HomeMy WebLinkAbout242-1910, 575 Osgood Street - Trail Improvement OOC - Permits #242-1910 - 575 OSGOOD STREET 6/16/2025 4
Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 - Order of Conditions MiassDEP File#
e—
L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DIEP--fianm-c4on
North Andover
City/Town,
A. General Information
Please note: North Andover
this form has 1. From: ................
been modified Conservation Commission
With added 2. This issuance is for
space to a,M Order of Conditions b. ICI Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: AppIlicant:
Requirements
David Botte - Executive Director
a. First Name b Last Name
Important:
When filling Edgewood Retirement Community ....................... ............
out forms on c.Organization
the 575 Osgood Street
computer,
use only the d. Mailing Address
tab key to North Andover MA 01845
move your e-'-QJiy�to"Vvn f.State ---- ------------------ g Z- ip 1,Cade
..........-
cursor-do
not use the 4. Property Owner (if different from applicant):
return key.
VQ a. FirstName" b. Last Name .................................
....................
c.Organization
"d.-Mailing Address
.......................e.CityfTown f.State g.Zip Code
5. Project Location-
575 Osgood Street North Andover
a.Street Address 6.City'ff'o-w-n-
Map 36 Lot 3
c.Assessors Map"ffila—M—unibe'r d".Pa'roeJ/L-'o't Number
Latitude and Longitude, if known: 42d700788m s 71d102824mi s
d. Latitude e.Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1910
......_ __.
A Form 5 - Order of Conditions MassDFP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information (coat.)
s. Property recorded at the Registry of Deeds for(attach, additional information if more than
one parcel):
Northern Essex
a.County b.Certificate-Number(if registered land)
4378 _ 115
- -
c.Book d. Page
a. date Notice of intent Filed b. taste Pubic 5 June 16 292
Dates: March, 7 2025 May 28, 202
Bearing Closed c.Date of Issuance
s, Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan Prepared for Edgewood Retirement Community (2 sheets)
a. Plan Title _ _.... ._,...... ..._...___ ...... .............._
Ranger Engineering Group, Inc. Benjamin Osgood, Jr. PE
b. Prepared By c.Signed and Stamped by
May 7, 2025 as shown
d.Final Revision Date e. scale
See Attached List of Approved Documents & Plans
f.Additional Plan or Document Title g. Date
B. Findings
i. 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. M Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. M Private Water Supply e. Z Fisheries f. N Protection of
Wildlife Habitat
g. M Groundwater Supply h. ® Storm Damage Prevention I. H Flood Control
2, This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
,Approved subject to:
a. 9 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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
242-1910
Bureau of Resource, Protection - Wetlands �M,11-1 ..-1-11---------
WPA Form 5 — Order of Conditions assDEP File#
LWA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cilyfi-own -
B. Findings (cont.)
Denied because:
b. El 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 deSGription, of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. El the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act,
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3, El Buffer Zone Impacts: Shortest distance between limit of project
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
34 34
4. 0 Bank -111-....... . ....... ....
a. linear feet b.linear feet c. linear feet d. linear feet
5. F-1 Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. l7l Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e,C/Y dredged^ f.cry dredged
7. 171 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. F1 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. 0 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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 — Order of Conditions Mass[DEP File#
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
io. n Designated Port Indicate size under Land Under the Ocean, below
Areas
11, F1 Land Under the
Ocean a.square feet b square feet
c.cly dredged d cry 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.nouris'k ment d.nourishment
l
14. 171 Coastal Dunes cu yd cu yd
a.square feet b.square feet'"- c.nourishment d.nourishment
15, [] Coastal Banks
a. linear feet b. linear feet
16. F1 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
ig. n Land Containing
Shellfish a.square feet '6.'square feet C.-square feet,""" d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged '67'6/y'dredged
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 L square feet j,square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1910
WPA Form 5 — Order of' Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactiof;.#._ ......
L7L6 North Andover
itylToawn
B. Findings (coat,) _..___..........
G
#23.If the 21 ❑ Restoration/Enhancement :
project is for
the purpose of
restoringor - - .......... ................... ............. .._._.. ..._........ .........
enhancing a a•square feet of BVVV b.square feet of salt marsh
wetland
resource area 24 El Stream Crossing(s):
in addition to
the square - . ---- .....
footage that a,number of new strearn crossings b. nurnber of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section,B.5.c
(BVWv)or The following conditions are only applicable to Approved projects..
B.f 7.c(Salt
Marsh)above, 1,. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures,. shall' be deemed cause to revoke or modify this Order.
the additional g' y Y
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 appllication 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
CMR 10.05(11)(f).
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 — Order of Conditions MassDEP File#
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 name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be, noted on the Land Court Certificate of Title of the owner of the, land upon
which the proposed work is done. The recording information shall be,submitted to the
Conservation Commission on the form 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 242-1910
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 Mass,DEP.
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.
16. 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.
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Massachusetts Department of Environmental Protection Provided by MassD�EP:
-
Bureau of Resource Protection - Wetlands .. .....242 1910..............-
MassDEP File#
WPA Form 5 — Order of Conditions
(Massachusetts' etlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts, Wetlands Protection Act (cont.)
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.
1& 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) 0 is subject to the Massachusetts Stormwater Standards
(2) El is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards, then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan!, and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized,
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi, 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 MassIDER
WMIIIIIIIIIIII Bureau of Resource Protection - Wetlands 242-1910
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 (cont.)
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") andcerfifyling 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.
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Massachusetts Department of Environmental Protection Provided by MassDER:
Bureau of Resource Protection - Wetlands 242-1910
-D I E I P-F 11 i I I -#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction It
L11 North Andover
Ityrrown
C. General Conditions Under Massachusetts, Wetlands Protection Act (cont.)
g) The responsible party shall
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in, compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) Ali 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 systern 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 MassDEP:
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
CityfTown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? E Yes 0 No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. El that the proposed work cannot be conditioned to rneet the standards set forth in a
municipal ordinance or bylaw, specifically:
-il. -1-1-11-1-1-1......................... ...... ........ .. .................. .............
.Municipal Ordinance or Bylaw2. 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. 0 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 or Bylaw et. seq.
3, The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions,shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space,for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e6iff-p—Tra-n-sa-ction—#
North Andover-
CityTI-own
E. Signatures
01-
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 ofj,,j�uance
Please indicate the number of members who will sign this form, .'Y
This Order must be signed by a majority of the Conservation Commission. .Number of Signers
The Order must be mailed by certified retail (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.
............
M ip Werv.
nature, i P anted Narne
MUT)WOU614
Signature Printed..Na.me
Jgn e P' t dN me
Signatu Pris tel Name
Signature Printed Name,
141- 0\
.. ............
Signa- Printed Name
na ure Fr-int-ed, Name
Signature Printed Name
by hand delivery on by certified mail, return receipt
requested, on
-Date Date
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Massachusetts Department of Environmental Protection Pfovided by MassIDEP:
Bureau of Resource Protection Wetlands 242 1910
WPA Form Order of Conditions MassIDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e6EP Transaction#
North Andover
C tyfrow n
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 Orden does not contribute to the protection of the initerests identified in
the Massachusetts Wetlands Protection Act (M.G.t_. c. 131, §3 40) and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1910
WPA Form 5 — Order of Conditions MassDEP File if
Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Tran-'s-a---c'tihon 4-
North ------
North Andover
CityfTown
G. Recording Informanon
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
........
-c—onservation" Co...mi i m i s-s io n ........
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
.
Commission
------------- ------------------------------ ----------------------------------------------------------------
To:
North Andover
. ...............
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
575 Osgood Street 242-1910
.... ....................... .
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
bounty ——----------------------------------------------------- Book I I-. --11........ . ................. Page
Edgewood Retirement Community
for: Property Owner .... ..........
and has been noted in the chain of title of the affected property in:
4378 115
b6o'k Page
In accordance with the Order of Conditions issued on:
06-16-25
. ........... ... ....... .......................
If recorded land, the instrument number identifying this transaction is:
instrument.
nstru 11 Number
If If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
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575 Osgood Sti-ect—Edgeivood Retirement Community- DEP FILE#242— 1910 Findings& Special Conditions
The North Andover Conservation Commission (hereinafter the "NACC") sets forth the
following findings of fact:
Project Site Location:
575 Osgood Street, the Edgewood Retirement Community complex, consists of-101 acres,
developed with senior housing units and multi-unit buildings, common areas, associated
parking and access roadways. About 48 of the acres of the site are wooded trails and directly
abuts Lake Cochichewick. Site property is bound to the east by Lake Cochichewick, to the
north by Town-owned Half Mile Hill open space, to the south by Trustees of Reservations
Weir Hill open space and the west by Osgood Street,
Wetland Permitting History:
The site has been subject to several various wetland permits in the past, but the area subject
to the Order of Conditions is the wooded trails which have been in their current state for
decades.
Project Site Wetland Resource Areas:
The NACC agrees with the delineation of the following wetland resource areas
based on the Conservation Department staffs' minor adjustments during their field
inspection, and reflected on the approved plan, The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified interests in
the Act and Bylaw.
• Bordering Vegetated Wetlands (BVW):
• BVW Series A - Flags 1-11
• BVW Series B - Flags 1-7
• lVW Series C - Flags 1-17
• BVW Series D - Flags 1-33 - associated with the bank of Lake Cochichewick
• BVW Series E - Flags 1-4 - associated with the bank of Lake Cochichewick
• BVW Series G - Flags 1-11
® 100-Foot Buffer Zone to BVW
® Portions of the subject areas lie within the 100-year floodplain
• The subject areas, of the project lie wholly within NHESP Priority Habitat
• The on-site resource areas do not contain certified or potential vernal pools based on
latest NHESP mapping
Notice of Intent DEP File #242-1906 Project Description:
The proposed improvements include: Cleaning three (3) existing culverts, performing trail
and canoe/kayak launch area surface upgrades as the trails are currently experiencing
washouts and flooding during large rain events due to the trails being at a lower elevation
than the surrounding landscape due to soil washing out of the trails over time. These
upgrades will also improve accessibility for the Edgewood residents,
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575 Osgood Street— Edgewood Retirement C'ommunity-DEP FILE##242— 19101 Fiot(Iiiigs& Special C"oiieiitions
• The most southerly culvert consists of an existing 12" HDPE to be equipped with a
drop inlet including a trap cast iron CB grate positioned above the elevation of the
upstream wetland, 18" sump connected to the 12" culvert- 6" minus angular stone rip
rap outlet protection at the flared end section will be installed.
s The middle culvert consists of 10" SDR PVC pipe, and will be cleaned and will receive
' stone headwall on upstream and downstream sides, resulting in—4' bank
disturbance on both ends (8" total).
• The most northerly culvert consists of an existing 12 HDPE Pipe to be cleaned., and
will receive a" stone headwall on upstream and downstream sides, resulting in M4'
bank disturbance on both ends (8' total),
• At the canoe/kayak launch area, install 3/4" compacted crushed stone at a 4" depth,
resulting in 181.f, of lake bank disturbance.
• Sections of the existing stone/gravel trail shall receive either 6" depth of 3/4" stone
aggregate or 3" depth of 3/4" stone aggregate.
The applicant has requested a waiver from the local 25' NDZ/50' NBZ for the proposed work
- the NACC voted to grant said waiver as the NACC finds that the nature of the work
(culvert cleaning, trail maintenance and associated work) necessitates work to be performed
within the resource area and associated immediate buffer zones which will result in an
improved condition of these resources, and therefore voted to grant the waiver.
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.
�ENEIZAL CONDITIONS
20. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
• Notice of Intent: received March 7, 2025, with associated attachments, filed by:
o Applicant: Edgewood Retirenlent Conununity Trails Coma-itittee c/o David Botte
75 Osgood Street
North.Andover, MA 01845
• Representative:
o Benjamin Osgood,Jr., PE
Ranger Engineering Croup, Inc.
130 Main Street, Suite 202
Salem, NH 03079
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575 Osgood Sti-eet—Edgewood Refirement Community- DEP FILE#242— 1910 Fiii(iiiigs& ,Sl)ecialCoiiditi,olis
Record Site Plans & Documents:
Plan titled: Site Plan Prepared for Edgewood Retirement
Community - 2 Sheets, CS0201 & CS0202
Scale 1"=30'
Date Revised May 7, 2025
Signed &Stamped by: Benjamin Osgood,Jr. PE
Ranger Engineering Group, Inc.
Storinwater Management Memorandum, Stormwater Checklist, Stormwater
Calculations &Long Term Maintenance and Pollution Prevention Plan
Prepared &Signed by: Benjamin Osgood,Jr. PE
Date: May 7, 2025
Edgewood Trail Repair- Response to NACC &DEP Comments
Prepared &Signed by: Benjamin Osgood,Jr. PE
Date: May 7, 2025
21. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
22. 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.
23. 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.
24, This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
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575 Osgood 'Street---Ldgewood Retirement Community-DEI' FILE ft 242—I9I0 Findings& Special Conditions
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.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days 30prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Rega,dations),
28. 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.
29. 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.
30. Any new project that proposes new or revisions to existing wetland crossings trust
come before the NACC under a new Notice of Intent.
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 f if ty 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 o-Disturbance zone notwithstanding proposed mitigation measures within the
buffer zone and resource areas as approved under this Order of Conditions. (See
Section 3.4 &Aplae»dix F of the local Re i,d atioas). A separate application must be filed
with the NACC if future work is proposed within the 100-foot buffer zone or wetland
resource areas.
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 this Order's
terms and conditions. The contractor and applicant/owner°will be held jointly liable
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for any violation of this Order and approved plans as they relate to the contractor's
scope of work. Thereafter, the applicant/owner will be held liable for any violation of
this Order resulting from failure to comply with its conditions, including on-going
perpetual conditions.
33. Unless otherwise arranged between parties, 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/culverts or other
appurtenances 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.
TO CONSTRUCTION
34. 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.
35. 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 applicants expense.
36. The contractor shall provide a check payable to the Town of North Andover shall be
provided in the arnount of two thousand dollars ($2,000), to serve as a performance
bond, 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
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performance of any conditions which are of continuing nature. The applicant may
propose a monetary release schedule keyed to completion of specific portions of the
project for the NACCs review and approval. This condition is issued under the
authority of the local Bylaw.
37. 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.
38, Prior to construction and in time for the on-site pre-construction meeting the
following shall be implemented/prepared for Conservation Department inspection:
a. A copy of the Order of Conditions, with each page bearing the general
contractor/site supervisor's initials to ensure acknowledgment/understanding
of all conditions herein.
b. A 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, visible from the public way/parking lot at the main construction access,
shall be displayed at the site, not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-
1910."
d. All erosion control measures shall be properly installed between all areas of
work and wetlands as shown on the approved plan set,
e. The installed erosion controls shall be inspected and approved by the NACC or
its agent prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All
additional erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the
NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts, which could
result from site erosion, or any noticeable degradation of surface water quality
discharging from the site, For example, installation of erosion control measures
may be required in areas not shown on the plan(s) referenced in this Order of
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575 Osgood Street—Edgeivood Retirement Community-DEIII FILE 9 242— 1910 Fiti(iiiigs&Sl)ecialColiditioils
Conditions, Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission's request,
f. All work shall be undertaken in DRY conditions so as to eliminate the need for
dewatering/by-pass dewatering, which it neither proposed under this
application nor permitted under this Order of Conditions.
g. Wetland flagging shall be checked in the field 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.
h. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 50 feet of silt socL</cam post filter tttbe 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.
i. Prior to construction, the applicant shall permanently mark the No Disturb
Zone at each wetland series with wetland markers bearing markers reading:
"Protected Wetland Resource Area" at 35-foot intervals mounted on mature
trees or weather resistant posts (e.g. 4x4 PT posts, conu-nercial fence posts etc...
as coordinated with the Conservation Administrator. 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.
j. 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.
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39. The erosion controls shall serve as the limit of work. All project personnel shall 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.
40. 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, the contractor and any other
principal personnel, erosion control monitor, project engineer, wetland scientist and
the applican 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).
41. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant/erosion control
monitor shall submit a written report with photographs 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 1/2" inch of rain or greater (24 hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
42. 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,
43. It is the responsibility of the applicant, owner, and/or successors) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be providedwith a copy of this Order of Conditions and referenced
documents before cornmencement of construction.
44. 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
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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,
VATER MANAGEMENT CONDITIONS
mot
iiiill;!;Illilll , WJ
45, Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
46. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for carrying out the maintenance activities detailed in.the Long-Term
Maintenance and Pollution Prevention Plan. Evidence of said cleaning (i.e,
invoices/bills of lading) shall be submitted to the Conservation Department for its file.
47. 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, 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.
48. All stormwater best management practices shall be maintained as specified in the
Long-Term Maintenance and Pollution Prevention Plan as submitted with this project
application and incorporated in the Order of Conditions, Evidence of maintenance of
the stoIrmwater managernent system shall be provided to the NACC on an annual
basis. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line. The approved Maintenance plan is fully binding
upon the applicant and/or owners, successors, agents, associations, heirs and assigns
and must be adhered to in perpetuity.
CONSTRUCTION
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49, Upon beginning work, the applicant/wetland scientist/erosion control 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.
50. Any imported and/or structural fill shall be certified clean fill, free of hazardous
substances, and meeting all applicable regulations. Notwithstanding, any imported fill
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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 origi
,or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
51. No outdoor fuel storage or construction equipment refueling shall occur within
jurisdictional resource areas during construction.
52. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or foamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November ls'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.
53. 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 urn-stabilized. If material is tracked
beyond the construction entrance onto the adjacent public roadway, it will be swept
up daily,
54. 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,
55. 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. 'rhe 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,
56. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
57. 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
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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 .ONSTRUCTION
58. 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.
59. Fertilizers, 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.
60. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
61. 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 or the restored 50-foot
No-Build Zone at the edge of the gravel access drive. This condition shall remain in
perpetuity.
62. 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 MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
63. 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.
64. Upon completion of the project the applicant shall submit requests for a Certificates of
Compliance as noted above in Condition #84:
a. WPA Forms 8A - "Request for a Certificate of Compliance."
b. Letters from the applicant requesting a Certificate of Compliance for respective
DEP File Ws.
c. The narne and address of the current landowner,
d. The name and address of the individual/trust or corporation to whom the
certificate of compliance is to be granted.
e. The street address and assessor's map/parcel number for the project,
fl, The DEP file numbers.
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g. Written statements from a Registered Professional Civil Engineer and a Registered
Professional Land Surveyor of the Corru-nonwealth certifying that the work has
been conducted as shown on the plan(s) and documents referenced in the Orders
of Conditions, and as conditioned therein by the Commission.
h, A complete "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and a Registered Professional Land Surveyor of the
Corrunonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & storm water
management structures constructed on site.
"As-Built" post-development elevations and grades of all filled/altered or
restored wetland resource areas including the encompassing buffer zone
which is regulated as a resource area under the local Wetland Protection
Bylaw.
Limits of wetland resources, buffer zones and subzones
(25'NDZ/50'NBZ/100'BZ).
➢ Distances from ALI,structures/project features to wetland resource areas.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a Ui disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
65. 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);
Resource Area Markers shall be maintained (Condition #38.i.);
Adherence to the Long-Term Maintenance and Pollution Prevention Plan,
No additional filings will be required to conduct maintenance of the above
referenced system as detailed in the report (Conditions #48),
Discharge or spillage of pollutants (Condition #57);
Prohibition of underground fuels (Condition #58);
Prohibitions on the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #59 & 60);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition. #61.).
575 Osgood Street Fdgewood Retirement community DET File 11242-1910 NACC Findings&Special conditions order of conditions
Page 12 of 13
575 0sgootl Street—C(dgewood ltetiretncrtt Cotttnttttiity-I)I,P I+ILE#242— 1910 Findings & Special Conditions
APPENDIX A- AFFIDAVIT
1, ......... on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. ..........._ I am the ...._.__. w. _. .._of
(position with applicant) (applicant name or company narne)
the Applicant upon vw loon Order of Conditions
have been placed upon by (DEP or NACC rtumbet)
the North Andover Conservation Commission.
&/or
2.... ......_ I Ant the _.....-.w.w.w of_.... ...........
(position with owner') (owner name) __m......_
the owner upon whose land Carder of Conditions_ -
have been placed up by (DEP or NACC number)
the North Andover Conservation.Commission,
3. 1 hereby affirm And acknowledge that l have received said Carder of Conditions Wr
and have read the same and understand each
(DEP File ##) and every condition which has been set forth
in said Order of Conditions.
. 1 hereby affirm and acknowledge that on this...-. day of�___._... ... 19.._.
I inspected said property together with any and all improvements which have
been trade to the same and hereby certify that each and every condition set
forth in Carder of Conditions _......... are presently in compliance,
(DEP File##)
5. I hereby affirm and acknowledge that this document will be relied upon by tine
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions�_. _..........
(DEP File #1)
Signed under the pains and penalties of perjury this...........—day of 19 —.
(Signature-authorized agent of applicant or owner)
575 Osgood Street -Edgerwood.Retirement Community DEP File 4242-1.910 NACC 17ii1dings&Speciid Conditions Order ofConditions
Page 13 of 1.3