HomeMy WebLinkAbout242-1901, 1250 Osgood Street OOC - Permits #242-1901 - 1250 OSGOOD STREET 12/20/2024 4
Massachusetts Department of Environmental Protection Provided by MassaEP;
Bureau of Resource Protection - Wetlands 242-1901
MassDEP File#
WPA Form 5 - Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction x
North Andover
City/Town
A. General Information
Please mote: North Andover
this form has 1. From: ____....__............._ ...._,_......_._...... —
been modified Conservation Commission
with added 2, This Issuance Is for
space to a. ® Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Manof Gandhi
a.First Name b. Last Name
Important: Osgood Street, LLC 1250 Os
When filling g
out forms on c.Organization
the 350 E. Main Street
computer, ..__use only the d Mailing Address
tab key to Milford MA 01747
_ _ ..._.... _ ......... - .. .._.._ ._
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
Manoj Gandhi
rQ a.First Name b.Last Name
Milford Learning LLC
c.Organization
350 E. Main Street
-d.. ...Mailing Ad__._dress...__...... ..... - ---- -
Milford MA 01747
e.City/Town _....._. _....._____.. f.State g.Zip Code
5. Project Location:
1250 Osgood Street North Andover
a.Street Address b.City[Town
Map 35 Lot 10
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d71 m8340s 71 d11 m3130s
_......._ .._......
d. Latitude e.Longitude
wpaform5.doc•rev 5/18/2020 Page 1 of 13
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Massachusetts Department mf Environmental Protection Provided uYmaomosp: |
Bureau of Resource Protection - Wet(@OdS 242-1001
����� � � Order � Conditions
w�u °� Form � ~— "����� ��n "��D��UuUons
ILI Massachusetts Wetlands Protection Act K8.G.L. C. 131, §40 nbEP Transaction#
North Andover
A. General Information (cont.)
0. Property recorded at the RgQiabY of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registered land)
13422 15
c.Book d. Page
August 1 2024 December 11 2024 Oooennber2U 2024
7. Dates:
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
V. Final Approved Plans and Other Documents (attach additional plan or document references �
as needed): �
OhUdC Fed|i Site P|
a.Plan Title
Merrimack Engineering Vladimir Nannchenook.PE; Gbapen
bPmp md8y Sta i ek| PLS �
Novennher25 2024 1°=30'
Soe attached list of other approved documents
f.AdMio-nal-0lan-or-Document Title g.Date
B. �-���~���� �
��. Findings
~~. ~° �
�
|
1, Findings pursuant to the Massachusetts Wetlands Protection Act: �
�
Following the review ofthe 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 mnaaa in which work is proposed is significant bo the following interests of the Wetlands �
Protection Act(the Act), Check all that apply: �
o
u Prevention of
�
�� Public h �l Land � ��
��
� �� � �� Pollution �
d. E Private Water Supply e. Fisheries f. 0 Protection of
�
Wildlife Habitat
g. E Groundwater Supply In. Sh)nn Damage Prevention i, E Flood Control
�
2. This Commission hereby finds the project, aapr000aed. is: (ohackonoofthefoUowingboxeo)
Approved subject to:
|
a. N 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
he performed in oocVn]anos with the Notice of Intent referenced above, the following �
General Conditioos, 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|ntent, these conditions eho|| control.
�
�
op"for"ov='rev nxumom Page amm
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Massachusetts Department of Environmental Protection Provided byMu* nEP:
`
Bureau of Resource Protection - Wetlands 242-1801
MassDEP File
������ � � Order � Conditions
m�n ^� Form � — v��^���� ��m `����m�U�Uons
K8oseaohUeettoVVeUandaProtection Act K8�(�.L. o. 131. §40 eDEpTmneu000n#
North Andover
B. Findings (cont.)
Denied because:
h. 171 the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is Submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet|o attached tothis �
Order. �
�
c [l the �
�
or the effect of the work on the interests identified in the Wetlands Protection Act.
�
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are /
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is |
attached tothis Order as pmr31O CK0R 10.05(8)(c).
J. 0 Buffer Zone impacts: Shortest distance between limit ofproject 25' �
disturbance and the wetland resource area specified in81OCW1R1O.82(1)/a\ a�|inear�a� �
` '` ' �
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) �
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4 Bank
� ���� �j��m,���-- l�������—' �������-- d.ionea,feet
��
5. Fl Bordering
Vegetated Wetland o.square feet b.square feet G.square feet v.square feet
V Land �
� �Fl~ �
VVoherbndiesond a.square feet b.square feet c.square feet V,square feet '
Waterways
7� LJ Bordering Land
Subject hoFlooding a.square feet u.square feet o.square feet u.square feet |
�
Cubic Feet Flood Storage e_cubic feet
-- ?.cubic feet g.cubic-- feet
/h.'cubic feet
��- |
& 17 Isolated Land �
Subject hoFlooding m.square feet ».square feet '
/
CuNo Feet Flood Storage 'c.cubic feet
-- d.cubic feet — e.cubiG feet_— l.cubic feet
-- /
|
R. Fl RiverfrontAree
a.total sq.feet b.total sq.feet
Gqft within 1O0ft
c.square feet d.square feet e.square feet f.square feet
Sqft between 10O'
200ft 8.square feet h.square feet |.square feet j.square feet
wpafnm5,*='rev m/oomn Page^*1a
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1901
MassDEP Fite#
WPA Farm 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
ity/Town
B. Findings (cont.)�
C
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13, ❑ Coastal Beaches _ cu yd cu yd
a.square feet b,square feet c. nourishment d. nourishment
14, ❑ Coastal Dunes cu yd cu yd__
a.square feet b.square feet c. nourishment d. nourishment
15, ❑ Coastal Banks a. linear feet b.linear feet
M 0 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
1g. Fj Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.Uy dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft _._ ..... _ ..................__. _..._. ...... ._
c.square feet d square feet a square feet f,square feet
Sq ft between 100-
200 ft g.square feet h square feet L square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242'1Q01
����� � � Order � �� �~�.
�mu ^� Form � — .����� ��u ~�����UoUons
Massachusetts Wetlands Protection Act K0.G.L. c. 131. G40 aoEp Transaction o
North Andover
B. Findings (cont.)
~#23. |fthe 23 Restoration/Enhancement
pn4e�iafor
� �Fl�
the purpose o[
restoring or
enhancing ' square
wetland
resource area 24. El stoaomCroao|ng(n):
m addition to
the square
-------------------
footagemat a.number w new stream crossings number v/replacement stream crossings |
has been
C. GeneralConditionsUnderMassachusettsWetlandsProtectionActon8n�d|o |
SmXione.5.0 �
(BVW)m '
B17�;«;o|� The 6nUwxxinQconditions are only appUomb|wum Approved p�geots. �
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other �
please entthe er
regulatory measures, shall be deemed cause to revoke or modify this Order. �
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not �
authorize any `| �uryto private property or of |i8h��� �
� �
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 atatuhao, ondinancoo, bv|avve, 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: i
g. The work iea maintenance dredging project aspnov|dedforintheAut; Vr
b. The time for completion has been extended to a specified date more than three years, �
but |mom than five ymaro, from the dote 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 osa special condition in this Order. �
u. |f the work is for Test Project, this Order 0fConditions 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 e Test Project may be extended for one
�
additional year only upon written application bv\h�opp|ioant. ou��c�toth� provieionaof31O
^ ' |
CMR 10.05(11)(D.
8. 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 mhuUbeo|nanfiU. AnyOUshoUconbainnntresh. �
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 ufthe
foregoing.
wpafoma.wm^rev onw202.o Page nmm
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1901
MassDEP File#
WPA Form 5 — Order 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
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds 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 narne of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form 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"I
"File Number 242-1901 "
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.
wpaform5.doc rev 511812020 Page 6 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1901
MassDEP File#
WPA► Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transactioni..
North Andover
C ityTTown
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.
% The work associated with this Order(the"Project")
(1) ® is subject to the Massachusetts Stormwater Standards
(2) ❑ is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
is all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii, any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1901
MassDEP He#
L(�14 WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
_ ._...__ _.._..................
C._.. _ityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all past-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc rev 611 812 02 0 Page 8 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
L'),
Bureau of Resource Protection - Wetlands 242-1901
1MassDEP File da� WPA Form Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eoEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3)consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited,
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassmEP:
Bureau of Resource Protection - Wetlands 342-1901
����� � � Order � �� �.�~
m�u �� Form ~� �� �����K�� ��n ������^uU�Uons
Massachusetts Wetlands Protection Act W1.G.L. u. 131. 840 aosp Transaction#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |em municipal wetlands bylaw or ordinance applicable? 0 Yes 1771 No
n The North Andover hereby finds (check one that app|iea\:
Conservation Commission
a. n that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
1. Municipal Ordinance or Bylaw o]Citamon --
Therefore, vvorkonth|mpr project �
` �
Intent is submitted which provides measures which are adequate to meet these �
standards, and a final Order of Conditions iaissued.
�
b, Z that the following additional conditions are necessary to comply with a municipal �
ordinance nrbylaw: �
North Andover Wetlands Protection Bylaw& Regulations Chop. 190 �
�
� Munm/pa/ummano*uruy/ew ecsuel.����� �
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 specifications, or^ . ' �
the Notice of|nhant {h�oondiUnnsmh�Ucontrn|
. . �
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach o text donumenU: �
North Andover Conservation Commission Findings & Special Conditions �
�
�
�
�
�
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Massachusetts Department of Environmental Protection Provided by MassDEP:
-1901
_ Bureau of Resource Protection - Wetlands _ .242-- _.. ......_
< 11VF'A Form v _ Order of Conditions MassDEPFiie#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special _J . .. ............._
condition pursuant to General Conditions#4,from the date of issuance. 1. Date suance
Please indicate the number of members who will sign this farm. P—s
This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
.�^
{ t Sfgha
ure .�� _ .. � �"".""""..' Printed Na e
�, . Nam
Signature Printed Name �
g r° ... — Printed N -.
Si nature Name
,L,
-
Si nature Prnt®dNtame
I
r � a
Signature Pr ted Name
Signature /' (, Printed Name
Signature Printed Name
Signature Printed Name
by hand delivery on by certified mail, return receipt
requested, on
Date Date
vrpaform5.doc•rev 8/3/2023 Pagel 1 of 13
4
Massachusetts Department of Environmental Protection Provided by MassGFP:
Bureau of Resource Protection - Wetlands 1 4 1901
MassDEP File#
LI I WPA Form 5 - Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North
Transactiont�
North Andover
City/Town
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant,
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaforrn5.doc•rev 5118/2020 Page 17 of 13
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Massachusetts Department Vf Environmental Protection Provided byMansDBP:
Bureau of Resource Protection -Wetlands 242'1801
����� � � ���� � Conditions
mru �� m ����� ~, �� ��: v���� K�n ����KU���uUons
Massachusetts Wetlands Protection Act M.G.L. C� 131` 64O mDEPTmnsad|vn#
North Andover
G. Record~ng 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 ofrecorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below,
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation |
Commission.
__ _ _ ___ _ __ _ _ _ _ _ _
T»:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project aL �
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250 Osgood Street 242'1801
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of: |
Northern Essex
County Book Page
for '~~''
Property Owner
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and has been noted in the chain of title of the affected property in: �
13422 15 �
Book Page
|n accordance with the Order of Conditions issued on: �
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|f recorded land, the instrument number identifyingthis transaction is:
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1250 Osgood Street- DEP FILE #242-1901 Order of Conditions
The North Andover Conservation Commission (hereinafter the "NACC") sets forth the
following findings of fact;
Current Project Site Description & Conditions: This is a 2.3 acre parcel with an existing one
story restaurant building (R.I.P. Hokkaido) built in the early 1950s. The existing site includes
58,209 square feet of impervious area. The existing building is currently serviced by Town
sewer and water. Portions of the existing parking lot fall within the 100' Buffer Zone and the
50' No-Build Zone associated with a wetland resource area at the back of the property.
The wetland at the rear of the property is highly degraded, impacted by filling and grading
to accommodate the existing parking lot. The wetland and buffer zone slope is also degraded.
with glass debris and other various trash items. There are currently no stormwater
management or drainage devices located at this site. Stormwater runoff drains untreated to
lower portions of the property conveyed by cape cod berms.
Project Site Permit History_
The project site has been subject to previous permitting with the NACC, which includes the
following:
e ORAD, DEP File No. 242-1883- confirming wetland delineation-issued March 2024
Project Site Existing Conditions:
Jurisdictional Wetland Resources: The NACC issued an Order of Resource Area
Delineation (GRAD), DEP.File #242-1883, on.March 18, 2024 confirming jurisdictional
wetland resources regulated under the Massachusetts Wetlands Protection Act and the
North Andover Wetlands Protection Bylaw located on the project site, which include:
• Bordering Vegetated Wetland (BVW) -- WF's#l A through 414A,
• 100-Foot Buffer Zone (a jurisdictional resource regulated under the Bylaw).
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.
Notice of Intent DEP File #242-1901 Procedural History;
On August 1., 2024, the NACIC received a Notice of Intent and associated attachments,
stormwater management report, and site plans for proposed work at 1250 Osgood Street.
The NACC held the public hearing at its October 23, 2024 and December 11., 2024 meetings.
Horsley Witten(HW) performed a third-party peer review of the proposed stormwater
management plan and calculations on behalf of the Town. HW provided the following
review letters dated: 07-31-24, 10-28-24, 11-11-24. The applicant responded with letter and
revised materials dated 10-10-24 & 11-05-24.
1250 Osgood Street DEP Fife##242-1901 14AC:C,'Findings&Special Conditions Order of conditions
Page 1 of 16
1250 Osgood Street - DEP FILE #242-1901 Order of Conditions
The Planning Board received and processed Site Plan Review and Parking Special Permit
applications and issued an approval decision on December 3, 2024,
At its December 11, 2024 meeting, having received sufficient information, and there being no
further need for supplemental information and no remaining questions from the NACC or
the public (no public comment was received), the NACC voted 6-0-0 (6 in favor, 0 opposed,
and 0 abstentions) to close the hearing and issue an Order of Conditions within 21 days. The
NACC reviewed and amended a draft Order of Conditions that same evening, and voted 6-0-
0 (6 in favor, 0 opposed and 0 abstentions) to issue an Order of Conditions, Findings of Facts
and Special Conditions approving the project under the Massachusetts Wetlands Protection
Act and the North Andover Wetlands Protection Bylaw.
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.
GENERAL CONDITIONS
20, The proposed work includes: Demolish the existing building and redevelop the site
with a 2/3-story daycare facility and offices. Work proposed in the Buffer Zone
includes parking lot improvements/reconstruction, grading, rip rap slope and swale.
No work is proposed within the 25' No-Disturbance Zone - rip rap comes up against
the 25' NDZ. Stormwater improvements include yard drains, roof drains, catch basins
and subsurface infiltration chamber (61 chambers, Cultec 2801-11)). Existing paved
parking is currently within the 50' NBZ and will be slightly reduced in footprint
within this zone.
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 July 31, 2024, with associated attachments, filed by:
o Applicant: Manoji Gandhi
1250 Osgood St., I.
350 E. Main Street
Milford, MA 01747
o Property Owner: Manoji Gandhi
Milford Learning, LLC
350 H. Main Street
Milford, MA 01747
• Representative:
1250 Osgood Street DEP File#242-1901 NACC Findings&Special conditions Order of conditions
Page 2 of 16
1250 Osgood Street- DEP FIIX #242-1 J01 Order of Conditioilis
o Stephen.Stapinski
Merrimack Engineering;Services
66 Park.Street
Andover, MA 01.$10
• Record Site Plans: "Child Care Facility Site Plans" prepared by Merrimack
Engineering;Services, 7 Sheets, signed and stamped by Vladimir Nemchenok, PE &
Stephen Stapinski, PLS, scale as shown,revision dated 11-25-24;
m Record Stormwater Management Report: "Stormwater Management Report" and
associated attachments, prepared for Andover Learning, prepared by Merrimack
Engineering Services, signed and stamped by Brian D. Polley, PE, final revision.
dated 11-04-24;
• Pre &Post Drainage Catchment Plans, Catch Basin Drainage Catchment Plan
® Record Stormwater Operations and Maintenance Plan: "Operation and
Maintenance Plan", prepared by Merrimack Engineering Services,revision dated
December 5, 2024;
® Other Record Documents:
o Horsley Witten Stormwater Peer Review Comment Letters dated: 07-31-24,
10-28-24, 1.1-11-24.
o Merrimack Engineering Response Packages to Peer Review Letters dated:
10-10-24 & 11-05-24..
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 waiting within 30 days of all
transfers of title of any portion of property that flakes place prior to the issuance of a
Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. 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)
1250 Osgood Street DEP File#242-1901 NACC;Findings&Special Conditions Order of conditions
Page 3 of'16
1250 Osgood Street- DEP TILE #242-1901 Order of Conditions
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 (31.0 CMR 1.0.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
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 thi�:ty
days 30prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. The NACC finds that the intensive use of the upland areas and buffer zone can cause
further alteration of the wetland resource areas. Therefore, in order to prevent any
alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and
a fifty foot 50' No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as established under
the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in
the No-Disturbance zone notwithstanding proposed mitigation measures within the
buffer zone and resource areas as approved under this Order of Conditions. (See
Section. 3.4 &Appendix P 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,
1250 Osgood Street DEP File#242-1901 NACC Findings&Special Conditions order of Conditions
Page 4 of 16
1250 Osgood Street- DEP FILE#242-1901 Order of Conditions
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
33. The owners of the project and their successors in title 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.
jJ PRIOR 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
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. A check payable to the `Town of North Andover shall be provided in the amount of
twenty thousand dollars ($20,000) 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
1250 Osgood Street DE-11 File 11242-1901 NACC Findings&Special Conditions Order of Conditions
Page 5 of 16
1250 Osgood Street-DEP FILE #242-1901 Order of Conditions
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 a Wetland Scientist (or other qualified environmental
professional as approved by the NACC, or its agent) as an"Erosion Control Monitor"
to oversee any emergency placement of controls and regular inspection or
replacement of sedimentation control devices. Proof of the retained monitor must be
submitted to the Conservation Department on letterhead by the retained consulting
firm in time for the sit-down meeting. Contact information for the erosion control
monitor shall be forwarded to the Conservation Department in time for the sit-down
meeting. This person shall be given the authority to stop construction for the
purposes of correcting problems with erosion control. The Environmental
Professional 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. Prior to work or any activity commencing on site and the on-site pre-construction
meeting, the following documents and materials shall be submitted to the
Conservation Administrator to review and establish the following:
a. The plan set shall be revised to include a 6-foot high chain link fence to be
installed at the edge of the parking lot that is within the 100-foot buffer zone.
This fence shall be kept in good condition and replaced as necessary. Not less
than eight (8) "No Snow Stockpiling/No Salt Zone" signs shall be mounted to
this chain link fence once it is installed. Signs are available for purchase at the
Conservation Department office. This condition shall be on-going beyond the
issuance of a Certificate of Compliance.
b. 100% construction drawings accompanied by a memorandum that details plan
revisions versus the approved plan set referenced in this Order and shall be
submitted to the Conservation Department. The memorandum shall provide a
review of any revisions within the Commission's jurisdiction and resulting
conflicts with the Special Conditions of this Order. The Conservation
Department in consultation with the Chairman shall make a determination as to
whether said revisions can be reviewed administratively or by way of
modification or amendment with the Commission.
c. A copy of the Order of Conditions, with each page bearing the general
contractor/site supervisor's initials to ensure acknowledgrnent/understanding
of all conditions herein.
d. The Stormwater Pollution Prevention Plan (SWPPP) shall be submitted and
provisions therein shall be reviewed, to ensure their understanding and
1250 Osgood Street DEP File 4242-1901 NACC Findings&Special conditions Order of conditions
Page 6 of'16
1250 Osgood Street - DEP FILE 9 242-1901 Order of Conditions
expectations for construction. The SWPPP shall be prepared in accordance with
the U.S Environmental Protection Agency's Stormwater Construction General
Permit and related guidance document entitled "Developing Your Stormwater
Pollution Prevention Plan: A Guide for Construction Operators".
e. A detailed sequence/schedule of all construction phases;
f. De-watering means and methods, should they be required (see Condition
g. 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.
40. Prior to construction and in time for the on-site pre-construction meeting the
following shall be implemented/prepared for Conservation Department inspection:
a. A sign, visible from the street-, shall be displayed at the site, visible from the
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 242-1901."
b. All erosion control measures shall be properly installed,by survey in the field,
between all construction areas and wetlands as shown on the approved. plan
set;
c. 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. Such barriers shall
be checked and replaced as necessary and shall be maintained until all
construction is complete.
d. All trash shall be removed from the slope, buffer zone and wetland prior to any
other work/activity starting on site. The trash/debris/refuse shall be removed
manually - no equipment may be operated on the slope. Final removal efforts
shall be inspected by and be to the satisfaction of the Conservation Department;
e. All existing and proposed catch basins and any other storinwater inlets on the
streets adjacent to the project (within 100 feet) shall be protected by
erosion/sedimentation controls to prevent sediment from entering the drainage
system. Erosion/sedimentation controls shall be maintained and regularly
cleaned of sediments until all areas associated with the work permitted by this
Order have been permanently stabilized and the Commission has formally
approved their removal.
f. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 75 feet of 12" silt socl,,/compost filter tube, silt fence
and sufficient stakes for staking covered from the elements and shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion. The NACC or its Agent shall have the discretion
to require additional emergency erosion control BMP's to be brought to the site
if deemed necessary.
1250 Osgood Street DEII File it242-1901 NACC Findings&Special conditions Order of Conditions
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1250 Osgood Street- DEP FILE # 242-1901 Order of Conditions
g. Prior to construction the applicant shall permanently mark the No Disturb
Zone with 1-0 (ten) 4x4 pressure treated post (weather resistant monuments),
installed at intervals agreed upon in consultation with the Commission or
designated agent, 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 wet-land. 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.
h. 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 are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining
the integrity of the resource area or buffer zone until such time all approvals
are granted. The Building permit shall not be signed off on by the
Conservation Department until all pre-construction requirements of this Order
are met.
41. 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 time.
42. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site activities and shall arrange
an on-site conference with an NACC representative,
presentative, Planning Department
representatives, 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).
43. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
1250 Osgood Street DEP File 11242-1901 NACC Findings&Special Conditions Order of conditions
Page 8 of 16
1250 Osgood Street - I)EP FILE 4 242-1901 Order of Couditiom
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 1/2" inch of rain or greater (24 hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
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 from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC,will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
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
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 clays prior
to the closing of said land transaction.
STORMWATER MANAGEMENT CONDITIONS
47. There shall be no increase in the post development discharges froin 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. The proposed stormwater management facilities shall be constructed in compliance
with the approved plans, and their preparation and installation shall be overseen by
the design engineer or other qualified professional so as to certify compliance and
correct means and methods for their construction.
1250 Osgood Street DEP File#242-1901 NACC Findings&Special Conditions Order of Conditions
Page 9 of 16
1250 Osgood Street - DEP FILE #242-1901 Order of Conditions
49. Water quality in down gradient BVW's shall not differ significantly following
cornpletion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
50. All new catch basins shall contain oil/grease traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/grease traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Certificate of Compliance is issued and the owner
or his/her agent shall so specify in the request for Compliance.
51. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Post Construction Operation and Maintenance Plan (O&M) attached herein and the
associated stormwater management conditions mandated herein. Evidence of said
cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation
Department for its file.
52. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system, unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation which might cause failure of the
system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
53. All stormwater best management practices shall be maintained as specified in the
attached Pollution Prevention and Operation and Maintenance Plan (O&M) submitted
with the Notice of Intent and incorporated in the Order of Conditions. Evidence of
maintenance of the stormwater management system shall be provided to the NACC
on an annual basis by a Registered Professional Civil Engineer or other qualified
professional post construction. The first report shall be submitted to the NACC one
year after the first stormwater structure goes on-line. The approved Operation&
Maintenance Plans are fully binding upon the applicant and/or owners, successors,
agents, associations, heirs and assigns and must be adhered to in perpetuity.
DURING CONSTRUCTION
1 11111 � 1 1 11 lill; !Iilll�,:11!,Iil gill I
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54, Recycled Concrete Aggregate ("RCA") generated from demolition activities shall not
be stockpiled or reused by the applicant or contractor in areas subject to protection
under the Wetlands Protection Act and North Andover Wetlands Bylaw, including
but not limited to the 100-foot Buffer Zone. In addition, RCA shall not be used on site
so as to allow it to be exposed to stormwater infiltration,
1250 Osgood Street DE'll File#242-1901 NACC Findings&Special Conditions Order of Conditions
Page 10 of 16
1250 Osgood Street -DEP FILE #242-1.901 Order of Colliditions
55. `remporary stockpiles of RCA shall be located outside of areas subject to protection.
under the Wetlands Protection Act and North Andover Wetlands Bylaw, including
but not limited to the 100 foot Buffer Zone. Said stockpiles shall be covered and
protected with appropriate tarps should they be left on site more than 24 hours.
56. Any proposed landscaping within jurisdictional resource areas shall consist of species
native to New England. Landscaping outside jurisdictional resource areas shall
consist of species that are non-invasive in all respects. Prior to implementation, a final
landscape plan with plant schedule, shall be submitted to the NACC/Conservation
Administrator for review and approval.
57. Invoices for the purchase of native New England Seed Mixes/plantings referenced.
above in Condition above shall be provided to the Conservation Department upon
immediate availability and before install/seed application in the field.
58. 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.
59. Should de-watering activities be anticipated, rp for to implementation in the field,
means and methods shall be reviewed and approved by the Conservation Department
and shall be proposed outside the 100-Foot Buffer Zone. All dewatering activities
shall be supervised and witnessed by the designated erosion control monitor. De-
watering activities shall be monitored daily by the erosion control monitor to ensure
that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If other emergency de-watering requirements arise, the applicant shall submit
a contingency plan to the Commission)for approval, which provides for the pumped
water to be contained in a settling basin, to reduce turbidity prior to discharge into a
resource area.
60. Any imported fill used in cormection 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. An fill'll imported to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness - whichever is most applicable as
determined bv the Conservation Commission or its staff.
61. No outdoor fuel storage or construction equipment refueling shall occur within
jurisdictional resource areas during construction.
1250 Osgood Street DEP File 11242-1901 NACU;Findings&Special conditions order ot'Corditions
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1250 Osgood Street- DEP FILE #242-1901 Order of Conditions
62. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, 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.
63. 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.
64. 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.
65. Materials stockpiling shall occur outside jurisdictional resource areas including the
buffer zone. At no time shall be stockpiling of soil or any other materials occur on the
wetland side of the erosion controls.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within jurisdictional resource areas.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business 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.
AFTER CONSTRUCTION
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1250 Osgood Street- DEP FILE # 242-1901 Order of Conditions
69. Following completion of construction, the applicant shall stencil, with appropriate
weather resistant paint, all catch basin inlets to prohibit dumping and indicate that the
inlet is for the disposal of stormwater only and discharges to waterways or wetlands.
70. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource areas. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town s Wetland Protection Bylaw and
shall remain in perpetuity.
72. No sodiuln-based products shall be used for control of ice or snow within 100 feet of
the wetland.
73. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris
into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall
remain in perpetuity.
74. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete Once full vegetative cover has been achieved.
75. 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. Phis condition shall survive the Order of Conditions
and shall run with the title of the property.
76. 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.
77. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b, A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property,
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1250 Osgood Street - DEP FILE 0 242-1901 Order of Conditions
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. A written report summarizing pH monitoring results collected throughout the life
of the project;
j. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & 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 q UL disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
78. 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.);
Chain link fence to be kept in good condition and No Snow Stockpile signs
shall remain and replaced as necessary (Condition #39.a.);
Resource Area Markers (Condition #40.g.);
Catch basins to be equipped with oil/grease traps (Condition #50);
Responsible parties for stormwater BMP maintenance (Condition #52);
Adherence to the attached "Operation and Maintenance Plan", prepared by
Merrimack Engineering Services, revision dated December 5, 2024. No
1250 Osgood Street DEP File#242-1901 NACC Findings&Special Conditions Ordcr ofConditions
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1250 Osgood Street- DEP FILE # 242-1901 Order of Conditions
additional filings will be required to conduct maintenance of the system as
detailed in the report (Conditions #53);
Discharge or spillage of pollutants (Condition #68);
Prohibition of underground fuels (Condition#70);
Limitations on the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #71 & 72);
Prohibition of the use of coal tar based products for paving (Condition #75);
No dumping of leaves, grass clippings, brush, or other debris into a wet-land
resource areas or the 25-foot No-Disturb Zone (Condition #73).
1250 Osgood Street DEII File R242-1901 NAM Findings&Special conditions Order of conditions
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1250 Osgood Street-DEP FILE # 242-1901 Order of Conditions
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CFIECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions_....._..__ _.
have been placed upon by (DEP or NACC number)
the North.Andover Conservation Commission.
&/or
2.. 1 am the ............_....._.__.._ .._. of�_................_
(Position with owner) (owner name)
the owner upon whose land Order of Conditions _............ _
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that 1 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 .a......... day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said.Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of.w_www 19.---_............
(Signature-authorized agent of applicant or owner)
1250 Osgood Street DEP Pile 11242-1901 NACC Piiidings h Slrccial Cortrlitioars Order of Conditions
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