HomeMy WebLinkAbout242-1915, 351 Willow Street OOC - Permits #242-1915 - 351 WILLOW STREET 11/14/2025 4
Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetland's 242-19:15
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L,. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. From,-
been modified Conservation Commission:,
with added 2. This issuance is for
space to a. Order of Conditions b. Amended Order of Conditions,
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Muffin Realty Trust
a. First Name b. Last Name
Important: c/o Moirin-Cameron Group
When filling
out forms,on c.Organization
the 66 Elm Street
computer,
use only the d. Mailing Address
tab key to Danvers, MA 01923
move your e.City/Town f.State g�Zip Code
cursor-do
not use the 4. Property Owner if different from applicant):
return key.
c/o Robert Ogen, Trustee
tab a. First Name b. Last Name
Muffin Realty Trust
c.Organization"
return 351 Willow Street
d.Mailing Address
North Andover MA 01845
e, City/Town f.State g.Zip Code
5. Project Location*
3,51 Willow Street North Andover
a.Street Address b.City/Town
Map, 25 Lot 76
c.Assessors Map/Flat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d65m57s 71 dl 1 m38s
d. Latitude e. Longitude
wpaform5.doc-rev 5/18/2020 Page 1 of 13
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-,� Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1915
MassDEP File#
WPA Form 5 Order of Conditions
Massachusetts wetlands Protection Act M.G.L. c. 131, 40 eDEP Transaction#
North Andover
City/Town
A. General Information (cont.)
6. 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)
2226 88
c. Book d. Page
August 13, 2025 October 8, 2025 November 14, 2025
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):
Site Plan, C-1
a. Plan Title
The Morin-Cameron Group John Morin, PE
b. Prepared By c.Signed and Stamped by
September 16, 2025 1"=20'
d. Final Revision Date e.Scale
See attached list of other approved plans &documents
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. Public Water Supply b. Land Containing Shellfish c. ® Prevention of
� pp Y ❑ g
Pollution
d. Private Water Supply Fisheries f. Z Protection of
Z Pp Y e. Wildlife Habitat
g. Z Groundwater Supply h. Z Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. Z 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:
Bureau of Resource Protection - Wetlands 242-1 91 5
MassDEP File#
r WPA Form a — Order of Conditions
0 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
C i ty/Tow n
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)4c).
3. E Buffer Zone Impacts: Shortest distance between limit of project 5'
disturbance and the wetland resource area specified in 310 CMR 10.02(l)ta) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cly dredged f.cly dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 1 00-
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 MassDFP:
Bureau of Resource Protection - Wetlands 242- 915
MassDEP File#
''SPA Form 5 -- Order of Conditions
l
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
l o. ❑ Designated Port Indicate size under Land Under the ocean below
Areas '
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes
�2. ❑ Barrier Beaches below
cu yd cu yd
3. ❑ Coastal Beaches a.square feet b.square feet c. nourishment d. nourishment
cu yd cu yd
14. Coastal Dunes a.square feet b.square feet c.nourishment d. nourishment
15. EJ Coastal Banks a. linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. [:] Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. El 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.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d,square feet 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 242-1915
WPA Form 5 Order of Conditions MassDEP File#
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
#23. If the
project is for 23 ❑ Restoration/Enhancement
e
the purpose of
restoring or a.square feet of BVW b.square feet of salt marsh
enhancing a
wetland
resource area4. ❑ Stream Cro551ng(s):
in addition to
the square
footage that a. number of new stream crossings b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(gVW)or The following conditions are only applicable to Approved projects.
B.17.c(Salt
Marsh)above, 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
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(l 1)(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, piaster, 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--1915
MassDEP File#
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This order is not final until all administrative appeal periods from this order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final order shall
also be noted in the Registry's Grantor Index under the 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 242-1915
11. where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this order and to any contractor or other person performing work
conditioned by this order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1915
MassDEP File#
r ..� WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 1 31, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this order.
19. The work associated with this order(the "Project")
(1) [-1 is subject to the Massachusetts Stormwater Standards
(2) Z 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;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard o;
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.,� Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-191 a
MassDEP File#
r WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 1 31, §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") and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the longterm 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 MassDEP:
Bureau of Resource Protection - Wetlands 242-1915
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 (cant.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 C M R 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.
wpaform5.doc•rev 5/18/2020 Page 9 of 13
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.� Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1915
� WPA Form 5 Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? H Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
. 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. Z 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)
wpaform5.doc•rev 511 812020 Page 10 of 13
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Massachusetts Department,of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlan�ds 242-1915
i ions MassDEP File#
WPA Form 5 - Order of Cond't"
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP1 Transaction 4
North Andover
City/Town
E, Signatures
OVA,
This Order is valid for three years, unless otherwise specified as a special o�
condition pursuant to General Conditions#4, from the date of issuance. 1.b6te of Issuance
"','JO001010
Pl'ease indicate the number of'members who will sign this form. 4...>
This Order must be signed by a majority of the Conservation Commission. 2.NuRb-' 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.
............. ........ ........
Sign Printed Name
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411
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S i g n4t ul�re- Printed Name
V I
AK 71,
AK
Si gnat f Printed Name
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Si'gna d, Printed Name
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Signaturg Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
by hand delivery on by certified mail, return receipt
WIWI? requested, on
0,0
Date Date
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242_1915
1 MassDEP File#
WPA Form 5 - Order of Conditions
f 4
i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
F. Appeals
The applicant, the owner, any person aggrieved by this order, any owner of land abutting the
land subject to this order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional office to issue a
Superseding order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the order which is being
appealed and how the order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc•rev 5/18/2020 Page 12 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1915
MassDEP File#
WPA Fora 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. Recording information
Prior to commencement of work, this order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the order. In the
case of registered land, this order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
❑etach 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:
351 Willow Street 242-19 5
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County _ Book Page
for: Muffin Realty Trust
Property owner
and has been noted in the chain of title of the affected property in:
2226 88
Book Page
In accordance with the order of Conditions issued on:
1 1- 4-25
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc•rev 5/18/2020 Page 13❑f 13
351 Willow Street DEP FILE 4 242 - 1915
Project Site Description:
The 8-acre site currently consists of an industrial building, paved access drives and parking
areas, utilities and landscaping. The north, south and portion of the west side of the property
contains or is surrounded by wooded Bordering Vegetated Wetlands that project the 100-foot
buffer zone onto the property.
Project Site Permit History:
The project site has been subject to previous permitting with the NACC, which includes the
following:
* MassDEP File #242-647- building addition, parking expansion-- Certificate of
Compliance issued
• MassDEP File #242-966 - building addition, parking expansion, concrete pad for
compressor enclosure - Certificate of Compliance issued
• MassDEP File #242-1494 - parking lot expansion, retaining wall & stormwater
management features --- Certificate of Compliance issued
• MassDEP File #242-1602 - waster water treatment system-- Certificate of
Compliance issued
® MassDEP File #242-W1639 - building addition, parking expansion, stormwater
features, and sewer tie in modification- Certificate of Compliance issued
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by the Conservation Field Inspector 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.
a. Bordering Vegetated Wetland (BVW) - Wetland Flag Series Al - A7
b. 100-Foot Buffer Zone to BVW
c. The project site does not lie within.NHESP Priority Habitat or within 100 feet of
vernal pools
d. The project site does not occur within the 100-year floodplain
e. The project site does not occur within 200-Foot Riverfront Area
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 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.
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351 Willow Street DEP FILE #242 -- 1915
GENERAL CONDITIONS
21. The proposed work includes: removal of an existing concrete pad to be replaced with a
building addition, the removal of existing pavement to be replaced with a concrete pad,
the removal of existing pavement and the area to be loamed and seeded, removal of
existing lawn to be replaced with natural vegetation, installation of proposed plantings
on existing slope to enhance the buffer zone and the installation of approximately 150 If
of stone infiltration trench at the edge of the existing pavement to provide stormwater
mitigation for runoff from parking lot and installation of gravel in an area off the edge of
pavement experiencing ponding and erosion.
The work falls within the 25' NDZ and 50' NBZ, the applicant requested a waiver to
allow work within these zones and offered 1,615 s.f. of new buffer zone mitigation
plantings and seeding, in addition 340 s.f. of impervious surface will be removed, loamed
and seeded to return to grassy pervious area. Pursuant to the OOC, MassDEP #242-966,
roughly 2,700 s.f.+/- of the 25' NDZ will be replanted as required since the previous
plantings did not survive or were cut by landscape crews. After review and
consideration, the NACC voted to grant the waiver as it found the applicant
demonstrated no practicable alternatives to moving the work outside these zones due to
irresolvable site constraints. Further, the NACC found that the proposed plantings
results in a little over 1J ratio of mitigation to incursion and adequately mitigates for
said work.
22. 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 applicant/owner : Muffin Realty Trust
Robert Ogan (Trustee)
351 willow Street, North Andover
Representative: The Morin-Cameron Group, Inc. c/o John Morin, PE
Site Plans & Documents:
■ Notice of Intent dated August 13,2025
■ September 16,2025 submittal package including cover letter for tank pad
permitting review,historic permit plans and alternatives analysis;
■ "Site Plan",C-1, prepared by Morin--Cameron Group, Inc. signed and
stamped by John Morin, PE, scale 1"=20' final revision date 09-16-25;
■ ".Alternatives Analysis", C-2, prepared by Morin-Cameron Group,Inc. signed
and stamped by John Morin,PE, scale 1"=20' final revision date 09-16-25;
■ "Site Plan-Figure 2a. Mitigation Planting Plan" prepared by DeRosa
Environmental, signed and stamped by Michael J. DeRosa, PWS-revision
dated 08-24-25;
341 'Willow Street DEP File#242- 915 NACC Findings&Special Conditions
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351 Willow Street DEP FILE #242 - 1915
i "Site Plan-Color"Markup Plan" prepared by Morin-Cameron Croup, Inc.
signed and stamped by John Morin, PE, scale 1"=20' -revision dated 09--24--
25;
i Spill Prevention Control and countermeasure Plan, with selected
Appendices,with SPCC Plan 5-Year Review Documentation sheets dated 11-
10-17 and 11-15--22 signed by Nick Greene.
23. The tern."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.
24. 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.
25. 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.
26. 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.
27. 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.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. 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 thin
341 Willow Street DEP File#242-1915 NACC Findings&Special Conditions
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351 willow Street DEP FII..a►E #242 - 1915
days (3.(Dprior to the expiration date of the Order (Refer to Section 8.3) of the North
Andoz)er Wetland Regulations).
30. 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.
31. 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.
32. The NACC agrees with the applicant's delineation of the wetland resource areas located
on site as observed and confirmed by Conservation Department staff. The wetland
replication as required under MassDEP File #242-457 was observed to be in good
condition, vigorous growth.
33. 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 twent 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).
34. 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.
35. 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.
341 Willow Street DEP File#242-1915 NACC Findings&Special Conditions
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351 Willow Street DLP PILL #242 - 1915
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR To CONSTRUCTION
37. 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.
38. This order shall be recorded,--in its entirety, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken until
the Final order has been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In
the case of recorded land, the Final Order shall also be noted in the Registry's Grantor
Index under the name of the owner of the land upon which the proposed work is to be
done. In the case of registered land, the Final order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be done.
The recording information shall be submitted to the North Andover Conservation
Commission on the form at the end of this Order prior to commencement of the work.
Any order not recorded by the applicant before work commences may be recorded by
the NACC at the applicant's expense.
39. 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.
40. 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.
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351 Willow Street DPP FILE #242 - 1915
41. A row of staked 12" minimum com ost Filtrexx S*ItSoxJor.....e.quivalent)shall be properly
installed between all construction areas and 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.
42. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 50 feet of silt sock and sufficient stakes for stakin 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.
43. 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 DPP, File
Number 242-1915".
44. The applicant shall designate a location for and install a trash receptacle in close
proximity to the wet and dry ingredient delivery/collection equipment and tanks for the
immediate and direct disposal of the plastic container seals and any other errant trash or
debris so as to eliminate contamination of the surrounding wetland areas. This trash
receptacle shall remain in place and used appropriately in perpetuity.
45. No other 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.
46. 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.
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351 Willow Street DEP FILE #242 - 1915
47. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permit's
terms and conditions. The contractor and applicant/owner will be held jointly liable 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.
48. 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.
49. 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.
50. 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.
51. Prior to any work commencing on-site, the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
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351 Willow Street DEP FILE #242 - 1915
52. 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 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. **Note:
Conservation Department sign off of the building permit will be withheld until all pre-
construction requirements have been.satisfied.
53. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of conditions,
the "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.
54. once these above mentioned pre--construction requirements are complete, the applicant
shall contact the conservation Office prior to site preparation or construction and shall
arrange an on--site 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 full aware of the permit's terms and
g P y
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).
55. During the on--site pre-construction meeting, Conservation staff and the erosion control
monitor shall walk the limit of work/erosion control line and map out and numerically
label fixed locations that will serve as photo--documentation points along the LOW so as
to establish consistent observation points within the site as the project moves through
various phases. These observation points shall be included in each weekly or storm
event report.
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351 willow Street DEP FILE 4 242 - 1915
STORMWATER MANAGEMENT CONDITIONS
56. 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.
57. 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.
58. 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.
59. The stone Infiltration trench shall be inspected, cleared/cleaned of debris, leaf litter and
trash at least twice a year. Stone shall be removed and replaced as voids become clogged
and infiltration performance fails. This condition is on-going and shall survive beyond
the issuance of a Certificate of Compliance.
E:j,
IGATION PLANTING PLAN....................
60. No later than May 30, 2026, the proposed mitigation planting plan and seeding shall be
undertaken and completed in the field. Substitution of any native plants on the selection
list shall be submitted to the Conservation Administrator for approval.
61. All aspects of the restoration planting plan shall be overseen and supervised by the
wetland scientist.
62. The wetland scientist shall monitor the planting annually for 2 full growing seasons post
installation. A full growing season spans from late April/early May through the first two
weeks of October. If plants are installed later than May 30th, the 2 full growing seasons
will begin April/May the following year.
63. Annual reporting by wetland scientist shall be submitted to the Conservation
Department. This reporting can be incorporated into erosion control inspection reports.
341 willow Street DEP File 4242-1915 NACC Findings&Special Conditions
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351 Willow Street DEP FILE #242 - 1915
64. Dead or dying plants shall be replaced as they are observed.
65. After Z full growing seasons post plant installation, the shrubs shall exhibit an overall
survivorship of at least 75% and any trees shall exhibit 100% survivorship. The final
monitoring report submitted by the wetland scientist shall verify these conditions. A full
and complete Certificate of Compliance will not be issued unless and until these
parameters are satisfied.
66. The mitigation planted area shall be left to naturalize without being subject to routine
commercial landscape maintenance such as mulching, pruning, fertilizing etc.
. ...............................
DURING CONSTRUCTION
67. NOTE: Immediately upon completion of the addition foundation, and prior to further
construction activities associated with the site, the applicant shall complete a plan
prepared by a Massachusetts Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and it's measured proximity
to wetland resource areas as approved under this order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
68. 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.
69. Dewatering is not proposed as part of this project. However, should dewaterin
activities prove necessary, they 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 Forth
Andover Wetland Bylaw. If other emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval, which
provides for the pumped water to be contained in a settling basin, to reduce turbidity
prior to discharge into a resource area.
70. 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. An fill
imported to the site must be accompanied by a certificate of origin or an analysis
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351 Willow Street DEP FILE #242 -- 1915
certifying cleanliness - whichever is most applicable as determined bv the Conservation
Commission or its staff.
71. No on-site fuel storage shall occur during construction. Equipment may be refueled
outside the 100-Foot Buffer zone by delivery.
72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year. Outside of the growing
season, 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.
73. 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.
74. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical)
other than what is allowed under this Order, if any.
75. 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.
76. A 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.
77. 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.
78. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
79. 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
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351 Willow Street DEP FILE # 242 - 1915
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
AFTER. CONSTRUCTION
80. with on-site coordination with the Conservation Department staff the applicant shall
review the existing wetland markers on site, and determine if additional markers are
required. Said markers are to be placed on 4x4 pressure treated posts in front of planting
areas and the no disturb zone as appropriate, bearing the following text: "Protected
Wetland Resource Area". This will designate the wetland resource sensitivity and assure
no further inadvertent encroachment into the wetland. 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 Tall.
81. 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.
82. 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 materials
shall not be sodium-based. 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.
83. 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.
84. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loarning and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved..
85. 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.
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86. 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.
87. 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 SA -- "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 a� disturbance of soils or vegetation.
➢ 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
341 Willow Street DEP File#242-1915 NACC Findings&Special Conditions
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351 Willow Street DEP PILE #242 - 1915
authority to waive these setbacks as established under the local Bylaw
(Condition #33);
➢ Trash receptacle to remain in place (Condition#44);
➢ Maintenance of stone infiltration trench (Condition #59);
➢ Planting areas to remain and allowed to naturalize (Condition #66);
➢ Discharge or spillage of pollutants (condition #79);
➢ Resource Area Markers to remain (Condition#80);
➢ Prohibition of underground fuels (Condition #81.);
➢ Limitations on the use of fertilizers, herbicides, road salts, and pesticides
(Condition#82);
➢ No dumping of leaves, grass clippings, brush., or other debris into a wetland
resource areas or the 25-foot No-Disturb zone (Condition #83);
➢ Prohibition of the use of coal tar based products for paving (Condition #85).
341 Willow Street DEP File#242-1915 NACC Findings&Special conditions
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351 Willow Street DEP FILE 4 242 -- 1915
APPENDIX A--AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT EE'A.ST ONE BLaCSC)
7. 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 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that 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. I hereby affirm and acknowledge that on this day of 1.9
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
341 willow Street DEP File#242-1915 NACC Findings&Special Conditions
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