion has been extended to a specified date more than three years,
but |ene than five years, from the date of issuance. If this Order in intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth ena special condition in this Order.
c. |f the work in for a Test Project, thiaD[de[0fCVDdiUonoShaHbeva|idhJ[no [Oore 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 atleast 3O days prior Un the expiration
date of the Order. An Order of Conditions for a Test Project moybeexbondedforone
additional year only upon written application by the applicant, subject to the provisions of 310 �
CW1R10. ` '` 'O5(11\(D.
�
6 If this �
� . �
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire nn unless extended in writing by the Department. �
7. Any fill used in connection with this projectshall ba clean fill. Any fill shall contain notrash, �
refuse, rubbish, or debris, including but not ||nnKed to lumber, bricko, plaster, wire, laUl,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department mfEnvirmnmenta| Protec on Provided by Massoep
]807
��U[8BUOfF�8SOU[Oe Protection - \�/8fl@OdS 242-
������� 0� �� Order � Conditions
----- � —'
Ll mwn r� Form .� �� �������� ��n ��K�K���U�Uons
Massachusetts Wetlands Protection Act M.G.L. n. 131. §40
North Andover
ow n
------------
��. GeneKal Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds nrthe Land Court for the district inwhich 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 on the form et the end of this Order, which form must be
stamped by the Registry nf Deeds, prior to the commencement ofwork.
�
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or. "[WasuOEP"]
"File Number 242-1867 "
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 K4assDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance(VVPA Form 8A) to the Conservation Commission. �
13. The work shall conform to the plans and special conditions referenced in this order. �
�
|
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough |
ho require the filing ofm new Notice VfIntent. �
15, The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right tn enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department mf Environmental Protection Provided byMeoosP:
%48-1807
OWL'" Bureau OfResource Protection - Wetlands
������� �� A� ���^� � Conditions
--'-- � —'
��" w� Form � �� "�" ���� �� ~�����aU�Kons
Massachusetts Wetlands Protection Act K8.G.Lc. 131' §4O eoEp Transaction#
North Andover
C. GeneraiConditiPMs Under Massachusetts Wetlands Protection Act (cont.)
17. Prior ho the start nf work, and if the project invo|vaeworkadiamsntioaBorderingVogetabad
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes orflagging. 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 oonntruotion, 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 atthe
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention nnntrn|e it may deem
necessary. Sedimentation barriers ohoU serve as the limit of work un|aeo another limit of
work line has been approved by this Order.
19. The work associated with this Order(the"Project")
(1) E is subject ho the Massachusetts 8bJr[RYVaterStandards
/2\ 171 in NOT subject to the Massachusetts 5bormvvoterStandards
|f the work is subject to the Stommxvatwr Standards, then the project iamukjeuitothm
#mUom/|nQ conditions:
e\ 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 Sb)rmvvabe[ Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stornlwoher(|ondibon 8. Construction period
aoxoion, sedimentation and pollution control measures and beat management practices
(8K8Po) shaU remain in place until the site is fully stabilized.
b> Nnotormwmhar runoff may be discharged to the post-construction atornlmxaha/ BK4Ps
unless and until aRegistered 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 BK8Ps intended to be converted |
to post construction operation for otormvvoherattenuation, reobarge, and/or treatment, the
|
conversion is allowed by the W1aamDEP Stormvvah»r Handbook BK0P specifications and that �
the B[WP 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 B[NP plans are ino|udmd, signed and stamped by Registered �
Professional Engineor, certifying the site ia fully stabilized;
0l any illicit discharges tn the uh»rmvvatermanagement system have been oamoved, as per
the requirements nfShrrn1wabarStandard 10;
w=wms.doe'rev m,00mo Page rmm
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Massachusetts Department of Environmental Protection Provided by MassDFP:
Bureau of Resource Protection -Wetlands 242-1867
-'I
�
WPA Form ® Order of Conditions MassDEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# __....
North Andover
CityCrown
C. General Conditions Under Massachusetts Wetlands Protection Act (coat.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance, Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater 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
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. 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.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc•rev 5/18/2020 Page 8 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands -18r7
WPA Farm 5 ® Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction ___......
North Andover
City/1 awrl
---------------
C. General Conditions kinder 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.
wpafor n5.doc•rev 5118/2020 Page 9 of 13
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Massachusetts Department mf Environmental Protection Provided oymaemocp:
242 |8O7
��UPBaUOf [�SSOU[CS �oFOte[tiDH - �/etlaDdSas-
K������ �� �� Order � Conditions
----- ' —'
m�u x� Form � �� v���*�� ��n ~�����*U��ons
ILI Massachusetts Wetlands Protection Act K8.G.Lc. 131. Q4O #
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is 8 municipal wetlands bylaw V[ordinance applicable? 0 Yes Fl No
l The NorthAndnvar hereby finds (check one that mpp|ies):
ConnomoinnCommission '
m� F1 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
Thergfona, work on this project may not gnforward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
utandendo, and a final Order ofConditions is issued.
b. 9 that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North And Wetlands Protection | & Regulations Ch. 18U �
1Munidpo)OrdinonoonrBylaw et.eoc. �
a. The Commission orders that all work shall be performed in accordance with the following �
conditions and with the Notice Qf Intent referenced above. Tothe extent that the following �
conditions modify or differ from the plans, specifications, or other proposals submitted with �
the Notice of|ntent �henondition� �ha|| nuntno|
. . �
The special conditions relating to municipal ordinance or bylaw are as follows (if you need �
more space for additional conditions, attach a text dnounoenU: |
/
North Andover Conservation
Commission i di & 1
�
i
�
i
'
Nvpwwmmm ^=°nnmmm Page mmm
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Massachusetts Department of Environmental Protection Provided by MassDEP:
f. Bureau of Resource Protection - Wetlands z`1ssb1 i
Ma ssDEP �>Fie
WP'A Farm 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDPTransaction
North Andover
City/Town
E. Signatures
1 r �
This Order is valid for three years, unless otherwise specified as a special t '" ° i °_°°-m°
condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issuance
Please indicate the number of members who will sign this form. 1'
This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
COPY also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
ighature Printed Name
i0
Si na g ture Printed Name
b �.�
_._
Signature Printed ame
I
Si na e � Prink d N,ame
Signature Printed Name
Signature Printed Name
......,...._....._
Signature Printed Name
_ _------
Signature Printed Name
❑ by hand delivery on El by certified mail, return receipt
requested, on
z „
_..... _ ._...._.. ...
Date Date
wparorrn5.doo-rev 5/18/2020 Page 11 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
` Bureau of Resource Protection - Wetlands MassDEP File#242 1867
WPA Form 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -eDEP Transaction
North Andover
City(rown
.....___...... ...... ---
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 which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant,
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1867
PA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction##
ILI North Andover
CityTrown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
479 Laic r_Street 242-1867
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
for: Wlndrush Farm Therapeutic Equitation, Inc.
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:
05-30-23
Date
If recorded land, the instrument number identifying this transaction is:
Cert. #16219
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
vrpaform5.doc•rev 5118Q020 Page 13 of 13
DEP FILE #242 -1867 479 Lacy Street-Windrusli Farm
Findings of Fact
Current Project Site Conditions: The -24-acre project site is part of the -27-acre Windrush
Farm, a private non-profit therapeutic equitation center. The subject parcel currently consists
of barns, residence with an attached caretaker apartment, paved access drives, paddocks,
pasture, open fields, woodlands and a fire pond surrounded by BVW. Portions of the subject
parcel are subject to a Conservation Restriction co-held by the Town of North Andover and
Essex County Greenbelt Association.
The project site has been subject to previous wetland permitting with the North Andover
Conservation Commission (NACC):
0 OOC, #242-1617- governed installation of a dry hydrant- CofC issued in 2014
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by Conservation Administrator and reflected
on the approved plan. The applicant has not attempted to overcome the presumption
of significance of these resource areas to the identified interests in the Act and
Bylaw.
a. Bordering Vegetated Wetland -Wetland Flag Series Al-A15;
b. The property lies within NHESP Priority Habitat;
c. The property does not lie within the 100-year floodplain or Riverfront Area.
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
21. The proposed work includes: The project aims to improve and manage stormwater
runoff from the barnyard area, which presently flows unmanaged from impervious
surfaces including building roofs, pavement and paddocks, down the accessway
known as "Candy's Lane" and discharges toward the wetlands adjoining the
southeast corner of the lot. This condition results in excess flooding and icing and can
present a safety concern for horses, staff and visitors. Activities proposed under the
NOI include removal of the existing pavement, re-grading and reconstruction of the
accessways and walkways, installation of new catch basins, barn roof gutters and a
rain garden with sediment forebay to renovate water quality. This stormwater design
anticipates and includes potential runoff from future planned improvements to the
479 Lacy Street--Windrush Farm DEP File#242-1867 NACC Findings&Special conditions
rce a I of 13
DEP FILE #242 -1867 479 Lacy Street—Windrush Farni
barnyard area which are not within jurisdiction,which includes a 5-stall barn addition
with accompanying access drive reconfiguration., a new septic system and new well.
As part of its review, the NACC engaged the Town Engineer to perform a 3rd party
peer review of the stormwater management design. Based on the Town Engineer's
comments, minor changes to the HydroCad an Operations & Maintenance were made
to address those comments, but did not require any revisions to the plan set.
The terminal outlet to the BMP#1 rain garden encroaches by 89 s.f. into the 25' NDZ
due to the necessity for accommodating the grades for the outlet elevation. A waiver
request has been submitted. As mitigation for this incursion, the rain garden and
outlet will be planted, and aside from space needed to access the BMP#1 outlet, the
portions of NDZ will be allowed to re-naturalize as currently it is being mowed and
utilized for horse grazing and riding (*See Special Condition # 69). The Commission
found that the proposed mitigation provides an enhanced and improved buffer zone
condition and voted to grant the waiver.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Janet Nittmann
Windrush Farm Therapeutic Equitation, Inc.
479 Lacy Street
North Andover, MA 01845
Wetland Consultant: Mary Rimmer
Rimmer Environmental Consulting, Inc.
57 Boston Road
Newbury, MA 01951
Site Plans prepared by: Donohoe Survey, Inc.
"Existing Conditions Plan"
Scale 1 =20'
Final revision dated April 18, 2023
Notice of Intent Plans Site Redevelopment
10 Sheets (including Donohoe Survey Existing Conditions)
Prepared by ASB Design Group, LLC
Signed and stamped by Thad Berry, PE
Dated April 22, 20-23
Other approved Documents:
Stormwater Checklist & Management Plan,
Operation & Maintenance Plan (Construction Phase &Post
Construction) dated May 23, 2023
479 Lacy Street—Windrush Farm DET File#242-1867 NACC Findings&Special conditions
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DEP I{ILE# 242 -1867 479 Lacy Street—Windrush Farm
Stormwater 3rr1 Party Peer Review Letter - dated May 19, 2023
prepared by John.Borgesi, PE, Town Engineer
Response to Comments Letter -Engineering Review #1 -
dated. May 23, 2023 prepared by ASB Design Group, LLC,
signed & stamped by Thad Berry, PE
Email confirming satisfactory response from Town Engineer
dated May 24, 2023
Natural Heritage Endangered Species Program Comment
Letter - Finding "No-Advertise Affect" dated April 28, 2023.
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order: does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
27. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
479 Lacy Street—Windrosh Farm DEP File#242-1867 NACC Findings A Special conditions
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DEP FILE #242 -1867 479 Lacy Street--Windt•ush Farm
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Defer to Section 8.3) of the North
Antlover Wetland Regulations).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall.
be a party to all agency proceedings and hearings before the Department.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as verified and confirmed by Conservation Department staff and as shown on
the plans dated referenced herein.
33. 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 25 foot(25') No-Disturbance Zone
and a fifty foot 50' No-Construction Zone as associated the bordering vegetated
wetland shall be established from the edge of the adjacent wetland resource area
where applicable. The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local. Regulations).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other: personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indenmify 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
479 Lacy street—Windnish Farm DEP File#242-1867 NACC Findings&c Special Conditions
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DEP FILE # 242 -1867 479 Lacy Street—Windrush Farm
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.
36. 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
37. 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.
38. This Order shall be recorded, in its entirety,by the applicant at the Registry of Deeds
in unediately 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.
39. A check payable to the Town of North Andover shall be provided in the amount of
$1,000 (one thousand dollars) 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'Down 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.
40. 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 DEP, File Number 242-1867."
41. 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
479 Lacy Street--Windrush Farm DEP Pile 11242-1867 NACC Findings&Special conditions
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DEP FILE # 242 -1867 479 Lacy Street—Windrush Farm
by the applicant, another Board's decision or resulting from this Order of Conditions
must be sub'mitted 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.
42. 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.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of
sedimentation/erosion control devices, grading, drainage feature installation, and re-
vegetation to be completed.
44. Prior to work commencing, it is the applicant's responsibility to obtain all other
applicable local, state and federal permits as needed. Electronic copies of said permits
shall be provided to the Conservation Department.
45. Welland 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 shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
46. A row of staked 12" minimum compost Filtrexx Si1tSox (or equivalent) 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 or its agent prior to the start
of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
479 Lacy Street—Windrush Farm DEP File fl242-1867 NACC Findings&Special conditions
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DEP FILE # 242 -1867 479 Lacy Street—Windrush Farm
installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, additional 50 feet of silt sock and not less than 3 rolls of 100%
biodegradable erosion control blanketing (no plastic netting) and sufficient stakes
for staking. Said bales shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
48. The applicant/owner shall continue to retain the designated Wetland Scientist (or
other environmental professional as approved by the NACC or its agent) as an
"'Erosion Control Monitor" to oversee any emergency placement of controls and
regular inspection or replacement of sedimentation control devices. 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. Proof of the retained monitor must be
submitted to the Conservation Department on letterhead by the retained consulting
firm. This person shall be given the authority to stop construction for the purposes
of correcting problems with erosion control. The Environmental Professional will
immediately notify the Conservation agent of any matter that requires attention by
the Commission or the agent. The erosion control monitor will be required to inspect
all such devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt.
49. 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/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
50. Prior to work, and in consultation with the Conservation Staff, the applicant shall.
permanently mark the edge of the 25' No Disturb Zone, with not less than ten (10)
signs or markers placed on 4x4 pressure treated or cedar posts spaced evenly every 35
feet incorporating the following text: "Protected Wetland Resource Area". This will
designate their 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
479 Lacy Street—Windrush Farm DEP File#242-1867 NACC Findings&Special conditions
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llEP FILL 9 242 -1867 479 Lacy Street--Windrush Farm
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. A Certificate of Compliance shall not be issued unless and until these
markers are installed.
51. 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 Farm 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.
52. 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 consultant, erosion control monitor and the
applicant to ensure that all of the Conditions of this Order are understood. This Order
shall be included in all construction contracts, subcontracts, and specifications dealing
with the work proposed and shall supersede any conflicting contract requirements.
The applicant shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order.
A reasonable period of time shall be provided as notice of the pre-construction
meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
53. 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 exist, unless specifically approved in
writing by the Commission.
54. 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.
479 Lacy Street—Windrush Dann DEP Pile#242-1867 NACC Findings&Special conditions
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DEP FILE # 242 -1867 479 Lacy Strect—Windrush Farin
55. The Storn-twater Operation & Maintenance Plan, attached hereto, shall be adhered to.
A copy of completed inspection/maintenance reports shall be submitted to the
Conservation Department no later than December 31st of each year. This condition
shall be on-going and shall survive beyond the issuance of a Certificate of Compliance,
56. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Post Construction Operation and Maintenance Plan (O&M) attached herein and the
associated stormwater management conditions mandated herein. Evidence of said
cleaning (i.e. invoices/bills of lading) shall be sub In' itted to the Conservation
Department for its file.
57. There shall be no snow storage/dumping into the rain garden. This condition shall be
on-going and shall survive the issuance of a Certificate of Compliance.
58. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, infiltration
structures, rain gardens and other elements of the drainage system, in order to avoid
blockages and siltation which might cause failure of the system and/or detrimental
impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
F_DURING CONSTRUCTION
59, Upon beginning work, the applicant shall submit written progress reports every
nionth 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.
60. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators,motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness -whichever is most applicable as
determined by the Conservation Commission or its staff.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
479 Lacy Street—Windrush Farm DEP File t/2,12-1867 NACC Findings&Special conditions
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DEP FILE # 242 -1.867 479 Lacy Street—Wiadrush Farm
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
62. 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.
63. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site.
64. No fuel shall be stockpiled within the 100-Foot Buffer Zone and refueling of
construction equipment shall be conducted outside the 100-Foot Buffer Zone.
65. The>:e shall be no stockpiling of soil or other materials within fifty-five (50) feet of any
resource area or within the rain garden.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. however, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. 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 clay. 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.
AFTER CONSTRUCTION
69. Ten feet (1.0') on either side of the dry hydrant shall continue to be snowed for access,
with the remaining swath of 25' NDZ around the pond and edge of bordering
vegetated wetland shall be left to naturalize without mowing or routine landscaping
maintenance in perpetuity.
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DEP FILE # 242-1.867 479 Lacy Street—Windrush Far►n
70. 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.
71. 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 perpetuity.
72. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
73. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
74. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
75. 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.
76. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance;
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional.Civil Engineer (and/or
Registered Professional i_,and Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
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DEP FILE # 242 -1867 479 Lacy Street—Whidrush Farm
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 1.00 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 ALiy disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and 50' No-Construction Zone to bordering
vegetated wetland and bank of pond shall remain established. 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 #33);
Wetland Resource Area Markers (Condition #50);
Long term O&M of the Stormwater BMP's (Condition #55);
No dumping snow within 50 of wetlands or in rain garden (Condition #65);
Discharge or spillage of pollutants (Condition#68);
25' NDZ left to naturalize aside from 10' on either side of dry hydrant
(Condition #69);
Prohibition of underground fuels (Condition #70);
Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#71);
Prohibition on sodium-based products for deicing (Condition #72);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25' NDZ (Condition #73).
479 Lacy Street—Windrush Farm DEP File#242-1867 NACC Findings&Special conditions
Page 12 of 13
DEP FILE. #242 -1867 479 Lacy Street—Windrush Farm
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 ain the of
(position with applicant) (applicant naive or company name)
the;applicant upon whom Order of Conditions
have been placed upon by (DEP or NA CC number)
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 tip by (DEP or NACC number)
the North Andover Conservation Commission.
3. I 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. I 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. I 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)
479 Lacy Street—Windrush Dann DEP file#242-1867 NACC Findings&S fecial Conditiolts
Page 13 of 13
Operation and Maintenance Plan—Windrush Farm April 22, 2023
B. OPERATION & MAINTENANCE PLAN: POST CONSTRUCTION
MA DEP STORMWATER REPORT STANDARDS 4 & 8
RESPONSIBILITY: TOWN OF NORTH ANDOVER
DESIGN TEAM
See Operation and Maintenance Plan: Construction Phase.
STATEMENT OF INTENT
This operation and maintenance plan (O&M) identifies the inspection and maintenance
requirements. The plan addresses requirements contained in the stormwater management
policy developed by the Massachusetts Department of Environmental Protection (MADEP) and
Coastal Zone Management,
The operation and maintenance program is intended to prevent impacts to existing wetlands,
existing driveways, and surrounding sites after the completion of the construction — Post
Construction. The guidelines incorporate best management practices (BMP's) as specified in
the guidelines developed by MADEP and the environmental protection agency and complies
with the requirements of the National Pollution Discharge Elimination System (NPDES) General
Permit for stormwater discharges for construction activities. This does not preclude any
requirements for additional controls identified in these drawings or support documents or any
other appropriate techniques to limit erosion and sedimentation off the site. Also, any measures
deemed necessary by the Town /town planning board, conservation commission, zoning board,
or the Town/town's representative shall be part of operation and maintenance plan.
Every effort has been made to provide a comprehensive O&M plan. All measures and
guidelines presented within this plan are considered to be the minimum efforts required to
achieve the intent of the stormwater control program and minimize off-site impacts. Should any
omissions or inconsistencies arise in the plan, Blue Standard Show Stables, are expected to
use reasonable and experienced judgment in the field relative to evaluating and implementing
measures based on the intent of this plan.
PROJECT IDENTIFICATION
Project Name: Windrush Farm Notice of Intent— Drainage Improvements
Project Location: Map 105A and Lot 35
479 Lacy Street
North Andover, Massachusetts 01845
DOCUMENTS:
Windrush Farm Shall Refer to the following Documents:
As -Built Drawings DATE: TBD
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Operation and Maintenance Plan—Windrush Farm April 22, 2023
® Town of North Andover Conservation Commission Conditions of Approval DATE: TBD
® Approved Plan Sheets C1-C10 DATE: TBD
INTRODUCTION
The purpose of this Operation and Maintenance Guide (OMG) is to provide a comprehensive
and cost-effective program for implementing the long-term maintenance of the Storm Water
Facilities. The OMG will identify:
® Stormwater BMP Description
■ Maintenance Schedule,
® Maintenance Requirements/Methods,
• Record Keeping
The Operation and Maintenance Plan will become part of the overall Windrush Farm
maintenance program and budget.
PERMANENT OPERATION AND MAINTENANCE ITEMS —WINDRUSH FARM:
All sediment must be disposed of on-site, if applicable, or at an off-site location in accordance
with all applicable local, state, and federal regulations.
BMP #1
BMP's 1 is a stormwater treatment facility intended to trap, detain, retain, infiltrate, and slowly
release stormwater runoff generated by the roadway, driveways, and roof areas. The
stormwater runoff is generated from the impervious surfaces (roadways, driveways, and roof as
well as the lawn and naturally vegetated areas).
They are intended to handle and treat the stormwater that has a higher TSS and pollutant level
(oils, nutrients). These areas typically contain impervious surfaces such as driveways and
parking lots or areas that need to be treated and controlled during the construction process.
The BMP's provides stormwater treatment for these areas as well as decreasing the Peak Rate
of Stormwater Runoff that will leave the site because of the development. The increase in the
peak rate of stormwater runoff is associated with the increase in impervious surfaces—
driveway, buildings, parking areas, walkways, driveways etc.
MAINTENANCE SCHEDULE —WINDRUSH FARM
Maintenance of the stormwater facilities should occur in the spring (when weather conditions
allow) and late fall of each year (after the leaves fall).
BMP #1 is comprised of a rain garden with both upland and wetland plantings. The BMP's work
in concert with the grassed swales and deep sump catch basins. The BMP is constructed with a
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Operation and Maintenance Plan—Windrush Farm April 22, 2023
sedimentation trap or forebay. Training of the maintenance personnel on the requirements of
the Operation and Maintenance Program will be required.
Monthly Inspections:
® The Sedimentation Forebay shall be inspected monthly and cleaned if required. At a
minimum the Sedimentation Forebay shall be cleaned four times a year.
The spring season maintenance would include:
• Inspect inlets and outlets to BMP #1. Remove any sand/sediment. Sediment and sand
should be removed and disposed off-site.
® Mow the grass areas on a weekly basis in the spring and then as need during the summer
and fall months. Do not cut fine lawn grass shorter than 21/2", Mulch grass in place or
collect for composting.
® Clear inlets and outlets of leaves or blockage (see below).
® Remove sediment for sedimentation forebays/traos and refresh the grass surface as may
be required.
® Inspect fine lawn and native grass areas for erosion or gullying. Top dress, re-grade, and
re-seed as necessary.
■ Maintain plantings — prune/trim and replace if needed.
® Inspect Catch Basins and if required have sumps cleaned.
Fall maintenance would include:
• Leaf removal.
■ Final lawn mowing.
• Inspect all outlets and clean as may be required.
® Inspect Catch Basins and if required have sumps cleaned. The NDS Landscape Catch
Basin should be checked on a weekly basis when the leaves begin to fall.
Please not that Windrush Farm already has a comprehensive pavement maintenance program
that includes sweeping the pavement.
RECORD KEEPING —Windrush Farm
The owners of Windrush Farm should keep records of all Operation and Maintenance activities.
Keep digital pictures and create a summery letter outlining the Operation and Maintenance
activities. Submit to the Town of North Andover Conservation Commission if required.
CATCH BASINS: RESPONSIBILITY WINDRUSH FARMS
Windrush Farm shall inspect the catch basins in the spring and fall. If required, the sumps shall
be cleaned. Keep inlet grates clean of debris and leaves. The NDS Landscape Catch Basin
should be checked on a weekly basis when the leaves begin to fall.
DOWN SPOUT OVERFLOWS: RESPONSIBILITY WINDRUSH FARMS
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Operation and Maintenance Plan—Windrush Farm April 22, 2023
Keep down spout overflows free of debris and in winter conditions fee of snow,
PROHIBITION OF ILLICIT DISCHARGES:
MADEP Stormwater Report Standard 10:
There shall be no illegal discharges of any material from this site to the proposed drainage
and/or sewerage systems.
If you have any questions and or concerns, please feel free to contact me at 978-500-8419
Sincerely,
ll
ASB design group, LLC
Thad D. Berry, P.E.
Principal
Thad 0 Berry
No,41258
CIVIL
ea as
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