HomeMy WebLinkAbout242-1887, 156-172 Chestnut Street OOC - Permits #242-1887 - 172 CHESTNUT STREET 10 6/25/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1887
ILI MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131', §40 eDEP Transaction
North Andover
City/Town
A. General InfInformation
Please note: North Andover
this farm has 1. From:been modified Conservation Commission
',
with added 2. This issuance is for
space to a.Z Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements
C10 Derr ._ Welch
a. First Name b. Last Name
Important:
When;filling Cherry Properties LLC
out forms on c.organization
the PO Box 248
computer, d. Mailing Address
use only the
tab key to North Andover MA Q1845
........ ..... .... ............. . ............ ......
move your e.City/Town f.State g.Zip Code
cursor-do
not use the a. Property Owner(if different from applicant):
return key.
Andrew Silva. Trustee
r a. First Name b. Last Name
Grey Rock Condominium
c.organization
172 Chestnut Street.
d. Mailing Address
North Andover MA O71845
e.City/Town f.State - g.Zip Code
5. Project Location:
156-172 Chestnut Street North Andover
a.Street Address b.City/Town
Map 60 Lot 71
--1111111- .. ..., ...—._..._ _.. _
c.Assessors iMap/Plat Number d'. Parcel/Lot Number
Latitude and Longitude, if known: 42d67m6380s 71d11rn3136s
d. Latitude e, Longitude
w,paform5.doe•rev 511812020 Page 1 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1887
_Ws_sD0_F-ile_# __
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Ityrrown
A. General Information (cont.)
6. Property recorded at the, Registry of Deeds for(attach additional information if more than
one parcel):
Noth,ern Essex
a.County b.Certificate Number(if registered land)
1328 760
_.................... .......... .....................
c.Book d. Page
7. Dates; April 8, 2024 June 12, 2024 June 25, 2024
a. Date Notice o Intent Filed `b'.'Date IPu_bHoHearing Closed c,Date of Issuance
S. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
156-172 Chestnut Street Plot Plan of Land
a.Plan Title
Sullivan Engineering Group LLC John Sullivan, PE
b.Prepared By c S I gn e d and Stam ped by
June 11, 2024 1"=20
-dl-Fbnal Rev6sian pate e. Scale
See Attached List of Approved Plans & Documents
f.Additional Plan or Document T4[e g.Date
13. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. Public Water Supply b. [:1 Land Containing Shellfish c' H Prevention of
Pollution
d. Private Water Supply e. 0 Fisheries f. M Protection of
Wildlife Habitat
g. Groundwater Supply h. M Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. 0 the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations, This Commission 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.
wpaforrn5.doc-rev 5118/2020 Page 2 of 13
4
Massachusetts Department of Environmental Protection Provided by MassIDER
Bureau of Resource Protection - Wetlands 24 -1fi67
MassDEP File#
WPA Form 5 ®- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City[Town
B. Findings (cant.)
Denied because:
b. F] 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 worts 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
Intenit 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. Z Buffer Zone Impacts: Shortest distance between limit of project About 16'
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
s. ❑ Land Under
Waterbodies and a.square feet b.square feet c square feet d.square feet
Waterways
e,cly dredged f,cly dredged'
7. ❑ Bordering Land
Subject to Flooding a square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e..cubic feet f,cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ 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 5/1812020 Page 3 of 13 ',.
4
Massachusetts Department of Environmental protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1887
MassoEP Pile#
LAI W A Forma 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 edEP Transaction#
North ,Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts. Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. Eli Designated Port Indicate size under Land Under the Ocean, below
Area
11. ❑ Land Under the
.....................
Ocean a.square feet b.square feet
c.Oy dredged d.c/y dredged
12. ❑ Barrier Beaches, Indicate size under Coastal Beaches and/or Coastal Dunes
below
13, ❑ Coastal Beaches cu yd cu yd
a.square feet b,square feet c. nourishment d. nourishment
cu yd cu yd
14. El Coastal Dunes - ----- -- -
a.square feet b.square feet c. nourishment d. nourishment
15. ❑ Coastal Banks a. linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c!y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b,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 Wfaterbodies and
Waterways, above
a.c/y dredged b.c/y dredged 111.
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. El 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
tvpaform5.doc.rev 511'8/2020 Page 4 cfi 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File#
WPA Form 5 — Order of Conditions -- � saction"
Massachusetts W e
Wetlands Protection Act M.G.L. c. 131, §40 dtP Tram
North,Andover
B. Findings (cont.)
#23. if the 23. El Restoration/Enhancement
project is for
the purpose of
restoring or a.square feet of BVVV b.square feet of salt marsh
enhancing a
wetland
resource area 24. El Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BWV)or The following conditions are only applicable to Approved projects.
B.1 7.c(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
lt
the additional reguaory 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 to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations,
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CIVIR 10.05(11)ft
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7, Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc•rev 511812020 Page 5 of 13
4
Massachusetts Department of Environmental Protection Provided by MassiDEP:
28
Bureau of Resource Protection - Wetlands J�42-18-.7
assDEP File#
WPA Form 5 ® Order of Conditions
' DEP-�. .. ...............
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e nsaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
& This Order is not final until alll 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 finial and then has been recorded
in the Registry of Deeds or the Land Court for the district in,which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land! upon
which the proposed work is to be done. In the case of the registered Iand, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information, shall be submitted to the
Conservation Commission on the form at the,end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
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, "MassDEP"]
"File Number 242-1887 _"
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 MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA 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
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
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.
vvpaforw5.doc-rev 5118/2020 Page 6 of 13
4
Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetlands 242-1887
hAassDEP File#
LAI A 'Form) 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.I... c. 131, §40 eQEPrransactiorl#
North Andover
cityrrown
C. General Conditions 'Under Massachusetts Wetlands Protection Act cant.
17, Prior to the start of work, and if the project involves work adjacent to a. Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18, All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order,
19. The work associated with this Order(the"Project")
(1'�) ❑ is subject to the Massachusetts Stormwater Standards
( ) E is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation„ land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollutlon prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a. Registered Professional Engineer provides a Certification that:
/. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge„ and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal)of all construction period sediment trapped in inlet and outlet control structures;
/l: as-built final construction BMP plans are included,, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
X. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
vrpaform5.doc r rev 511 812 02 0 Page 7 of 13
4
Massachusetts Department of Environmental Protection Provided by MassrDEP:
Bureau of resource Protection - Wetlands 242-1887
MassDEP File##
+gi PA Form 5 ® rder of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction##
North Andover
City/Town
C. General Conditions 'Under Massachusetts Wetlands Protection Act (cant.)
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 fallowing:
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 permMee 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 alil stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5doc-rev 511812D20 Page 8 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1887
MassDEP File#
PA Form 5Order of Conditions
,7L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
F — . .._..._.
ilyfrown
C. General Conditions Under Massachusetts Wetlands Protection Act (coat.)
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 Carder 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.
I) 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):
See attatched findings and special conditions.
20. For Test Projects subject to 310 CMR 10,00(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.
%vpaform5.doo-rev 5/1812020 Page 9 of 13
4
Massachusetts Department of Environmental Protection Provided by MasslDEP:
Bureau of Resource Protection - Wetlands 242-1887
MassDEP File#
WPA Form 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Transaction#
ILI North Andover
Cityf-rown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1, Is a municipal wetlands bylaw or ordinance applicable? H Yes E] No
2. The North Andover hereby finds (check one that applies):
Conservation' Comrmissian
a. 171 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically;
''�---Municipal' ' -"O"("d"dina"n"c"e"6-r Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. E that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 190
...................
1.Municipal Ordinance of Bylaw et. seq.
3, The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control,
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
wpaform5.doc•rev 5118/2020 Page 10 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-4887
WPA or 5 — Order of Conditions
MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 jai P Transaction#
North Andover
city!'rown
E. Signatures _Z,----74
This Order is valid'for three years, unless otherwise specified as a special }
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.
This Order must be signed by a majority of the Conservation Commission. 2. Numb r 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.
_...... ...........
Signature .... Printed Nam
KAv
Signature , � Pri�ted,Name
� � � d
Signatur Prin d Nam
Signatfr r Printed Name
Sign s w„ Printed Name
"A'
Signat a �,� 4 ���� "` Print d N77.5
Signatur Printed Name
Signatu Printed Name
El by hand delivery on by certified snail, return receipt
requested, on
Date Date
wrpafomt5.doc•rev 8t3f2023 Page 11 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1887
MassDEP File#
WPA Form 5 — Order of Conditions
LI I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
cityrrown
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 CIVIR 101.03(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 CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
vr aforrn5.doc•rev 5118/2020 Page 12 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 242-1887 -
P+IlassnEF�File#
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ebFr fransaction.. ....
North Andover
CityA own
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.
No .. ... .......... ...... ........... .....__.... .. .. ..._.. .................. _......._.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Needs and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
156-172 Chestnut Street 242-1887
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
for: Andrew Silva, Trustee
......._.__.------
Property Owner
and has been noted in the chain of title of the affected property in:
1328 760
Book Page
In accordance with the Order of Conditions issued on:
06-25-24
Date _..
If recorded land, the instrument number identifying this transaction is:
lnstrument Number
If registered land, the document number identifying this transaction is:
bnnunrent Number
Signature of Applicant
Nvpa1orm5.doc•rev 5 IMD20 Page 13 of 13
156-172 Clrestntit Street - DEP FILE # 242 - 1887
The North. Andover Conservation Commission (hereinafter the "NACC") sets forth the
following findings of fact;
Current Project Site Conditions: The project site consists of a 4.17-acre parcel of land located
off of Chestnut Street(Assessors Map 60 Lot 71) in North Andover, Massachusetts and is
known as 156-172 Chestnut Street, Grey Rock Condominiums. The site presently contains
three (3) multifamily condominium units and is zoned as a Residence 3 District.
Jurisdictional Wetland Resources:
The NACC agrees with the delineation of the following wetland resource areas as observed
and adjusted in the field by Conservation Field Inspector, and reflected on the final
approved plan. These resource areas are significant to the interests of the Act and Town
Bylaw. The applicant has not attempted to overcome the presumption of significance of
these resource areas to the identified interests of the Act and the Bylaw.
• Isolated Vegetated Wetland (IV ) -.. Wetland Flags Al - 6A-1
• 100-Foot IVW Buffer Zone
o The property does not lie within NHESP Priority or Estimated Habitat
• The property does not lie within the 100-year floodplain
There are no perennial streams within 200' of the property
Therefore, the NACC hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent the conditions
shall control.
G1 NEIxAL CONDITIONS
20. The proposed work includes. the demolition of an existing residential building,
recently damaged by a flash flood event, within the "Grey Dock Condominium"
development, and the construction of a new duplex residential building, shared paved
driveway, rear decks with patios beneath, a crushed stone infiltration trench and
raingarden to mitigate driveway and roof runoff, and site grading within 100 feet of
an Isolated Vegetated Wetland (IVW). The existing residential duplex, built in the
mid-1970s is approximately 16' from the IVW at its closest. The new building is
proposed to meet all wetland setbacks established by the local Bylaw, and will be 52'
from the IVW at its closest. The 25' No-Disturbance Zone will be permanently marked
with a post-and-rail fence and allowed to naturalize per Special Condition #67 below.
156-172 Chestnut Street DEP File 11242-1 RS7 MCC'Findings&Special conditions
Page 1 of 14
156-172 Chestnut Street- DEP FILE # 242 - 1.887
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent: dated March 29, 2024 (staniped received April 8, 2024) with
associated attachments, filed by:
a Applicant: c/o Gerry Welch
Cherry Properties, LLC
PCB lox 248
North.Andover, MA 01845
• Property Owner: Andrew Silva, Trustee
Grey Rock Condominium
172 Chestnut Street
North.Andover, MA 01845
a Representative: John Sullivan, PE
Sullivan Engineering Group, LLC.
PO Box 2004
Woburn, MA 01888
o Wetland Consultant: Maureen Herald
Norse Environmental Services
2100 Lakeview Avenue, Unit 3A
Dracut, MA 01.826
a Record Site Plans: Prepared by Sullivan Engineering Group, LLC:
o 156--1.72 Chestnut Street-Plot Plan. of Land, scale 1"=20', signed & stamped
by John Sullivan, PE, - revised June 11, 2024;
o Raingarden.Planting, scale 1"'=1.0, signed & stamped by John Sullivan, PE -
revised April 29, 2024,
• Other Record Documents:
o Unit 1 & 2 @ 156-172 Chestnut Street- Post-Construction Storrmwater
Maintenance Plan, Prepared by Sullivan Engineering Group, stamped
received June 3, 2024
22. The term "Applicant"' as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property (i.e. the project site as
described above) referenced in the Notice of Intent, supporting documents, and this
Order of Conditions, The NACC shall be notified in writing within 30 days of all.
transfers of title of any portion of property that takes place prior to the issuance of a.
Certificate of Compliance.
156-172 Chestnut street DEP Tile 11242-1887 NACC Findings&Special conditions
llat e2oflei
156-172 Chestnut Street - DEP FILE 4 242 - 1887
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be, deemed cause to revoke or modify this Order.
25. 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 Environrnental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable tirnes 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 resurne until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26, This Order does not relieve the permittee or any other person of the necessity of
cornplying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date
of this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least!him
days (30) prior to the expiration date of the Order (Refer to Sectioll 8.3) of the North
AMover Wetlfliid Regulatiojis).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions,
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31, The NACC finds that the intensive use of the upland areas and buffer zone can cause
further alteration of the wetland resource areas. Therefore, in order to prevent any
alteration of wetland resource areas a twenty-five foot (25,') No-Disturbance Zone and
156-172 chestnut Street DEP File#242-1887 NACC Findings&Special Conditions
Page 3 of 14
156-172 Cliestnut Street - DEP FILE #242 - 1887
a fifty foot (50') No-Construction Zone shall be established from the edge of the
adjacent Isolated Vegetated Wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. (See Section 3.4 &Appeiidix F of the local Regulations).
32. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
33. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree, to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
34. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
TO CONSTRUCTION
35. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
36. This Order shall be recorded, in its entirety,by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property, In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the,Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
156-172 chestnut Street DEP File 11242-1887 NACC Findings&Special Conditions
Page 4 of 14
156-172 Citestutit Street- DEP FILE 9 242 - 1887
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.
37. Once the Order is recorded and a current W9 form is provided, a check payable to the
Town of North Andover shall be provided in the amount of severe thousand dollars
($7,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local Bylaw.
38. The applicant shall designate and engage a wetland scientist, professional engineer or
other qualified environmental professional, as an"Erosion Control Monitor" to
oversee regular inspection or replacement of sedimentation control devices and any
emergency placement of controls. Proof of the retained monitor must be submitted to
the Conservation Department on letterhead/entail by the retained consulting firm in
time for the pre-construction meeting. Contact information for the erosion control
monitor shall be forwarded to the Conservation Department in time for the sit-down.
meeting. This person shall be given the authority to stop construction for the
purposes of correcting problems with erasion control. The Erosion Control Monitor
will immediately notify the Conservation agent of any matter that requires attention
by the Commission or the agent. The erosion control monitor must be available
during any 24-hour period, including weekends in case of an emergency. The erosion
control monitor will be required to inspect all such devices and oversee cleaning and
the proper disposal of waste products. Cleaning shall include removal of any
entrapped silt.
39. At least once during each week in which construction activities occurs on-site, and for
as long thereafter as ground remains unsta:bilized, 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
following a major storm event of 1I2" inch of rain or greater (24-hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
156-172 Chestnut Street DL;P File 4242-1887 NACC Findings&Special conditions
Page 5 of 14
156-172 Clhestnut Street r DEP FILE 4 2 2 - 1887
40. All dewatering activities and BMPs shall be inspected and monitored by the
designated erosion control monitor. No discharge of water is allowed directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland bylaw. if other emergency de-watering requirements arise, the applicant
shall submit a contingency plan to the Corm-nission for approval, which provides for
the pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
41. Prior to construction and in time for the on-sitepre-construction meetin the
following shall be implemented/prepared for Conservation Department inspection:
a. A detailed construction sequence/schedule that includes all milestones,
including but not limited to: erosion control installation, construction entrance
installation, demolition timeline, utility connection,wetland enhancement
plantings, earth work, excavation, final site stabilization, etc....;
b. A contact list for all responsible parties for site development and monitoring
phases. Contact list shall include names, role, cell and office phone numbers,
mailing addresses and email addresses.
c. A sign shall be displayed at the site, visible from the traveled public right of
way, not less than two square feet or more than three square feet in size bearing
the words "Massachusetts DEP,File Number 242-1887."
d. All erosion control measures,which shall consist of a landward row of 12"
mulch socks at the limit of work and a second row at the limit of the 25' NDZ
once all work is completed within the 25' NDZ shall be property installed
between all construction areas and wetlands as shown on the approved plan
set.
e. The proposed dewatering BMPs shall be installed and ready to function as
shown on the approved plan.
f. Construuction personnel parking, trailers or other various vehicles or
construction equipment shall not be parked or stored on the wetland side of the
erosion controls. As detailed in the plans, once all demolition activities have
been completed, erosion controls shall be set along the 25' No-Disturbance
Zone.
g. Wetland flagging shall be checked in the field prior to the on-site pre-
construction meeting and shall be re-established where missing. All wetland
flagging shall remain visible and enumerated per the approved plan(s)
throughout the life of the project and until a Certificate of Compliance is issued
so that erosion control measures can be properly placed and wetland impacts
can be monitored. Such barriers shall be checked and replaced as necessary and
shall be maintained until all construction is complete.
h. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 50 feet of 12" Mulch Soxx covered from the
elements. 'These extra erosion controls shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of
1.56-172 Clkestnnt S'treel DFP pile#242-1887 NACC Findings&'Special Conditions
Pa go 6 of 14
156-,172 Chestnut Street- DEP FILE # 242 - 1887
erosion. The NACC or its Agent shall have the discretion to require additional
emergency erosion control BMP"s to be brought to the site and/or installed if
deemed necessary.
i. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals
required for this project, or phases of the project where appropriate, and no
work within the Commission's jurisdiction shall commence until all other
state or local permits, approvals, and variances have been obtained. This is
to ensure that impact to jurisdictional areas is avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining
the integrity of the resource area or buffer zone until such time all approvals
are granted. The Building Permit application shall be submitted and in the
queue prior to the on-site pre-construction meeting.
42. The erosion controls, shall serve as the limit of work. Workers should be informed that
no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any tinie.
43. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office and shall arrange an on-site conference
with a NACC representative,the contractor, erosion control monitor, project
engineer and the applicant to ensure that all of the Conditions of this Order are
understood. A reasonable period of time shall be provided as notice of the pre-
construction meeting (e.g., 72 hours).
44. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting frorn this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
45. 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.
46. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to, transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
156-172 Chestnut Street DEP File 4242-18 87 NACC I-'inditigs&Sl)ccia]Coliditiotis
Page 7 or 1.4....
156-172 Chestnut Street- DEP FILE # 242 - 1887
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.
11�STORMWATER MANAGEMENT CONDITIONS
47. 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.
48. Water quality in down gradient wetland systems shall not differ significantly
following completion of the project from the pre-development conditions. There shall
be no sedimentation into wetlands or stormwater management systems from
discharge pipes or surface runoff leaving the site.
49. The applicants, owners, and their successors and assignees, shall maintain all
storrawater BMP's, and elements of the rain garden in compliance with the Post
Construction Stormwater Maintenance Plan, in order to avoid blockages and siltation
which might cause failure of the system and/or detrimental impacts to any nearby
resource areas, and shall maintain the integrity of vegetative cover on the site.
Evidence of maintenance (i.e. invoices, logs, reports) shall be furnished to the
Conservation Department upon request.
LIURING CONSTRUCTION
lig 1:1 ilil�goiolj�wl mt i 1! !�;:!g 1
I IMENEENEEM
50. After the existing building has been demolished, the applicant shall permanently mark
the 25' No-Disturbance Zone with (4) wetland markers to be installed along the
proposed post-arid-rail fence. Markers shall be installed at equal intervals, starting
upland of Wetland Flag 4A-1 and extending to the southern property line, bearing
markers reading: "Protected Wetland Resource Area" at a ratio of one square marker
for every three round markers. This will designate the wetland resource sensitivity
and assure no further inadvertent encroachment into the wetland. Prior to installation
in the field, the placement of these permanent markers shall be subject to review and
approval by the Conservation Administrator. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant. These markers shall remain posted and be replaced as
necessary in perpetuity. Said markers are available for purchase in the Conservation
Department at Town Hall.
156-172 Chestnut Street DLP File#242-1887 NACC Findings&Special Conditions
Page 8 of I el
156-172 Cliestutit Street - DEP FILE #242 - 1887
51, In order to prevent compacting soils and reducing infiltration capacity, at no time
during construction shall any construction access/vehicle traffic be allowed over the
area where the rain garden is proposed,
52. Any additional proposed landscaping within jurisdictional resource areas/buffer
zones shall consist of species native to New England. Landscaping outside
jurisdictional resource areas shall consist of species that are non-invasive in all
respects. Prior to implementation, a final landscape plan with plant schedule, shall be
submitted to the NACC/Conservation Administrator for review and approval.
53. Upon beginning work, the applicant/monitor shall submit written progress reports
every month detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
54. Any imported fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to roots, concrete, other non-
soil constituents, and other deleterious or compressible materials lumber, bricks,
plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete,
recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing. Any fill imported to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness - whichever is most applicable as
determined by the Conservation Commission or its staff. Any soil
amendments imported to the site shall be obtained from a responsible source, to avoid
introducing invasive organisms into the resource area, and any imported mulch shall
be all natural & free of any dyes,
55. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch bay. All disturbed areas must
be graded, loaned and seeded prior to November 1st of each year. Outside of the
growing season, beyond November 15th of any construction year, exposed soil finish
grade surfaces shall be stabilized with a layer of mulch hay, straw, tackifier or
biodegradable erosion control blanket (as appropriate depending on slope, or other
conditions etc...} until climate conditions allow for seeding. During construction, any
area of exposed soils that will be left idle for more than 30 days shall be stabilized with
a layer of mulch hay or other means approved by the NACC.
56. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent public roadway, it will be swept
up daily.
156-172 Chestnut Street DET File#242-1887 NACC Findings&Special Conditions
Page 9 of 14
156-172 Chestnut Street- DEP FILE # 242 - 1887
57. No re-grading in the buffer zone shall have a slope steeper than 2:1. (horizontal:
vertical), unless otherwise shown on approved plans referenced herein.
58. Construction materials and excess soils shall not be stored or stockpiled within
jurisdictional wetland resource areas. At no time during demolition or construction
shall stockpiling of soil or any other materials occur on the wetland side of the erosion
controls.
59. 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 clunipsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. All
dumpsters must be covered properly when not in use. No dumpsters will be allowed
within 25' of jurisdictional wetland resource areas.
60. In order to mitigate for previous wetland disturbance, and to help the wetland re-
naturalize after structures are relocated, the following actions shall be required tinder
this Order of Conditions:
a. All man-made features within the 25' No Disturbance Zone and the wetland
shall be dismantled, and any stones shall be dispersed within the previously
disturbed areas adjacent to the wetland. All landscape fabric shall be removed
from the wetland resource area and the 25' No-Disturbance Zone.
b. After the demolition work has been compjqtejd� the applicant shall install no
less than ten (10) native shrubs chosen from the list below along the edge of the
existing lawn. New England Wetland Seed Mix shall be broadcasted within the
wetland area itself. Invoices for the shrubs and seed mix shall be provided to
Conservation Department staff before planting and seed application occur.
Installation of the plantings shall be overseen by the erosion control monitor.
The restoration plantings shall be left to,naturalize,
Natives Shrubs-chose ten (10) to install along the edge of existing lawn
Scientific Maine Common Name
Pr uints vhWiniana Chokecherry
Photinia nielanocarpa Black Chokeberry
Ceplialanthus occidentalis Buttonbush
Clethra alnifolia Sweet Pepperbush
Coiiiptoifia peregrinn Sweet Fern
cornus a1110111111n Silky Dogwood
Corpus raceiiiosa Gray Dogwood
Connis sericea ------- Red-osier Dogwood
Corylus arnericana American Hazelnut
L.flex verticillat(7 Cornmon Winterberry
156-172 Chestnut Street DEP File 4242-1887 NACC Findings&Special conditions
Page 10 of 14
156-172 Chestnut Street- DEP FILE # 242 - 1887
Lindera Mizoin S icebush
Rliododeiidroii canadense Rhodora
.............. ..........
Rhododendron viscostnii Swamp Azalea
Salix discolor Pussy Willow
Saiubticits caiiademis Elderberry
Spiraea alba var. latifolia Meadowsweet
................
Vaccin,ho,ii coryiiibostii)i Highbush Blueberry
Vibttrinnn clentativii Arrowwood Viburnum
Vibtirinn)i optiltis var. a)iiericawti)i American Cranberrybush Viburnum
Ilex glabra Inkberry
Kahnia latifolia Mountain Laurel
Myrica pensylvanica Bayberry,Wax Myrtle
61. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
62. 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.
FTEI CONSTRUCTION
63. No underground storage of fuel oils shall be allowed on the lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
64. 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.
65. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
66. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris
into a wetland resource area or the 25-foot No-Disturb Zone, This condition shall
remain in perpetuity.
1.56-172 Chestnut Street DEP File H242-1887 N ACC I,'iiidiiigs&Sl)ecia]Coiiditioiis
Page I I of 14
1.56-172 Cliestnut Strect- DEP PILE # 242 - 1887
67. The restoration planting area shall be left to naturalize and shall not be subject to
routine residential landscaping practices. This condition shall remain in perpetuity.
68. The Post-Construction Stormwater Maintenance Plan shall be adhered to in
perpetuity. This shall include maintaining and repairing (as needed) the post- Ind--rail
fence intended to protect the rain garden area. Evidence of maintenance (i.e. invoices,
logs, reports) shall be furnished to the Conservation Department upon request.
69, Stockpiling of snow, or other materials, in the rain garden area is prohibited.
70. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
looming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. 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.
73. 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 gA - "Request for a. Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number,
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. A written report summarizing pH monitoring results collected throughout the life
of the project;
156-172 Chestnut Street DEP file ff242-1887 NACC findings&Special conditions
Page 12 of 1 4
156-172 Chestimt Street - DEP FILE 4 242 - 1887
j. An "As-Built" plan prepared and signed and stamped ley Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" Post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line,showing the limit of work and the extent of existing erosion control
devices. "'Work" includes ALiy disturbance of soils or vegetation,
Location of all subsurface utilities entering the property,
74. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones) The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw (Condition #31);
Adherence, to the Stormwater Operation and maintenance (Conditions #49
& 68);
Resource Area Markers (Condition #50)�;
Restoration plantings left to naturalize (Conditions #60b. & 67);
Discharge or spillage of pollutants (Condition#62);
Prohibition of underground fuels (Condition #63);
Limitations on the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #64 & #65);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or the 25-foot No-Disturb Zone (Condition #66);
No stockpiling of snow within the rain garden (Condition #69);
Prohibition of the use of coal tar-based products for paving (Condition #70),
156.172 Chestnut Street DE11 File#242-1887 NACC Findings&Special Conditions
Page 13 of 14
156-172 Chestnut Street- DEP FILE # 242 - 1887
APPENDIX A-AFFIDAVIT
on oath do hei-eb), depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONT BLOCK)
1—_ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions..........
have been placed upon by (DEP or NACC nunibet)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions-..
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3,. Illereby affirm and acknowledge that have received said Order of Conditions-___
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this_—day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed tinder the pains and penalties of perjury this day of
(Signature-authorized agent of applicant or owner)
150-172 ClicsWu(Streel DFP File 4242-1887 NACC Fiiidiiigs(V,,Sl)ecialCoslditiolis
Page 14 or 14
Sullivan Engineering Group, LLC
OvilEngineeis& Land Develolm?eW Cmisullant,5
Unit 1 +2 @ 156-172 Chestnut Street
Post-Construction
Stormwater Maintenance Plan
Beginning with the construction of the drainage system, and continuing in perpetuity thereafter, the owner(s)
of the site shall maintain in accordance with the following schedule:
a. Driveway sweeping and snow plowing_Pavement and walkways shall be swept in the early spring
immediately after snow inelt and at least twice other times annually. Snow shall be plowed onto the
grassed areas outside of the 100 foot Isolated wetland buffer zone. Sediments shall be removed from
snow storage areas in the early spring, In no case shall snow be plowed or stored in the rain garden
area.
b. Paving Paving shall be maintained in good condition to channel surface IIIIIOff into tile Crushed
stone drip edge pretreatment area
c. Roof drain inlets, downspouts, and roof drain pipes - All components of the roof drain collection
system shall be inspected at least 3 times pet,year. Sediments and debris shall be removed and
disposed of in accordance with all applicable federal, state, and local laws. Any components that
become dan-raged shall be repaired or replaced immediately upon discovery to assure proper
conveyance of stormwater runoff into the subsurface infiltration system.
d. Rain Garden—The level of water in the Rain Carden shall be monitored during and after heavy rain
storms at least 3 times per year during the first year of operation and at least twice annually thereafter
for evidence of clogging or other problems. The emergency overflow devices (spillway) shall be
monitored to insure each is functioning properly and free of any obstructions.
c. Vegetation shall be maintained in healthy condition to prevent erosion and sedimentation in the
drainage system and off-site wetland resource areas, The vegetation in the 'Rain Gardens" shall be
maintained as native plants and/or shrubs, and shall not be converted to a mowed lawn or other use.
Additionally, the post and rail fencing partial surrounding the rain garden shall be inspected 3 times
pet-year to insure the fencing is intact,
f. Emergency Overflow spillway shall be inspected 3 time,,per year to insure any debt-is, trash,
accumulated sediment, or leaves is removed and properly disposed of to insure functionality of this
area.
PO Box 2004 Woburn, MA01888 (781) 854-8644 email: jacksull53@corncast.net