HomeMy WebLinkAbout242-1919, Stonecleave Road OOC - Permits #242-1919 - 0 STONECLEAVE ROAD 11/24/2025 Massachusetts Department:of Environmental Protection Provided by Mass,DEP.
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetland's Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General' I nformation:
Please note: North Andover
this form has 1. From: Conservation Commission
been modified
with added 2. This issuance is for
space to (check on�e): a. Order of Conditions b.[] Amended Order of Conditions
accommodate
the Registry
of beads 3. To Applicant*
Requirements
a. First Name b. Last Name
Important: LRC Builders
When filling: ............
out forms,on c. Organization
the 475 Boston Road
computer, d.Mailingi Address
use only the
tab key to Billerica MA 01 8'21
move your e. City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner if different from applicant):
return key.
Barbara Adams, Trustee
tab a. First Name b. Last Name
Q George Blake Adams Living Trust
c.Organization
1634 Salem Street
d.Mailing Address
North Andover MIA 01845
................... ..............
e. City/Town f.State g.Zip Code
5. Project Location'-
Stoniecl'eave Road -North,Andover
a.Street Address b.City/Town
Map 104B Lots 13,9, 1407 11141
c,Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known- 42d66m93,9s 71 d05m4O2s
d. Latitude e. Lo:ngitud'e
wpaforrn5,doc-rev 5118/2020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
f WPA Fora 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information (cant.)
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)
17919 10
c. Book d. Page
September 8, 2025 November 12, 2025 November 24, 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):
Planned Residential Development for Assessor's Map 104B, Lots 139-141, Stonecleave
Road, 15 Sheets
Ranger Engineering Group, Inc. Benjamin C. Osgood, Jr.
b. Prepared By c.Signed and Stamped by
November 3, 2025 As Shown
d. Final Revision Date e.Scale
See Attached List of Plans and 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:
Land Containing Shellfish c' ® Prevention of
a. E Public Water Supply b. ❑ a d g
Pollution
d. E Private Water Supply e. Z Fisheries
f. Z Protection of
Wildlife Habitat
g. Z Groundwater Supply h. Storm Damage Prevention i. Z Flood Control
z. 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- 919
-- MassDEP File#
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Dented 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. El the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this order as per 310 CMR 10.05(6)(c).
3. Z Buffer Zone Impacts: Shortest distance between limit of project 25.5
disturbance and the wetland resource area specified in 310 CMR 1 o.o2(l){a} a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. EJ 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. El Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet J.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
WPA Form 5 -- Carder of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area impacts: check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. Designated Port Indicate size under Land Under the Ocean below
Areas '
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. Barrier Beaches Indicate size under Coastal Beaches and/or coastal Dunes
below
cu yd cu yd
13. ❑ Coastal Beaches
a.square feet b.square feet c. nourishment d. nourishment
14. E:1 Coastal Dunes cu yd cu yd
a.square feet b.square feet c. nourishment d. nourishment
15. ❑ coastal Banks a. linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17 EJ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. [:] Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. [] Land containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under 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 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 MassDEP:
Bureau of Resource Protection - Wetlands 242- 9 9
MassDEP File#
f WPA Form 5 Order of Conditions
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. ElStream Crossings}:
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Linder Massachusetts wetlands Protection Act
entered in
Section B.5.c
(BVW)or The following conditions are only applicable to Approved projects.
B.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
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 0.05(l )(f).
5. If this order constitutes an Amended order of Conditions, this Amended order of
Conditions does not extend the issuance date of the original Final order of Conditions and
the order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
WPA Form 5 Order of Conditions
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
............................
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
S. 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.
19. 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 242-1919 "
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 SA) 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.
15. 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 242-1919
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.)
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) E is subject to the Massachusetts Stormwater Standards
(2) ❑ is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a certification that:
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 10;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
€` WPA Form 5 — Order of Conditions
Massachusetts wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
C ity/Town
C. General Conditions Under Massachusetts wetlands Protection Act (cant.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 8(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:
1.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
r �3
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction Conditions
WPA Form a — Order of #
North Andover
City/Town
C. General Conditions Linder 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 4&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs. shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05( l 1), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
MassDEP File#
WPA Form 5 -- Order of Conditions
3
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. EJ 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. E that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover wetlands Protection Bylaw& Regulations Chap. 190
1. Municipal ordinance or Bylaw et-seq.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department of Environmental Protection P rovided by MassDEP:
-1
Bureau of Resource Protection - Wetlands 24,2 919
MassDEP File#
WPIA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special -Z6
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. 5
I
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
>J
C
Signa, I J Printed Name
Al,
71Vo
..........
A�
Z
o
Sig 61, Printed Name
T"V 1%
V
Si'ghature P tad Name
..........
S i g n a 4tr Printed Name
Signature Printed Name
............
Signature Printed Name
Signature Printed Name
by hand delivery on by certified mail, return receipt
requested, on
Date Date
wpaform5.doc-rev 8/3/2023 Page I 1 of 13
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Massachusetts department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
y MassDEP File#
WPA Form a - Order of Conditions
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 C M R 10.00). To the extent that the order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1919
7ii
MassDEP File#
WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
CityFrown
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
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
.-.,--_,,------....-___W..W.._________________-__________-_..-__--__.._-____-..___-___W_W_...._.._________________T_..______
To:
North Andover
Conservation Commission
Please be advised that the order of Conditions for the Project at:
Stonecleave Road 242-1919
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
Barbara Adams, Trustee George Blake Adams Living Trust
fir' Property owner
and has been noted in the chain of title of the affected property in:
17919 10
Book Page
In accordance with the order of Conditions issued on:
11-24-25
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 of 13
Stonecleave Road - DEP FILE #242 - 1919
The North Andover Conservation Commission (hereinafter the "NACC") sets forth the
following findings of fact:
,Site Description:
This property totals 13.3 acres, is currently undeveloped and wooded. Past management of
the property included timber harvesting as a wood lot. There is a gravel road within a 30'
wide right-of-way easement that runs from.Duncan Drive to the horse farm at 40 Duncan
Drive just west of wetland flag Series B & C. The property has varied/undulating
topography and contains two wetland systems, an isolated vegetated wetland containing a
potential vernal pool and a bordering vegetated wetland containing a certified vernal pool.
This property has not been subject to any previous wetland permitting with the Conservation
Commission.
The NACC agrees with the delineation of the following wetland resource areas as
inspected, without adjustment, on site by Conservation Department staff and are 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:
• Isolated Vegetated wetland. [IVw] -wetland Flags 1A - 35A
• Potential Vernal Pool within the IVw
• Bordering Vegetated wetland (BVW) -wetland Flags 1B-30B &4C - 20C
■ Certified Vernal Pool within the BVW
• 100-Foot Buffer Zone [Sub-Zones include 50' No Disturbance Zone and 75' No Build
.Zone for vernal pool provisions in the North Andover wetlands Regulations]
• The property lies entirely within NHESP priority habitat of Blandings Turtle.
• The property does not lie within the too-year floodplain
■ The property does not contain perennial streams or Zoo-Foot Riverfront Area
Therefore, the NACC hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the followin conditions modify.or differ from the
fans specifications or other proposals submitted with the Notice of Intent the conditions
shall control.
GENERAL CONDITIONS
20. The proposed work includes: The project will disturb approximately 3.59 acres with
three new single-family houses on a single lot under the Planning Board's Planned
Residential Development provisions, a 20' wide private roadway with cul-de-sac,
individual septic systems and wells, and stormwater management features that
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include catch basins, and three detention/infiltration basins. Work within jurisdiction
consists of a short section of the access road, grading, portions of storrnwater features.
The remaining 9.7 acres will remain undisturbed open space.
Horsley Witten (HW) performed a third party peer review of the proposed
stormwater management plan and calculations on behalf of the Town. The applicant's
engineer responded to HW's satisfaction, and has provided its final approval of same
in its October 28, 2025 review letter. The Planning Board concluded its review of the
project and issued an approval decision on November 4, 2025.
A waiver from the 50' No Disturb Zone to the BVW vernal pool has been requested to
install the drain pipe, flared end discharge and rip rap level spreader associated with
Pond #3. After due discussion and consideration at its November 12, 2025 meeting,
the NACC voted 5-0 to grant the waiver, as it found the applicant demonstrated that
no alternatives were available that resulted in less impact to the 50' No Disturb Zone -
all other possible alternatives in fact resulted in much more extensive clearing and
disturbance within the forested No Disturb.Zone.
21. The Work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent: dated September 5, 2025, with associated attachments, filed by:
Applicant: LRC Builders, 475 Boston Road, Billerica, MA 01821
Property Owner: Barbara Adams, Trustee - George Blake Adams Living Trust
1634 Salem Street, North Andover, MA 01845
Representative:
Benjamin.C. Osgood,Jr., PE
Ranger Engineering Group, Inc., 130 Main Street,Suite 202, Salem, NH 03079
Record Site Plans:
"Planned Residential Development for Assessor's Map 104B, Lots 139-141,
Stonecleave Road", 15 Sheets, prepared by Ranger Engineering Group, Inc.,
signed and stamped by Benjamin C. Osgood,Jr., PE, revision dated
November 3, 2025.
Grading & Drainage Plan, CS1501 - Annotated with Alternatives Analysis,
prepared by Ranger Engineering Group, Inc., signed and stamped by
Benjamin C. Osgood,Jr., PE, revision.dated November 3, 2025.
Record Stormwater Management Report, Including the Long-Term Pollution Prevention
Plan:
0 Prepared by Ranger Engineering Group, Inc. signed & stamped by Benjamin
C. Osgood,JR., PE, revision dated October 28, 2025
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Other Record Documents:
* Horsley Witten stormwater third party peer review letters dated September
18, 2025, October 23, 2025, October 28, 2025 and email correspondence dated
October 31, 2025.
• Division of Fisheries &Wildlife, Natural Heritage & Endangered Species
Program.- Conmment Letter & List of Conditions - dated October 8, 2025.
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 thin
.days 30) prior to the expiration date of the order (Refer to Section 8.3) of the North
Andover Wetland Regulations).
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28. The NACC reserves the right to amend this order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
29. where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
30. The NACC finds that the intensive use of the upland areas and buffer zone can cause
further alteration of the wetland resource areas. Therefore, in order to prevent any
alteration of wetland and vernal pool resource areas a fifty foot 50' No--Disturbance
Zone and a seventyfive foot 75' No-Construction Zone shall be established from the
edge of the adjacent wetland resource area. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone notwithstanding proposed
mitigation measures within the buffer zone and resource areas as approved under this
Order of Conditions. (See Section 3.4 &Appendix F of f the local Regulations).
31. 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. 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.
32. 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.
33. 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.
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PRIOR TO CONSTRUCTION
............................... . . ................................ I.............. ............I................. ......................
34. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
35. This Order shall be recorded, in its entirety,by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording Information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
36. A check, accompanied by an up-to-date w9 form, payable to the Town of North
Andover shall be provided in the amount of twenty five thousand dollars ($25,000)
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on
the completion of all conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released after completion of
the project, provided that provisions, satisfactory to the NACC, have been made for
performance of any conditions which are of continuing nature. The applicant may
propose a monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under the
authority of the local Bylaw.
37. The applicant shall designate a wetland Scientist (or other qualified environmental
professional as approved by the NACC or its agent) as an"Erosion Control Monitor"
to oversee any emergency placement of controls and regular inspection or replacement
of sedimentation control devices. Proof of the retained monitor must be submitted to
the conservation Department on letterhead by the retained consulting firm in time for
the sit--down meeting. Contact information for the erosion control monitor shall be
forwarded to the Conservation Department in time for the sit-down meeting. This
person shall be given the authority to stop construction for the purposes of
correcting problems with erosion control. The Environmental Professional will
immediately notify the conservation agent of any matter that requires attention by
the Commission or the agent. The erosion control monitor must be available during
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any 24-hour period, including weekends in case of an emergency. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
38. The IVW at the front is subject to neighborhood dumping of yard waste, tree/brush
cuttings, trash, beer bottles etc. Prior to any work on site, this area shall be cleared of
all debris and trash to the satisfaction of the Conservation Department. If clean up
cannot be accomplished by hand, the applicant/contractor/owner shall receive
approval from the Conservation Department for any mechanical means proposed.
39. Prior to work commencing on site and the on-site pre-construction meeting,, the
following documents and materials shall be submitted and then the contractor,
applicant, project engineer, erosion control monitor shall meet in office with the
Conservation Administrator/Department staff (and Planning Department staff, if
available) to review and establish the following:
a. 100% construction drawings accompanied by a memorandum that details plan
revisions versus the approved plan set referenced in this order and shall be
submitted to the Conservation Department. The memorandum shall provide a
review of any revisions within the Commission's jurisdiction and resulting
conflicts with the Special Conditions of this order. The Conservation
Department in consultation with the Chairman shall make a determination as to
whether said revisions can be reviewed administratively or by way of
modification or amendment with the Commission;
b. The 100% construction drawings shall include a planting/landscaping plan that
includes species chosen from the Town of North Andover's Approved Plant
Material List- so as to ensure all plants are native to New England;
c. A written construction sequence for installation of the level spreader within the
50' NDZ shall be prepared by the project engineer, presented to and approved
by the contractor and submitted to the Conservation Department for review
and comment (Conservation staff will have the discretion to consult with
individual members of the Commission for input if necessary);
d. Copy of the Turtle Protection Plan as required by NHESP;
e. The applicant and contractor shall adhere to the Turtle Protection Plan and the
wildlife biologist's reports due to NHESP shall be also forwarded t the
Conservation Department upon immediate availability;
f. A copy of the order of Conditions, with each page bearing the general
contractor/site supervisor's initials to ensure acknowledgment/understanding
of all conditions herein;
g. A signed and executed copy of the Long--Term operation &
Maintenance/Pollution Prevent Plan shall be submitted to the Conservation
Department;
h. The Stormwater Pollution Prevention Plan (SWPPP) shall be submitted and
provisions therein shall be reviewed, to ensure their understanding and
expectations for construction. The SWPPP shall be prepared in accordance with
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the current US Environmental Protection Agency's Stormwater Construction
General Permit and related guidance document entitled "Developing Your
Stormwater Pollution Prevention Plan: A.Guide for Construction operators".
i. A detailed sequence/schedule of construction, installation of
sedimentation/erosion control devices and every phase of development. These
phases shall be reviewed during the office meeting.
j. Review of the entire Order of Conditions to ensure understanding by all
parties.
k. A contact list for all responsible parties for site development and monitoring
phases, including the wildlife biologist as required by the NHESP. Contact list
shall include names, role, cell and office phone numbers, mailing addresses and
email addresses.
40. Prior to construction and in time for the on-site pre-construction meeting the
following shall be implemented/prepared for Conservation Department inspection:
a. A sign, visible from the street, shall be displayed at the site,visible from the
public right of way, not less than two square feet or more than three square feet
in size bearing the words "Massachusetts DEP, File Number 242-1919."
b. All erosion control measures shall be properly installed, by survey in the field,
between all construction areas and wetlands as shown on the approved plan.
c. 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.
d. 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.
e. All existing and proposed catch basins and any other stormwater inlets on the
site or on the streets adjacent to the project shall be protected by
erosion/sedimentation controls (i.e. silt sacks) to prevent sediment from
entering any drainage systems. Erosion/sedimentation controls shall be
maintained and regularly cleaned of sediments until all areas associated with
the work permitted by this Order have been permanently stabilized and the
Commission has formally approved their removal.
f. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 100 feet of silt soc compost filter tube silt fence
and sufficient stakes for staking, and not less than 4 rolls of 100%
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biodegradable erosion control blanketin no plastic netting) covered from
the elelm.ents, and shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion. The NACC or
its Agent shall have the discretion to require additional emergency erosion
control BMP-s to be brought to the site if deemed necessary. In addition,
should construction personnel parking cause unacceptable impacts to the buffer
zone or limit work area, parking shall be reviewed and implemented on site so
as to eliminate these impacts.
g. Prior to construction, the applicant shall permanently mark the limits of
disturbance that touch or are adjacent to the 100" buffer zone with weather
resistant monuments (i.e. 4x4 pressure treated, cedar or granite posts), installed
at 50-foot Intervals and as agreed upon in consultation with the Commission or
designated agent, bearing markers reading: "Protected Wetland Resource
Area" at a ratio of one square marker for every three round markers
(approximately 20 markers total). This will designate the wetland resource
sensitivity and assure no further inadvertent encroachment into the wetland.
Prior to installation in the field, the placement of these permanent markers shall
be subject to review and approval by the Conservation Administrator. The
applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Said markers are available for purchase in the Conservation
Department at Town Hall.
h. 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 fined 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.
i. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals
required for this project, or phases of the project where appropriate, and no
work within the Commission's jurisdiction. shall, commence until all other
state or local permits, approvals, and variances have been obtained. This is
to ensure that impact to jurisdictional areas 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.
41. The erosion controls shall serve as the limit of work. Workers should be informed that
no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time.
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42. once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation office prior to site activities and shall arrange
an on-site conference with an NACC representative, the contractor,_erosion control
monitor, ro'ect en ineer wildlife biologist and the applicant to ensure that all of the
Conditions of this order are understood. A reasonable period of time shall be
provided as notice of the pre-construction meeting (e.g. 72 hours).
43. At least once during each week in which construction activities occurs on--site and for
as long thereafter as ground remains unstabilized, a written report with photographs
from the "Erosion Control Monitor" shall be submitted to the NACC certifying that, to
the best of his/her knowledge and belief based on a careful site inspection, all work is
being performed in compliance with this order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during and
following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
44. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). within 21 days of the close of said public hearing the
NACC will issue an amended or new order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
45. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this order of Conditions and referenced
documents before commencement of construction.
46. The applicant and/or the legal owner of that portion of land upon which these orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these orders of Conditions and is in compliance with each and every
condition. The Affidavit document shall apply to each of the conditions referenced
herein and shall be provided to the Conservation Department at least five 5 business
da s rior to the closing of said land transaction as well as prior to the Conservation
Department signing off on any Certificate of occu anc .
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47. Prior to the Conservation Department's sign of any Certificate of occupancy permits,
Snow Management and Stormwater Swale signage shall be installed per Special
Conditions #'s 48 &49 below.
STORMWATER MANAGEMENT CONDITIONS
---------- .......
.................. ...................................
48. Prior to the Conservation Department's sign off of any Certificates of occupancy
Permits, the Stormwater Swale draining to fond #3 shall be posted with permanent
signage that instructs residents and their agents about the purpose,function and
maintenance requirements of said Swale so that this stormwater feature will remain in
good working order, thereby avoiding,any alteration thereto. This sign shall be
installed at an appropriate height for maximum visibility to landscape contractors,
homeowners and others.
49. Prior to the Conservation Department's sign off of any Certificates of occupancy
Permits, permanent signage bearing the message "No Snow Stockpiling-Stormwater
Facility" shall be installed at the southwest corner of Stormwater Pond #1, at the
westerly edge of Unit#3's driveway, at the northerly side of Stormwater Pond #2, and
the terminal ends of the driveways of Units #1 and #2. These signs shall be installed
at an appropriate height for maximum visibility to snow plow operators and other
contractors.
50. 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.
51. 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.
52. water quality in down gradient B Vw'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.
53. All new catch basins shall contain oil/grease traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/grease traps in the catch basins be maintained. All catch basins shall be free of all
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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.
54. Prior to the issuance of the Certificate of Compliance, and not less than 3 months of
requesting a Certificate of Compliance, the applicant shall be responsible for cleaning
all stormwater structures, in accordance with the approved Long Terra Pollution
Prevention Plan. Evidence of said cleaning (i.e. invoices/bills of lading) shall be
submitted to the Conservation Department for its file.
55. 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.
56. All stormwater best management practices shall be maintained as specified in the
attached Pollution Prevention and operation.and Maintenance flan (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
.............................
57. Any proposed landscaping within jurisdictional resource areas shall consist of species
native to New England. Landscaping outside jurisdictional resource areas shall
consist of species that are non-invasive in all respects. Prior to implementation, a final
landscape plan with plant schedule, shall be submitted to the NACC/Conservation
Administrator for review and. approval. This plan may be included in the 100%
construction drawings per Special Condition#39.b.
58. Invoices for the purchase of native New England Seed Mixes/plantings referenced
above in Condition#39.b. above shall be provided to the Conservation Department
upon immediate availability and before install/seed application in the field.
59. Upon beginning work, the applicant/monitor shall submit written progress reports
every month detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
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60. The Conservation Department shall be carbon copied on all reports and observations
made by the wildlife biologist monitoring the turtle protection plan and BMPs on site.
61. Should de-watering activities be anticipated, r�ior to implementation in the field,
means and methods shall be reviewed and approved by the Conservation Department
and shall be proposed outside the 100-Foot Buffer zone. All dewatering activities
shall be supervised and witnessed by the designated erosion control monitor. De-
watering activities shall be monitored daily by the erosion control monitor to ensure
that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the wetlands Protection Act and/or the North Andover Wetland
Bylaw. If other emergency de-watering requirements arise, the applicant shall submit
a contingency plan to the Commission for approval, which provides for the pumped
water to be contained in a settling basin, to reduce turbidity prior to discharge into a
resource area.
62. Imported and/or structural fill shall be well--graded sand and gravel having a
maximum particle size of 3 inches and no more than 10% passing the No. 200 sieve. .
Any approved imported and/or structural fill shall be certified clean fill free of
hazardous substances and meeting all applicable regulations. Notwithstanding, any
imported fill used in connection with this project shall be clean fill, containing no
trash, refuse, rubbish or debris, including but not limited to roots, concrete, other non-
so*1 constituents, and other deleterious or compressible materials lumber, bricks,
plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete,
recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing. Any fill imported to the site must be accompanied bv a certificate of
origin or an anal sis certif in cleanliness -- whichever is most ap licable as
determined by the Conservation Commission or its staff.
63. No outdoor fuel storage or construction equipment refueling shall occur within
jurisdictional resource areas during construction.
64. 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, foamed and seeded prior to November 1st of each year. outside of the
growing season, beyond November 15th of any construction year, exposed soil finish
grade surfaces shall be stabilized with a layer of mulch hay, straw, tackif ier or
biodegradable erosion control blanket (as appropriate depending on slope, or other
conditions etc...) until climate conditions allow for seeding. During construction, any
area of exposed soils that will be left idle for more than 30 days shall be stabilized with
a layer of mulch hay or other means approved by the NACC.
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Stoneeleave Road - DEP FILE #242 - 1919
65. Associated pavement and public roadways shall be swept at least weekly or as
directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or
Conservation staff for as long as the site remains exposed and un-stabilized. If material
is tracked beyond the construction entrance onto the adjacent public roadway, it will
be swept up daily.
66. No re-grading in the buffer zone shall have a slope steeper than 3:1 (horizontal:
vertical), unless otherwise shown on approved plans referenced herein.
67. Materials stockpiling shall occur outside jurisdictional resource areas. At no time shall
be stockpiling of soil or any other materials occur on the wetland side of the erosion
controls.
68. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within jurisdictional resource areas.
69. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. 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
71. Following completion of construction, the applicant shall stencil, with appropriate
weather resistant paint, all catch basin inlets to prohibit dumping and indicate that the
inlet is for the disposal of storm.water only and discharges to waterways or wetlands.
72. 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.
73. 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
Stonecleave Road,Assessor's Map 104E Lots 139-141 DEP File#242-1919 NACC Findings&Special Conditions
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Stonecleave Road - DEP FILL 4 242 - 1919
herbicides shall not be used within 100 feet of a wetland resource area unless
approved under Special Condition #77 above. 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.
74. No sodium.-based products shall be used for control of ice or snow within 100 feet of
the wetland.
75. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris
into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall
remain in perpetuity.
76. 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.
77. 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.
78. 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.
79. 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 reap/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. A written report summarizing pH monitoring results collected throughout the life
of the project;
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Stonecleave Road - DEP FILE #242 - 1919
j. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
80. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 50' No-Disturbance Zone and a 75' 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#30;
➢ Resource Area Markers (Condition #40.g.);
➢ Permanent stormwater facility and snow signage (Conditions #'s 48 &49);
➢ Adherence to the attached "Long-Term.O&M Pollution Prevention Plan". No
additional filings will be required to conduct maintenance of the above
referenced system as detailed in the report (Condition#56).
➢ Discharge or spillage of pollutants (Condition #70);
➢ Prohibition of underground fuels (Condition #72);
➢ Prohibition of the use of coal tar-based products for paving (Condition #};
➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and de-
icing compounds (Conditions #73 & 74);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #75).
➢ No coal tar based driveway sealants (Condition #77).
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Stoneceave Road - DEP FILL #242 - 1919
APPENDIX A-AFFIDAVIT
if on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whorl Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&f or
2. I 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. 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. I 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. I 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)
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