HomeMy WebLinkAbout2022-06-14 Recorded Order of Conditions Conservation Bk 17506 Pg225 CN560
07-13-2022 @ 08 : 02a
Massachusetts Department of Environmental Protection Provided by MassDr=P:
Bureau of Resource Protection - Wetlands 242-1839
WPA Form 5 — Order of Conditions ka'ss-b&He#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransacfion#
North Andover
city/fow—n
A. General Information
Please note: North Andover
this form has i. From: .................
been modified 'd'o—nserv'a'tion Commission
with added 2. This issuance is for
space to Order of Conditions b.[I Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Paul Griffin
Important: a..First Name .b-..Last
L I a I s.tName .............
When filling Brooks School
out forms on c.Organization
the 1160 Great Pond Road
computer, -
use only the d. Mailing Address
tab key to North Andover.................... .......... MA .01845
move your e.CityTFown f,State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
a st{i�s I t a.First.Name
ame b.Las.t 11 Name
...........................................
C'-.big-anizationrim
d.Mailing Address"---
.................
e.Cityrrown f.State g.Zip Code
5. Project Location-
1160& 1116 Great Pond Road North Andover
a.Street Address b.CityTr own
Map 103 Lots 28 & 26
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d70m266s 71d08m678s
dJ L-afit—ude— e.Longitude
wpaformS.doc-rev 5/1 812 02 0 Page 1 of 13
Bk 17506 Pg226 #f6560
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1839
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
........ North Andover
City/Town
............... ........... ------
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex 17758
. .....................
a.County b. Certificate Number(if registered land)
_530 ; 745 290 •; 61 respectively
Book ....... ...... d.Page ..........................
c.
March 30, 2022 June 8, 2022 June 14, 2022
7. Dates: a-.—Date Notice of intent Filed— b.Date Public Hearing Closed c.Date of Issuance
8, Final Approved Plans and Other Documents(attach additional plan or document references
as needed):
Campus Improvements: Boathouse & Faculty Housing
a.Plan Title
Whitman & Bingham Assoc. Brian Milisci &Andrew Leonard
6.Prepared by c.Signed and Stamped..b.y....
May 17, 2022 1"=40
d.Final Revision Date e.Scale
See Attached
f,Additional Plan or Document Title g.bai6
........................... .............. ........... ..........................
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. ED Public Water Supply b. El Land Containing Shellfish c, Z Prevention of
Pollution
d. Private Water Supply e. Fisheries f. Z Protection of
Wildlife Habitat
g. Groundwater Supply h. Storm Damage Prevention i. 0 Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. [D 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.
wpaforra5.doo rev 5/1812020 Page 2 of 13
Bk 17506 Pg227 #f6560
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection ,Wetlands M
WPA Form 5 -- Order of Conditions MassDEP 9 File#
ssDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
----- _.._...._..__...-........_..................�-
B. Findings (cont.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore,work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a:iinearfeet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank ....... . ...... ..... ....................... - —
a.liinear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet C.square feet d.square feet
6. r7l Land Under
. ......... ... ..
ater O ies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.cly dredged
7. ® Bordering Land _
Subject to Flooding a.square feet b.square feet c.square feet d,square feet
13 13 6b 65
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
s. ❑ 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 square feet h.square feet i.square feet g• q q q J.square feet
wparorm&doc•rev 5/18/2020 Page 3 of 13
Bk 17506 Pg228 #16560
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 24sD.EP 2-1839 File#
WPA Form 5 — Order of Conditions Massti E
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
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.cly 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 c�.yd... cuyd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a,linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cly dredged d.cly dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a_c/y dredged b.cty dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area a.total sq.feet b.total sq.feef
Sq ft within 100 ft
c.square feet d.square feet e,square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
wpaform5.doc-rev 5/1 812 02 0 Page 4 of 13
Bk 17506 Pg229 #f6560
Massachusetts Department of Environmental Protection Provided by MassDEP=
Ilk Bureau of Resource Protection - Wetlands 242-1839
MassDEP File
Ll WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
city(rown
B. Findings (cont.)
#23.If the 23 [] Restoration/Enhancement
project Is for
the purpose of
restoringor _............._...................._.........._....._............. ......
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland
resource area 24• ❑ Stream Crossing(s):
in addition to
the square
footage that a.number of new stream crossings b.number of replacement stream crossings
..._...._..,......_ _ .... .._..._..__...... ......_................._-....— ............
entered in
has been C, General Conditions Under Massachusetts Wetlands Protection Act
Section 13.5.c
(eVW)or The following conditions are only applicable to Approved projects.
13.17.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 � fY
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
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 rill used in connection with this project shall be clean fill.Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc•rev&M2020 Page 5 of 13
��
Bk 17506 Po230 ���c6560
Massachusetts Department of Environmental Protection Provided uyMuoomep'
242-1888
BU[GaU of Resource Protection - WeflaDdS
mass Ile#- ----
����� � � ���� �� o� ��~�~
��x� o� Form �° �~ v�m���� ^xn "�����m�^�ons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §4O ebEP Transaction#
North Andover
Qty7row
--- ' _----_--_. _...................................._.....----__' -_
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.
8. 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 bm noted mn the Land Court Certificate of Title of the owner mf the land upon
which thproposed work i$done. The recording information shall be submitted tothe
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior tn the commencement ofwork,
1O. A sign shall be displayed at the site not less then two square feet ormore than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protecdon" [or, "MassDEP"]
"File Number 242-1838 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall bea party to all agency proceedings and
hearings before K8osnDEP.
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 hw the plans identified |n Condition#13 above shall require the applicant bo
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing ofa new Notice ofIntent,
15. The Agent or members of the Conservation Commission and the Department cf
Environmental Protection shall have the right bo enter and inspect the area subject hmthis
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 o this Order and t0 any contractor o[other person performing work
conditioned by this Order.
"p*m"vo.ow'rev ohuu02o Page vmm
Bk 17506 Po231 #16560
Massachusetts Department of Environmental Protection Provided by Maom]EP
Bureau of Resource Protection - WetlaOdG 2*2-/839
ile
������� %� �� ���^� � �~ ��"�^ --'-- —'
��x ^� Form � ~- Order of
Massachusetts Wet
lands ��.f�.L. c. 131, §4O oDEPtmnommnn#
L-��] North Andover
cifyrTuwo
C. General Conditions Under Massachusetts Wetlands Protection Act(coVY.)
17. Prior b»the start wf work, and ifthe projectinvolves work adjacent hoo 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
(}onnnniamion.
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 barders shall serve as the limit of work unless another limit of
work line has been approved bv this Order.
19. The work associated with this Order Ahe^P ''ecC'\
(1) is [tk)theK8g$$gchus ' 8to VVa' rSt@ndorde
C2\ [] im NOT subject to the Massachusetts 8h)rnlwaharStandards
UV the work Am subject tw the Stormm/ater Standards,then the project is subject to the
WmYlmm/img conditions:
M) 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 ay required by8tormwabar Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(8h8Ps)shall remain |n place until the site |$fully stabilized.
b) No shxmxxaber runoff may be discharged to the post-construction ahornovvater ByNpe
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified |n the Certification, For any construction period BK0po intended tobeconverted
to post construction operation for ho hy attenuation, recharge, and/or treatment, the
conversion ia allowed by the K8asmDEP8tnnnvvmbar Handbook BK0Pmpecifiu$tionm 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;
8 as-built final construction BYNP plans are included, signed mndmtanmpedbymReg|abuned
Professional EOg|Dea[ certifying the site |s fully stabilized;
N. any illicit discharges to the stormwater management system have been removed, as per
the requirements of5h)nnwaherStandard 10;
wpmm,mo.doc'rev 511mzmm NO-r^rm
Bk 17506 Pg232 #16560
Massachusetts Department wf Environmental Protection Provided hyMmnDEP:
242183@
��Ur8BUQf[�e8ou[CeP[0tecti��D -l�e�8MdG -
NYammIDEPFUa#
����� � � ���� � Conditions
m�" �� Form ~� ~~ ��o�=��� ��" ����K���0~Uons
Massachusetts Wet
lands /\ctK�.(�.L. D. 131. &4O nb��T�n��vm,6�---
North Andover
City/Town
- - ----_---____-_-_--- '______-......................
'.-' '
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction uhorn`mxaterByNPoare 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 BIVIPs 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 aOart|fioobeoY Compliance, ¢rPart|g| Ced|fiooteofCornp|ianoa. thenasponsib|a
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
Stnrn)mxaterByNPs identifying the responsible for Implementing the nbornnwoter BMP
Operation and Maintenance Plan ("O&yN Plan") and certifying the following.
i.\the O&M Plan |scomplete 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 13MPs and
implement the Sborrnmatar 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
8honnwatarReoort and, iy applicable, the Stomnwmber Pollution Prevention Plan required by
the National Pollution Discharge Elimination Gyohom Multi-Sector General Permit.
e) Unless and until anotherparty accepts responsibility, the landowner, f 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(� through
18(k)with respect to that BIVIP 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
agnaernanL
� 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
GtonnvwsterHandbook.
vwm,*u.m,v'rev owuuom Page oof,o
Bk 17506 Po233 #16560
Massachusetts Department of Environmental Protection Provided hyMeoDEP,
242-1839
Bureau of Resource Protection -\A/pf��O�� '
Wetlands
���P�ihe�- - ---
����� � � ���� � �� ��.�.
��° ^� " ���� � ~� ~�n��� �u �*������Uons
Massachusetts Wetlands Protection Act M.G.L. u. 131. §40 aDEP Transaction#
hL.' North Andover
Citytrown-'
����� � Under
�������
��. ��en��Kal ����y���iti��ns ��ndeKMassachusetts 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
ohonnvvotermanagement system or any part thereof, and disposal(for disposal the
|o�shoU indicate the type mfnnabehm)and the disposal /oumdon)|
2. N1oke the maintenance log available toK800sDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the N1oomOEP and the Commission b»enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BN1P established in the (}8K0 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.
0 Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
U The mhormmxater management system approved in the Order ofConditions ahoU not be
changed without the prior written approval of the issuing authority.
W 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.
|\ 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
ai 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 eu bj ect to 310 CNYH 10.05(11\, the app||oordahaU also[,np|ennentthe
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project thrautenothe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project aadinao*adbytheronaervedon
commission or the Department,
"v"*mm.ov^`rev m1ma02n Page emm
Bk 17506 Pg234 #16560
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1839
L
WPA Form 5 — Order of ConditionsMassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 emi5Transaction#
North Andover
Cityrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover _ hereby finds (check one that applies):
Canservation Commission
a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
— ........................................................... --
1.Municipal Ordinance or Bylaw 2.Citation
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)
wparorm5.doc-rev 5118/2020 Page 10 or 13
Bk 17506 Pg235 #16560
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1839
WPA Form 5 - Order of Conditions aassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ebEP Transaction
!J North Andover
City/Town
.................... ................
E. Signatures
This Order is valid for three years, unless otherwise specified as a special Iq -2��
condition pursuant to General Conditions#4,from the date of Issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form, 41
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.
....... ...............
.....................................................................................
Signature Printed Name
'Joz'�'f'
.. ..........
Signature P' tediNaLne
aTp 0 t'J C/
Signatu Printeo N'a
......................................
Signature Prialed Nam
-Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
by hand delivery on [2/by certified mail, return receipt
requiestel, on
.... ..... ........ ...........................
Date Date
wpaformS.doc•rev 5M 812020 Page 11 of 13
Bk 17506 Pg236 #16560
Massachusetts Department of Environmental Protection Provided by MassDEP,,
Bureau of Resource Protection - Wetlands 242-1839 —
WPA Form 5 - Order of Conditions MassDEP File#
NL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate tiling 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.
wpaform$Ad c•rev 5/18/2020 Page 12 of 13
Bk 17506 Pg237 ff16560
Massachusetts Department of Environmental Protection Provided by Manooep-
BUreaUof Resource PnotectioD - Vet|@OdS 24271030
MuouDEP File#
WPA Form 5 — Order of Conditions
i
��aGS80hUsettsV�etlaOd8PrOtGctiOO /�{t ��.<�.L. c. 131' §4O eDEPT�ovam/nn#
"�=�=m� North Andover
dit
__-__--- ' ---'- _____-___--.' '-- - --
G, Record~ng Information
Prior bo commencement of work, this Order of Conditions must ba recorded (n the of
Deeds or the Land Court for the district in which the land is located, within the chain ofUt|/ of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. /nthe
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted ho the Conservation Commission listed below.
North Andover
Conservation Commission
' - '--------''Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
CnrnnUmm_1�.
------------ --
To:
North Andover
don oory at*|un Cnmmi smkm ----'---------- ' --- -
Please bm advised that the Order o/Conditions for the Project sd:
11GO& 1116 Great Pond Road 2424838
Project Location --- ----'---.
koasysDEP File Number
Has been recorded at the Registry ofDeeds of:
Northern Essex
'bounty Book' -------- Page ------'
Brooks School
for: ---- '--------' - ----
rmvenyownmr
and has been noted in the chain of title of the affected property in:
530'745 280|81pesp$cUvek/
"oo" 0a,ge
|n accordance with the Order of Conditions issued on:
OO-14-22
--'---------- ------------
If recorded land, the instrument number identifying this transaction is:
instrument
'mv"nbnr - -- ------ - '' --------- --' -
|f registered land, the document number identifying this transaction is.
Document Num --' -- ---
Signature o[Applicant' --'-- ------'----- '
wpamrmn.doo^rev unWmu Page 13o/m
Bk 17506 Pg238 #16560
DEP FILE 9 242 - 1839
Findings of Fact:
The project site has been subject to previous wetland permitting with the North Andover
Conservation Commission(NACC), which includes numerous filings for various projects
proposed at the campus,and verification of wetland delineations,
The NACC agrees with the delineation,based on a site inspection and verification by the
Conservation Administrator, of the following wetland resource areas as reflected
on the approved plan. The applicant has not attempted to overcome the presumption
of significance of these resource areas to the identified interests in the Act and
Bylaw.
a. Bordering Vegetated Wetlands (BVW) -Wetland Flags Series 1-10;1A-30A;
300-310;9A-15A;16A-22A;31A-37A; 24A-29A
b. 100-Foot Buffer Zone to BVW
c. The property does not lie within,but abuts NHESP Priority Habitat in Lake
Cochichewick
d. The property does lie within the 100-year floodplain
e. The on-site resource areas do not contain certified or potential vernal pools
based on NHESP mapping.
Therefore,the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent/approved plans referenced below. To the
extent that the foIlowink? conditions modifly or differ from the plans, specifications or other
}>roposals submitted with the Notice of Intent, the conditions shall control.
SPECIAL CONDITIONS
The proposed work includes:
• Boathouse Area:
oExisting structures are as close as V to the wetlands,partially within the 25'
NDZ and 50' NBZ. Open boat racks are stored in the wetland.
oThe work involves demolishing all existing structures and constructing one
new boathouse outside the 50' No Build Zone,with associated entrance and
ADA access walkways, associated grading, gravel access drive regrading/re-
dressing, removal of gravel areas close to the shore restoring them to lawn,
installation of reinforced lawn connecting from boathouse to launch area,
Bk 17506 Pg239 #16560
DEP FILE #242 - 1.839
restoration planting in footprint of Lyman boathouse closest to the wetland
and general landscaping.
•Faculty Housing at 1116 Great Pond Road:
*The school purchased this property recently and it contains an existing mansion
with associated driveway, utilities and landscaping.
*The work involves demolishing this house and associated concrete driveway to
constructing three new faculty housing units and associated amenities. The
access to these units will be constructed from the existing driveway currently
serving other buildings at the southeast corner of the campus.
*The only elements within the buffer zone are the removal of the existing
concrete mansion driveway and loaming and seeding of that footprint.
*There are areas along this wetland that were subject to historic dumping of
yard and landscape waste (former owner) -the largest of the piles is called
out on the plan set and there are a,few other smaller piles within the 25'
NDZ.
The project lies within the watershed to Lake Cocluchewick and is subject to the Watershed
Special Permit process with the Planning Board and variance permit process with the ZBA.
The ZBA issued a variance to allow construction of the new boathouse and housing on April
25,2022. The Planning Board issued an approval decision at its June 7, 2022 meeting. Horsley
Witten(1-1 W) performed a third-party peer review of the proposed stormwater management
plan and calculations on behalf of the Town, HW provided its final approval of same in its
May 2, 2022 review letter.
The Commission recognizes that some of this work must take place within the 25-Foot No
Disturb Zone and the 50-Foot No Build Zone in order for the project to achieve compliance
with these performance standards set forth in the North Andover Wetland Protection Bylaw
and Regulations. The Commission finds that the restoration of these zones will return them
to a naturalized and stabilized state and final conditions will result in conditions that
improve runoff water quality reaching the Lake.
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 filed by: Brooks School c/o P. Griffin
1160 Great Pond Road
North Andover, MA 01845
Representative: Whitman& Bingham Associates c/o Anthony Cleaves
Site Plans &Documents:
Bk 17506 Pg240 #16560
DEEP FILE#242 - 1839
• Notice of Intent and associated supporting materials,singed by Paul
Griffin and Anthony Cleaves, dated March 30,2022;
* Plan Set titled: Campus Improvements: Boathouse &Faculty Housing
Prepared by: Whitman & Bingham Associates, A.T. Leonard &
Associates and Architectural 510 510 Mechanic Street,Leominster,MA
01453
Sheets: LO.00,LO.01,EX1.00-EX1.01,EC1.00-02,L1.00-04,L2.00-04, L300-01,
L4.00-04,L4.10-14,AD1.00-03, A1.10,A1.11, A2.00-04,L5.00-10
Scale: 1"-40'
Date: Revised May 17,2022
* Stormwater Management Report
Prepared by: Whitman&Bingham Associates,LLC
Dated: March 23, 2022
* Stormwater Analysis
Prepared by:Whitman&Bingham Associates,LLC
Dated: March 23,2022
* Operation&Maintenance Plan
Prepared by: Whitman&Bingham Associates,LLC
Dated: March 23,2022
* Peer Review Letters
Prepared by: Horsley Witten,signed by Janet Bernardo,PE
Dated: April 25,2022& May 2, 2022
* Other Documents
Project Update,Letter May 4,2022
Summary of Brooks School Feritilzation Program
May 17,2022 Narrative Update
May 17, 2022 Erosion Control Narrative
GrassPave Spec Sheet
DirtBag Dewatering Spec Sheet
25/50'Waiver Request Worksheet
GENERAT.. SPECIAL CONDITIONS APPLICABLE TO ALL PROJECTS
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.
Bk 17506 Pg241 #16560
DEP FILE # 242- 1839
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
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 thir
days 2a prior to the expiration date of the Order (Refer to Section 8.3) of the .North
Andover Wetland Regulations).
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.
Bk 17506 Pg242 #16560
DEP FILE#242 - 1839
30. The following wetland resource area is affected by the proposed work is 100-Foot
Buffer Zone to Bordering Vegetated Wetland, 13 s.f. of BLSF with 65 sf replacement,
These resource area are significant to the interests of the Act and Town Bylaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (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. (See Section 3.4 &Appendix F of the
local Regulations).
32. A portion of the Bordering Vegetated Wetlands WF Series 1A -42A and were
reviewed and approved under the Order of Conditions for the South Entrance
relocation, DEP File #242-1783, and was confirmed by Conservation Administrator,
The NACC agrees with the applicant's delineation of the wetland resource areas
depicted on the approved plans and verified in the field by the Conservation
Administrator referenced herein.
33.This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. 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.
35. 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.
Bk 17506 Pg243 #16560
DEP FILE #242 - 1839
PRIOR TO CONSTRUCTION
36. 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.
37. 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 shalt 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.
3$. A check payable to the Town of North Andover shall be provided in the amount of ten
thousand dollars ($10,000),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 accompanied by a copy of the recorded Order of Conditions and a W9 form
filled out by the party posting the bond. This bond is conditioned on the completion
of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC,
and Town Counsel, and shall be released after completion of the project,provided that
provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
39. 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.
40. The approved plan set depicts proposed erosion control BMP's. Limits of work within
Commission jurisdiction shall consist of staked silt sock (compost Filtrexx SiItSox (or
equivalent) and silt fence shall be staked and the bottom entrenched below grade.
Said erosion controls shall be properly installed between all construction areas and
Bk 17506 Pg244 #16560
DEP FILE #242 - 1839
wetlands as shown on the plans approved and referenced herein and shall be
inspected and approved by the NACC or its agent prior to the start of construction
and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. All 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 Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request,
41. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, an additional 100 feet of silt sock and four (4) rolls of 100%
biodegradable erosion control blankets 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.
42. A sign,visible from the street, 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 242-1839."
43. Prior to any work commencing, the areas of historic yard waste dumping as shown on
the approved plan set and as identified by the Conservation Administrator in the field
located along WF Series 300 and 24A-29A shall be removed and disposed of at an
appropriate off site location or on site outside jurisdictional area. Dumping in this
area shall cease and the areas allowed to naturalize.
44. Prior to construction, and in consultation with the Conservation Administrator, the
applicant shall permanently mark the No Disturb Zone along the following wetland
resource areas: Wetland Flag Series 1-10; 1A-30A, 300-310; 9A-15A,16A-22A; 31A-37A;
24A-29A,with a total of forty (40) signs or markers placed on mature trees (where
appropriate) or weather resistant monuments (4x4 pressure treated posts or
equivalent), and on the proposed stonewall, spaced evenly approximately every 40
feet incorporating the following text: "Protected Wetland Resource Area'. This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. Prior to installation in the field, the placement of these permanent markers
shall be subject to review and approval by the Conservation Administrator. The
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.
Bk 17506 Pg245 #16560
DEP FILE #242 - 1839
45.Prior to any work commencing on-site, the applicant shall submit to the NACC for
review and comment,a detailed sequence of construction,installation of
sedimentation/erosion control devices, the SWPPP and re-vegetation plan. Once
submitted, the applicant,project engineer and applicant shall arrange a sit-down
meeting;with the Conservation Administrator to review these documents, including
the SWPPP and the erosion control and construction sequence, to ensure their
understanding and expectations for construction,
46. The above referenced sequence of construction shall include a 1)re-winter on-site
ins�n (date of inspection is weather dependent,but shall be held no later than
December 15th) with the Conservation Administrator to review all areas of erosion
controls and identify any/ sections of same that require fortification to ensure
robust protection through winter weather conditions. Pursuant to Special Condition
#40 above, all additional erosion prevention and sedimentation protection measures
found necessary during construction shall be implemented at the direction of the
NACC or its administrator.
47. At the pre-construction sit-down meeting, the contractor shall provide a copy of this
Order of Conditions with his/her initials on every page.
48. 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.
49. 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.
50. All dewatering BMP's shall be on site and ready, for immediate installation at the time
of the pre-constructon meeting, 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
Bk 17506 Pg246 #16560
DEP FILE #242 - 1839
contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
51..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.
52. The contractor shall make every effort to utilize construction materials that contain no
or low concentrations of PFAS (per-and polyfluoroalkyl substances).
53. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person has to be contacted, due to an emergency at the site, during
any 24-hour period, including weekends. This person shall be given the authority to
stop construction for the purposes of correcting problems with erosion control. The
Environmental Professional will immediately notify the Conservation agent of any
matter that requires attention by the Commission or the agent. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
54. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
55. 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,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
Bk 17506 Pg247 #16560
DREP FILE 9 242 - 1839
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.
56. 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 days prior
to the closing of said land transaction.
57. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts,and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors,subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
58. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
59. 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.
Bk 17506 Pg248 #16560
I)TP FILE #242 - 1839
60. 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.
61. Any 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.
62. 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.
63. 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.
64. 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
65. During construction, as noted on the approved plan set a 2'x2' dry laid fieldstone wall
shall be constructed at the edge of a 25-Foot No Disturb Zone for the entire length
between Wetland Flags 3A through 7A. This wall shall receive wetland markers to be
placed at 40-foot intervals (as noted above) bearing the following text: "Protected
Wetland Resource Area". This will designate the wetland resource sensitivity and
assure no further inadvertent or unauthorized encroachment into the wetland. The
Bk 17506 Pg249 #16560
MCP FILE#242 - 1839
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.
66. Upon beginning work,the applicant 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.
67. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse,rubbish or debris, including but not limited to lumber, bricks, plaster,wire,
lath,paper, cardboard,pipe, glass, processed glass aggregate, concrete,recycled
concrete aggregate, tires, ashes,refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of ori�,Tin
or an analvsis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
68. No on-site fuel storage shall occur during construction. Equipment must be refueled
outside the 100-Foot Buffer Zone by delivery.
69. No storage of construction equipment shall occur within the 100-foot buffer zone.
Drip pans shall be utilized under stored equipment when stored overnight.
70. 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 151 of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
71. 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 roadway, it will be swept up daily.
72. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical) other than what is allowed under this Order.
73. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
Bk 17506 Pg250 #16560
DEP FILE #242 - 1839
74. The materials stockpiling areas shall be contained. Additional containment measures
may be required by the Conservation Department at its discretion. At no time shall be
stockpiling of soil or any other materials occur on the wetland side of the erosion
controls.
75. 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 100 feet of the edge of the wetland.
76. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
77. 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
78. 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 Towns Wetland protection Bylaw.
79. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. De-icing
methods shall not employ sodium-based products. 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.
80. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
Bk 17506 Pg251 #16560
DE,P FILE#242 - 1839
81. 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.
82. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and
shall run with the title of the property.
83. 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.
84. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A -"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional 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. 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 any disturbance of soils or vegetation.
Bk 17506 Pg252 #16560
DEP FILE#242 - 1839
➢ Location of all subsurface utilities entering the property.
87, The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and 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);
➢ Areas of dumping removal shall be left to naturalize (Condition#43);
➢ Resource Area Markers (Condition#44 & 65);
➢ Discharge or spillage of pollutants (Condition#77);
➢ Prohibition of underground fuels (Condition#78);
➢ Limitations on the use of fertilizers, herbicides,road salts, de-icing
compounds and pesticides (Condition #79);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#80).
➢ Prohibition of the use of coal tar based products for paving (Condition#82);
➢ Owners, and their successors shall be responsible for maintaining all
stormwater BMP's (Condition#63);
➢ Adherence to the attached"Stormwater Best Management Practices-
Operation and Maintenance Plan'. No additional filings will be required to
conduct maintenance of the above referenced system as detailed in the
report. (Condition#64).
Bk 17506 Pg253 #16560
PEP FILE #242 - 1.839
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 anti the. of
........................ ...
(position with owner) (owner name)
the owner upon whose land Order of Conditions......_, .._.
have been pIaced up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions ....
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of. ... 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of. 19
............. ...... ............ _.........._......... ....._
(Signature-authorized agent of applicant or owner)
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
F_PWrnanFn