HomeMy WebLinkAbout67 & 68 MILLPOND 0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Welands MasseDEP Transaction
File#:142-1525
WPA Form 5-Order of Conditions eDEP Transection#:407409
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Cdy Toem:NORTHANDOVER
A. General Information
I.Conservation Commission NORTH ANDOVER
2.Issuance a. F CDC b.r Amended DOC
3.Applicant Details
&I'ma Name MILLPOND HOME OWNERS ASSOCIATION b.Last Name
C.Organnamon C/O GREAT NORTH PROPERTY MANAGEMENT
d Mailing Address 100 CORPORATE PLACE-SUITE 302
e.City?own PEABODY f.State MA &Zip Code 01960
4.Property Owner
a.FirstName WINDY b.Last Name HOLLIS
a Orgromnon GMM REALTY TRUST
d Mailing Address 42EDGEWATERROAD
e.City/Toon AGAWAM f.Sure MA g.Zip Code 01960
5.Project Location
&Street Address 67&68 MILLPOND
b.Ciry?own NORTH ANDOVER e.Zip Code 01845
d.Assessors Map/Plet# 95A e.Parcel/Lotl! 67,68
f.Latitude ON g.Longhudc OW
6.Property recorded at the Registry of Dead for:
a County Jr.Certificate a Book d.Page
NORTHERN ESSEX 4676 257
NORTHERN ESSEX 9016 107
7.Dates
a Daze NOl Filed:7/19/2011 b.Data Public Hearing Closed:8/10/2011 c.Date Oflssuance: 8/11/2011
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: a Plan SignedlStamped by: d.Revised Final Date: e.Scale:
DRAINAGE PENNONI BENJAMIN C.OSGOOD.IR.
IMPROVEMENT ASSOCIATES INC. P.E. 8-3-11 V-10'
PLAN SHEETS 1-3
B. Findings
Page 1 of 10 a ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFib,#:242-1525
WPA Form 5-Order of Conditions eDEP Tmnsactioa#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/fown:NORTHANDOVER
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review ofthe the abov�refrrenoed Notice of Intent and based on the information provided in this appficetion and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act
Check all that apply:
a. F Public Water Supply b. F Land Commung Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F PMxticnofWihiifeHabitat
g. F Ground Water Supply h. F Sam Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to Ods Order.To the esters that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall central.
Denied because:
b.r-The proposed work cannot be conditioned to meet the performance standards setfodh in the wetland regulations.Therefore,
work on this project may not go forward unless and until anewNtsuce of Intent is submitted whichprovides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r-Theinformation submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in Ore Wetlands Protection Act Therefore,work on this project may not go forward unless and until a re vi sed Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate m protect the interests of the
Ad,and a fatal Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary E attached to this Order as per 310 CMR 10.05(6)(c).
3r- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 31OCMR10.02(1)(a). a linear feet
Inland Resource Area Mpacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r-Bank
alinear fat b.linem feet c.Onearfeet d.If=feel
5.r- Bordering Vegetated Wetland
a square feet b.square fat o..quare feet d.square feet
6. r-Land under Waterbodies and Waterways
a square feet b.square fat c.square fee[ d.square feet
dredged f ofy dredged
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U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1525
WPA Form 5-Order of Conditions eDEP Transaction#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cily/rown:NORTH ANDOVER
7.r Bordering Land Subject to Flooding
;N—lost b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
TWO feet f cubic feet g.orbic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
o.cubic fed d.cubic fed e.cubic feet f cubic feet
9.r Rivatiffit Area
a total qb,total sq.fed
Sgftwithin 10011 2400 2400 2400 2400
c.square feet d.square feet e.square feel f.square feet
Sq ft between 100-200 R
g.square fed h.square feet i.square feet j,square fed
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate sin under Land Under the Ocean,below
11.r Land Under the Ocean
a square feet b.square feet
a dy dredged d.c/y dredged
12.r Barrier Beaches Indicate sin under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a square feet b.square feet a d ..slunwt d.dy nourishment
14.r Coastal Dunes
a square feet b.square feet c dY nmmshmem d 4 nuuishment
15.r coastal Banks
alinearfce b.linear feet
16.r Rocky Intertidal Shores
asquarefeet b.square fat
17.r Salt Marshes
a.square feet b.square feet c.square fat d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.dy dredged d.dy dredged
19.r Land Containing Shellfish
Page 3 of 10'ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1525
WPA Form 5-Order of Conditions cDEP Transaction#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cdyffown:NORTHANDOVER
a square feet b.square feet c.square feet d.square feel
Indicate size under Coastal Banks,inland Bank,lend Under the
20.r Fish Runs Ocean,and/or Wand Land Under Wauthodies and Waterways,
above
C.c/y dredged d.ey dredged
21.r Land Subjeato Coastal Storm Flowage
a square feet b.square feet
22.
r' Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of maturing or enhancing a wetland resource area in addition in the square footage that has been
entered in Section B.S.c&d or B.Me&d above,please entered the additional amount here,
a square feet of 3V W b.square fact of Salt Marsh
23.
r-Streams Crossing(s)
If the project involves Stream Crossings,please enter the number ofnew stream crossings/number ofreplacement scream crossings.
a number of new stream crossings b.number ofmplamment stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure m comply with all conditions stated harem,and with all related smtutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property nghm or any exclusive privileges;it does ort authorize any injury to private property or
invasion ofierivate right.
3. This Order does not relieve the permittee or my other person ofthe necessity of complying with all other applicablefederal,
state,or local storms,ordinances,bylaws,or regulations.
4. The work authonzed hereunder shall be completed within droce years from the date of this Order Led=either of thefollowing
apply
a the work is a maintenance dredging project as provided for in the Act or
b.the time for completion has been extended to a specified data more than three years,but less than five
years,from the dale of issuance.If this Order is intended to be valid for more than tree years,the
extension data and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for ons or more periods ofupto three years each upon application to the
issuing authority a least 30 days prior to the expimtion date of the Order.
6. If this Order coustims an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order ofConditiona.
7. Any fill used in connection with this project shall be clean fill.Any BO shall contain no mash,refuse,rubbish,ordebris,including
but not limited to lumber,bricks,plaster,wbc,lath paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
anyoftheforegoing.
8. This Order is not foal moil all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings hot=the Department have been completed.
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1525
WPA Form 5-Order of Conditions eDEP Transaction 0-407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 ClVrown:NORTH ANDOVER
9. No work shell 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 m the end of this Order,which form must be stumped by the Registry of Deeds,
prior to the commenecment of work.
10. A sign shall be displayed at the site restless then two square feet or more than three square feet in sin bearing the words,
"Massachusetts Department ofEmmus menial Protection"
[or'MassDEP"]
Fife Number:"242-1525"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shell be a parry in all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicam shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall comonn to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 shave shall require the applicator to inquire of the Conservation Commission
in writing whether the change is significant enough u,require the filing of a new Notice ofIntent
15. The Agan or members of the Conservation Commission and the Department ofEnvironmental Protection shall have the right in
enter and inspect the area subject to Otis Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,end may require the submittal of any data deemed necessary by the Conservation Commission or Departrnem for Utut
evaluation.
Ib. This Order ofCondifions shall apply Nary 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 in the start ofwork and if the project involves work adjacent m a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity oft the proposed work area shall be marked by wooden stakes or flagging.Once in place,the we land
boundary markers shell be maintained will aCertifice4 of Compliance has been issued by the Conservation Commission
18. All sedimentation barriers shall be maintained in good repair until a0 disturbed areas have been fully stabifini with vegetational
othermeam.At no time shall sediments be deposited in awetlend or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove ammnulated sediments as needed.The applicant
shall immediately control any erosion problems that occur athe site and shell also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem 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) r is not(2)r subject in the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,teen 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 cahstmetion period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Strnmwater Pollution Prevention Plan required by the National Po0ho nt Discharge Elimination System Construction General
Pamat as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shat remain in place until the site is fully stabilized.
b) No sourawater mnoff may be discharged to the post-construction stannwaterBMPs unless and and a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a data certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stohraweler attenuation,recharge,and/or treatrmer,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and tort the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment tripped in laid and end¢ral structures;ii..ns-bu0tfinal construction
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LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1525
WPA Form 5-Order of Conditions cDEP Transaction#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cayfrown:NORTHANDOVER
BMPplans are included,signed and stumped by a Regisrored Professional Engineer,cerkyng the site is fully stabilized; 'nit
any illicit dischargesto the mormwatemaagement system have been removed,as per the requirements of Storrnwater
Standard 10;iv.all pat-construction stormwaltr BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected in ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsbility for BMP maintenance.Print an requesting a Certificate of Compliance,orPartial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statenrnt")for the Sto mwaterBMPs identifying the parry responsible for
implementing the stonawaterBMP Operation and Maintenance Plan("O&M Plan")and catifyingthe following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing oftheir ongoing legal responsibility to operate and maintain the smmhwatermanagement BMPs and
implement the Stonnwmer Pollution Prevention Plan
d) Post-construction pollution prevention and source control shall be implemented in accordance wilh the long-term pollution
prevention plan section of the approved Stamwater Report and,if applicable,the Stormwatcr Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Mull-Sector General Permit
e) Unless and until soothe party accepts responsibility,the landowner,or am"of my drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the properly most submit the
issuing authority a legally binding agreement ofrxord,acceptable m the issuing auNonity,evidencing that number=try has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as apnmines far
purposes of implementing the requirements ofConditions 19(f)trough 19(k)with respect to Nat BMP.Any failure ofthe
proposed responsible party N implement the requirements of Conditions 19(f)trough 19(k)with respect to that BMP shall
be a violation of the Order of Conditions in Certificate ofCompliamn.In the case of stranowater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the srormwater BMPs.A plan and
easement deed that gouts the responsible party access to perform the required operation and maintenance mus[be submitted
along with the legally binding age=nt
Q The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook
I) The responsible parry shall:
1.Maintain an operation and mahtenance log for the lest three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stmmwatermanagement system or my part thereof,and disposal(for disposal the
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission')uponrcquest;and
3.Allow members and agents of the MassDEP and the Commission enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
III All sediment or otheContaminents removed from stormwata BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
4 Illicit discharges to the stormwatemanagement system as defined in 310 CMR 10.04 an,probihited.
j) The stanwm management system approved in the Order of Conditions stall net be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areasfor the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Smnmwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
9 Access for maintenance,repair,and/or replacement of BMPs shall nm be withheld.Any fencing constructed around
stohmwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
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U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP Ffle#242-1525
WPA Form 5-Order of Conditions eDEP Trensaction#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CayTown:NORTH ANDOVER
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#:242-1525
WPA Form 5-Order of Conditions eDEP Trmene ti°n#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTHANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission h b (ch pk one that 8pnliuT
a. f DENIES the proposed work which cannot be conditioned to
mem the standards setfonh in amunicipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may act go forward unless and until a revised Notice of Intent is submitted whichpmvides
measures which are adequate,to mem these slmMmds,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. r- the
r proposed work subjec[to the following
additional conditions.
NORTH ANDOVER
I.Mmcipal Ordinance orB haw WETLANDS
Y PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
hdentrefinenced above.To the estentdothe following conditions modify ordiffm from the plans,specifications,crother
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 9 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MaggDEP File 8:242-1525
WPAForm5-Order ofConditions eDEPTrsnssationk:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Citytrown:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
purmantto General Condition k4.Ifthis is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same data as the original Order of Conditions. i7!
Plunge indicate the number ofinembers who will sign this form.This Order must be signed by 2Nmnber of Signers
a majority ofthe Conservation Commission.
The Ordermust be mailed by oerfified mail(rewm receipt requested)or hand delivered to the applicant A copy also must be mailed
or hand delivered atthe same time tithe appropriate Department of Environmental Protection Regional Office,ifnotfilmg
electronically,andthepropeny owner,ifdifferent from applicant.
Signatures: SNA/
F- by hand delivery on �— CXy certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutdng the land subject todus Order,army=
residents of the city or town in which such lard is located,are hereby notified of their right to request the appropriate M=DEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery m the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Tri mvniad Form,ns 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 a[the same time be
sent by certified mad or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking in appeal the Departments 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 in the close ofthe public hearing requesting a Superseding Order,or providing written information
to the Department prior to issuance of 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 in the protection of the interests identified in the Massachusetts Wedands Protection Aa(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 amunicipal ordinance a bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellarejurisdiction.
Page 9 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1525
WPA Form 5-Order of Conditions eDEP Tmnsecdon#:407409
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the care of recorded land,the Final Ordershad also be noted in the RegisVs
Grantor Index under the name of the owner of the land subject to the Order.N the case of registered land,this Order shall also be
noted on the Land Court Certificate of Tide of the owner of the land subject to the Order of Conditions.The recording information on
Us page shall be submitted to the Conservation Commission listed below. -
NORTHANDOVER
Conservation Commission
Detach on dotted line,have s1mnped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservafion Commission
Please be advised that the Order of Conditions for the Project at:
67&68 MILLPOND 212-1525
PmjectLocanon MaseDEPFdeNumber
Has been recorded at the Registry of Deeds of.
County Book Page
for.
Property Owner WENDYHOLLIS
and has been noted in the chain of tine of the affected property m:
Book Page
In accordance with the Order of Conditions issued on:
Date
Uncounted land,the inurement number identifying tlustransaction ec
hstrumentNumber
Ifregistaed land,the document number identifying this transection is:
Document Number
Signature ofApphcant a.. n.W
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242-1525
The North Andover Conservation Commission(hereafter the"NACC")hereby finds that the
following conditions are necessary,in accordance with the Performance Standards set forth
in the State Regulations to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice of Intent
referenced below. To the extent that the following conditions modify or differ from the
plans,specifications or other proposals submitted with the Notice of Intent,the conditions
shall control.
GENERAL CONDITIONS
20.The proposed work includes: Installation of a trench drain, two yard drains, grass swale
and replacement of an existing drain pipe within Riverfront Area and the 100-foot Buffer
Zone to Bordering Vegetated Wetland (BV W).
21. The work shall conform to the following:
Applicant: Millpond Home Owners Association
c/o Great North Property Management
100 Corporate Place Suite 302
Peabody,MA 01983
Property Owner: Muffin Realty Trust
351 Willow Street
North Andover, MA 01960
Notice of Intent Filed by: Benjamin Osgood,Jr.
Pennon Associates
100 Burtt Road,Suite 120
Andover,MA
Date filed:July 15,2011
Site Plans prepared by: Pennon Associats,Inc.
Stamped by: Benjamin C.Osgood,Jr.P.E.
Record Plans: Drainage Improvement Plan,Millpond Condominiums
Sheets 1 -3
Dated7/14/11 and last revised 8-3-11
Sheet 1 of 3 Cover Sheet
Sheet 2 of 3 site Plan (1"=10')
Sheet 3 of 3 Site Details&Notes
Record Documents: Riverfront Alternatives Analysis
Date:8.5-11
242-1525,67&68 Millpond Dreinegodoc 1 NACC 9/112011
DEP FILE#242-1525
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
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) and associated 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 thkty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37)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.
242-1525,67&68 Millpond Dreinege.doc 2 NACC 8/112011
DEP FILE#242 - 1525
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
BV W. These resource areas are significant to the interests of the Act as noted above and
therein. The applicant has not attempted to overcome the presumption of significance of
this resource area to the identified interests.
33.The NACC agrees with the revised wetland line approved for DEP File#242-1519.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and
a fifty foot(5(Y) No-Construction Zone shall be established from the edge of the adjacent
wetland resource area except where these zones were previously developed as shown on
the herein referenced plans. 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.
35.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.
36. 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
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or,if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
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38.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. hi the case of recorded
land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land,the Final Order shall also be noted on the land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done.The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
39. This Order of Conditions is issued in addition to that recently approved under DEP File
#242-1519 for conduit trenching by Verizon.
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 242-1525."
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.
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 sequence of construction,including a dated timetable of soil
disturbance,installation of sedimentation/erosion control devices,phasing associated
with the drainage work,and landscaping activities. This timetable must continue to be
updated monthly throughout the project.
44. Wetland flagging shall be checked prior to the 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
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marked with erosion controls or temporary fencing and shall be confirmed by the NACC.
Such barriers shall be checked and replaced as necessary and shall be maintained until all
construction is complete. Workers should be informed that no use of machinery, storage
of machinery or materials,stockpiling of soil or construction activity is to occur beyond
this line at any time.
45. A silt sock shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown on the plan approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior to
the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from site
erosion,or any noticeable degradation of surface water quality discharging from the site.
For example,installation of erosion control measures may be required in areas not shown
on the plan(s)referenced in this Order of Conditions. Should such installation be
required by the NACC,they shall be installed within 48 hours of the Commission's
request.
46. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of an additional length of sock or 10 hay bales and sufficient
stakes for staking the sock/bales. Said supplies shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of$1,500
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.
48. The applicant shall designate a Wetland Scientist or other environmental professional as
approved by the NACC or its agent, as an "Erosion Control Monitor (ECM)" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices (Credentials of said Erosion Control Monitor shall be
submitted in writing for review and subsequent approval by the NACC). The name and
phone number of the erosion control monitor must be provided to the NACC in the event
that this person has to be contacted,due to an emergency at the site,during any 24-hour
period,including weekends. The Environmental Professional will immediately notify the
Conservation agent of any matter that requires attention by the Commission or the agent.
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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. During the placement of engineered fill, the ECM should inspect and
submit reports confirming that the engineered slope is built in accordance with the plans
approved and referenced herein. Reports shall confirm slope construction details such as
placement of filter fabric between fill and stone as well as placement of required erosion
controls.
49. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report and photographs 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.
50. 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,such as a Management Company,
Homeowner's Association or individual,subject to said Orders of Conditions, the
"Compliance Certification Form" Affidavit(attached herein)signed under the pains and
penalties of perjury,stating that said applicant has read these Orders of Conditions and is
in compliance with each and every condition. If portions of said land are transferred to
different parties,such as individual unit owners, each party is subject to this 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.
51. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, contractor,engineer,
wetland scientist/environmental monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all construction
contracts,subcontracts, and specifications dealing with the work proposed and shall
supersede any conflicting contract requirements. The applicant shall assure that all
contractors,subcontractors and other personnel performing the permitted work are fully
aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly
liable for any violation of this Order of Conditions resulting from failure to comply with
its conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
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ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
STORMN'ATER MANAGEMENT CONDITIONS
52. 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.
53. Water quality down gradient of BV W 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.
54.The applicants, owners,and their successors and assignees,shall maintain all culverts,
collections basins, traps,outlet structures,subsurface storage areas,and other elements of
the drainage system,unless put into an easement to the Town of North Andover,in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
55. Upon beginning work,the applicant shall submit written weekly progress 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.
56. Construction sequencing shall be followed throughout all phases of construction as
detailed in the submitted construction schedule,thereby minimizing any unnecessary
impacts to the wetland resource areas.
57. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
58.The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and/ or habitat do not occur.
59.The existing roadway shall serve as the construction entrance for the project and shall be
swept weekly to remove sediment deposited by construction vehicles accessing the site. If
an alternative access is used,a crushed stone construction entrance shall be installed at
the designated access location as shown on the approved plans referenced herein to
minimize soil/material tracking onto the roadways and paved surfaces.This entrance
shall be reinforced and cleaned as necessary throughout the duration of construction.
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60.Erosion control devices shall be inspected regularly;any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas;silt sock shall be
replaced as necessary. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
61. All existing and proposed catch basins and oil traps on the site or on the streets adjacent
to the project shall be protected by Silt Sacks or other approved method to prevent
sediment from entering the drainage system. Silt Sacks or other catch basin protection
shall be maintained and regularly cleaned of sediments until all areas associated with the
work permitted by this Order have been permanently stabilized and the NACC and/or
Conservation Department has formally approved their removal.
62. Dewatering activities are not proposed. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the NACC or its administrator for approval,
which provides for the pumped water to be contained in a settling basin,to reduce
turbidity prior to discharge into a resource area.
63. Pavement and roadways shall be swept weekly or as directed by the Erosion Control
monitor,the Site Supervisor, Project Manager, or Conservation staff for as long as the site
remains exposed and un-stabilized.
64. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,
rubbish or debris, including but not limited to lumber,bricks,plaster,wire,lath, paper,
cardboard,pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the
foregoing.
65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,or
loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded,loamed and seeded prior to November lal of each year. Outside of the growing
season,exposed soil finish grade surfaces shall be stabilized with jute matting or by other
means approved by the NACC 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 by means approved by the NACC.
66. 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.
67. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
68.There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource
area.Soils or other materials shall be stockpiled in locations approved by this department
or within the designated areas as shown on the approved plans referenced herein.
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Further,due to the existing grade on the site,any approved temporary stockpile areas
shall be adequately surrounded by erosion controls to prevent migration of soils off-site.
69.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system,or wetland resource area. A washing area for concrete trucks shall be identified
prior to construction.
70.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.
71. 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
72. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Towns Wetland protection ByLaw.
73. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
74.There shall be no dumping of leaves,grass clippings,brush, or other debris into a wetland
resource area or within 25 feet of a wetland resource area. This condition shall remain in
perpetuity.
75. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
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76. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
77. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than 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 1y disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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87. The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
➢ A 25-foot No-Disturbance Zone and 50-foot No-Build Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP# 242-1525. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive the setbacks as established under this Order;
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid
blockages and siltation, which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas (Condition#54);
➢ Discharge or spillage of pollutants (Condition# 71);
➢ Prohibition of underground fuels(Condition#72);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#73);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#74);
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APPENDD(A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant an4(or current owner)
(PLEASE CRECKATLEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
1 I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19_
J 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. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
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