HomeMy WebLinkAbout242-1924, 1591 Osgood Street OOC - Permits #242-1591 - 1591 OSGOOD STREET 2/12/2026 4
Massachusetts Department ofEnvironmental Protection, Provided by Mass,DEP:
-
Bureau! of Resource Protection - Wetland 242 1924
's M'assDEP File#
fA WPA Form 5 -1 Order of Conditions,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e,DEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover,
this form has, 1. From: Conservation Commission
been modified
with adde .d 2 Th:is issuance is for
spaceto a. Order of Conditions b. Amended Order of Conditions
accommodate (check one
the Registry
of Deeds 3. To: Applicant:
Requirements
Sanjay Sli'ngh
a. First Name b. Last Name
Important: Singh Realty Group LLC
When filling
out forms on c.Organization
the 6 Fond Road
computer, d. Mailing Address
use only the
tab key to, Haverhill MIA 01832
move your e. City/Tolwn f.State g.Zip Code
cursor-do,
not use the 4. Property Owner it different from applicant):
return key,
tab a. First Name b. Last Name
1591 Osgood Properties, LLC
c.Organization
1591 Osgood Street
d. Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip,Code
5. Project Location.
1591 Osgood Street North Andover
a.Street Address b. City/Tolwn
Map 34 Lot 4
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d73m258'7s 71 d 11 m2848s
d. Latitude e. Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242.1924
MassDEP File#
{' WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
C ityrrown
A. General Information (cont.)
s. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registered land)
8351 87
c. Book d. Page
7. Dates: 11-25-25 01-28-26 02-12-26
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):
Suraj Landing 1591 Osgood Street, 21 Sheets
a. Plan Title
Jones & Beach Engineers, Inc. Erik Poulin, PE
b. Prepared By c.Signed and Stamped by
01-26-26 As Shown
d. Final Revision Date e.Scale
See Attached List of Approved 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. EPublic Water Supply b. Land ContainingShellfish c. ® Prevention of
Pp Y � Pollution
d. EPrivate Water Supply e. Fisheries f. E Protection of
pp Y ® Wildlife Habitat tt
g. ® Groundwater Supply h. ® Storm Damage Prevention i. E Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. E 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 242-1924
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.)
Denied because:
b. [:1 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. E Buffer Zone Impacts: Shortest distance between limit of project —231pave
disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) removal
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. E] Bank a. linear feet b. linear feet c.linear feet d. linear feet
5. El 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 104 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 242-1924
�—' 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 (cunt.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o. El Designated Port Indicate size under Land Under the ocean below
Areas
1. ❑ 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
�z. ❑ Barrier Beaches below
3. Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
14. El 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. ❑ 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
9. 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. El Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet J.square feet
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Massachusetts Department of Environmental Protection Provided by MassDFP:
Bureau of Resource Protection - Wetlands 242.1924
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.)
#23.If the
project is far 23. El Restoration/Enhancement*:
e
the purpose of
restoring or a.square feet of BVVV b.square feet of salt marsh
enhancing a
wetland
resource area 24. ❑ Stream 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 Under 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
the additional regulatory measures, shall be deemed cause to revoke or modify this order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any 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).
0. 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 242-1924
MassDEP File#
WPA Form 5 — Order of Conditions
A 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"I
"File Number 242--1924 "
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 242-1924
MassDEP File#
�? 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.)
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) 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 1 0;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1924
1 MassDEP File#
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 13 §40 eDEP Transaction#
North Andover
C ity/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cost.)
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 long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution ❑ischarge 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 242-1924
MassDEP File#
._, WPA Form 5 [order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 ❑esign Credits) shall not be altered without the prior written
approval of the issuing authority.
l} 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 242-1924
--' 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
D. Findings Under Municipal Wetlands Bylaw or ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes n No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. El 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. Z that the following additional conditions are necessary to comply with a municipal
ordnance 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 5/18/2020 Page 10 of 13
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Massachusetts, Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1924
MassDEP File 4
WPA Form 5 - Order of Conditions
Massachusetts W'etlan�d's 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'
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.
This Order must be signed by a majority of the Conservation Commission. 2.Num r 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
/00000,
r
Si
�r
Si PrJnted Nar,,pe
A
Signatur Printed Name
Signatur P' tad Name
r
"Alf, f
Sign&LUIIU Printed Name
1V/.........
"A
si 0
Printed Name
kd
SiP'ture Printed Name
Signature Printed Name
by hand delivery on PC by certified mail, return receipt
requested, on
Date Date
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1 924
MassDEP File#
WPA Form 5 - 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 CIVIR 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242.1924
MassDEP File#
{' WPA Form 5 — [order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
G. 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_____W________W_____-----W____..W.._----W W..W_....----..W_...._..__....-__
To:
North Andover
Conservation Commission
Please be advised that the order of Conditions for the Project at:
1591 Osgood Street 242-1 924
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
591 Osgood Properties, LLC
for: Property owner
and has been noted in the chain of title of the affected property in:
8351 87
Book Page
In accordance with the Order of Conditions issued on:
02-1 2-25
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
1591 Osgood Street DEP FILL #242-1924
The North Andover Conservation commission (hereinafter the "NACC") sets forth the
following findings of fact:
Current Pro'ect Site Conditions: The 2.85- acre site is currently developed with a commercial
building, paved parking lot, utilities, lawn, defunct mini-golf course, landscaping and
associated appurtenances. Parts of the site are wooded with wetlands and associated buffer
zone.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by the Conservation Administrator/Field Inspector with/without flag
adjustments 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 W1 -W17
b. An off-site BVW located north of the property boundary - deemed reasonable
based on viewing from subject site
c. 100-Foot Buffer Zone to BVW
d. The project site does not lie within NH ESP Priority Habitat or within 1.00 feet of
vernal pools
e. The project site does not occur within the too-year floodplain
f. The project site does not occur within 200-Foot Riverfront Area
These resource areas are significant to the interests of the Act and Town Bylaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
Project Site Permit History:
The project site has not been subject to previous permitting with the NACC.
GENERAL CONDITIONS
21. The proposed work includes: demolition of existing structures,
reclaim/reconfiguration of paved areas, and construction of a new four-story mixed-
use building with 112 parking spaces, utility infrastructure, and stormwater
management. The Applicant is proposing catch basins and two subsurface infiltration
chamber systems for stormwater treatment.
The Planning Board issued Site Plan.Review, Inclusionary Dousing, and Corridor
Development District Special Permits approval dated 01/06/2026. The Board engaged
three peer reviews: Stormwater with Horsley Witten Group, Civil Engineering with
Hancock ock Associates and Traffic with VHB.
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1591 Osgood. Street DEP FILE #242--1924
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: dated November 25, 2025 with associated attachments, filed by:
o Applicant: Sanjay Singh
6 Fondi Road
Haverhill, MA 01832
o Property owner: 1591 Osgood Properties, LLC
1591 Osgood Street
North Andover, MA 01845
■ Representative Project En ineer etland Consultant:
o Erik Poulin
Jones & Beach Engineers, Inc.
85 Portsmouth Ave, P.O. Box 85
Stratham, NH 03885
• Record Site Plans: Commercial Development, "Suraj Landing", Tax Map 34 and
Lot 4, 1591 Osgood Street, North Andover, MX' 21 sheets, prepared by Jones &
Beach Engineers Inc., signed and stamped by Erik M. Poulin, scale as noted,
revised 01/26/2026
• Record Stormwater Management Report: "Drainage Analysis Erosion and
Sediment Control Plan", Prepared by Jones & Beach Engineers Inc., revised
12/31/2025
• Record Stormwater Operations and Maintenance Plan.: "Stormwater Management
Operation and Maintenance Manual", prepared by Jones & Beach Engineers Inc.,
revised 10/21/2025
• Other Record Documents/Peer Review Letters:
o Notice of Intent Filing Response Letter with attachments, prepared by Jones
& Beach Engineers, signed by Erik Poulin dated 01/05/26
o Jones & Beach Engineers response letters &materials to peer reviews dated
11/25/25 & 12/31/25
o Stormwater Peer Review letters, prepared by Horsley Witten Group, dated
10/15/2025, 12/10/2025 & 01/06/2025
o 1591 Osgood Street Permit Site Plan Peer Review letters, prepared by
Hancock Associated, dated 11/13/2025 & 01/05/26
23. The term."Applicant" as used in this order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property (i.e. the project site as
described above) referenced in the Notice of Intent, supporting documents and this
Order of Conditions. The NACC shall be notified in writing within 30 days of all
1591 Osgood Street DEP File#242-1924 NACC Findings&Special Conditions
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1591 Osgood Street DEP FIDE #242-1924
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
9_
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 thirty
days 30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover 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 mare a
determination and to issue a Superseding order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
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1591 Osgood Street DEP FILtE # 242-1924
32. The NACC finds that the intensive use of the upland areas and buffer zone can cause
further alteration of the wetland resource areas. Therefore, in order to prevent any
alteration of wetland resource areas a twenty five foot 25` No-Disturbance Zone and
a fifty foot (50") No-Build zone 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.
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. The contractor and applicant/property owner will be held
jointly liable for any violation of this order resulting from failure to comply with its
conditions and approved plans as they relate to the contractor's scope of work.
Thereafter, the applicant/property owner will be held liable for any violation of this
Order resulting from failure to comply with its conditions, including on-going
perpetual conditions.
34. The owners of the project and their successors in title agree that the order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
35. The applicant, homeowner their successors in title and their contractors are advised
that No other work on the property is allowed under this permit. The NACC has
jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones site and any
work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes, but are not limited to,
house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and
bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be
held to the current standards under the Bylaw and WPA and must be reviewed under
a separate application submitted to the Conservation Commission.
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.
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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, accompanied by the OOC recording
information and an up-to-date W9 form, 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 and a Certificate of Compliance is issued. 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. 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.
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41.. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the erosion control monitor shall
submit a written report with photographs to the NNACC 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 pleasures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during and
following a major storm event of 1/2" inch of rain or greater (24-hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
42. The erosion control monitor shall be given the authority to stop construction for the
purposes of correcting problems with erosion control. He/she shall immediately
notify the Conservation agent of any matter that requires attention by the Commission
or the agent. The erosion control monitor must be available during any 24--hour
period, including weekends in case of an emergency. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
43. 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 arrange an in-office meetin
with the Conservation Administrator (and Planning Department staff, if
available/applicable) 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. 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.
c. The Stormwater Pollution Prevention Plan (SWPPP), signed by the responsible
party, 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 the U.S Environmental Protection Agency's
Stormwater Construction General Permit and related guidance document
entitled "Developing Your Stormwater Pollution Prevention Plan: A Guide for
Construction Operators"".
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1591 Osgood Street DEP FILL 4 242-1924
d. A detailed sequence/schedule of all phases of construction, installation of
sedimentation/erosion control devices and re-vegetation.
e. De-watering means and methods, should they be required.
f. Review of the entire Order of Conditions to ensure understanding by all
parties.
g. A contact list for all responsible parties for site development and monitoring
phases. Contact list shall include names, role, cell and office phone numbers,
mailing addresses and email addresses.
44. Prior to construction and in time for the on-site pre-construction meeting the
following shall be implemented/prepared for/delivered to Conservation Department
for inspection:
a. A sign 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 242-1924."
b. All erosion control measures shall be properly installed, by survey in the field,
between all construction areas and wetlands as shown on the approved plan set
and as prescribed in this OOC.
c. Any 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.
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 storrnwater inlets on the
site or on the streets adjacent to the project shall be protected by
erosion/sedimentation controls/silt sacks to prevent sediment from entering
the drainage system. Erosion/sedimentation controls shall be maintained and
regularly cleaned of sediments until all areas associated with the work
permitted by this Order have been permanently stabilized and the Commission
has formally approved their removal.
f. Construction personnel parking, trailers or other various vehicles or
construction equipment shall not be parked/stored on the wetland side of the
erosion controls, or areas within 50 feet of a wetland.
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g. The footprints of the proposed subsurface infiltration units shall be cordoned
off so as to avoid soil compaction from construction equipment activity.
h. All construction phase dewatering BMPs shall be on site and installed in time
for inspection at the pre--construction site visit with the Conservation
Department. De-watering - rp iar 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.
i. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 100 feet of silt soc Lcompost filter tube silt fence
and sufficient stakes,_and not less than 3 rolls of t00%biodegladable erosion
control blanketing/jute mesh covered from the elements and shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion. The NACC or its Agent shall have the discretion
to require additional emergency erosion control BMP's to be brought to the site
if deemed necessary.
j. Prior to construction or as soon as logistically possible, the applicant shall
permanently mark the No Disturb Zone with weather resistant monuments,
installed at intervals agreed upon in consultation with the Commission or
designated agent, bearing markers reading: "Protected wetland Resource
Area" at a ratio of one square marker for every three round markers. This will
designate the wetland resource sensitivity and assure no further inadvertent
encroachment into the 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.
k. 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
1591 Osgood Street DEP File#242-1924 NACC Findings&Special Conditions
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1591 Osgood Street DLP FILE #242-1924
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.
45. The erosion controls shall serve as the limit of work. Site personnel shall be informed
that no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time.
46. once these above mentioned pre-construction requirements are complete the
applicant shall contact the Conservation office prior construction and shall arrange an
on-site conference with an NACC representative, the contractor, project engineer,
erosion control monitor and the applicant to ensure that all of the conditions of this
Order are understood, all pre-construction requirements have been properly
addressed, and all erosion controls and site protection measures are properly installed.
A reasonable period of time shall be provided as notice to schedule the pre-
construction meeting (e.g. 72 hours).
47. During the on-site pre-construction meeting,Conservation staff and the erosion
control monitor shall walk the limit of work (Low)/erosion control line and reap 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 construction phases. These observation points shall be
included in each weekly or storm event report.
48. This order shall be included in all construction contracts, subcontracts, and
specifications dealing,with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors
and other personnel performing the permitted work are fully aware of the permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
49. 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.
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50. 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.
51. 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 NA.CC 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.
RESTORATION PLANTING CONDITIONS
52. Final restored areas and any other disturbed areas shall receive a combination of New
England Semi-Shade Grass and Forbs and New England Conservation/Wildlife seed
mix as prescribed by the Conservation Department and sourced from vendors as
directed, and rate of seed application shall be 1.5x the vendor/manufacturer
recommendation (to ensure vigorous growth).
53. Invoices for the purchase of native seed mixes referenced above in Condition#52
above shall be provided to the Conservation Department upon immediate availability
and before install/seed application in the field.
54. All areas of seeding shall be blanketed with t00% biodegradable erosion control
blanketing or jute mesh from vendors directed by Conservation Department.
Blanketing/mesh shall be staked so as to stay in place securely
55. The area shall be monitored by a wetland scientist for 2 full growing seasons to ensure
75% overall survival/coverage of seed mix.
56. Annual reporting by wetland scientist shall be submitted to the Conservation
Department. This reporting can be incorporated into erosion control inspection
reports.
57. 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.
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ESTORMWATER
MANAGEMENT CONDITIONS
58. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
59. The proposed stormwater management facilities shall be constructed in compliance
with the approved plans, and their preparation and installation shall be overseen by
the design engineer or other qualified professional so as to certify compliance and
correct means and methods for their construction.
60. water quality in down gradient BVW s shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
61. All new catch basins shall contain oil/grease traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/grease traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Certificate of Compliance is issued and the owner
or his/her agent shall so specify in the request for Compliance.
62. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Post Construction Operation and Maintenance flan (O&M) attached herein and the
associated stormwater management conditions mandated herein. Evidence of said
cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation
Department for its file.
63. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system, unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation which might cause failure of the
system and/or detrimental impacts to on--site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
64. All stormwater best management practices shall be maintained as specified in the
approved Pollution Prevention and Operation and Maintenance flan (O&M) 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
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construction. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line. The approved Operation & Maintenance Plans are
fully binding upon the applicant and/or owners, successors, agents, associations, heirs
and assigns and must be adhered to in perpetuity.
DURING CONSTRUCTION
.............................
65. As soon as logistically possible BUT before Conservation sign off on any Certificate of
Occupancy, permanent snow management/storage signage, of adequate size, shall be
installed so as to identify areas where snow stockpiling is PROHIBITED so as to
protect the wetland resource areas and associated buffer zones. Signage shall be
installed at snow contractor drivers' eye level at locations directed by the
Conservation Department. These signs shall remain in good condition and replaced as
necessary. This condition shall be on-going and shall survive beyond the issuance of a
Certificate of Compliance.
66. Any proposed landscaping within jurisdictional resource areas shall consist of species
native to New England.. Prior to implementation, a final landscape plan with plant
schedule, shall be submitted to the NACC/Conservation Administrator for review
and approval.
67. Invoices for the purchase of native New England Seed Mixes/plantings referenced
above in Condition #52 above shall be provided to the Conservation Department upon
immediate availability and before install/seed application in the field.
68. 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.
69. 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-
soil constituents, and other deleterious or compressible materials lumber, bricks,
plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete,
recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing. An fill im orted to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness -- whichever is most applicable as
determined b the Conservation Commission or its staff.
70. No outdoor fuel storage or construction equipment refueling shall occur within
jurisdictional resource areas during construction.
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71. Cement trucks shall not be washed out in any wetland resource or buffer zone area.
Any deposit of cement or concrete products into a buffer zone or wetland resource
area shall be removed by hand.
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 15t 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 NA.CC.
73. Associated/adjacent pavement and roadways shall be swept at least weekly or as
directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or
Conservation staff for as long as the site remains exposed and un-stabilized. If material
is tracked beyond the construction entrance onto the adjacent public roadway, it will
be swept up daily.
74. 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.
75. Materials stockpiling shall occur outside jurisdictional resource areas or at a location
as shown on the approved plan or approved by the Conservation Agent. At no time
shall be stockpiling of soil or any other materials occur on the wetland side of the
erosion controls.
76. 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.
77. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
78. 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 NA.CC 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.
1591 Osgood Street DEP File#242-1924 NACC Findings&Special Conditions
Page 13 of 17
1591 Osgood Street DEP FILE #242-1924
,[:AFTER CONSTRUCTION
79. 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.
80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (c 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. 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.
81. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
82. once areas of allowable snow storage reach their capacity, excess snow MUST be
taken off site to an appropriate facility. This condition shall be on-going and survive
beyond the issuance of a Certificate of Compliance.
83. 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.
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
loaming 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.
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 8A. - "Request for a certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
1591 Osgood Street DEP File#242-1924 NACC Findings&Special conditions
Page 14 of 17
1591 Osgood Street TIFP FILE #242-1924
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 & storm.water
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.
SS. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones] The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw (Condition#32),
➢ No other work without new application (Condition#35),
➢ Resource Area Markers (Condition #44 J.),
1591 Osgood Street DEP File#242-1924 NACC Findings&Special Conditions
Pa e 15 of 17
1591 Osgood Street DEP FILE #242--1924
➢ Long term O&M of Stormwater BMP-s &reporting (Condition#64);
➢ Snow stockpiling signage (Condition #65);
➢ Discharge or spillage of pollutants (Condition #78);
➢ Prohibition of underground fuels (Condition #79);
➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #80 & #81);
➢ Excess snow must be brought off site once areas of allowable snow storage
reach their capacity (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).
1591 Osgood Street DEP File 4242- 924 NACC Findings&Special Conditions
Page 16of17
1591 Osgood Street DEP FILE #242-1924
APPENDIX A-AFFIDAVIT
i, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEASE'ONE BL0CC)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NA CC number)
the North Andover Conservation Commission.
$/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)
1591 Osgood Street DEP File#242-1924 NACC Findings&Special Conditions
Page 17 of 17
STORMWATER MANAGEMENT OPERATION AND
MAINTENANCE MANUAL
Osgood Street Multi-Use Building
Tag Map 34 /Lot 4
1591 Osgood Street
North Andover, MA
Prepared for:
Singh Reality Group LLC
6 Fondi Road
Haverhill, MA 01832
Prepared by•
Jones & Beach Engineers, Inc.
85 Portsmouth Avenue
P.O. Box 219
Stratham, NH 03885
(603) 772-4746
October 2, 2025
Rev-2 October 21, 2025
JBE Project No. 24224
JPNES&BEACH --
ENGINEERS INC.
Inspection and Maintenance of Facilities and Property
A. Maintenance of Common Facilities or Property
l. The Singh Reality Group LLC, future owners and assigns are responsible to perform the
maintenance obligations or hire a Professional Engineer to review the site on an annual basis for
maintenance and certification of the stormwater system. The owner shall Deep receipts and records
of all maintenance companies hired throughout the year to submit along with the following form.
2. Annual stormwater inspection reports should be done each year and a copy kept on file. These are to
be submitted to the town upon request.
B. General Inspection and Maintenance Requirements
a. Permanent stormwater and sediment and erosion control facilities to be maintained on the site
include, but are not limited to, the following:
a. Vegetation and landscaping
b. Parking lots and roadways
c. Catch basins and drainage manholes
d. Roof drains
e. Underground Chamber Infiltration systems/Isolator Row
b. Maintenance of permanent measures shall follow the following schedule:
a. Snow: Normal winter roadway and parking lot maintenance including plowing and snow storage
onsite with areas marked on the site plan. once snow storage areas reach capacity snow is to be
trucked off site to an approved snow disposal area. Great care should be taken to not damage
landscaping when storing snow on site.
b. Road and parking lot sweeping at the end of every winter,preferably at the start of the spring
rain season.
c. Inspection of inlets and outlets at least once per month during the rainy season(March to
November). Any debris is to be removed and disposed of properly by owner or contractor.
d. Annual inspection of the site for erosion, destabilization, settling, and sloughing. Any needed
repairs are to be conducted immediately.
e. Annual inspection of site's vegetation and landscaping. Any areas that are bare shall be
reseeded and mulched with hay or, if the case is extreme, loamed and seeded or sodded to ensure
adequate vegetative cover. Landscape specimens shall be replaced in kind, if they are found to be
dead or dying.
f. Rock riprap should be inspected annually in order to ensure that it has not been displaced,
undermined, or otherwise damaged. Displaced rock should be replaced, or additional rock added
in order to maintain the structure(s) in their undamaged state. woody vegetation should not be
allowed to become established in riprap areas, and/or any debris removed from the void spaces
between the rocks. If the riprap is adjacent to a stream or other waterbody, the water should be
kept clear of obstructions, debris, and sediment deposits.
JPNES&BFACH
ENGINEERS INC.
g. Annual inspection of catch basins and drain manholes to determine if they need to be cleaned.
Catch basins are to be cleaned if the depth of deposits is greater than one-half the depth from the
basin bottom to the invert of the lowest pipe or opening into or out of the basin. If a catch basin
significantly exceeds the one-half depth standard during the inspection, then it should be cleaned
more frequently. If woody debris or trash accumulates in a catch basin, then it should be cleaned
on a weekly basis. Manholes should be cleaned of any material upon inspection. Catch basins
and manholes can be cleaned either manually or by specially designed equipment including,but
not limited to,bucket loaders and vacuum pumps. Before any materials can be disposed, it is
necessary to perform a detailed chemical analysis to determine if the materials meet the EPA
criteria for hazardous waste. This will help determine how the materials should be stored,
treated, and disposed. Grease hoods are to be wiped clean and the rags disposed of properly.
Debris obscuring the grate inlet should also be removed.
h. Roof Drains:
Roof drains should be inspected annually,preferably in the fall after leaf drop. Drains should be
kept clear, and any debris that may clog a drain such as tennis balls, baseballs, beverage cans,
etc. should be removed during each inspection. Every drain should have a clean "leaf' grate
present to prevent clogging of the drainpipes. A roof inspection in the late fall should also
include the removal of leaves. outfalls should be inspected to assure a clear drainage path.
WHAT To LOOK FOR:
Although improper roof drainage can best be observed immediately after a rain storm,most
impacted drainage conditions will leave "tell-tale" indications even after standing water has
evaporated:
1. Accumulated Debris. Debris frequently accumulates in ponding areas. Because water
eventually evaporates from impacted areas, a concentric pattern of debris or dirt is a good
indication of a ponding condition.
2. Visible Sagging or Deflection.
3. Discoloration of Curbs and Walls. The discoloration may be due to a build-up of snow or
ice, or it may be an indication that water may "back up" during very severe rain storms.
i. Underground Chamber Infiltration system/Isolator Row:
• Removal of debris from inlet and outlet structures.
• Removal of accumulated sediment.
• Inspection and repair of outlet structures and appurtenances.
• Inspection of inflation components at least twice annually and following any rainfall
event exceeding 2.5 inches in a 24-hour period,with maintenance or rehabilitation
conducted as warranted such inspection.
• Inspection of pretreatment measures (Isolator Row) at least twice annually, and removal
of accumulated sediment as warranted by inspection, but no less than once annually.
• If an inflation system does not drain within 72-hours following a rainfall event,then a
qualified professional should assess the condition of the facility to determine measures
required to restore inflation function, including but not limited to removal of accumulated
sediments or reconstruction of the inflation trench.
JPNES&BEACH
ENGINEERS INC.
See attached sample forms as a guideline.
Any inquiries in regards to the design, function, and/or maintenance of any one of the above-mentioned
facilities or tasks shall be directed to the project engineer:
Jones &Beach Engineers, Inc.
85 Portsmouth Avenue
P.O. Box 219
Stratham,NH 03885
T#: (603) 772-4746
F#: (603) 772-0227
Commitment to maintenance requirements
I agree to complete and/or observe all of the required maintenance practices and their respective
schedules as outlined above.
Signature
Print Name
Title
Date
JPNES&BEACH
ENGINEERS INC.
Annual Operations and Maintenance Report
The Somersworth Falls, LLC, future owners and assigns are responsible to perform the maintenance
obligations or hire a Professional Engineer to review the site on an annual basis for maintenance and
certification of the stormwater system. The owner shall keep receipts and records of all maintenance
companies hired throughout the year to submit along with the following form.
Date of Who Findings of Inspector
Construction Inspection Inspected
Activity
Vegetation and
landscaping
Parking lots and
roadways
Catch basins and
Drainage manholes
Roof drain
Isolator Row
Underground
Chamber Infiltration
System
JgNEs&BEACH
ENGINEERS INC.