HomeMy WebLinkAbout2001-07-11 Certificate of Compliance-Conservation Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
WPA Form 8B — Certificate of Compliance 242-968
L Provided by DEP
A. Project Information
Important out
: 1. This Certificate of Compliance is issued to: FILE COP
When fillin Y
g
forms on the Atlantic Real!y_Trqst/Suds Pe�elo ment, LLC
computer, use Name
only the tab
key to move 231 Sutton Street, Suite 2F —----------
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
Q2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Atlantic Realty Trust Thomas Laudani, Trustee
Name
_October 20, 1999 242-968
Dated DEP File Number
3. The project site is located at:
_740 Turnpike Street North Andover
Street Address
Cityrrown
Map 98D Lot 40
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
same
Property Owner rent)
Essex North
County Book Page
Instrument#40943
-d-e-dificate -_
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
November 15 2004
Date
B. Certification
Check all that apply:
Complete Certification: It Is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed,
E3 Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial Certification that have been completed and are released from this Order are:
wparorm 8b,doc rev.i 2il woo
Pagel of 3
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 8B — Certificate of Compliance
242-968
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cost.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no lodger valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
66, 72, 73, 74, and 68
Olh llf li"�O +
C. Authorization
Issued b
co se►vation commission Date of ssua ce
This CertificaA must be signed a majority of the Conservation Commission and a copy sent to the
applicant a ap opda P egional Office(See Appendix A).
Signatures
On ��] Of
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument.and
acknowledged that he/she executed the same as his/her free act and deed.
i
Notary Pubi Y L Y•IPPOI My commission expires
* Notary Public
:c•rnmrnweaah of Massachusetts G 6/-7
/
im+ssinn Expires
wpaform eb.dw•rev.12/16100 �{�1]
Page 2 of 3
LlMassachusetts Department of Environmental Protection
Qureau of Resource Protection - Wetlands DfrP Fife Number:
WPA Form 8B — Certificate of Compliance 242-968
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project location DEP File Number
Has been recorded at the Registry of Deeds of.
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book
Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpatorm Wdoc•rev.12115= Page 3 of 3
LONG TERM MAINTENANCE PROGRAM
1. On or about every May 1 and November 1 of each year a site inspection shall be
performed by a registered professional engineer (P.E) of the Commonwealth of
Massachusetts to report on the status of the drainage features and impact to wetland
areas, if any. The inspector will schedule the inspection with the responsible parties 48
hours prior to the inspection so arrangements can be made to access all manholes,
including if necessary, roping off of parking spaces to assure manhole access. This
report shall include the name, address and telephone number of the owner of the
drainage facilities, the names, address and telephone numbers of parties responsible for
the operation and maintenance of the drainage facilities, and an outline of remaining
funds in the line item of the budget for drainage maintenance. The report shall also
identify the current status of the drainage facility. The inspection shall include a visual
inspection of each drainage structure including the catch basins, manholes, subsurface
detention facilities, headwalls and end sections, buffer planting and concrete outlet
structures, BMP's and any other structure or condition relating to the long term
operation of the drainage facilities. The report shall outline any observed pollution, if
other than normal sand and oil runoff from parking lot use.
2. The parking lot shall be power swept on the entire site at least monthly, and the
sweepings disposed of off-site by the sweeping contractor.
3. Three times per year, April 1, July 1, and November 1, the fossil Filter supplier and/or L
approved installer, shall inspect the five (5)fossil filters and replace or repair filters,
screens and inserts. Replaced filters shall be disposed of properly. A report shall be
provided to the inspector(P.E.), and the Conservation Agent, as to the condition of
each fossil filter and which components, if any, were replaced.
4. On or about October 15 of each year a Landscape Contractor shall complete the
cleaning out of any debris in the non-catchbasin drainage structures or drainage pipes
and shall prepare a short written report of the work performed to be submitted to the
inspector(P.E.) for inclusion in his report. He will also inspect the buffer planting area
and replant any dead vegetation. He shall report the replanting to the Conservation
Agent.
5. Once every year from the date of commencement, on or about September 1, the catch
basins shall be thoroughly cleaned by mechanical and/or manual means to remove any
debris and settlement.
' 6. Once every year from the date of commencement, usually in the spring, a Landscape
Contractor shall regrade, reloam and reseed or stabilize any areas which have eroded or
developed sediment or which have developed conditions not shown on the plans. A
written report of such activities shall be presented to the inspector for inclusion in his
report.
MERRIMACK ENGINEERING SERVICES.INC, 66 PARK STREET • ANDOVER.MASSACHUSETTS 01810
F
7. If the inspector reports that work needs to be done to maintain any facility then the
work must be completed within the next 12 weeks, unless otherwise specified, the
condition of which shall be reported in the inspector's next report.
8. Snow, after plowing, which is stockpiled, shall be removed from the site within 24
hours of plowing. Sand only and no de-icing compounds or chemicals shall be used for
de-icing.
9. All check valves 8" backwater flush valve associated with the( ) subsurface drainage
facilities shall be inspected and maintained three (3) times per year (April 1, July 1, and
November 1).
E.
-2-
I:
MERRIMACK ENGINEERING SERVICES.INC. 66 PARK STREET ANDOVER.MASSACHUSETfS 01810
EureW Of R2scUrce Protection— Wedar;ds GE? F;ie Nurr;ter
WP p Order Co i C Efc,- ;ttjiss2ee
42-968 ..-_...� �-
l.
Massachusetts Wetlands r,oteWtion ActPll G.L. C. 731 §4p c�C `�°z"h
,_•_, � Prot:ectz.cn Ey1 '_ t-la:
' Applicant Info aticr
I'7e`fC(;C= C:Was
NORTH LNDOvE,R r
June 10 1999
242-968 October 6, 1999
' late
Atlantic Realty Trust _
Thomas Laudani Trustee I IL}8 u(?C�qC=l'f iir a��! �^S aF G {.`.ct
iccrr�'rs:lamt 1TJ � r r ]��Y
733 Turnpike St Suite 15$
j .HaiirC iCC'Y !C'l R t v L G
r North Andover, ;L G::z 5 €
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NORTH A�VDOVER ATTEST6.
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WPA Form 5 - Order of Conditions-
.� ,s and NorthAndove
Massachusetts Wetlands Protectfcn Act All.G.L. c. 731, §40 ProcecCion Bylawr Wetland
Findirgs (cent.)
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ard tf: f a revised Norca Of Intent is s--Lcn1icted Air:C, lard uccn which tte,rcccsed'wc(k is to be done. in t,�e
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fcilc'xirc acpiy:
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and horde Arid'ove,: Qr�ard Massachusetts Wetlands rrotaction Act M.G.L. C. 731, §40 Procecti—an
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DEP FILE # 242 - 968 - - - -
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 th_ 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 foilowinu conditions mo(JifV or
differ from the Plans, specifications or other proposals submitted with the Notice
of Intent. the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19.This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00),
the North Andover 'V eti¢nd ByLaw and P,=~�,l�ti�,ns, and may require any
information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further, work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any othe.- , -�rscn of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
21.The work authorized hereunder shall be completed within three years from
the date of this order.
22.This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII
* : (8)(p.33) of the North Andover Wetland Regulations).
23.The NACC reserves the right to amend this Order of Conditions a,::; a
legally advertised pubiic hearing if plans or circumstances are changed or if
new conditions or information so warrant.
C:%WinworWOC`.242-953AN . I NACC 10/23/99
DEP FILE # 242 - 968
24.Where the Department of Environmental Protection (DEP) is requested to
make a c : . to issue a SSE persading Order, the Conservation
Commission shall be a party to all agency proceedings and hearings belore
the Department.
25.The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions.o# 'U'ne. property.
26.The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
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.
27.LIMITED PROJECT. Ar,;- #:;;ire 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).
28.The proposed work includes: Construction of a commercial bldg.,
associated earthwork, utilities, parking, driveway, drainage structures,
wetland replication and restoration within the Buffer Zone to a
Bordering Vegetated Wetland (SVW) and Riparian Zones to Mosquito
Brook.
29.The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent fled by: Merrimack Engineering Services, Inc.
Representative
Atlantic Realty Trust, applicant
Thomas Laudani, Trustee
Dated June 10, 1999
Site Plans prepared by: Merrimack Engineering Services, Inc.
Entitled "Proposed Office
Development' dated 6/2199,
REV 8/30/99
Signed and Stamped by: Stephen Stapinski, RPLS and
Robert Daley, P.E.
Wetland Replication Wetlands Preservation, Inc.
2 NACC 10/28/99
DEP FELE # 242 - 968 -
Report prepared b .
p p p Y Entitled "Wetland Restoration and _ _ _-
Revegetation Plan dated March 26,
1999, REV May 26, 1999 -
Operation & Maintenance Merrimack Engineering Services, Inc.
Plan prepared by: dated May 5, 1999
30.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Riverfront Area and Bordering Vegetated Wetland (BVW). 4
These resource areas are significant to the interests of the Act and Town
Bylaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the
identified interests. - -- --
31.The NACC dgrass with tine applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
32.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (26') No-Disturbance Zone and a fifty foot (50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area except as the driveway entranceway. 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.
33.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.
34.This dwcume^t 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, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
C:lwinwordl000242-968.doc 3
NACC 10f23/94
DEP FILE 9 242 - 968
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
tO C:._.'.�,f.YFC�>, ;.ii; �:_: .. on this
property pursuant to the Order. Issuance of these Conditions does not in any
way imply or certify that the site or downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
the drainage system, if accepted by the Town as part of a public way,
becomes the respcnsi'�i!;ty of the Town.
36.The NACC finds the applicant's proposal for 4,500 sq. ft. of wetland
replication and 11,360 sq.f, of wetland restoration to be adequate. The - -
replication areas shall be constructed prior to other construction activity on
site and this sequence shall be reflected in the construction sequence.
(Refer to Section III(E)(4)(page 18) of the local Regulations for performance -
standards).
37. 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
38. 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.
39.This Order shall be recorded 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 pr cperty. In the case of reccrced 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 Ccnserva.ion 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.
DEP FILE # 242 IN
40.A sign shall be displayed at the site not less than two squaEq feet o 13
o
than three square feet in size bearing the words «Massacll6setts'
apartment of Environmental Protection, File Number
Expiration date=_ _. 242-96$._ -- — _ -
41.Any changes in the submitted plans caused by the applicant anotherBoard's
�:.A..�.0 .. .
decision or resulting from this Order of Conditions must be�'siabmitted_to
NACC for approval prior to implementation. If the NACC finds.s aid Ychan_'e -
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
found in the plans or information submitted by the applicant shall
considered as changes. The proposed project may be still Unde review b
other local or state boards or agencies. This may result
project plans or wetland impacts. If any such changes occur a revised
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on
a project until written approval has been granted by the NACC.
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
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
44.Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The
proposed limit of work shall be shall be clearly mGrked with stakes or flags
and shall be confirmed by the NACC. Such markers 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 e=
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. All flags used for the above purposes shall be
of a color different from other flagging used on the site.
CAWinword\000242-963.doc NACC 1011_4199
DEP FILE it 242 - 968
45.A row of double staked hay bales backed by trenched siltation fence shall
be placed between all construction areas and wetlands. Trenched silt fence
ONLY shall be installed between replication areas and resource areas.
The erosion control barrier will be properly installed and placed as shown on
the plans approved and referenced herein and shall be inspected and
approved by the NACC prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures
found necessary during construction shall be implemented at the direction of
the NACC. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site
erosion, or any noticeable degradation of surface water quality discharging
from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission's request.
46.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 50 extra hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be
used for the normal control of erosion.
47.A check payable to the Town of North Andover shall be provided in the
amount of $ 71,119 = ($15,000 Idg. ; 1v,119=$"is,f of
replication/restoration + $16,000 for Operation and Maintenance of
stormwater management structures) 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 sp'plicant ma.., propose a monetary re!ease 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.
$16,000 shall be held as surety for the "Successful Implementation" of
the Applicant's proposed Stormwater Management Operations &
Maintenance Plan (O & M Plan). The proposed O & M Plan was reviewed
through the Public Hearing on the Notice of Intent and is hereby
adopted as a mandatory perpetual condition approved by this Order of
Conci. ins, ":71.Cc,:so1•i.;. of the O & M Plan shall be
demonstrated by the applicant only after three consecutive years of
strict compliance and adherence to the Plan submitted by the Applicant
C Win rorc`c��?f�'_s�_phq,air. 6 NACC 10/28/99
DEP FILE # 242 - 968and approved by the NACC. For purposes of establishing a benchmark,
said three consecutive year implementation period shall commence
upon final issuance of a Certificate of Occupancy for the proposed
bu:;:sing. Tie Appii�::,:�t ss;aii be dew;•,.1;; to be irn de.-ult of ti-le O & p1T
Plan condition should the Applicant fail to fully rreet any of the
requirements of the O & M Plan during the three year implementation
period. Should the NACC find the Applicant to be in default of the O &
M Plan, the NACC shall take any and all actions, including seizure of any
portion, or all of the performance surety to return the project to a
compliant state. Notwithstanding the time of occurrence or discovery
of non-compliance, the "Successful Implementation" period shall
recommence at the beginning and run for the next three consecutive
years. Upon "Successful Implementation" of the O & M Plan, the
Applicant may request, and the NACC shall release the sixteen
thousand dollar ($16,000) performance surety.
48. Compensatory flood storage shall be constructed prior to any filling of d
Bordering Land Subject to Flooding.
49.The applicant shall be responsible for placing signs on each parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
50.The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends.
Credentials of said Erosion Control Monitor (prior to designation) shall
Ise sub ::itiSd for rev-sw and subseq-uent approval by t -e NACC or an
Agent thereof. This person shall be given the authority to stop
construction for erosion control purposes. The erosion control monitor
will be required to inspect all such devices and oversee cleaning and tine
proper disposal of waste products. Cleaning shall include removal of any
entrapped silt. At least once during each week in which construction
activities occurs on-site and for as long thereafter as ground remains
unstabilized; the applicant shall submit a written report from the "Erosion
_ Control Monitor' to the NACC certifying that, to the best of his/her knowledge = "
and belief based on a careful site inspection, all work is being performed in
compliance with this Order of Conditions and that approved setbacks are
being adhered to, The erosion control monitor must visually inspect all
sedimentationlerosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as
CAWinwordMCl242-968.doc 7 NACC 10/28/99
DEP FILE # 242 - 968
intended. In addition, all wetland resource areas must be visually inspected
for siltation, turbidity, and/or other water quality impacts.
51. Prior to construction, the applicant shall permanently mark the edge of the
"25' No-Disturbance Zone" with signs or markers spaced evenly every
50 feet incorporating the following text: "Protected Wetland Resource
Area". This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents
to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant.
52.The applicant shall stake out the foundation corners prior to construction for
projects including, but not limited to, single family homes, additions, decks,
pools, etc.
53.The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party,
subject to said Orders of Conditions, the "Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating
that said applicant and/or owner has read these Orders of Conditions
and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced harein and shall be provided to
the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
54.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 conferenc
with an NACC representative, the contractor, the engineer, wetland
scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction
contracts, subcontracts, and specifications dealing with the worm 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 pr-e-construction meeting Meeting (e.g. 72 hours).
DEP FILE # 242 - 968
DURING CONSTRUCTION
55.IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant
shall complete a plan prepared by a Registered Professional Land Surveyor
of the Commonwealth (R.P.L.S.) which accurately depicts the foundation
location and it's proximity to wetland resource areas as approved under this
Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
56.Upon beginning work, the applicant shall submit written progress reports
every other rn,or;th 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.
57.Approved de-watering activities anticipated at the roadway entrance location
shall be supeniised and witnessed by the designated erosion control monitor.
This designee must be on-site while work specific to the roadway retaining
wall installation is occurring and until this section is complete. De-watering
activities shall be conducted as shown on the roved plans and 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 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 reccures area.
58.Any fill used in connection with this project shall be clean fill, ccn.-2i -ping no
trash, refuse, rubbish or debris, including but not limited to lumber, bricks,
plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
50. i`Ic exp c sed areZ seal' remain unfinished for more than thirty (30) days,
unless approved by the NACC.
60.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.
61.There shall be no stockpiling of scil or other materials within trlenty-five (25)
feet of any resource area.
CAWimvordl0002242-968.doc 9 NACC 10/28/99
I
DEP FILE 9 242 - 968
62.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be foamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines.
All disturbed areas located within wetland resource areas which are to be
only temporarily disturbed during construction, shall be restored to their
original grade, soil profile and vegetative cover. Soil used for this purpose
will either be wetlands topsoil or a minimum of 4" of quality loam.
63.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
64.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal
o�waste On the site by any o"gar 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.
65.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
66.During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one (1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
STORMWATER MANAGEMENT CONDITIONS
67. All construction and post construction stormwater management shall be
conducted in accordance with supporting documents submitted with the
cf Intent, Department of Environmental Protection, and Stormwater
Management Policy and as'approved by the NACC in the Order of
Conditions.
68. All stormwater best management practices shall be maintained as specified
in tr? Ocer=..c^ ar;d Plan (attached) and hereby incorporated
in this Order of Conditions. Evidence of maintenance of stormwater
management systems shall be provided to the NACC on an annual basis.
CAWinword1,00C1242-963.dcc 10 NACC 10/29/99
i
DEP FILE # 242 - 968
69. There shall be no increase in post development discharges from the storm
drainage system or any other changes in post development conditions that
after 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 NACC.
70. Water quality in down gradient BVW's shall not differ following com the project from tine pre-,;evelepm p letion of
ent conditions. There shall be no
sedimentation into the wetlands or water bodies from discharge pipes or
surface leaving the site.
71. The applicants, owners. and their successors and assignees, shall maintain
all culverts, collection basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure to 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.
AFTER CONSTRUCTION
72. 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
73. Fertilizers utilized for landscaping and lawn care shall be slow release,types low-
nitrogen tl � 5 /o o }; at-id
g l��- ( s:gal= rot '; us- W `hi 26 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.
74.No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate _
due to the-importance of the site and wetlands. Permanent signs
designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be _
displayed in prominent locations and are subject to review and
subsequent approval by the NACC or Agent thereof.
C:AW inword1000242-968.doc 11 '
NACC 10128/99
DEP FILE # 242 - 968
75. Upon completion of construction and grading, all disturbe areas., oca _ - _
. .,_.,. _.:
outside resource areas shall be stabilized permanently against erosion. is� -
shall be done either by loaming and seeding according to 8- star<`d"r s
the latter course is chosen, stabilization will be considered complete-anceF-r= :_- -
vegetative cover has been achieved.
76. Upon completion of the project the applicant shall submit the following to the n' -�?_
Conservation Commission as part of a request for a Certificate of :�
Compliance: -. :- _. _`,.. .N _
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 currant landowner. - -
d. Signed statements from the individual property owners shall be = y ,;
submitted with the request for a Certificate of Compliance indicating -,
that they read and understood the recorded Order of Conditions
to purchasing their property.
e. The name and address of the individualltrust 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 vir is{En statement from a q =e1sFivu bio!c'-'i�`, Certit`-'ir4g '"'''li,- compliance
� ance
with the Town of North Andovers Wetlands Bylaw and Regulations
Section 111 (E)(4)(B), page 18 for the restoration/replication areas.
i. The applicant shall periodically demonstrate compliance with the
approved Operation & Maintenance(O & M) Plan by issuing all
reports in accordance with the approved 0 & M Plan. Said
compliance shall be maintained for three consecutive years.
After successful implementation of the 0 & M Plan for three
consecutive years, the applicant shall submit a final certification
issued by a Professional Engineer, duly registered to practice
Civil Engineering within the Commonwealth of Massachusetts
that certifies to the fact of compliance with the approved 0 & M
Plan.
j. A written statement from a Registered Professional Civil Engineer and
Registered Professional Land Surveyor of the Commonwealth
certifying that the work has been conducted as shown on the plans)
and documents referenced above, and as conditioned by the
Commission.
k. An "As-Built' plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land
Surveyor of the Commonwealth, for the public record. This plan will
include:
"As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet
C:IWimvord10(',c\212-96g
DEP FILE # 242 - 968
Of any wetland resource area. NOTE: tf portions of the
stormwater systems exist partially within the Buffer Zone than
the entire str.:cture must to depicted to accurately verify
compliance.
➢ "As-Build' 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,
additic.::s, far;c—_es, shads, stone viails, pools, retaining walls,
subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing
erosion control dev _-as. = Work' includes gny disturbance of
soils or vegetation.
➢ Location of all subs�;rface utilities entering the property.
77.The following special condit:cns s"all survive tf he issuance of a Certificate
of Compliance (COG) for this project:
28" No-Disturt:.•ance Zone and a '70' No-Construction Zone shall
be established from the edge of adjacent wetland resource
areas except in those loca_'ons -,pproved under DEP # 242-
968. Future work within 1 C'0' of existing wetland resource areas
will recuire a separ ate slim wit'. tr-e NACC. The Conservation
Administrator and/or other agents of the NACC do not have the
authority to waive t"ese setbacks as established under the local
ByLaw;
Discharge or scillace of pollutams (Condition # 66);
Prohibition of underground fuels (Condition #72);
Limitations on the use Of fertilizers, herbicides, road salts, de-
icing compounds and pesticides !Conditions #73 & 74).
The attached 4Storrnwater Operations and Management Plan",
including Best Managerner-t Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan (Condition #68 .
Mas:�achuseas Departrraerrt of Envircumental Pro teC.ion 242--968
Bureau of ResourcY Protection-='Nedands
'SPA Form 5 Order of Conditions
- a:::d i`Torch A^day:e', �+r.
et:I.a.c
Massachusetts Wetlands Protection ACNIi1.G.L. C. 737, §40 Protection:: Bv, aw.
F ridings (COM-)
This Order is valid for(tree years, unless ctrerNise sMc---:f:ed Cn;his
as a special ccneiucn pu'si.ZM io GEMai Ccrdccns r$, 20 th
Ycr',ch daze of isSiarca.
Octc`�er ?.0, 1999 day of
October
Caa
,Sracn
1999
T'nis Order must be sicrad by a major-Er of tare ccnsareaucn YeY
c:mmissicn.T're Crder must be mailed by certified mail
(rerum r eCeipt fegcesiec)or hard deiiverd to the acclic:nt_ before me perscraily accearad
A copy also must I e mailed or hard del." eyed at the same Albert P. (Manzi, Jr.
time to the acprcpraLe ragicral orslca cf,`:e Cepaf�,^e^C of
Environmental Procec'--on.
to me known to be tl-ce person described in and,,Yhol executed
sicracues: the fCC2Col1 a h ii Cment and acknowledged LhaC helsie
E(2C»CEd t e same as-isiler frae aC:and geed.
.- ��k� G �t=•L� �,Z�i/� Grp�l%r���
rYIX:f/f?'�FC
j December 11, 2003
41�r C:1rRs�1cA�.cr� '
I I,' e r1 I.:IC Cr�ar is'ss,Er`: `.=acclieCrt as fC''Cws:
f , , C by I and dei'rlery cr.
l
Lire
October 21, 1999
c_;g
Appeals
The apcllc.rt,the owner,any cer;on aCCr'.ev$d by u is Order, The rsq,,upv shaH Si:i2 C:a2fl�a{C CCnG^c"f tF�CCle__ L^
any asvrar cc'ard acutt ne `z!and scd!ec:1:o thS<_ ercer,or the CrdeC'N'r,iCh is�eirc appealed and icw t,`:e Cr
does not
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.cc3t2'',are hereby rc(:r;ec Cf a eir fIC'L`.o i acc:e t i%e
VIdS�aC�Cl�caS`NEr.""anC-5�rC[Et':Gn Ac--AI-G.L.c.131, 5
apprcefraie Oeparrenc^f_ 'llrormer ial ?rOteC::Cn <a�lCral and is ircwn5is'%— 71SC, t'e'NeCiardS r?CL:Iai;CrS (3'+3 E1f1
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J'rfassec:ru. 4s Department of Environnerrtal Prote-ticn
Bureau d 'f curca Protection-- Wetlands 242-968"
WARIA-4 Appendix E - Request for Departmental Action Fee Transmittal Fare
and Norm Andover wa-T
Allassachusetts Wetlands Protection Act rUI.G.L. c, 131, §40 Prctectd o-,i s71 a'. ` -�• �
aas�tyke nr
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S. A=cy of the request si:all 3c a e sarna drre he sanz CY
cs!i;fled mail or hand deliveri cd tl"e CCrsariaccr,Czr--,M1S-
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