HomeMy WebLinkAboutMiscellaneous - 4 HIGH STREET (2) NORTH
Oft•r`io e �tiO
2 - ` �f�2
` i ^ , Z0I5 NOY 20 1:;-1 11: 42
S�CHUSS��y
PLANNING DEPARTMENT NQn,
Community Development Division
Form A - Aplication for APPROVAL NOT REQUIRED
DATE:
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: T K Z. L-L C
Address: ' S+ree* ) �� Z.O t , 1Joc A r, M A O 181 S�
V
2. Location and Description of Pr.pperty[include Assessor's Map and Lot and Zoning District(s)]:
�l5 Scri-(01.\ if) Road(, 1voc \ P ksuer, M A o ISIS
A SSe Sc'rs Act O A, Pa rc.e 1
13 Ze r r'a � ofsfrxc't
3. Deed Reference: Book 0 L 15 Page 0 128
or Certificate of Title: 1-1/it
4. Name of Surveyor: Sol k kVar\ U4' \veerr Grog
Address: P.0,Lax 2094 Ukb1&t r ._co 4..A8
Signature of Owner(s): K.-
Address: i 16 Sr,flan t i t II RooA,tvhc--W\ Aaoue,+' AAA!- o/en-
Page 1 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
r Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a
subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk certifies is maintained &used as a public way,or
c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan .or
d)a way In existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot, or
b) lobe d "Not A Building Lot".
C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way deed ablae.
Received:Town of North Andover Town Clerk (date stamp): �-
r'a I e of Town Official receiving this application:
Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as definecy
G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the SubdivJ99i Con l Law.
--
r1,4 ms's
Very truly yours,
North Andover Planning Board
By: 6////, *'7-.°
k+ry n y
Date:
Page 2 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
eDEP Transaction#:759553
WPA Form 5- Order of Conditions City/Town:NORTH ANDOVER
ti' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. 1— OOC b.F Amended OOC
3.Applicant Details
a First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
4.Property Owner
a First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
5.Project Location
aStreet Address 4W HIGH STREET
b.City/Town NORTH ANDOVER c.Zip Code 02143
d.Assessors Map/Plat# 54 e.Parcel/Lot# 0001
f.Latitude 42.70231N g.Longitude 71.12624W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 04863 0193
7.Dates
a.Date NOI Filed: 9/30/2014 b.Date Public Hearing Closed: 7/22/2015 c.Date Of Issuance: 7/23/2015
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:
WEST MILL
REDEVELOPMENT HORSLEY WITTEN RICHARD A.CLAYTOR,P.E. July 2015 1"=20'
CONSTRUCTION GROUP,INC.
PLANS
B. Findings
Page 1 of 10*ELECTRONIC COPY
•
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
eDEP Transaction#:759553
WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER
i\ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
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
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
16.r Rocky Intertidal Shores
a.square feet b.square feet
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
Page 3 of 10*ELECTRONIC COPY
' I
•
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:759553
City/I'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1629"
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.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)f subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
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
Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
Page 5 of 10*ELECTRONIC COPY
{
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
eDEP Transaction#:759553
WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 3
Special Conditions:
SEE ATTACHED
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
eDEP Transaction#:759553
WPA Form 5 rder of Conditions City/I'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 2/12/2015
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
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 of Signers
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.
Signa s:
/ /
a /11111:00.1
44, ,y A
r by hand delivery on fy certified mail,return receipt requested, on
Iic
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 9 of 10*ELECTRONIC COPY
DEP FILE #242- 1629 (AMENDED)
Findings:
• The North Andover Planning Board issued a Downtown Overlay Special Permit to
RCG, LLC on January 6, 2015.
• The North Andover Conservation Commission(NACC) issued a Negative
Determination to RCG West Mill NA LLC for stormwater management features
associated with additional parking. Portions of this project were not completed in
compliance with the proposed plan. The approved proposal includes stormwater
measures to account for additional flows from this area.
• On July 8, 2015, the applicant submitted a request to amend the Order of Conditions
issued February 12, 2015 to include relocation of parking, changes to traffic circulation,
construction of a deck/pedestrian plaza, and demolition of the entirety of Building 37
(partial demolition previously proposed). At the public hearing on July 22, 2015 the
amendment was approved. As such, the following conditions have been updated to
reflect the change in the scope of work: Condition#20 &21.
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.
GENERAL CONDITIONS
20. The proposed work within jurisdiction includes: removal of existing building (entirety
of Building 37-with portions to be stabilized with loam and seed) and portions of the
pavement and redevelopment of the area with parking, pedestrian walkway,
landscaping and stormwater management. A buffer zone restoration plan is also
proposed.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: David Steinbergh
RCG West Mill NA LLC
17 Ivaloo Street,Suite 100
Somerville, Massachusetts 02143
Notice of Intent filed by: Jon Ford
Horsley Witten Group, Inc.
90 Route 6A
Sandwich, MA 02143
Date filed: October 7, 2014
242-1629,4W high street-west mill spec cond(AMENDED)1 NACC 7/23/2015
DEP FILE#242— 1629 (AMENDED)
Response to Stormwater Review
Prepared by Horsley Whitten r.
Jonathan A. Ford, P.E.
Dated: December 4,2014
Email Dated: January 6, 2015
Stormwater Review of
Revised Design: Letter from Lisa D. Eggleston
Dated: July 17, 2015
West Mill Redevelopment- Revised Design
Wetland Delineation
Conducted by: Rimmer Environmental
Date: 8/15/14
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
take place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
242-1629,4W high street-west mill spec cond(AMENDED)3 NACC 7/23/2015
DEP FILE#242— 1629 (AMENDED)
35. The applicant's mitigation proposal to restore the No-Disturbance Zone as shown on
Sheet C-15 Buffer Zone Restoration Plan is acceptable to the NACC. The No-
Disturbance Zone will be monumented every 50 feet by posts with wetland markers.
The area will be planted in accordance with Planting Schedule shown on Sheet C-15.
Plantings will be monitored for two growing seasons (fall and spring two years) with a
monitoring report,including photographs, submitted to the NACC by November 1
and June 1 of each year. Plants that die or are not thriving during the monitoring
period shall be replaced. Invasive species removal will be conducted as detailed in
Note 4 of Sheet C-15.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. 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
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
242-1629,4W high street-west mill spec cond(AMENDED)5 NACC 7/23/2015
' k
DEP FILE#242— 1629 (AMENDED)
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.
46. Silt sacks will be placed in catch basins within 100-feet of the work.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling twenty (20) hay bales or an equivalent length of 12" silt sock and sufficient
stakes for staking these bales. Said bales/fence 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
$25,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
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. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occur on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
242-1629,4W high street-west mill spec cond(AMENDED)7 NACC 7/23/2015
DEP FILE #242— 1629 (AMENDED)
tl
_ Z
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
part of the public hearing process, the Department of Environmental Protection
Stormwater Management Policy and as approved by the NACC in this Order of
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. Erosion control measures shall be implemented and maintained in accordance with
the Construction Pollutant Controls section of the Stormwater Analysis and Drainage
Report referenced herein or as required in this Order.
57. The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan (SWPPP) prior to filing an NOI and the start of work. A copy of the
approved SWPPP will be provided to the Conservation Department
58. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
59. Prior to the issuance of a Certificate of Compliance, the owner will identify an
acceptable plan to ensure the reliability and ongoing maintenance of the tank and
pump system that receives drainage from the existing driveway loop, tree filter and
Bio 7 system. The plan will include an inspection and report documenting the existing
condition of the pump system and tank upon completion of site work.
60. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
O&M Report attached herein and the associated stormwater management conditions
mandated herein.
61. All stormwater best management practices shall be maintained as specified in the
O&M Report submitted with the Notice of Intent referenced herein. The O&M Report
will be incorporated in the Order of Conditions. The approved O&M Report is fully
binding upon the applicant and/or owners, successors, agents, associations,heirs and
assigns and must be adhered to in perpetuity. A log/proof of annual maintenance
242-1629,4W high street-west mill spec cond(AMENDED)9 NACC 7/23/2015
- R
DEP FILE #242— 1629 (AMENDED)
68. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings/seed mixes) and stabilized, or loamed, seeded and mulched,with a layer of
mulch hay or matting (natural fibers only). All disturbed areas must be graded,
loamed and seeded prior to November 1st of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or
matting until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
69. 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.
70. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpiled materials shall be maintained within erosion controls.
71. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
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. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
74. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
75. 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.
242-1629,4W high street-west mill spec cond(AMENDED)11 NACC 7/23/2015
I Y
DEP FILE #242— 1629 (AMENDED)
h. A written statement from a Registered Professional Civil Engineer 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 if
appropriate) of the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. Specifically, "As-Built" plans should include inverts of all drainage
structures above and below grade, and an engineer's certification that the
drainage system has been constructed and is functioning in accordance with
the approved design. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone then the entire structure must be depicted
to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
83. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except as
approved under DEP # 242-1629. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC (refer to
Section 3.4 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);
➢ Stormwater Management System Maintenance (Condition #61 & #62)
242-1629,4W high street-west mill spec cond(AMENDED)13 NACC 7/23/2015
}
DEP FILE #242— 1629 (AMENDED)
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. Iamthe of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. Iamthe of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1629,4W high street-west mill spec cond(AMENDED)15 NACC 7/23/2015
TABLE OF CONTENTS
Page
1.0 INTRODUCTION 2
2.0 RESPONSIBILTY FOR OPERATION AND MAINTENANCE 3
3.0 MAINTENANCE/INSPECTION SCHEDULE AND TASK 3
3.1 Conveyance Structures 4
3.2 Pretreatment Practices 4
3.3 Stormwater Treatment Practices 5
3.4 Routine Maintenance 7
3.5 Invasive removal 7
4.0 LONGTERM POLLUTION PREVENTION PLAN 9
5.0 ESTIMATED OPERATION AND MAINTENANCE BUDGET 11
APPENDICES
Appendix A: Inspection Forms
Appendix B: Site Plans
West Mill Redevelopment 1 Horsley Witten Group,Inc.
North Andover,MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
jj�
2.0 RESPONSIBILITY FOR OPERATION AND MAINTENANCE
Owner: RCG LLC
Contact: Responsible party to be designated by RGC
The owner is responsible for the continuous operation and maintenance of the stormwater
BMPs and associated drainage areas.
3.0 MAINTENANCE/INSPECTION SCHEDULE AND TASKS
The maintenance objective for these practices includes maintaining the hydraulic and pollutant
removal capacity of the systems and maintaining healthy native, vegetative cover. This section
describes the required O&M measures for each site. Also included is a plan showing the
location of the items to be inspected and maintained, as well as a specific O&M checklist that
Maintenance Staff will use during inspections.
During the six months immediately after construction, all BMP retrofit practices should be
inspected monthly as well as after precipitation events of at least 1.0 inch to ensure that the
system is functioning properly. The following activities are recommended during the first six
month after construction: <'
• Inspection of flume inlet, swale, sediment forebay weir, and side slopes for erosion
gullying. Repair/re-vegetate as necessary.
• Proper grass seed establishment and satisfactory growth. Additional loam and
overseeding may be required within the first 6 months to correct bare spots and thin
growth.
• Watering as required to establish and maintain grass. Y'
• Loam and seed any void areas or washouts along the bioretention bed caused by
precipitation runoff.
Thereafter, inspections shall be conducted twice annually(spring and fall) and after major
storm events,which are those greater than or equal to the 1-year, 24-hour precipitation event
(-2.5" in Essex County). The following tasks are recommended as specified or as needed basis
and broken into four main categories as identified on the attached O&M Site Plan.
West Mill Redevelopment 3 Horsley Witten Group,Inc.
North Andover,MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
. P
•
• Remove and replace vegetation as necessary, using the appropriate species as
shown on Sheet C-14 of the Construction Plans.
3.3 Stormwater Treatment Practices {'
A stormwater treatment system should be regularly inspected to ensure proper performance
and to prevent deficiencies in the effectiveness of the systems due to sediment build-up,
damage, or deterioration. The following operation and maintenance provisions should be
provided: >_
Filterincl Systems
Bioretention Areas
General maintenance of the bioretention area falls under landscaping practices. A general
inspection and maintenance of the bioretention area shall be conducted twice annually (spring
and fall) and after major storm events. Maintenance work consists of the following:
• Removal of any trash and/or debris.
• Correction of any side slope erosion gullying, animal burrowing or slope
slumping,and replanting as necessary.
• If standing water is observed in the bioretention 48 hours after a storm event,
the top 6 inches of the bioretention soil/mulch area shall be roto-tilled or
cultivated to breakup any hard-packed sediment, and replenished with mulch
and replanted. The underdrain system shall be snaked and/or flushed. Replant
with species as shown on Construction Plans.
• In a worst-case scenario, the entire filter bed may need to be re-installed.
Upon failure, excavate bioretention soil, rake the pea gravel to loosen, inspect
underdrain trench to determine if it has been compromised, repair as
necessary, replace soil, replant, and mulch.
Plant maintenance is critical to the function of the bioretention area and should include the
following:
• Cut back grasses, sedges, and rushes annually in the spring.
• Remove and replace vegetation as necessary, using the appropriate species as
shown the Construction Plans. If at least 50 percent vegetation coverage is not
established after two years, a reinforcement planting should be performed. When
replacing a plant, place the new plant in the same location as the old plant, or as
near as possible to the old location. The exception to this recommendation is if
plant mortality is due to initial improper placement of the plant(i.e., in an area that
is too wet or too dry) or if diseased/infected plant material was used and there is
risk of persistence of the disease or fungus in the soil. The best time to plant is in
early to mid-fall or early to mid-spring. Plants should be planted as soon as possible
after purchase to ensure the best chance of survival. If possible, new plants should
be approximately the same size as those that are being replaced. If surrounding
plants have already become well established, care may need to be given to the new
plants to ensure successful growth.
• Plant Thinning: Separation of herbaceous vegetation rootstock should occur when
over-crowding is observed, or approximately once every 3 years.
West Mill Redevelopment 5 Horsley Witten Group,Inc.
North Andover, MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
Watering Drought conditions only July-August
Plant Replacement As required Spring or Fall preferred
Fertilizing Should not be required
Mulch Maintenance
Task Frequency Time of the Year
Remove & replace existing Once every two years or as April
mulch required
Min. 2x per year&after
Re-mulch void areas major storm events as July& November
needed
Filter Bed Maintenance
Task Frequency Time of the Year
Tilling As needed If standing water does not
drain after 48 hours
If standing water does not
Soil Media Replacement As needed drain after tilling (see
above)
Snow Removal Not required Not required
3.4 Other Routine Maintenance
Other routine maintenance should include removal of trash and litter from paved and
perimeter areas, and street sweeping a minimum of once per year after the spring thaw. The
pipes draining the project should be inspected annually for proper operation. Specific
considerations when maintaining the parking lots, roadway surfaces, and grounds are as
follows:
• Pet Waste Removal: Pet waste should be picked up and disposed of properly to
reduce bacteria levels in stormwater.
• Snow Removal: Plowed or shoveled snow piles should not block the flume inlet
structure or be placed in the bioretention area. Note that snow removal is NOT
recommended in the bioretention area.
• De-Icing: When de-icing compounds are necessary for the parking lot and sidewalk,
the least harmful chemicals should be used. Excessive salting of the parking
lot/sidewalks should be avoided. Use of large amounts of sand should also be
avoided, since it may obstruct the conveyance system. Ice removal is NOT
recommended in the bioretention area.
3.5 Invasive Removal
Proposed Management Techniques for Phragmites
The Applicant proposes an on-site integrated control program to address the small population
of Phragmites adjacent to Osgood Pond (see below for location).This area will be managed
using the "cut and drip" method during the months of July and August following tasseling to
control the spread of this species within the resource areas. Application of glyphosate by a
Licenses Pesticide Applicator in MA using a hand sprayer will follow two to three weeks after
West Mill Redevelopment 7 Horsley Witten Group,Inc.
North Andover, MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
( g
LONG-TERM POLLUTION PREVENTION PLAN
Long-term pollution prevention measures implemented at the each project site will further
reduce pollutants in stormwater discharges after construction. The following practices will be
employed on an on-going basis.
Spill Prevention and Control Measures fr
To minimize the risk of spills or other accidental exposure of materials and substances to
stormwater runoff, the following material management practices will be used throughout the
project:
• An effort will be made to store only enough products required for operation and
maintenance of the facility.
• All materials stored on-site will be stored in a neat, orderly manner in their appropriate
containers and, if possible, under a roof or other enclosure. 3'
• Products will be kept in their original containers with the original manufacturer's label.
• Substances will not be mixed with one another unless recommended by the
manufacturer.
f1
• Whenever possible, the maximum amount of a product will be used before disposing of
the container.
• Manufacturers' recommendations for proper use and disposal will be followed.
• The site superintendent will be issued the O&M to ensure proper use and disposal of
materials.
To reduce the risk associated with hazardous materials used on the site, the following practices
will be used:
• Products will be kept in original containers unless they are not resealable.
• Original labels and material safety data sheets will be retained and kept on-site;they
contain important product information.
• If surplus product must be disposed of, manufacturers' or local and state recommended
methods for proper disposal will be followed.
Materials or substances listed below may be present on-site for operation and maintenance:
• Materials List:
o Concrete o Cleaning Solvents
o Fertilizers o Wood
o Asphalt o Tar
o Petroleum Based Products o Adhesives
o Paints (enamel and latex) o Sealants
The following product-specific practices will be followed on-site:
• Petroleum Products-All on-site vehicles will be monitored for leaks and receive
preventative maintenance to reduce the chance of leakage. Petroleum products will be
West Mill Redevelopment 9 Horsley Witten Group,Inc.
North Andover, MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
(
Illicit Discharges
No sewer pipes or floor drains will be connected to the drainage network. All wastewater will
be connected to in approved locations.
Personnel Training
All contracted personnel retained for work on site will be given a copy of this Plan and will
(
receive training in applicable practices and implementation to prevent pollutants from entering
the stormwater system.
4.0 ESTIMATED OPERATION AND MAINTENANCE BUDGET
The estimated average annual operating and maintenance budget for the proposed system is
shown below:
Bioretention Areas/Bioswales(8): $8,000
Source: Center for Watershed Protection (CWP) ($1,000/each)
Catch Basins and Drain Manholes: $3,000 ($200/basin)
Source: Massachusetts Highway Department ,
Other Routine Maintenance: $1,000
Removal of trash and litter
Annual street sweeping
Pipe network/outfall inspections
Total: $12,000
West Mill Redevelopment 11 Horsley Witten Group,Inc.
North Andover, MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North Andover\Reports\Stormwater\O&M\141124-0&M Plan-14077.doc
Bioretention Areas
Operation and Maintenance Checklist
West Mill Redevelopment
North Andover, Massachusetts
Date:
Time
Inspector:
Location:
SAS <, * `i t1 • ,Ce
•*Ateln € r R� * 1 • .
a p yew. �' ofHes .
1. Conveyance Structures-Inspect annually and after major storm events(1-yr storm or greater)
Flume Inlet Sidewalk Trench Grate Overflow Structure
Remove all trash,debris,and sediment from all structures
Debris Cleanout annually or when sediment buildup is half the depth from
the invert to the bottom,as applicable.*
Remove sediment from flume inlet regularly or when a
Manholes/Diversion build-up is noticed that impacts inflow. If inlet becomes
Structures/Outlets blocked,the bioretention area will not receive the proper
flow.
Check for settling gullying or erosion. Ensure spillway is
Emergency Spillways level. Repair as necessary if damaged or settling. Return to f.
design grades.
2. Sediment Forebay—Inspect annually and after major storm events(1-yr storm or greater)
Debris Cleanout Remove all trash and debris from the swale and forebay.
Sediment/Organic Debris Sediment build-up shall be removed and properly disposed
Removal of when build-up is greater than or equal to 3 inches.*
Repair as necessary if signs of erosion gullies,animal
Side Slopes burrowing,or slumping are observed.
River Stone
Look for areas of erosion in the swale, particularly near the
sidewalk trench grate. Repair/replace stone as necessary.
Boulder Walls Ensure that walls have not settled. Check for areas of
erosion or water seepage. Repair as necessary
III-established, dead or severely diseased plants will be
Vegetation Maintenance removed and replaced annually. See Sheet LA-1 of
Construction Plans for appropriate species.
i
i
f
s
i
f
3"
4
j'
C
t
S
s:
S t .tea .ten. ";� Myp`r@ p;x` ( `'z .5 t. '` Y v t '1
mk .w: � �x1�"� �,y a ���'� `� �� �"�,�h iwr�' .�..r7}a�'" t�� � �`�§. iA-rqj��'�! e� -g
..�4z 'y dY F _... ,«.. .r. 'f` e7 ,t o7'i S�'ems,'„,=a Wtt� k,t.,$rs W°,.... ?..:'"4? .,..' .
3. Bioswale—Inspect at least bi-annually and after major storm events the first year;then annually and after
major storm events(1-yr storm or greater)
Debris Cleanout Remove all trash and debris from the surface of the
bioretention system.
Repair as necessary if signs of erosion gullies,animal
Side Slopes
burrowing,or slumping are observed.
If standing water is observed in 48 hours after a storm
Sediment/Organic Debris event,the bottom 6 inches shall be rototilled or cultivated
Removal to breakup any hard-packed sediment,and replenished
with mulch.*
Vegetation Maintenance/
Replacement Mow twice per year minimum (4"-6"grass height)
Water Draining properly
Ensure standing no standing water for more than 48 hours.
If standing water check cleanouts for clogging or aerate.
4. Routine Grounds Maintenance—Inspect annually
fi
Debris Removal Remove trash from perimeter areas.
Pavement Sweeping Sweep parking lot minimum once a year after spring thaw.
Drainage Network Ensure proper operation.
Contributing drainage area Contributing drainage area stabilized
*Sediment shall be disposed of offsite in a pre-approved location. h"
Comments:
Actions to be Taken:
(
last modified:07/02/15 printed:07/02/15 by pit H:/Projects12014114077 RCG LLC-West Mill North AndoverlDrewings-1407714077-GD.dwg
\ ,
,
k ,,
- . \ , 4
41, i
, r 1M 4► i�
InI il , ,. s 1 / t � ,. � �� 41 I� u., -- j
1• ¢ ' q zr ins ' 1 �^s. �.1 , � `Y.1'n c *3- d++'°Fi Fk • 4 y.ii j � t � a s � a
IIIhik\..� in........__1 -- t 'tat, 6u' r,
"i . •
emu! 1 _ i / / i •i! r' 0 . 1( « L :L/1'"/".
it
to S P �. f�i I 1 il ,
: I� Y E.-rx -v r. ,r,--..--,k t J,, ' j 1
l $ I
5 iii RI 's
4 .
f�o a o m A :. 1
gg :1; Ay I 010,2 °m p O \ J /AOy° T� ! \fef00 � I Fgm q O
3�0"O' ;n0 -im
H'' „'fir 1 .i
�o =6N zg
F,28 D„A
_g 2gAg o � px I I ,il 1
m 11
°$$z 2mm pa /
y5o ax z . ..,
s
m
n-li
°4g o f :
?,- - 2 FR 1 `i' R g 1 A 1 / A
.., 1;n ;z! ,„yT o �`
m ?p� Si o $ L ` E9 E
OF m
rc FA
-g I
/ f ./ ' \
[ j ....e..e..r a.e....r �� Horsley WM."Grou j,
g !S.E.C6ASSOdales,Nc. RCG WEST MILL NA LLC WEST MILL REDEVELOPMENT s,,,,,„s„ ,a Pei1i;e,l. Revisions
H ''''s 100 PERMITTING PLAN an;,w''^^
s °,emus NORTH ANDOVER,MASSACHUSETTS »
OPERATIONS AND MAINTENANCE PLAN : ,,,,rvr 1°"'': ,�� ® o_ ., .-
• f NORTH 1
t,4 es
OL
IO A R��•'•
* i pq�{ggc�y, GlY
4
7 'T.1T�D�'�`
,Sg�1CHU5Et
213,lUl 28 ��10` 31
PLANNING DEPARTMENT
Community Development Division � '`� G' r 13
tY P ItTH ANC���:�,
1600 Osgood Street R"SS ACH
North Andover, Massachusetts,01845
NOTICE OF DECISION
DOWNTOWN OVERLAY SPECIAL PERMIT This is to certify that twenty(20)days
have elapsed from date of decision,flied
MODIFICATION without filing of appeal.
Datef �j
� } S lS
Any appeal shall be filed Toyce A dshaw
Town Clerk
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: July 21, 2015
Date of Hearing: July 21, 2015
Date of Decision: July 28, 2015
Petition of: RCG LLC, on behalf of RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Premises Affected: 4 High Street,
North Andover,MA 01845
Assessors Map 54,Lot 01
Referring to the above petition for a Modification to the Downtown Overlay Special Permit filed
pursuant to Sections 8.1, 10.3, and 18 of the North Andover Zoning Bylaw to allow the demolition t`
of Building 37 in its entirety, a re-orientation of the parking lot (152 spaces), revised landscape
plans, revised storm water management plans and revised operation and maintenance report
associated with the modification.
After a public hearing given on the above date, and upon a motion by L. Rudnicki, seconded by D.
Kellogg, the Planning Board APPROVES: (a) a Modification to the Downtown Overlay Special
Permit under Section 18 of the North Andover Zoning Bylaw; and(b) a Modification to the Parking
Special Permit under Section 8.1 of the North Andover Zoning Bylaw, as amended and based upon
the following conditions.
Vote was 4 in FAVOR,none opposed to the application.
On beh f of the North 4ndover Planning Board
John Simons, Chairman
David Kellogg
Lynne Rudnicki
Peter Boynton
Flit
k-
4 High Street
Downtown Overlay Special Permit Modification
July 24,2015
The Planning Board herein APPROVES: (a) a Downtown Overlay Special Permit Modification
under Section 18 of the Zoning and (b) a Parking Special Permit Modification under Section 8.1
of the Zoning Bylaw, so as to allow the demolition of Building 37 in its entirety, the creation of a
4
total of 152 parking spaces, revised landscaping, revised stormwater management plans and t;
revised operation and maintenance report as depicted on the Plans and other supporting
4
information, reports, as described herein. a
,
The application was filed with the Planning Board on July 8, 2015. The applicant submitted a
complete application conforming to the requirements of the Zoning Bylaw, which application was `'
noticed and reviewed in accordance with Sections 8.1, 10.3, and 18 of the North Andover Zoning 1
Bylaw. The public hearing on the above referenced application was opened and closed on July 21,
2015. A quorum of Planning Board members was present.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Sections 8.1, 10.3, and 18:
FINDINGS OF FACT:
E
1) The modification of the January 6, 2015 Downtown Overlay Special Permit "Previous
Plans" results in a net decrease in impervious area and a net increase of parking spaces by
3 over the previous plans.
2) The modifications were reviewed by the Planning Board's peer consultant who
determined: there was a net improvement in stormwater management, complies with
Massachusetts Stormwater Standards, the removal of building 37 in its entirety has a
beneficial impact on stormwater management.
3) Building 37 was constructed in the 1990's and is not considered historical.
4) The piped culvert running under the new proposed parking area and under building 37
was only structurally spanned in certain areas which made the previous plans structurally
deficient. The modified plans allow for safe vehicle and pedestrian travel over the
culvert.
i
5) The modified plans incorporate an outdoor wooden deck area and open the views to
Osgood Pond.
6) The specific site is an appropriate location for the project as it is consistent with the intent
and purpose of the Downtown Overlay District in that the site design complements the
surrounding uses, preserves important historical building elements and the historic nature
of the district, and provides for sufficient traffic and circulation improvements in a
manner which promotes a vibrant, mixed use, commercial center. The proposed
demolition of Building 37 and resulting uses will not negatively impact historic
structures, and the proposed parking, landscaping, and other improvements will enhance
the physical access and visual presence of the remaining structures.
2of8
is
4 High Street
Downtown Overlay Special Permit Modification
July 24,2015
7) Based on input received from both the Planning Board and the Planning Board's peer
review stormwater management consultant, the applicant is providing for a stormwater
management benefit for both volume and flow of stormwater from the existing and
proposed parking lot, thus complying with Massachusetts Stormwater Standards as well
as the Planning Board's standards. The proposed changes will provide both treatment
and attenuation through the use of stormwater BMPs.
8) The Applicant will remove paving in specific areas near the wetland and pond, named
"Osgood Pond", and create an attractive amenity for visitors and to benefit the pond
ecology with native plantings.
9) The parking lot will primarily consist of bituminous pavement supplemented by
decorative pavers, and plantings. In the design, the Applicant has sought to preserve the
slab foundation of the building to be razed in order to protect the underlying culvert
system; the slab will be cut strategically to provide locations for bio swales, new
circulation, and other drainage features.
10) The use as developed will not adversely affect the neighborhood as the proposed uses are
consistent with the intent of the Downtown Overlay District, the site and associated
buildings are in the Downtown Overlay District, and the existing activity on-site consists
of a mix of residential, commercial, and industrial uses.
11) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will
not have a significant impact on pedestrian safety and vehicular circulation since the
project involves a re-orientation of the proposed parking area The proposed project
enhances the overall walkability and encourages pedestrian activity.
12) The project will have a positive impact on the neighborhood visual character, including
architectural design, views, and vistas. The proposed demolition of Building 37 will open
a view to Osgood Pond from High Street.
13) The proposed landscaping for the project is consistent with the intent of the screening and
landscaping criteria and will enhance and complement the proposed parking
improvements.
14) The Board finds that a Special Permit under Section 8.1 is appropriate. In accordance
with Section 8.1.8(b) (Modification of Parking/Loading Area Design Standards), the
modifications to drive aisles, parking spaces, pedestrian crossings and the parking layout
as depicted on the Plans, would serve to provide for safe and convenient parking for the
project. In accordance with Section 8.1.8(e) (Common Parking Areas and Multiple Use
Facilities), the Project will involve a combination of retail, restaurant, office, and
residential uses on the Property, where the hours, days, or peak parking or loading
demand for the uses at West Mill are so different that the proposed number of Project
spaces (152) will provide adequately for all uses or activities proposed to be served by
the parking facility.
3 of 8
i
1
i
4 High Street 4
Downtown Overlay Special Permit Modification
July 24,2015 E.
'''''''''ti':','
15) The Applicant shall be responsible for ensuring the proper continued operation and
maintenance of the stormwater system as noted in the 0 & M Report submitted with this
modification.
16) Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 18, 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 as outlined below.
DEFINITIONS
1) The "Locus" or"Site" refers to the 416,904 sq. ft. area of land with land fronting on High
Street as generally shown on Assessors Map 54, Parcel 01, and also known as 4 High
Street, North Andover, Massachusetts, as more particularly depicted on the "Plans" as
defined below.
2) The "Plans" refer to the plans prepared by Horsley Witten Group Inc., Pages C1-C-16,
dated September 25, 2014, Revision Dates of December 3, 2014, January 6, 2015,
January 22, 2015 and recently signed by Engineer July 2, 2015. Also included as "Plans"
are "Reports", Stormwater Analysis & Drainage Report and 0 & M Report for West Mill
Redeveloment prepared by Horsley Whitten Group, Inc.
3) The "Project" refers to the demolition of on Building 37 in its entirety, the creation of a
152 space parking lot, associated landscaping and the revised stormwater management
plan.
k..
4) The "Applicant" refers to RCG LLC, on behalf of RCG West Mill NA LLC, the
applicant for the Special Permit, its successors and assigns.
5) 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.
SPECIAL CONDITIONS
Upon reaching the above findings, the Planning Board approves this Downtown Overlay Special
Permit Modification with the following conditions:
1) All previous conditions associated with the Downtown Overlay Special Permit dated
January 6, 2015 shall remain in effect.
2) The Board recognizes that the project will be completed in multiple phases, and recognizes that
this Modification is a component of one of those phases. A series of building permit applications
will be filed with according Certificate of Occupancies. To this end, the conditions described
below apply to each separate phase for which a building permit is sought unless otherwise
provided herein
4 of 8
1
. 4 High Street .
f
Downtown Overlay Special Permit Modification
July 24,2015
PRIOR TO ISSUANCE OF A BUILDING PERMIT
3) The Plans and this Notice of Decision must be recorded at the Essex North Registry of
Deeds. Two (2) copies of the signed and recorded Plans and Notice of Decision must be
delivered to the Planning Department. 1
4) A Performance Guarantee bond for the Previous Plans in the amount of $20,000 shall
cover the conditions of Previous Plans and this modification and the release will be based
on compliance with both decisions.
PRIOR TO THE START OF CONSTRUCTION
5) In consultation with the Town Planner, the Applicant shall designate an independent
construction monitor. The independent construction monitor must sign the
"Independent Construction / Stormwater Monitor Letter of Agreement" and return
an original copy to the Planning Department. The monitor shall make weekly r
inspections of the project site, provide monthly reports to the Planning Department, and
immediately provide notice to the Planning Department detailing any areas of non-
compliance and any corrective actions taken. The monitor will also provide reports
following heavy rain events. The monitor must be available upon notice to inspect the
site accompanying a Planning Department designated official.
6) A construction schedule shall be submitted to the Planning Department for the purposes
of tracking major milestones and general construction.
7) A pre-construction meeting must be held with the developer, contractors, Planning
Department, Applicant, and other applicable representatives to discuss scheduling of
inspections and construction schedule. At this same meeting, the activities for conditions 8
&9 below may also be conducted.
i
8) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department prior to demolition of Building 37.
9) Stockpile areas for debris associated with demolition should be noted on Plans and approved
by Planning Department.
10) The Applicant shall provide the Planning Department evidence of filing and approval of the
EPA NPDES General Construction Permit(GCP)for this project. t`
DURING DEMOLITION & CONSTRUCTION
11) Any stockpiling of materials must be maintained using all relevant Best Management f
Practices (BMPs) including covering of loose stockpiles and/or implementing dust
mitigation measures.
5 of 8
i
i
4 High Street
Downtown Overlay Special Permit Modification
July 24,2015
12) It shall be the responsibility of the Applicant to ensure that no erosion from the site of
construction shall occur which will cause the deposition of soil or sediment upon adjacent
properties or public ways, except as normally ancillary to off-site sewer or other off-site
construction. Off-site erosion will be a basis for the Planning Board to make a finding that
the project is not in compliance with the Special Permit, and the board shall give the
developer written notice of any such finding and provide ten (10) days to implement
corrective actions.
13) In an effort to reduce noise levels, the developer shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
construction site.
14) Hours of construction are limited from 7:00am to 5:00pm Monday through Friday, and from
8:00am to 5:00pm on Saturdays.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
15) As noted in Special Condition Two (2), the Board recognizes that the Project will be
completed in multiple phases. To this end, for each phase of the Project for which a building
permit is filed, the applicant must submit a letter from the architect or/and engineer of the
project stating that the building and site layout substantially comply with the approved Plans
for the specific phase. Alternatively, the applicant and/or property owner may provide a
bond, determined by the Planning Board, to cover the full amount of the landscaping
materials and installation if weather conditions do not permit the completion of the
landscaping for the particular phase, and/or prior to the use of the specific building for
which the building permit is sought unless otherwise determined by the Board.
16) All slopes must be stabilized with regard to erosion and safety.
17) The lot must be raked, loamed, and seeded, sodded, or mulched.
18) The Planning Board reserves the right to review the site after construction is complete
and require additional site screening as it deems necessary and reasonable.
19) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation & Maintenance Plan.
PRIOR TO THE RELEASE OF SECURITY AND/OR ESCROWED FUNDS
20) A final set of as-built plans showing final topography, location of utilities, structures,
curb cuts, parking spaces and drainage facilities, and easements, must be submitted to the
Planning Department. Plans shall show all relevant site elements including, but not
limited to, stormwater infrastructure, landscaping, building footprints, impervious and
pervious surface area, sewer and water connections, and other pertinent site features. One
paper copy and one electronic copy (PDF) shall be submitted to the Planning Department.
If over 1 year has elapsed from the issuance of the Certificate of Occupancy, the
applicant must submit a second letter from the architect and/or engineer verifying that the
on-site conditions still substantially comply with the approved Plans.
6 of 8
4 High Street
Downtown Overlay Special Permit Modification
July 24,2015
21) The Planning Board must by a majority vote make a finding that the final as-built plans and
site are in conformance with the approved plan.
22) The Town Planner shall verify that all Planning, Conservation, Board of Health, and
Division of Public Works requirements are satisfied and that construction was in compliance
with all respective approved plans and conditions.
GENERAL CONDITIONS
23) The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
24) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by
the respective utility companies.
25) 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.
26) 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.
27) Any revisions shall be submitted to the Town Planner for review. If these revisions are
deemed substantial, the developer must submit revised plans to the Planning Board for
approval. The Planning Board holds the final authority on determination of changes to
the plans.
28) This Special Permit Modification approval shall be deemed to have lapsed after July 24,
2017 (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 as determined by the Planning
Board.
29) The following information shall be deemed part of the decision:
Plan: West Mill Redevelopment Permitting Plan,North Andover
Massachusetts
Plan Sheets: Cl-C16 (C-3 revised)
Prepared for: RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Prepared by: Horsley Witten Group, Inc.
90 Route 6A
Sandwich, MA 02563
7 of 8
4 High Street
Downtown Overlay Special Permit Modification
July 24,2015
Date: September 25, 2014, revised December 3, 2014, revised January 6,
2015, January 22, 2015 and Signed by Engineer July 2, 2015.
Report: Stormwater Analysis and Drainage Report: West Hill Redevelopment
Prepared for: RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Prepared by: Horsley Witten Group, Inc.
Date: July 2015
Report: Operations &Maintenance Report: West Hill Redevelopment
Prepared for: RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Prepared by: Horsley Witten Group, Inc.
Date: July 2015
cc: Town Engineer
Building Inspector
Conservation Administrator
Planning Board
Applicant
Abutters ?'
Assessor's Office
File
8 of 8
C1/4 1 ,10RTFy
Of..ao ia1'40
TOW7CLCrIVERWSEOUFFICE
* °e ' E
p
SACMUSI P
4;
PLANNING DEPARTMENT 2815 JAN -8 Nth t a
Community Development Division
TOWN OF
1600 Osgood Street NORTH ANDDYCi, r.'
North Andover,Massachusetts,01845 HASSACHUSETTS
NOTICE OF DECISION
DOWNTOWN OVERLAY SPECIAL PERMIT
f
Any appeal shall be filed
within(20)days after the
s
date of filing this notice in
the office of the Town Clerk. i..
Date: January 6,2015 ,
Date of Hearing: October 21, 2014;
t
December 2, 2014; December 16, 2014; ,
January 6, 2015
Date of Decision: January 6, 2015
,
Petition of: RCG LLC,on behalf of RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Premises Affected: 4 High Street, ,,,
North Andover,MA 01845 ='
t
Assessors Map 54,Lot 01
Referring to the above petition for a Downtown Overlay Special Permit filed pursuant to Sections 8.1, 10.3,
and 18 of the North Andover Zoning Bylaw to allow the partial demolition of one building on-site, the
creation of a new 120 space parking lot, conservation and reconstruction of historic facades of adjacent
buildings, conversion of existing building space for up to 42 residential apartments, implementation of the
signage master plan, and all associated landscaping and grading activities within the Downtown Overlay
District. ,
t
After a public hearing given on the above date, and upon a motion by David Kellogg, seconded by Lynne e
Rudnicki,the Planning Board APPROVES: (a)a Downtown Overlay Special Permit under Section 18 of the
North Andover Zoning Bylaw; and (b) a Parking Special Permit under Section 8.1 of the North Andover
Zoning Bylaw, as amended and based upon the followin: cond'tions. Vote of 5-0 was made in FAVOR of
the application. /
i
�. :. '`
On behalf of the Nod `r dover Planning Board
John Simons, Chair
Michael Colantoni
David Kellogg
Lora Mc Sherry
Lynne Rudnicki
Peter Boynton,Associate
1
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit,West Mill
The Planning Board herein APPROVES: (a) a Downtown Overlay Special Permit under Section 18 of the
Zoning Bylaw(including Section 18.2.9 [Special Permit for Multifamily Dwellings of 18 or more units] and
18.7 [Special Permit for Waivers]); and(b)a Parking Special Permit under Section 8.1 of the Zoning Bylaw,
so as to allow the partial demolition of one building on-site, the creation of a new 120 space parking lot,
conservation and reconstruction of historic facades of adjacent buildings, conversion of existing space for up
to 42 residential apartments, implementation of the signage master plan, and all associated landscaping and
grading activities, all as depicted on the Plans and other supporting information as described herein. The
application was filed with the Planning Board on September 29, 2014. The public hearing on the above
referenced application was opened on October 21, 2014, was continued to December 2, 2014 and December
16, 2014, and closed on January 6, 2015. The applicant submitted a complete application conforming to the
requirements of the Zoning Bylaw,which application was noticed and reviewed in accordance with Sections
8.1, 10.3,and 18 of the North Andover Zoning Bylaw.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 8.1, 10.3, and 18:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is consistent with the intent and
purpose of the Downtown Overlay District in that the site design complements the surrounding uses,
preserves important historical building elements and the historic nature of the district, and provides
for sufficient traffic and circulation improvements in a manner which promotes a vibrant, mixed use,
commercial center. The proposed demolition and resulting uses will not negatively impact historic
structures, and the proposed parking, landscaping, and other improvements will enhance the physical
access and visual presence of the remaining structures.
2) Based on input received from both the Planning Board and the Planning Board's peer review
stormwater management consultant, the applicant is providing for a stormwater management benefit
for both volume and flow of stormwater from the existing and proposed parking lot, thus complying
with Massachusetts Stormwater Standards as well as the Planning Board's standards. The proposed
changes will provide both treatment and attenuation through the use of stormwater BMPs.
3) The Applicant will remove paving in specific areas near the wetland and pond, named "Osgood
Pond", and create an attractive amenity for visitors and to benefit the pond ecology with native
plantings.
4) The parking lot will primarily consist of bituminous pavement supplemented by decorative pavers. In
the design, the Applicant has sought to preserve the slab foundation of the building to be razed in
order to protect the underlying culvert system; the slab will be cut strategically to provide locations
for bio swales,new circulation,and other drainage features.
5) The use as developed will not adversely affect the neighborhood as the proposed uses are consistent
with the intent of the Downtown Overlay District, the site and associated buildings are in the
Downtown Overlay District, and the existing activity on-site consists of a mix of residential,
commercial,and industrial uses.
6) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will not have a
significant impact on pedestrian safety and vehicular circulation since the project is an expansion of
an existing parking area. The proposed project enhances the overall walkability and encourages
pedestrian activity.
2
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit,West Mill
7) The project will have a positive impact on the neighborhood visual character, including architectural
design,views, and vistas. The proposed demolition of Building 37S will open a view to Osgood Pond
from High Street.
8) The Board finds that the proposed residential units (including a first, by-right phase of 17 units, and a
second phase of 25 units allowed by Special Permit under Section 18), are appropriate for the site and
consistent with the objectives articulated in Section 18 in efforts to both encourage a mix of uses
within the same structure and to encourage a diverse mix of uses on site.
9) The proposed project will result in a combination of retail, restaurant, office, and residential use on
the property, and the peak parking demand resulting from this mix of uses will vary. The Board finds
that the proposed number of parking spaces, in combination with off-street parking and existing
parking facilities on and adjacent to the site, is sufficient to accommodate the uses proposed in this
project.
10) The proposed landscaping for the project is consistent with the intent of the screening and
landscaping criteria and will enhance and complement the proposed parking improvements. The
Board finds that a Special Permit under Section 8.1.8(h) for the waiver of the screening, landscaping,
and other criteria set forth under Section 8.4 as it relates to the new parking area is appropriate since
the applicant is proposing new landscaping and other improvements as depicted in the Landscape
Plans.
11) The Board finds that the submitted Signage Master Plan will provide for visual clarity for the project
site, will enhance the character of the neighborhood and surrounding uses, and is consistent with the
intent of the Zoning Bylaw. The Board herein approves the Signage Master Plan. All signage will
integrate with and be consistent with the signage master plan for the East Mill site, and color pattern
with respect to banner signs will be uniform and consistent.
12) The Board finds that a Special Permit under Section 8.1 is appropriate. In accordance with Section
8.1.8(b) (Modification of Parking/Loading Area Design Standards), the modifications to drive aisles,
parking spaces and the parking layout as depicted on the Plans, would serve to provide for safe and
convenient parking for the project. In accordance with Section 8.1.8(e) (Common Parking Areas and
Multiple Use Facilities), the Project will involve a combination of retail, restaurant, office, and
residential uses on the Property, where the hours, days, or peak parking or loading demand for the
uses at West Mill are so different that the proposed number of Project spaces will provide adequately
for all uses or activities proposed to be served by the parking facility. The Board also finds in
accordance with Section 8.1.8(g) (Reduction in Parking Spaces) that a reduction in parking of 112
spaces (1,149 are spaces required, 1037 total parking spaces proposed to be provided) is justified. If
in the future, parking demand increases significantly, there are other opportunities at West Mill to
increase the number of parking spaces should the need arise.
13) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 18, 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 and also grants specific waivers outlined below.
WAIVERS
A full list of the waiver requests is included at the end of this Notice of Decision under Attachment A.
The Planning Board herein grants the following waivers:
3
f=
4 High St.,Map 54,Parcel 01 z
Downtown Overlay Special Permit, West Mill i
A) 18.4.1 Site Access—To the extent that residential uses on the Water Street level in Building 7 are f'
considered ground-floor uses,waive such requirement that there be no ground floor residential uses.
B) 18.5.1 Location and Distribution of Uses—To the extent that residential uses on the Water Street
level in Building 7 are considered ground-floor uses,waive such requirement that there be no ground
floor residential uses.
C) 7.4, 18.5.2 Height—Waive height and number of stories provisions as they relate to existing
buildings, but such building height and number of stories shall not exceed the height and number of
stories of the existing structure.
D) 18.5.3 Setback—Waive the setback requirements for existing buildings to those setbacks of existing
buildings depicted on the Site Plans.
E) 18.5.4 Orientation—Waive building orientation requirements for existing buildings.
F) 18.5.5 Articulation—Waive articulation requirements for existing buildings.
G) 18.5.6 Transparency—Waive transparency requirements for existing buildings.
H) 18.5.7 Doors and Entrances—For existing buildings,waive the extent to which doors and entrances
on existing buildings must be placed an average of one door every fifty(50)feet of frontage.
I) 7.6 Floor Area Ratio—Waive the FAR requirement,but the FAR shall not exceed 2.0 for existing
and new buildings.
These waivers are granted based on the fact that the proposed work is located within an isolated, but
improved, area within site and is surrounded by existing mill buildings. The Board finds that the proposed
improvements would enhance the surrounding neighborhood without detriment.
DEFINITIONS
1) The "Locus" or "Site" refers to the 416,904 sq. ft. area of land with land fronting on High Street as
generally shown on Assessors Map 54, Parcel 01, and also known as 4 High Street, North Andover,
Massachusetts,as more particularly depicted on the"Plans"as defined below.
2) The "Plans" refer to the plans prepared by Horsley Witten Group Inc., Pages 1-16, dated September
25, 2014,revised to January 22, 2015 consisting of 16 Sheets.
3) The"Project" refers to the partial demolition of one building on-site, the creation of a new 120 space
parking lot, conservation and reconstruction of historic facades of adjacent buildings, conversion of
existing space for up to 42 residential apartments, implementation of the signage master plan, and all
associated landscaping and grading activities as depicted on the Plans.
4) The "Applicant" refers to RCG LLC, on behalf of RCG West Mill NA LLC, the applicant for the
Special Permit, its successors and assigns.
5) 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.
SPECIAL CONDITIONS
Upon reaching the above findings, the Planning Board approves this Downtown Overlay Special Permit
4
4
,
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit,West Mill
with the following conditions:
1) The Board recognizes that the project will be completed in multiple phases, and recognizes that a
series of building permit applications will be filed with according Certificate of Occupancies. To this
end, the conditions described below apply to each separate phase for which a building permit is
sought unless otherwise provided herein.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
2) The Plans and this Notice of Decision must be recorded at the Essex North Registry of Deeds. Two
(2)copies of the signed and recorded Plans and Notice of Decision must be delivered to the Planning
Department.
3) A Performance Guarantee bond in the amount of$20,000 shall be posted for the purposes of ensuring
that the site is constructed in accordance with the approved plans and that a final as-built plan is
provided.
PRIOR TO THE START OF CONSTRUCTION
4) In consultation with the Town Planner, the Applicant shall designate an independent construction
monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for
Independent Monitors. The monitor shall make weekly inspections of the project site, provide
monthly reports to the Planning Department, and immediately provide notice to the Planning
Department detailing any areas of non-compliance and any corrective actions taken. The monitor will
also provide reports following heavy rain events. The monitor must be available upon notice to
inspect the site accompanying a Planning Department designated official.
5) A construction schedule shall be submitted to the Planning Department for the purposes of tracking
major milestones and general construction.
6) An Operations and Maintenance Plan will be provided which will detail the maintenance of the rain
gardens,culverts, and of the permeable pavers. The O&M plan will include the following:
a. Period of cleaning of catch basins and the drainage overflow tank.
b. Period of cleaning of the sediment forebays.
c. Maintenance of pervious pavers, periodic vacuum sweeping and/or low pressure washing and
filling in the aggregate as necessary.
7) A pre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and construction
schedule.At this same meeting,the activities for conditions 8 and 9 below may also be conducted.
8) 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 initial cutting and/or clearing on-site. Existing trees
that will remain in the landscaped area are to be marked.
9) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
10) The Applicant shall provide the Planning Department evidence of filing and approval of the EPA
NPDES General Construction Permit(GCP)for this project.
DURING CONSTRUCTION
5
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit,West Mill
11) Prior to commencing façade work on the building front that will be exposed after demolition (Building
37N), the Applicant will appear before the Planning Board to discuss façade types to verify that the
exterior appearance of the reconstructed façade will be consistent with the general aesthetic character of
the site and surrounding district.
12) Any stockpiling of materials must be maintained using all relevant Best Management Practices (BMPs)
including covering of loose stockpiles and/or implementing dust mitigation measures.
13) It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction shall
occur which will cause the deposition of soil or sediment upon adjacent properties or public ways,except
as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for
the Planning Board to make a finding that the project is not in compliance with the Special Permit, and
the board shall give the developer written notice of any such fmding and provide ten (10) days to
implement corrective actions.
14) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular
maintenance,any and all equipment that shall emanate sounds from the construction site.
15) Hours of construction are limited from 7:00am to 5:00pm Monday through Friday, and from 8:00am to
5:00pm on Saturdays.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
16) As noted in Special Condition One (1), the Board recognizes that the Project will be completed in
multiple phases. To this end, for each phase of the Project for which a building permit is filed, the
applicant must submit a letter from the architect or/and engineer of the project stating that the building
and site layout substantially comply with the approved Plans for the specific phase. Alternatively, the
applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full
amount of the landscaping materials and installation if weather conditions do not permit the completion
of the landscaping for the particular phase, and/or prior to the use of the specific building for which the
building permit is sought unless otherwise determined by the Board.
17) All slopes must be stabilized with regard to erosion and safety.
18) The lot must be raked, loamed, and seeded, sodded,or mulched.
19) The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
20) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation &
Maintenance Plan.
PRIOR TO THE RELEASE OF SECURITY AND/OR ESCROWED FUNDS
21)A final set of as-built plans showing final topography, location of utilities, structures, curb cuts,
parking spaces and drainage facilities, and easements,must be submitted to the Planning Department.
Plans shall show all relevant site elements including, but not limited to, stormwater infrastructure,
landscaping, building footprints, impervious and pervious surface area, sewer and water connections,
and other pertinent site features. One paper copy and one electronic copy(PDF) shall be submitted to
the Planning Department. If over 1 year has elapsed from the issuance of the Certificate of
Occupancy,the applicant must submit a second letter from the architect and/or engineer verifying that
the on-site conditions still substantially comply with the approved Plans.
6
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit,West Mill
22) The Planning Board must by a majority vote make a finding that the final as-built plans and site are in
conformance with the approved plan.
23) The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of Public
Works requirements are satisfied and that construction was in compliance with all respective approved
plans and conditions.
GENERAL CONDITIONS
24) All signage on site will be consistent with the approved Signage Master Plan with respect to placement of
barrier signs, entry awnings,monument signs, way-finding signs, blade signs,wall signs, and directional
signs. Such signs throughout the Project site shall be of a consistent color scheme, pattern, or pallet, but
shall not include a set of multiple company color schemes. External signs for each phase shall be
included with a building permit application for each phase.
25) The Applicant shall be responsible for ensuring the proper continued operation and maintenance of
the existing tank and pump stormwater system.
26) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
27) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
28) 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.
29)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.
30) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
31) This Special Permit approval shall be deemed to have lapsed after January 6, 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 as determined by the Planning Board.
32) The following information shall be deemed part of the decision:
Plan: West Mill Redevelopment Permitting Plan,North Andover Massachusetts
Plan Sheets: 1-16
Prepared for: RCG LLC, on behalf of RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, Ma 02143
Prepared by: Horsley Witten Group,Inc.
90 Route 6A
Sandwich,MA 02563
Date: September 25,2014,revised to January 22, 2015
7
.
.+
4 High St.,Map 54,Parcel 01
Downtown Overlay Special Permit, West Mill
Plan: West Mill—Signage Master Plan
Pages: 1-10
Prepared for: North Andover Planning Board
Prepared by: RCG LLC.
Date: December 2,2014
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
8
♦1 4
�ttL
rt
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1.Conservation.Commission NORTH ANDOVER
2.Issuance a. E OOC b.r Amended OOC
3.Applicant Details t'
a First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
4.Property"Owner
a First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
5.Project Location
a.Street Address 4W HIGH STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 54 e.Parcel/Lot# 0001
f.Latitude 42.70231N g.Longitude 71.12624W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 04863 0193
7.Dates
a.Date NOI Filed: 9/30/2014 b.Date Public Hearing Closed: 1/14/2015 c.Date Of Issuance: 2/12/2015
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:
WEST MILL
REDEVELOPMENT HORSLEY WTITEN FAT PIU LEE,P.E. 1/22/15 1"=20'
PERMITTING PLAN GROUP,INC.
(SHEETS 1-16)
B. Findings
Page 1 of 10*ELECTRONIC COPY
.
t
i
,
ii,h.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions
eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
7.C Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.I7 Isolated Land Subject to Flooding
a.square fret b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.C Riverfront Area €
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
i
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.C Designated Port Areas Indicate size under Land Under the Ocean,below
11.C Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged "r
12.C Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.C Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.C Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment l
15.C Coastal Banks
a.linear feet b.linear feet t'
16.C Rocky Intertidal Shores
a square feet b.square feet
17.C Salt Marshes "`
a.square feet b.square feet c.square feet d.square feet
18.C Land Under Salt Ponds
a square feet b.square feet
c.c/y dredged d.c/y dredged
19.C Land Containing Shellfish
Page 3 of 10*ELECTRONIC COPY
4
t
F
fi.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629 #;
Lik
WPA Form 5- Order of Conditions MassDEP
Transaction#:716985
Massachusetts Wetlands Protection Act MG.L.c. 131,§40 City/Town:NORTH ANDOVER
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1629"
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.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form s
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to k
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that '
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation bathers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. ,
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
I
19. The work associated with this Order(the"Project")is(1) r is not(2)C subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
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
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
Page 5 of 10*ELECTRONIC COPY
s
. 4 3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
-11111111.111 WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER a
Special Conditions:
SEE ATTACHED
c
Page 7 of 10*ELECTRONIC COPY
d
r
i
t
i
i
Massachusetts Department of Environmental Protection Provided by MassDEP: #;
.161PPlill
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5 Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c 131, §40 City/Town:NORTH ANDOVER
5
s
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified �a / /.5
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.D of,Origin rder
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 Signers
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. _'
Y'
Signatures:
A 4-
9910 }:...
, ji Z
E by hand delivery on ['by certified mail,return receipt requested,on
) i2JiS ,
Date Date
i;
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten r
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
t':
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
a
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 i
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 9 of 10*ELECTRONIC COPY
t
.i
i
t
DEP FILE#242 - 1629
Findings:
• The North Andover Planning Board issued a Downtown Overlay Special Permit to
RCG,LLC on January 6,2015.
• The North Andover Conservation Commission(NACC) issued a Negative
Determination to RCG West Mill NA LLC for stormwater management features
associated with additional parking. Portions of this project were not completed in
compliance with the proposed plan. The approved proposal includes stormwater
measures to account for additional flows from this area.
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.
GENERAL CONDITIONS
20. The proposed work within jurisdiction includes: removal of existing building and
portions of the pavement and redevelopment of the area with parking, landscaping
and stormwater management. A buffer zone restoration plan is also proposed.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: David Steinbergh
RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, Massachusetts 02143
Notice of Intent filed by: Jon Ford
Horsley Witten Group, Inc.
90 Route 6A
Sandwich, MA 02143
Date filed: October 7,2014
Includes: Checklist,
Site Plans prepared by: Horsley Witten Group, Inc.
Titled: West Mill Redevelopment Permitting Plan
(Sheets 1 through 16, Including 5A)
Last Revised: 1/12/15
All sheets reissued for Conservation&Planning
1/22/15
242-1629,4W High Street-West Mill Special Conditions 1 NACC 2/12/2015
DEP FILE#242 - 1629
24. Failure to comply with all conditions stated herein, and with all related statutes and s`
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
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.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
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).
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
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding
(BLSF). 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.
242-1629,4W High Street-West Mill Special Conditions 3 NACC 2/12/2015
ti;
DEP FILE#242 - 1629
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
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 242-1629."
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.
F--
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.
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
sedimentation/erosion control devices, demolition, drainage installation,mitigation
plantings and all other work planned 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
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
242-1629,4W High Street-West Mill Special Conditions 5 NACC 2/12/2015
DEP FILE#242 - 1629
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of t'
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occur on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to 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 50 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). This will designate
their 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
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers may be obtained at the Conservation Department ($2 round/$3
square).
52. 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.
242-1629,4W High Street-West Mill Special Conditions 7 NACC 2/12/2015
DEP FILE#242 - 1629
59. Prior to the issuance of a Certificate of Compliance,the owner will identify an
acceptable plan to ensure the reliability and ongoing maintenance of the tank and
pump system that receives drainage from the existing driveway loop,tree filter and
Bio 7 system. The plan will include an inspection and report documenting the existing
condition of the pump system and tank upon completion of site work.
60. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
O&M Report attached herein and the associated stormwater management conditions
mandated herein.
61. All stormwater best management practices shall be maintained as specified in the x'
O&M Report submitted with the Notice of Intent referenced herein. The O&M Report
will be incorporated in the Order of Conditions. The approved O&M Report is fully
binding upon the applicant and/or owners, successors, agents, associations,heirs and
assigns and must be adhered to in perpetuity. A log/proof of annual maintenance
activities for all stormwater BMPs shall be maintained in perpetuity for a prior 5 year
period and shall be available upon request for review by the NACC or its agent 4;
62. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity all swales,bioretention areas, tree filter pits, outlet structures, subsurface
storage areas, and other elements of the drainage system,in order to avoid blockages
and siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of vegetative cover
on the site.
DURING CONSTRUCTION
63. Upon beginning work,the applicant shall submit written weekly 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 (see condition#50).
64. As documented during stormwater peer review, construction of the drainage system
will require a great deal of precision. As such, the system shall be constructed in strict
accordance with the design and under the supervision of a qualified engineer. Inverts
of all drainage structures will be field verified during installation. Any disparities or
circumstances requiring adjustments of the design before or during construction
should be brought to the attention of the NACC or its designees for review and
approval prior to actual construction of the revised design.
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
242-1629,4W High Street-West Mill Special Conditions 9 NACC 2/12/2015
DEP FILE#242 - 1629
74. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
JITER CONSTRUCTION
75. 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.
76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%) and phosphorous free, 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 except as permitted for invasive species management (see Sheet C-15). This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
77. Permanent signs designating"No-Snow Stockpiling Zones" shall be displayed along
paved areas adjacent to the pond. Number and location of signs will be confirmed
with the Conservation Department prior to installation. Signs shall remain in
perpetuity.
78. The use of coal tar-based pavement sealants is prohibited on the property,as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
79. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
80. 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.
242-1629,4W High Street-West Mill Special Conditions 11 NACC 2/12/2015
DEP FILE#242 - 1629
83. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
> 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except as
approved under DEP# 242-1629. Future work within 100' of existing ¢`
wetland resource areas will require a separate filing with the NACC (refer to
Section 3.4 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);
fi-
> Stormwater Management System Maintenance (Condition#61 >)
> Discharge or spillage of pollutants (Condition#74);
> Prohibition of underground fuels (Condition#75);
> Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#76);
> "No-Snow Stockpiling" signs (Condition#77);
> Prohibition on coal tar-based sealants (Condition#78);
> Prohibition of dumping of leaves, grass clippings,brush, or other debris
(Condition#79);
> The attached "Stormwater O&M Report",including Best Management
Practices. No additional filings will be required to conduct maintenance of
the above referenced system as detailed in the report.
242-1629,4W High Street-West Mill Special Conditions 13 NACC 2/12/2015