HomeMy WebLinkAbout60,62,64 EMPIRE DRIVE F
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CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
Lot 16 Empire Drive, Orchard Village, North Andover
At the July 27,2011 public hearing the North Andover Conservation Commission(NACC)
voted to issue a minor modification to Order of Conditions issued underDEP#242-1459 and
242-1497. The Modification shall conform to the plans and documents referenced below.
Applicant: Orchard Village,LLC
44 Great Pond Road
Boxford,MA 01830
Record Plans: Site Modification Plan for 64 Empire Drive (Lot 16 Orchard Village)
Date:July 13,2011
Prepared by: Christiansen&Sergi,Inc.
Signed&Stamped by: Michael J. Sergi,R.P.L.S
Other Record Documents: Letter from Mike Capachicni
Christiansen&Sergi,Inc.
Dated:July 20,2011
Approved Modifications
e Modification to change the proposed house footprint and associated driveway,walkway,stairs
and deck as shown on the plan referenced herein.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 In 978.688.9542
Web:http://w -tow oflord=dover.c=/Pages/NAndweddA_Conservation/index
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ACHUSEt
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOV$R CONSERVATION COMMISSION agreed to accept
Applicant: 6ft4aai V!I/,4yg LLC
ol 7 � U14s ,jWrin 9rAr�r
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as a Modification to the Order of Conditions issued in File 242-74h9 dated y tom and
recordedin2W C* andjlA&jA 7f4
Issued;W ANDOVER CONSERVATION COMMISSION:
On this aY of�1 month/7/ befoApersorAll appeared Louis Napoli to me
n
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public =MY
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,mts5,2at6
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 fax 978.688.9542 Web www.townofnorthandover.com
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1497
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 pmvidedby DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fomes on the Orchard Village LLC
wmputer,use
only the tab key Name
to move your 277 Washington Street
cursor-do not Mailing Address
usethe return MA 01834
key110-1`1
. 'p Groveland
Ciyrrmn State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Orchard Village LLC
^n Name
October 14,2010 242-1497
Dated DEP File Number
3. The project site is located at:
60 62 64 Empire Drive(Lots 14-16) North Andover
street Address Cilyrrown
Map 107C Parcel 127, 128 and 129
Assessors Map/Plat Number ParcepLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(ff different)
Essex North
County Book Page
101, 782
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent,
on:
12112/12
Date
xpefmB¢ticc rev.1]2388 W Form so Cerfoeve of Complleurre-Paget d3
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1497
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provitletl by DEP
- . Certlfication
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced.The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without fling a new
Notice of Intent and receiving a new Order of Conditions.
® ongoing Conditions:The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
80
C. Authorization
Issued by:
North Andover
conservation commission Date offs ante
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
h liwww.mass. ov/de /about/re ion/find our.htm .
Signatures:
xMM1rt�.Me•m.1Y[il@ WPA Fa eeC fflfi dCanPWM-Pap 2 03
ElMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1497
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pmvided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
TO:---
---
._._.-----
.-----------------------------._.-------._.---------._._._.------------- ----- _._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
60 62 64 Empire Drive(Lots 14-16) 242-1497
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Orchard Village LLC
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Dowment Number
' �''� WPA rem 89,Ceflea19 d Compliers Page 3IN3
' �yce. /3a.arlshac>
To�.L� C�al1.
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COnsere✓,¢�a�
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Massachusetts Department of Environmental Prorecuuu rro.,�ar,ra,v,cr:
Bureau afResouroe Protection-Wetlands Mase DEPsaction#34197
eDE073
0
WPA Form 5-Order of Conditions City Transaction q:ANDO
Massachusetts WNands Protection Ac[M.G.L.c. 131,¢40
City/I'own:N0R1HRNDOVER
A. General Information
I.Conservation Commission NORTHANDOVER
2.Issuance a r OOC b.❑ Amended OOC -
3.Applicant Details
&First Name ROBERT b.Last Nene MESSINA
c Orgattiattion ORCHARD VILLAGE LLC
d Mailing Address 44GREATPONDDRWE
e.Cityfrow BOXFORD E Stet MA g.Zip Code 01921
4.Property Owner
&FirstName ROBERT b.LastNanee MESSINA
e Organiation ORCHARD VR.LAGELLC
d Mailing Address 44GREATPONDDRWE
e.Chyfrown BOXFORD ESM MA g.Zip Code 01921
5.Project Location
&SneetAddress EbfPIREDRIVE-R60,62 AND 64
hChyfro NORTH ANDOVER C.Zip Cade 01845
d.Assessors MaprPIW 107C e.ParoA/Lot# 18.14,18.15,18.16
E latitude 42.65423N &Longitude 71.10293W
6.Property recorded at the Registry of Deed for:
e.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12556&16163
7.Dates
&Date NOI Filed:9222010 b.Danpublk Hearing Closed: 10/132010 c.Date Oflssusnoe: 10/142010
8.Fiva1 Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c Plan Signed/Stanped by: d.Revised Final Date: e.Scale:
NOTICE OF
INTENT PLAN FOR CHRISTIANSEN& PHBIP G.CHRISTANSEN,
(LOTS I4-16 SERGI,INC. P.E. Septenber24,2010 1`20'
ORCHARD
VILLAGE)
Page 1 of 10'ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1497
WPA Form 5-Order of Conditions eDEPTransaction4:341073
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clly/fown:NORTH ANDOVER
e.cly dredged f cly dredged
7.D Bordering Lord Subject to Flooding
a square feet b.square fact c.square fee[ d square fee:
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g,cubic feet IL Cable fie[
8.D Isolated Lend Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic Ceet e.cubic feet f.cubic fed
9.D RivemmatArea
T total sq.feet b.total sq.feet
Sq ITwithin 100 ft
c.square fed dsquere feet asquare feet f.square fed
Sq ITbetween 100-200 ft
g.square fed hsquaze feet i.squaw feet j.square few
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.D Designated PonAreas Indicate si a under Land Under the Ocean,below
1 L C Land Under the Ocean
asquarefeet b.square fee[
c.cly dredged d dy dredged
12.D Border Beaches Indicate size order Coastal Beeches mWor Coastal Duces below
13.D Coastal Beaches
a square feet b.square feet c cly nourishment d.oty nourishment
14.ri Coastal Danes
a square feet b.square feet arty nourishment dcly nourishmenl
15.D Coastal Banks
a0neazfed b.1marleet
16.D Rocky Lnerddal Shores
a7 square fed b.squatefeet
17.D Salt Marshes
a square feet b.square feel a square feet d.square feet
18.17 Land Under SaltPonds
a squazefed b.square feet
c.cly dredged d.cly dredged
Page 3 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands M=DEP File#:242-1497
WPA Form S-Order of Conditions eDEP Transection 4:341073
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CayfrownNORTITANDOVER
word all proceedings before the Department have been completed.
9. No work shell be andehtakea until the Order ties become final andtheu has been recorded in the Registry ofDads or the Land
Court far ft district in which the land is located,within the chain of tide of the affected property.In,the case Of mounded land,
the Final Order shall also be noted in the Registry's Granter 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 in the commencement of work.
10. A sign shall be displayed a(he site nor less then two square feet or mom torn three square feet in sive bearing the words,
"Massachu sells Department ofEmmermental Promotion"
[or'MassDEP']
Fi le Nm mer:"242-1497"
ll. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shell be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,(he applicant shall submit a Request for Certificate ofCompliance(WPAFwm
8A)to the Conservation Canmission,
13. The work shall comman so 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 ofthe Conservation Commission
in writing whether the change is significant ounuidi W require the filing of a new Notice of Intent
15. The Agent or members of the Conservation Commission and the Department ofEnvimnmemal Protection shall have the night to
enter and inspect to arca subje tato this Order at reasonable hours t evaluate compliance with the conditions stated inthis
Order,and may require the submittal of my datadecmed necessary by the Conservation Commission or Department for that
evaImmr,
16. This Order ofCandid=shall apply to any successor in interest or successor in control of the property subject tothia Order and
in my contractor or other person perfomhing work conditioned by tins Order.
17. Prior to to start of work and if the project involves work adjacent in a Bordering Vegetated Wetland,the boundary of the
wedand ince vicinity of the proposed work two.shad I be marked by woolen stakes or flagging.Orae in place,the wedard
boundary markers shall be maintained until a CenificateofCompliance has been issued by the Conservation Commission.
18. All sedimentation barriers shill be maintained in good repairunil all disturbed areas have been fully stabilimd with vegetationor
other means.At no time shall sediments be deposited in awedand or water body.During construction,the applicant or his/her
designee shall iruponite erosion controls on adaily basis and shall remove accumulated sod imens as needed.The applicant
shall immediately control any erosion problems that occur att he site and shell also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem mcessary.
Sedimantationbarriers shall serve as the Ihnit of work unless mother limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The walk associated with this Order(the'Projeal)is(1) fl isnm(2)r1 subjectto the Massachusetts Stommwater Standards.
Ifte work is subjectm Stunnwater Standards,then the project is subject in the followingconditicas;
a) All work,including she preparation,land disturbance,construction androdevelopment,shell be implemented inaccordance
with the construction period pollution prevention and erasion and sedimeatadou control plan and,Ifappficable,the
Stortnwater Pollution Prevention Plan required by the National Pollutant Discharge Efimirmtion System Construction General
Temtitas required by Stormwamr Standard 8.Construction period erosion,sedimentation and pollution control measures and
bestrnmmgernearpric[iees(BMPs)shall remain in place until the site is fully stabiheed.
b) Nos[amweter nmoffmay be discharged to the post-construction stormwmer BMPs unless anrdirml aRegotered
Profesvonsl Firgin=Mvides aCertiScatimthat i.all construction point BMPs have been removed&will be removed by
adam certain specified in the Certification.For any construction period BMPs intended to be conver ilio post construction
operation frrsti mmwater attenuating md-,M,and/or treatment the conversion is allowed byte MassDEP Strmwi er
Page 5 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands Ma%DEPFile#242-1497
WPA Form 5-Order of Conditions eDEP Trensaction#341073
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fowa:NORTH ANDOVER
stormwaterBMPs shall include saws gates and shall beet least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACBED.
Page 7 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEp:
Bureau of Resource Protection-Wetlands MMDEP File#:242-1497
WPA Form 5-Order of Conditions eDEP Transaction#:341073
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTHANDOVEb
E. Signatures
This Orderis valid for three years from the date of issuance,nodose otherwise specified
pmaterato Geneml Condition A.Iftisisan Amendedorder of Conditions,the Amended 10/14/2010
Order expires on the same date as the ongmal Order of Conditions. 1.Data of Original Order
Please indicate the number ofinembm who will sign this form.This Order must be signed by 4
a majority ofthe Conservation Commission. 2.Number of Signors
The Order most be mailed by certified broil(tetumreceipt requested)or hand delivered to the applicant.A copy also most be mailed
or hand delivered st the same here m the appropriate Departrneat Of Environmental protection Regional Office,Hurt filing
electronically,and the property owner,if different fiom applicant
Signatures:
4
r by hand delivery on )rYfi
W1-t= eceip requested on
Data Due
F. Appeals
The applicant the oxver,any person aggrieved by this Order,any owner of lard abutting the land subject to this Order,crony ten
residents of the city or town in which such land is panted,are hereby notified of their right to requeet thesppropriate MassDEP
Regional Office to issue a Superseding Oder ofConditioos.The request most be made by certified mad or hand delivery to the
Deparanem,with the appropriate filing fee and a completed Request far
310 CMR 10.03 Rias Order. Action Fee rreuesi shall
Fomh,asame providedin('!ewirhhhtenbusiness days fromthedateommissio and to
Order.Acopyofelsrequest shallpella same time be
sent by certified mail or hand delivery to the Conservation Commission andto the applicant.ifhdshe is chat the appellant..
Any appellant welting to appeal the Departments Superseding Order associated with tlhis appeal will be required to demonstrate prior
participation in the review ofthis project previous participation in the peanut proceedng means the submission ofwriven infohmaton to
the Commation Commission prior to the close of the public hearing mquesting a Superseding Order,or providing written infmmaton
W the Department prior issuance of Superseding Order.
The request shall state clearly and concisely the objections m the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified m the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
mccauistent with the wedands regulazions(3 10 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 car regulations,the Department has no appellatejumaticcon.
Page 9 of 10"ELECTRONIC COPY
DEP FILE#242- 1497
Therefore, the North Andover Conservation Commission(hereafter the"NACU)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.
GENERAL CONDITIONS
20. The proposed work includes:The construction of a three new single family home,
driveways(common access),walkways,retaining walls, stone walls,and utility services
with appurtenant site work and grading within 100 feet of a Bordering Vegetated
Wetland and Bank of an Intermittent Stream.
21.The work shall conform to the following:
Applicant: Robert Messina
Orchard Village LLC
44 Great Pond Drive
Boxford, MA 01921
Notice of Intent filed by: Philip Christiansen
Christiansen&Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Dated: 9/9/2010
Site Plans prepared by: Christiansen&Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Titled:Notice of Intent Plan For(Lots 14-16 Orchard
Village)
Dated:September 8,2010
Revised: September 24,2010
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
242-1497#60#62#64 Empire Drive 00C.doc 1 NACC 10/142010
DEP FILE#242- 1497
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 this resource
area to the identified interests.
33.The wetland resource areas on the site as shown on the plan dated and referenced herein
were confirmed in an Abbreviated Notice of Resource Area Delineation(ANRAD) issued
on 5/23/2008.
34. This Order of Conditions (OOC) is issued in addition to DEP File#242-1459 which
permitted roadway,infrastructure,wetland and buffer zone mitigation and soils
remediation. The applicant is obligated to comply with those aspects of DEP File #242-
1459 that apply to the subject property.
35.Per Condition#35 of the OOC issued under DEP File#242-1459,buffer zone and wetland
restoration are required to mitigate for impacts on this lot and for other portions of the
work approved under DEP File #242-1459. Portions of this mitigation shall be required on
the herein referenced properties(60,62 and 64 Empire Drive).
36. 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 an average twenty five foot(25')No-Disturbance
Zone shall be established from the edge of the adjacent wetland resource area. The
Conservation Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local bylaw
37.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 permitted work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
38. 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.
PRIOR TO CONSTRUCTION
242-1497#60#62#64 Empire Drive OOC.doc 3 NACC 10/142010
DEP FILE#242- 1497
temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked
and replaced as necessary and shall be 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 activity is to occur beyond this line at any time.
46.A row of staked hay bales backed by trenched siltation fence or other approved erosion
control barrier shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly 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 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 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.
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 15 hay bales and sufficient stakes for staking these bales(or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$15,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof,shall be signed by a party or parties satisfactory to the
NACC,and Town Counsel,and shall be released after completion of the project,provided
that provisions,satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACCs
review and approval. This condition is issued under the authority of the local ByLaw.
49. The applicant shall designate a Wetland Scientist(or other environmental professional as
approved by the NACC or its agent)as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site,during any 24-hour period,including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
242-1497#60#62#64 Empire Drive OOC.doc 5 NACC 10/14/2010
DEP FILE#242- 1497
understood. This Order shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
55. 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.
56. Water quality in down gradient BV W'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.
57. The porous pavement driveway shall be maintained as necessary in perpetuity as
required by the OOC DEP File#242-1459. A deed restriction is required on Lots#1-16 per
Condition#38 of DEP File #242-1459.
DURING CONSTRUCTION
58. Upon beginning work,the applicant shall submit written monthly 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.
59. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
60.The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and/ or habitat do not occur.
61. Immediately upon completion of the dwelling foundation,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 Commonwealth(R.P.L.S.)
242-1497#60#62#64 Empire Drive OOC.doc 7 NACC 10/14/2010
DEP FILE#242- 1497
68. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
69.Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
70.Soils or other materials shall be stockpiled in locations approved by this department or
within the designated areas approved in DEP File#242-1459. Further,due to the existing
grade on the site,any approved temporary stockpile areas shall be adequately
surrounded by erosion controls to prevent migration of soils to the resource area.
71. Washings from concrete trucks,or surplus concrete,shall not be directed to any drainage
system or wetland resource area. All truck washing shall be done in compliance with the
measures approved under DEP File #242-1459.
72. 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 50' of areas subject to protection under the Act or local
ByLaw.
73. 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 spffi or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas,and no vehicle refueling,equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
74. 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.
75. 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 condition is
issued under the authority of the Towns Weiland Protection ByLaw and shall remain in
perpetuity.
2424497#60#62#64 Empire Drive OOC.dw 9 NACC 10/142010
DEP FILE#242 - 1497
➢ 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.
➢ The delineated wetland line.
80. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ An average 25' No-Disturbance Zone shall be established from the edge of
adjacent wetland resource areas as approved under DEP#242-1459. Future
work within 100' of existing wetland resource areas will require a separate
filing with the NACC(refer to Section 3.4 (page 15) 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;
➢ Resource Area Markers (Condition#51)
➢ Maintenance of Porous Pavement Driveway(Condition#57)
➢ Fencing and Stone Wall(Condition#63)
➢ Discharge or spillage of pollutants(Condition#73);
➢ Prohibition of underground fuels (Condition#74);
➢ Limitations on the use of fertilizers,herbicides, and pesticides(Condition
#75).
➢ "No Salt/No Snow Stockpiling Signs (Condition#76)
242-1497#60#62#64 Empire Drive OOC.dm ll NACC 10/142010