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PLANNING DEPARTMENT
MASS S
Community Development Division
1600 Osgood Street 1
North Andover,Massachusetts,01845
SITE PLAN REVIEW DECISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: May 7, 2013
Date of Hearing: April 2, 2013, April 16,
:
2013, May 7, 2013
Date of Decision: May 7, 2013
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Petition of: Flight Landata,Inc.
250 Clark Street
North Andover, MA 01845 ''
Premises Affected: 250 Clark Street
Assessors Map 75 Lot F
Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover
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Zoning Bylaw, Sections 8.3, 10.3,and 10.31,and M.G.L.c.40A, Sec. 9. i
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So as to allow the expansion of an existing building from 9,525 sq. ft. to a total of 19,005 sq. ft., to provide
additional office and R&D space as well as hanger space with expanded parking from 14 to 38 spaces, "
associated landscaping, installation of a larger septic system, stormwater management and installation of
utilities in the Industrial 2(I-2)Zoning District.
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After a public hearing given on the above date, and upon a motion by R. Rowen and 21'd by M. Colantoni to s
APPROVE the Site Plan Special Permit as amended and based upon the following conditions. The vote was
6—0 in favor of the application.
O behalf of the No Andover Planning Board
John Simons, Chairman
Richard Rowen 1
Lora McSherry ,
Michael Colantoni 1
Dave Kellogg i
Lynne Rudnicki
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s 250 Clark Road.
Map 75,Parcel F
Site Plan Special Permit—Expansion of Existing Industrial Building
The Planning Board herein APPROVES a Site Plan Review Special Permit for the expansion of an existing
building from 9,525 sq.ft.to a total of 19,005 sq.ft.,to provide additional office and R&D space as well as
hanger space with expanded parking from 14 to 38 spaces,associated landscaping,installation of a larger
septic system, stormwater management and installation of utilities in the Industrial 2(I-2)Zoning District.
The project is located at 250 Clark Street,North Andover,Massachusetts 01845,Assessors Map 75,Parcel F
within the Industrial 2(I-2)Zoning District.The parcel totals approximately 74,122 sq.ft.of leasehold area
with frontage on Clark Street. This Special Permit was requested by Flight Landata Inc.,250 Clark Street,
North Andover,MA 01845. The application was filed with the Planning Board on or about February 15,
2013. The public hearing on the above referenced application was opened on April 2,2013,with additional
hearings on April 16,2013,and closed by the North Andover Planning Board on May 7,2013. The applicant
submitted a complete application,which was noticed and reviewed in accordance with Section 8.3, 10.3 and
10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is the expansion of an existing use and
structure and will include provisions for the expansion of parking, improvements to the stormwater
system that will improve the drainage on the lot, as well as an expansion of the septic system.
2) Based on input received from both the Planning Board, the Planning Board's consultants, the
applicant has provided sufficient stormwater management facilities to mitigate flow of stormwater by
providing two (2) Bio-filters with stone spillways to treat stormwater runoff from the parking area
and the addition. Roof runoff will be captured by deep stone-filled trench located at the southern
edge of the addition. This design will mitigate the flow of stormwater from the new parking areas and
the addition,thus complying with the Planning Board's Site Plan Review standards.
3) Having received approval of the Septic Design Plan dated April 18, 2013 the project is in compliance
with all Board of Health Department Regulations.
4) The site has sufficient space for parking and traffic circulation. The proposed warehouse and office
use requires 27 spaces, according to the Town's Zoning Bylaw section 8.1 Off-Site Parking and the
proposal includes 38 spaces. Because of its location at the Lawrence Airport,there will be no parking
or traffic circulation impacts on surrounding neighborhoods.
5) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The "Locus" or "Site" refers to the 74,122 sq. ft. parcel with land fronting on Clark Street as
shown on Assessors Map 75, Parcel F, and also known as 250 Clark Street, North Andover,
Massachusetts.
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' 250 Clark Road.
Map 75,Parcel F
Site Plan Special Permit—Expansion of Existing Industrial Building
B) The "Plans" refer to the plans prepared by Williams & Sparages, 191 South Main Street, Suite
103, Middleton, MA 01949 entitled "Layout Plan in North Andover, Mass.", dated February 7,
2013, as most recently revised on May 6, 2013 consisting of Sheets 1 through 4.
C) The "Project" refers to the expansion of an existing building from 9,525 sq. ft. to a total
of 19,005 sq. ft., to provide additional office and R&D space as well as hanger space with
expanded parking from 14 to 38 spaces, associated landscaping, installation of a larger
septic system, stormwater management and installation of utilities in the Industrial 2 (I-2)
Zoning District.
D) The "Applicant" refers to Flight Landata, Inc., 250 Clark Street, North Andover, MA 01845, the
applicant for the Special Permit, its successors and assigns.
E) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer,and owner.
2) Waivers: The Applicant has requested waivers from the following provisions of the Town of North
Andover Zoning Bylaw, including Section 8.3.5.e (xix) — Traffic Study, (xxii) —Fiscal Impact, and
(xxiii) — Community Impact. As part of this decision, the Planning Board has granted the above
waivers, in that it has found that the Applicant has provided sufficient information as part of its
application to address all traffic,fiscal, community, and other impacts.
3) PRIOR TO ENDORSEMENT OF PLANS
A) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all North Andover land use Boards.
4) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION
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A) Three (3) copies of the signed, recorded decision and the recorded plans must be delivered to the
Planning Department.
B) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
} reports during the entire duration of the project and must be available upon four(4) hours notice
to inspect the site with the Planning Board staff.
C) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
D) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures. This bond shall be in the form of
a check made out to the Town of North Andover. This check will then be deposited into an
interest bearing bond account.
E) All stormwater management best practices shall be maintained as specified in the Stormwater
Operations and Maintenance Plan that was submitted with the on February 7, 2013, revised
March 26,2013 and April 9, 2013,titled"Operations and Maintenance Plan 250 Clark Street".
F) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department. These measures must include erosion control to protect all existing and proposed
catch basins and oil traps on the site or on the streets adjacent to the project.
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•• 250 Clark Road.
Map 75,Parcel F
Site Plan Special Permit—Expansion of Existing Industrial Building
G) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any cutting and or clearing on site. All existing
trees that will remain in the landscaped area are to be marked prior to the pre-construction meeting.
H) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department and other applicable departments, to discuss scheduling of inspections to be conducted
on the project and the construction schedule.
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5) DURING CONSTRUCTION
A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner,
throughout the construction process.
B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
C) It shall be the responsibility of the developer to assure that no erosion from the construction site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning
Board making a finding that the project is not in compliance with the plan; provided, however, that
the Planning Board shall give the developer written notice of any such finding and ten days to cure
{ said condition.
6) PRIOR TO A CERTIFICATE OF OCCUPANCY
A) The applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board.
B) All stormwater structures shall be cleaned, in accordance with the approved Operation &
Maintenance Plan.
7) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
A) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on- site utilities, structures, curb
cuts, parking spaces and drainage facilities, including invert elevations of all stormwater
structures, must be submitted to the Planning Department. The as-built must be provided in paper
form as well as in SDF (Standard Digital File) format. The as-built shall also provide a
calculation showing the increase in impervious area. The applicant must also submit a letter from
the architect and engineer of the project stating that the building, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as endorsed by the Planning
Board.
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• 250 Clark Road.
Map 75,Parcel F
Site Plan Special Permit—Expansion of Existing Industrial Building
C) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
8) GENERAL CONDITIONS
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A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
C) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
D) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
E) If a dumpster is required once the building is occupied, the owner shall apply to the Board of
Health for the appropriate permit. The location of the dumpster must be approved by the
Planning Office.
F) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
G) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
H) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
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substantial,the developer must submit revised plans to the Planning Board for approval.
I) This Special Permit approval shall be deemed to have lapsed after May 7, 2015 (two years from
the date permit granted), exclusive of the time required to pursue or await determination of any
appeals, unless substantial use or construction has commenced within said two-year period or for
good cause. For purposes of this development,the developer shall be deemed to have undertaken
substantial use or construction if the developer has begun any site grading or tree clearing.
J) The following information shall be deemed part of the decision:
Plan titled: Layout Plan in North Andover, Ma
Prepared for: Flight Landata, Inc.
250 Clark Street
North Andover, MA 01845
Prepared by: Williams&Sparages
Suite 103
191 South Main Street
Middleton,Ma 01949
Scale: 1"=20'
Date: February 7,2013, last revised on May 6, 2013.
Sheets: 1 through 4
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250 Clark Road.
Map 75,Parcel F
Site Plan Special Permit—Expansion of Existing Industrial Building
Architectural Plans:
Prepared by: David Barsky-Architect
477 Concord Ave
Cambridge,Ma 02138
Date: November 2012
Sheets: A.01-A.07
Stormwater Report: 250 Clark Street
Dated: February 7,2013, last revised March 26,2013
Operations and Maintenance Plan"250 Clark Road"
Dated: February 7,2013,March 26,2013 and April 9,2013
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
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WPA Form 5 -Order of Conditions eDEP Transaction#:558165
Lii Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Cityfi own:NORTH ANDOVER
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A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name SCOTT b.Last Name STETSON
c.Organization KEYW CORPORATION I
d.Mailing Address 250 CLARK STREET t
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name MICHAEL b.Last Name FLORENCE i
c.Organization LEASE OWNER i
d.Mailing Address 466 SUTTON STREET 1
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 250 CLARK STREET
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.City/Town NORTH ANDOVER c.Zip Code 01845 %`
d.Assessors Map/Plat#075.0 e.Parcel/Lot# 0000.F t
f.Latitude 42.72083N g.Longitude 71.121503W
6.Property recorded at the Registry of Deed for:
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a.County b.Certificate c.Book d.Page
NORTHERN ESSEX
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7.Dates l
a.Date NOI Filed:2/15/2013 b.Date Public Hearing Closed: 4/24/2013 c.Date Of Issuance:4/25/2013
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
LAYOUT PLAN,
SITE PLAN&SITE WILLIAMS& CHRIS P.SPARAGES,P.E. April 16,2013 1"=20'
PLAN DETAILS(4 SPARAGES
SHEETS)
B. Findings
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L Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
WPA Form:Tetlanrd Oder of Conditions eDEP Transaction#:558165
Massachusetts s Protection Act M.G.L.c. 131, §40 City1Fown:NORTHANDOVER g
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1.Findings pursuant to the Massachusetts Wetlands Protection Act t
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and 1
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of 1
the Wetlands Protection Act. t'
Check all that apply:
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a. F Public Water Supply b. I— Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat i
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is: t
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Approved subject to: (
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. l
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following 1.
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or i
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. _;
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Denied because:
b.r 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 interests of the Act,and a final Order of Conditions is issued.A description of the performance standards is
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which the proposed work cannot meet is attached to this Order.
c.r 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 i
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is 1
necessary is attached to this Order as per 310 CMR 10.05(6)(c). c'
3.F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 25 r'
area specified in 310CMR10.02(1)(a). a.linear feet
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Inland Resource Area Impacts:(For Approvals Only):
Proposed Permitted Proposed Permitted i
Resource Area Alteration Replacement Replacement k'
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4. r Bank t g
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland ,
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
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e.c/y dredged f.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584 l
lilik WPA Form 5-Order of Conditions eDEP Transaction#:558165 k
Massachusetts Wetlan ds Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
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Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding „'
a.square feet b.square feet =%
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Cubic Feet Flood Storage I'
c.cubic feet d.cubic feet e.cubic feet f.cubic feet ``
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9.r Riverfront Area t
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 I
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted `'
Resource Area Alteration Alteration Replacement Replacement ,
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10.r Designated Port Areas Indicate size under Land Under the Ocean,below k
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
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12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment i
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14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet x
16.r Rocky Intertidal Shores
a.square feet b.square feet
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17.r Salt Marshes ,
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
We'll
Ilik WPA Form 5- rder of Conditions eDEP Transaction#:558165
Massachusetts Wetlands Protection Act MGL.c. 131,§40 City/Town:NORTH ANDOVER
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a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above t,
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c.c/y dredged d.c/y dredged i.i.
21.r Land Subject to Coastal Storm Flowage i
a.square feet b.square feet
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I— Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been 1
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
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a.square feet of BVW b.square feet of Salt Marsh
23.
I— i Streams Crossing(s) i
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. t
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a.number of new stream crossings b.number of replacement stream crossings t
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C. General Conditions Under Massachusetts Wetlands Protection Act ,
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
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cause to revoke or modify this Order. f.
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, i
state,or local statutes,ordinances,bylaws,or regulations. 4
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following l
apply: i':
a.the work is a maintenance dredging project as provided for in the Act;or i`
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.
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 1
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance f'
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including s'.
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing. t
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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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
L.,
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
WPA Form 5-Order of Conditions eDEP Transaction#:558165
City/Town:NORTH ANDOVER 1
(' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 t
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, t;
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, f
"Massachusetts Department of Environmental Protection" l
[or'MassDEP"}
File Number:"242-1584" l
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP. 1>
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form f
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 1'
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 i.
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.
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 I`
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 1'
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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 f
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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. ;
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NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
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a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
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with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General t
Permit as required by Stormwater Standard 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 i'
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by s
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 %'
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
eDEP Transaction#:558165
WPA Form 5-Order of Conditions City/ own:NORTH ANDOVER r
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Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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 Stomiwater
Standard 10;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.
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c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed t`
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the i
responsible party(defined in General Condition 19(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 r.
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 i
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-team pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. r.
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e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes r
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the €i
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has i'
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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 19(f)through 19(k)with respect to that BMP.Any failure of the i;
proposed responsible party to implement the requirements of Conditions 19(f)through 19(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 i,
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted i'
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.
g) The responsible party shall:
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1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, i
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); i
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 i°
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by 4
the issuing authority. i
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable i,.
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 z.
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 i
without the prior written approval of the issuing authority.
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I) 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.
Page 6 of 10*ELECTRONIC COPY
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Massachusetts nic Uek o P Protection Provided MassDEP: (
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Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands
Provided by MassDEP:
MassDEP File#:242-1584
WPA Form 5 -Order of Conditions eDEP Transaction#:558165
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER fi
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D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes E No
i.
2. The Conservation Commission hereby(check one that applies):
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw .
specifically:
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1.Municipal Ordinance or Bylaw 2.Citation l;
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides I'
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to 1
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following t
additional conditions. 1
NORTH ANDOVER
WETLANDS
1.Municipal Ordinance or Bylaw 2.Citation CHAPTER 178
PROTECTION
BYLAW i
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3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of t
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: is
SEE ATTACHED.
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Page 8 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
WPA Form 5 -Order of Conditions eDEP Transaction#:558165
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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E. Signatures �/-
This Order is valid for three years from the date of issuance,unless otherwise specified 7//3
r Condition#4.If this is an Amended Order of Conditions,the Amended 11.D�n inal Order
pursuant to General C g
Order expires on the same date as the original Order of Conditions. / ,
Please indicate the number of members who will sign this form.This Order must be signed by 2.Number o Signers i
a majority of the Conservation Commission.
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.
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Signatures:
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Date Date
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F. Appeals
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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 I
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 t-.
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 Departments Superseding Order associated with this appeal will be required to demonstrate prior I
if
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 I
to the Department prior to issuance of a Superseding Order. f'
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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, t
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 9 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1584
WPA Form 5 - Order of Conditions eDEP Transaction#:558165
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
G. Recording Information
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.
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
250 CLARK STREET 242-1584
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for
Property Owner MICHAEL FLORENCE
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
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 Rev.4/1/2010
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DEP FILE #242 - 1584
Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
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GENERAL CONDITIONS
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20. The proposed work includes: demolition of an existing house and pavement and
construction of a 2,250 s.f. structure with appurtenant grading, driveways, parking,
stormwater management,landscaping and utilities. Portions of the work are within
100 feet of Bordering Vegetated Wetland. A buffer zone enhancement plan is also
proposed. c
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21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required): f'
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Applicant: Scott Stetson
KEYW Corporation (Flight Landata, Inc.)
250 Clark Street t
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North Andover, MA 018445 f.
Property Owner: City of Lawrence, c/o Lawrence Airport
Commission
Michael Miller, Airport Manager
492 Sutton Street
North Andover, MA 01845 i
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Leasehold Owner: Michael Florence i='
466 Sutton Street
North Andover, MA 01845
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Notice of Intent filed by Chris Sparages
Williams &Sparages LLC t;
191 South Main Street
Middleton, MA 01949 ,
Site Plans prepared by Williams &Sparages LLC
Titled: Layout Plan in North Andover, MA (Sheet 1)
Site Plan in North Andover, MA (Sheets 2 &3)
Site Plan Details in North Andover, MA (Sheet 4)
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Date: February 7, 2013
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242-1584,Clark Street 250,Special Conditions 1 NACC 4/25/2013
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DEP FILE#242 - 1584
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 k
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or it
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.
26. 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.
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27. The work authorized hereunder shall be completed within three years from the date of
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this order.
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28. 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). t
29. 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.
30. 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.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310 E
CMR 10.53(e).
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32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW). 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.
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33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
242-1584,Clark Street 250,Special Conditions 3 NACC 4/25/2013
DEP FILE#242 - 1584
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.
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40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1584."
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41. 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. No work shall begin on a project until
written approval has been granted by the NACC.
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42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction. (
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43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of 1;
sedimentation/erosion control devices, demolition,foundation installation,
stormwater structure installation, paving,landscaping and all other work planned 1'
through final stabilization.
44. 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 '"
s:
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. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be r`
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
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activity is to occur beyond this line at any time
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45. A row of staked haybales backed by trenched siltation fence shall be placed between
all construction areas and wetlands. The erosion control barrier will be properly f
installed and placed as shown on the plans approved and referenced herein and shall
be inspected and approved by the NACC or its agent prior to the start of construction
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and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
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242-1584,Clark Street 250,Special Conditions 5 NACC 4/25/2013
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DEP FILE#242 - 1584 ti
setbacks are being adhered to The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
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maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
it
ensure that soils remain stable, and erosion controls are adequate and secure
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" on all delineated wetlands with signs or markers spaced evenly
every 25 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). This will designate the
resource area sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to I
buyers/lessees/landscapers and all persons taking over the property from the t
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers may be obtained at the Conservation Department($2 round/$3
square).
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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 NACC prior to transferring, or :;
assigning any portion of said land to another party, subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction,
52. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or k
construction and shall arrange an on-site conference with an NACC representative,the
contractor, the engineer,wetland scientist/monitor and the applicant to ensure that all
of the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
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242-1584,Clark Street 250,Special Conditions 7 NACC 4/25/2013
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DEP FILE#242 - 1584
DURING CONSTRUCTION
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61. IMPORTANT: Immediately upon completion of the building foundation(s),and
prior to further construction activities associated with the site,the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the g`'
Commonwealth (R.P.L.S.) which accurately depicts the foundation and its proximity
to wetland resource areas as approved under this Order of Conditions. Said plan I.
shall be submitted to the Conservation Administrator for approval. Failure to comply
may result in a stop work order for the site
62. Upon beginning work,the applicant shall submit written weekl y progress reports
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. Reports shall be submitted in as part of the weekly environmental
monitoring report (Condition#49).
63. All existing and proposed catch basins and oil traps on the site or on the streets
adjacent to the project shall be protected by Silt Sacks or other approved method to
prevent sediment from entering the drainage system. Silt Sacks or other catch basin ,
protection shall be maintained and regularly cleaned of sediments until all areas #3
associated with the work permitted by this Order have been permanently stabilized
and the NACC and/or Conservation Depa rtment has formally approved their
removal.
64. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued,that the oil/gasoline !_
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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.
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65. Dewatering activities are not proposed as part of the filing. 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 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. s`
66. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized.
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67. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber, bricks, plaster,wire,
242-1584,Clark Street 250,Special Conditions 9 NACC 4/25/2013
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DEP FILE#242 - 1584
within the lease area Plane fueling,washing and deicing shall occur at designated
locations at the airport. 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.
76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This zi
condition is issued under the authority of the Town's Wetland Protection ByLaw and
shall remain in perpetuity.
77. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area This condition
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shall remain in perpetuity
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78. 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.
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79. Upon approved site stabilization by Conservation staff, the erosion controls shall be
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removed and properly disposed of and all exposed unvegetated areas shall be seeded. l
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80. 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
a. WPA Form 8A- "Request for a Certificate of Compliance." t
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. t
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number. I
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 (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
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242-1584,Clark Street 250,Special Conditions 11 NACC 4/25/2013 1
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DEP FILE #242 - 1584
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#77);
➢ The attached "O&M Plan", including Best Management Practices. No
additional filings will be required to conduct maintenance of the above
referenced system and plan.
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242-1584,Clark Street 250,Special Conditions 13 NACC 4/25/2013