HomeMy WebLinkAboutMiscellaneous - 56 MONTEIRO WAY Massachusetts DepatI tef Eaviroo®eaWPrettetiaa Promdedby MassDEP:
Bureau of Resource Protection- Wetlands hassD4-1624
,DEP Transaction8:
WPAFe1®5-OrdaOfCwiiiong Ctylfown:NORTH ANDOVERLJ
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
A.Crenersd tHfOrM26011
1.Conservation Commission NORTH ANDOVER
2.Issuance % F DOC b.r Amended DOC
3-AppRMilDlAwils b.Last Name HEl'I-LMANN
a FbstName KENNETH
C.Orgarmthon CHRISTINENASSIVERA
d.Mailing Address 56MONTEIROWAY
e.Cay/Fmn NORTH ANDOVER f State MA g.Zip Code 01845
4.Propely Orae
a Fbstbiame KENNETH b.Las[Name HEITZMANN
C.Oigenuation CHRISTINENASSIVERA
d.Mailing Address 56 MONTEIRO WAY
e.Cityfronon NORTHANDOVER (State MA g.Zip Code 01845
5.PrajM f aebioe
aSneet Address 56 MONTEIRO WAY
b.Cityarva NORTH ANDOVER c.Zip Code 01845
d.Assessors MapTiaW 60 e.Parcel/LOW 146
f Lamade 42.67338N g Longitude 71.115671W
6.Property rNedrd at Poe Registry ofDerd foe
a.Ceanty b.CertificNe c.Bank d.Page
NORTHERN ESSEX 11049 293
7.D�s
a Date NO1 Filed: 5202014 b.Date Public Hearing Closed:6111/2014 c.Dale Of Issuance:6/132014
B.Fd AMarn d Pls>ad Oliver Daa—ae
a.Plan ride: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Dab: e.Scale:
56 MONTEIRO NERIDIAN
MICHAEL NOVAK,P.E. 06/05/I4 1"=20'
WAY,PERMFFSITE ASSOCIATES
PLAN OF LAND
B. Findings
1 Finding pm annum m the Mamie s Walaods Protection Act
Page 1 of •ELECTRONIC COPY
Massachusetts nepartlnmt of Eavimnmmtal ProteeaM Provided by MassDEP:
Bureau ofResomuce Protection-Wetlands Mass DEPsacion#: 1624
eDEP660251
WPA FOIm 5 -Order of Conditions Cdyf Transection d:ANDO
Ll
CitylTown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40
Following the review ofthe the above-referenced Notice of Intent and based onthe information provided in this application and
presented at the public hearing this Cameraman fads that the areas in which work is proposed is significant the following inreress of
the Wetlands Protection Act
Check all that apply:
a F Public Water Supply b. F Lend Cordeining Shellfish c.r Prevention of Pollution
d. r Private Water Supply e. r Fisheries f r Protection of Wildlife Habitat
Z r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control
Ll7®wr t ereby li dsthepojegapaI I c
Approved subject to:
a.r 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 Interdreferenced above,the following
General Conditions,and any other special continues atached to this Order.To the extent that the following conditions modify or
differ from the pis,specifications,re other proposals submitted with the Notice of Intent,these conditions shat controt.
Mahal has=:
b.r The proposed work cunnotbe conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may nal go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act and a final Order of Conditions is issued A deaniptiem of the perfermmee standards
which the proposed work cmnot asset is attacked to this Order.
c.r'The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified to the Wetands Protection pct Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests ofthe
Act,and a final Order of Conditions is issued.A dtsaptlan of the specific rafasa.atim which is L cki gand why it is
necessary is attacked to this Order as per 310 CMR 10."Ibc).
3.r, Buffer Zone Impacts:Shonest distance between limit of project disturbance and the wetland resource
arca specified m 310CMR10.02(l)(a). a linear feet
Ida"Beware Ana laparJz(For Appawah Ody):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
d. rat
a.Fierlim hfecirw clinear fad dFQfat
5.r- Bordering Vegetated Wetland
a.square fest b.square feet e.square feet d.square feet
6 r-latdrdo'Watnbodde amd Wmaways
a sgoae fra b.squarebti a square fen d sp fin
cd ftdgr frhdsd)pd
7.r Bordering Lard Subjeetto Flooding
a square feet b.square feet C.Name feet d.square feet
Page 2 of -ELECTRONIC COPY
Massachasetls Department of Envlru�mesihl Pra[ectioa Provided by MassDEP:
�l ,- Bureau of Resource Protection-Wetlands MassDEP File#:242-1624
WPA Fom5-Order ofCmdYims eDEP Transaction#:660251
L1
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Pown:NORTH ANDOVER
Cubic Feet Flood Storage
T.- feet E cubic feet g.cubic fed h.cubic feet
L r lsdw d Lad SdWd,oFlmdgg
a�eFd ILIPICSL
CVb.Fa Flood&nape
c caBi Ed drd�Ed eaieina faa6cid
9.r RiveifrartAm
a total sq.trot b.total sq.feet
Sgfit widun 100 It
c.square feet d.square feet e.square feet f.square feet
Sq It between 100-200 It
g.square feet h.square feet i.square feet I.square feet
Cmddg�Armdpa
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
l&rDraprbdPatAu=s Indicate size under Land Under the Ocean,below,
11.r land Under the Ocean
a square fat b.square fat
c.dy dredged d.dy dredged
Wr Budo Indicak st a,under Cos"Erad-aa WwCamWDa bdmr
13.r-Coma]Beaches
a square fee[ b.square feet c.ety nourishment d dy nourishrow
avgm fM Lseixucf t c dy ni d dy qumzh r
15.r Coastal Ranks
a linear feet b.linsarket
dL r Bdtyii&sn"Shaer
aagmcfed LSquare feet
17.r Salt Marshes
a square feet b.square feet c.square fed d.square feet
Mr Lamllder Sah Prods
aSgi fa Lsquarefrrt
Gdydmeed d dydadoa
19.r Land Containing Shellfish
a square feet b.square feet c.square feet d.square feet
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MasswkaseHs Departr to(Emvkommentalrrotectim ProvidedbylvlassDHP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1624
WPA Fam 5-Order ofCondiMiits eDEP Transaction#:660251
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City?own:NORTH ANDOVER
Iodaa!>e adv CmM H.*,iJwd Bask Lm d Umk ria
21LI-FeYdr orv,a A%,olmd LadUothu Waavbudanerd W�rr�;
atovc
e dy drdgd&civ drrdeed
21.r-Land Subject to Coastal Sharon Flowage
a sgoare feet b.square feet
22.
C Restoration/Enhancerawt(For Approvals Only)
If Me project is for the purpose oftestoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17,c&d above,please entered the additional amount here.
a square feet of BVW b.square feet of Salt Marsh
23
r-Streams Crossing(s)
If the project involves Smarm Crossings,please eater the number ofnew stream crossings/number ofreplacamwt stream crossings.
a number ofnew stream crossings b.number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The ferowing cmditmrs we ody appticabre m Approved projects
1. Failure to comply with all conditions stated herein,and with all related stables and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it dues not authorize any injury to private property or
invasion ofpnvate rights
3. This Order does not relieve the permittee or any other person ofthe necessity ofoomplying with all other applicable federal,
state,or local statutes,mdinanceq bylaws,or regulations.
4. The work authmisd hereunder shall be completed within three years from the date of this Order unless either ofthe following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than duce years,but less than five
yeas,from the dare of issuance.If this Order is intended to be valid for mare than three yeas,the
e>,tension date and the special cocumstamces wamatingthe extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to does yeas each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order coastheres an Amended Order ofConditions,this Amended Order of Conditions does not exceed the issuance
dem ofthe original Final Order of Conditions.
7. Any fill used in commotion with this project shall be clean fill.Any fill shall contain no Wish,refuse,rubbish,a debris,including
but not limitd to lumber,bricks,plaster,wire,lath,paper,cardboard,Pipe,tires,ashes,refrigerants,motor vehicles,or pans of
anyarheforegoing.
8. This Order is amt fatal wail all administrative appeal periods from thus Order have elapsed,or ifsuch an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has become fatal 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 oftRle ofthe affected property.In the case ofrecorded land,
Page 4 of 9•ELECTRONIC COPY
LJMassachase[ts Depar'datol'E�viro�t�atal P4'atecdoa Providedby MmsDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1624
WPA Fem 5-(kda of eons eDEP Transaction 4:660251
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/rown:NORTH ANDOVER
the Final Order shall also be noW in the Registry's Gondar Index under the name ofthe owner of the land upon which the
proposed work t an be done.In the case ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate of Title ofthe owner ofthe land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form a the cad of this Order,which farm most be summed by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall he displayed at the site not leas than two square fed or more than doee square feet in size bearing the words,
"Massnchusas Department ofErwrommental Protection"
[or'MassDEP"j
File Number"242-1624"
Il. Where the Department of Environmental Protection is requested a issue a Superseding Order,the Conservation Commission
shall be aparty In all agency proceedings and hearings before Mass DEP.
12. Upon completion ofthe work described herein,the applicant shall submit a Request for Certificate ofCompliance(WPA Form
SA)to the Conservation Commission.
13. The work shall conform a the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough to require the filing ofa new Notice of Werrt
15. The Agan or members of the Conservation Commission and the Department ofEnvhmunental Protection shall have the righty
enter and inspect the area subject to Mrs Order a reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal ofa y data deemed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shall apply an my successor in interest or successor in control ofthe property subject to this Order and
W any contractor or abler person performing work conditioned by this Order.
17. Prior an the start ofwork,and lfthe project involves work adjacent to a Bordering Vegetated Wetland,the boundary ofthe
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markets shall be maintained until aCemtificate 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 an time shall sediment be deposited in a wettnd or water body.During cousenttion,the applicant or his/her
designce shall inspect the erosion controls on a daily basis and shall remove accmnulated sediments as needed.The applicant
shall immediately control any erasion problems Na acct a the site and shall also immediately notify the Conservation
Commission,which reserves the right Is require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation banners shall serve as the limit ofwork unless gather limit ofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Projeef')is(I) r is not(2)F subject to the Massachusetts Stormwater Standards.
Ifthe work is subject to Stodnwater Standards,then the project is subject to the following conditions;
a) All we&,including site preparation,land disturbarmoq constlmtion and redevelopment,shall be implemented in accordance
with the conswetionperiod pollution prevention and erosion and sedimentation control plan and,ifapp8cable,the
Sannwad pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Sammwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fidly stabilized
b) No smrmwaer runoffmay be discharged In the post-consenction sannwaer 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 conswetion
operation for summoner attenuation,recharge,and/or treatment,the conversion is allowed by the M&oDEP Stonawater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal ofall construction period sediment hopped in inlet and older central strucl ues;U.as-buet final construction
BMP plans are included,signed and stamped by a Registered Professional Engined,certifying the site is fiilly stabilized;iii
my illicit discharges to the sammwater management system have been removed,as per the requirement of Storrrawaer
Page 5 of 9•ELECTRONIC COPY
L1NUssaciasetts Departreart of Eaviroaoeatal Protectiae Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File X242-1624
WPAFoam 5-OrdffafCondilions eDEPTransaction X:660251
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NOR7HANDOVER
Standard 10;iv,all post-construction smmrwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established W withstand
crunioR
c) The landowner is responsible for BMP mainterance until the issuing authority is notified that sootier party has legally assumed
responsibility for BMP maintenance.Prior W requesting a Certificate of Compliance,or Partial Certificate ofComptience,the
responsible party(defined in General Condition 19(e))shall a==and submit W the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the SWnnuarkr BMPs identifying the party responsible for
implementing the stonnwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing ofthehongoing legal responsibility W operate and maintain the sWrrtiwatermanagement BMPs and
implement the Smoravatsr Pollution Prevention Plan.
d) Post-cemtruction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section ofthe approved StorawaterReport and,if applicable,the Stamwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Muki-Sellar General Permit
e) Unless and until another party accepts responsibility,the landowner,or owner ofany drainage easement,assumes
responsibility for maintaining each BMP.To overcome this prescription,the landowner of the property most submit in the
issuing authority a legally binding agnancut ofrecard,acceptable W the issuing authority,evidencing then another entlty,bas
accepted responsibility for maintaining the BMP,and door the proposed responsible party shall be treated as a permittee for
purposes of implementing the requin menti of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party W implement the requirements of Conditions 19(t)through 19(k)with respect W that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case ofstormwaterBMPs that are serving more
it=one lot,the legally binding agreement shall also identity the lorsthat will be serviced by the smrrowaterBMPs.A plan and
easement deed itort grants the responsible party access W perform the required operation and maintenance must be submitted
along with the legally binding agreement
0 The responsible party shall operate and maintain all smrmwakr BMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts SWrmwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or my part thereof and disposal(for disposal the
log shall indicate the type ofmateriai and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agent of the MassDEP and the Commission W enter and inspect the site W evaluate and ensure
that the responsible parry is in complies e,with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other confaninaits removed from stormxata BMPs stall be disposed ofin accordance with all applicable
federal,state,and local laws and regulations.
it Illicit discharges to the sairmwater management system as defined in 310 CMR 10.04 one prohibited.
j) The slormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval ofthe issuing amhority.
k) Areas designated as qualifying pervious intent for the purpose of the Low Impact Site Design Credit(as,defined in the
MassDEP SWrtnwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
0 Access for maintenance,repair,and/or replacement ofBWs shall not be withheld.Any fencing constructed around
steram sten BMPs shall include access genes and shell best least six inches above guide to allow for wildlife passage.
Special CoorllhNs:
Page 6 of 9•ELECTRONIC COPY
Massachusetts Department of Eavi� tal Prafeclim Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1624
WPA Frog 5 -Order of Canditioms eDEP Transection#:660251
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 aty/fown:NORTH ANDOVER
)a IR
D. Findings Under Municipal Wedands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Coinmission hereby(check one that applies)
a r DENIES the proposed work which cannotbeconditionedto
meetthe standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until arevised Notice of Intent is submitted which provides
measures which are adequate in meet Nese standards,and a final Order or Conditions is issued Wtdch are necessary to
comply with a municipal ordinance or bylaw:
b. r APPROVES the proposed work,subject to the following
additional conditions
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission ordersthin all workshall be performed in accordance with the following conditions and with the Notice of
Intentrefererked above.To the extent that ase following conditions modify or differ from the plans,specifications,a other
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 7 of 9"ELECTRONIC COPY
L3Masu&usetls Departamt of Evvirataa tsl Protetrim Provided by MmaDEP:
Bureau of Resource Protection- Wedands MassDEP File#:242-1624
WPA Fem5-Order ofCeaditions cDEP Transaction#:660251
Massachusetts Wetlands Protection AR M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
F— Sig09tllres 611:? .
�
This Orderisvalid fndueeyears from the date ofissuance,uNWess otherwise specified 13 . 0{
pursuant to General Condition#4.iftts ism Amended Order of Conditions,the Amended 1.Date 6fOngdU Order
Order expires on the same daze as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order mustbesigned by 2.Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(rehun receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered mthe same time to the appropriate Depmenent ofEnviromnentl Protection Regional Office,if not fifing
electronically,and the property owner,ifdiRerent from applicant
Signatures:
r by hand delivery on ra- y certified mail,return receipt requested,on
G/i -�la6r�
Dale Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,airy 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 mtifiedmail or hand delivery to tbe
Department,with the appropriate filing fee and acompleted Request forDepmtmemal Action Fee Transmittal Form,as provided in
310 CMR 10.030 within ten business days from the date of issuance of this Order.A copy of the request shall 9the same time be
sent by certified mail or band delivery to the Conservation Commission and m the applicant,if he/she is not the appellant
Any appellants seeking to appeal the Deparmsenfs Superseding Order associated with this appeal will be required to demonstrate prior
participation m the review of this project Previous participation in the Perron 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 inform ation
to the Department prim 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
contnbme t the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with rhe wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance orbylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jmisdiction.
Pagp of IU 'ELECTRONIC COPY
MassaeYasetfs Departs t of Eaviraaaseatat Frotectim Provided by MaasDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1624
R'FA Form 5-Order of Coodifioas eDEP Transection#:660251
L1(
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/ onsn:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Dads or the Land Court for the district in which the land is located,
within the chain of tide of the affected Property.In the case of recorded land,the First Order shall also be noted in the Registry's
Greater Index ander the name of the owner of the land subject to the Order.In the case of registered lend.this Order shall also be
noted on the Land Court Certificate,of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall he submided to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stumped by the Registry of Deeds and submit no the Conservation Commission
........................................................................ ..................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
56 MONTEBiO WAY 242-1624
ProjectLocation MmsDEP File Number
Has been recorded a the Registry of Deeds of.
County Book Page
foo
Property Owner KENNETHBEITZMANN
and has been noted m the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issned on:
Date
If recorded land,the instrument amber identifying this traccac ion is:
Instrument Number
If registered land,the document number identifying this transection is:
Document Number
SignatureofApplicant w..aino�o
Page 9 of 9•ELECTRONIC COPY
DEP FILE#242-1624
Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: demolition of in-ground pool coping and patio. New
coping and new larger patio are proposed.The work also includes replacement of the
existing pathway with stepping stones and an existing retaining wall with a new block
wall. All work is within the 100-foot Buffer Zone to Bordering Vegetated Wetland
(BV W). Portions of the new patio are within the 50-foot No-Build Zone. A waiver was
approved. Mitigation for the additional work includes a buffer zone restoration
planting plan and permanent markers at a modified No-Disturbance Zone. A rain
garden and infiltration chamber will be installed to mitigate for the increases in
impervious area. Fence relocation and removal of a gravel playground area are
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: Kenneth Heitzmann
Christine Nassivera
56 Monteiro Way
North Andover, MA 01845
Representative: Michael DeRosa
DeRosa Environmental Consulting, Inc.
2 Central Street; #5
Ipswich,MA 01845
Site Plans prepared by: Meridian Associates
Titled: 56 Monteiro Way, Permit Site Plan of Land
Located in North Andover, Massachusetts
Dated: April 24,2014
Revised per Commission Comments: 06/05/14
Signed and Stamped by Michael Novak,P.E.
242-1624,56 Monmiro Way OOC Spxial Conditions 1 NACC 6/132014
DEP FILE#242-1624
Other Record Documents: Operation and Maintenance Program for A Proposed
Stormwater Management System located at 56
Monteiro Way
Date: May 14,2014
Supplemental Information:Changes to Plan and
Detailed Mitigation Plantings
Date:June 6,2014
Prior Filings: DEP File#242-1312
COC Issued: 2/27/08
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),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.
242-1624,56 Monteiro Way OOC Special Conditions 2 NACC 6/13/2014
DEP FILE#242.1624
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 thir
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. This Order of Conditions is issued in addition to the OOC issued under DEP File#242-
1312 retaining wall construction and other activities. A Certificate of Compliance for
the filing was issued on February 27,2008.
32. 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).
33.The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW). This resource area is significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
34.The NACC agrees with the applicant's delineation of the wetland resource areas on
site (Al - A6 &Bl - B5 after flag B5 the wetland follows the new(proposed) fence
line)as shown on the plans dated referenced herein.
35. 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 f5(Y) No-Construction Zone shall be established from
the edge of the adjacent wetland resource except for areas shown as previously
developed on the herein referenced plan and those approved under the approved
waiver request. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
36.The applicant's mitigation proposal to restore the No-Disturbance Zone (variable
width) is acceptable to the NACC. The new No-Disturbance Zone will be
242-1624,56 Monteiro Way OOC Special Conditions 3 NACC 6/132014
DEP FILE#242-1624
monumented by posts with wetland markers. The area will be planted in accordance
with Figure 2: Planting Plan with the "Supplemental Information" referenced herein.
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 will be removed as needed.
37. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the 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.
38.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
39. 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.
40. 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.
41. 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 242-1624."
242-1624,56 Montano Way OOC Special Conditions 4 NACC 6/132014
DEP PILE#242-1624
42. Any other 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.
43. 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.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval,a dated and detailed sequence of construction,including the installation of
erosion control,demolition,patio installation,wall construction,fence relocation,
planting and final stabilization.
45. 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
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
46. Filtennitt(12" minimum) or other erosion control approved by the Conservation
Department shall be placed between all construction areas and resource areas as
shown on the herein referenced plan. The erosion control barrier will be properly
installed and placed as shown on the plans approved and referenced herein and shall
be inspected and approved by the NACC or its agent prior to the start of construction
and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion,or any
noticeable degradation of surface water quality discharging from the site. For
example,installation of erosion control measures may be required in areas not shown
on the plan(s)referenced in this Order of Conditions. Should such installation be
142-1624,56 Monhiro Way OOC Spxial Conditions 5 NACC 6/13/2014
DEP FILE#242-1624
required by the NACC,they shall be installed within 48 hours of the Commissions
request.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of five (5) hay bales and sufficient stakes for staking these
bales (or an equivalent amount of filtermitt). Said erosion controls shall be used only
for the control of emergency erosion problems and shall not be used for the nonnal
control of erosion.
48. 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.
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 occurs 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
242-1624,56 Montero Way OOC Speeial Conditions 6 NACC 6/132014
DEP FILE H 242-1624
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 or when the mitigation area is planted,the applicant shall
permanently mark the edge of the No-Disturbance Zone on all delineated wetlands
with signs or markers spaced evenly every 30 feet incorporating the following text:
"Protected Wetland Resource Area" and the associated rules(1 square for every 3
round markers). The markers may be mounted to existing vegetation,the fence, or 4"
x 4" pressure treated posts. These markers will designate the sensitivity of the
resource area 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 are available from the
Conservation Department($2 round and$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.
53. 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,the
contractor,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 permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
242-1624,56 Monteiro Way OOC Special Conditions 7 NACC 6/13/2014
DEP FILE 9 242-1624
54. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
55. All stormwater best management practices shall be maintained in perpetuity as
specified in the Operation and Maintenance Program for A Proposed Stormwater
Management System located at 56 Monteiro Way submitted with the Notice of Intent
and incorporated in the Order of Conditions.
56. The applicants,owners, and their successors and assignees, shall maintain,in
perpetuity,all culverts,collections basins,traps,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
57. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas,and what work is
anticipated to be done over the next period. This will update the construction
sequence.
56. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). If emergency
de-watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
59. Construction access shall be as shown on the approved plan. At the end of each work
day,the driveway will be swept to prevent sediment tracking.
60. 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.
61. 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 1at of each year. Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
242-1624,56 Monteiro Way OOC Special conditions 8 NACC 6/13/2014
DEP FILE 4 242-1624
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
62. 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.
63.There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.
64. Washings from concrete trucks,or surplus concrete,shall not be directed to,any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
65. 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.
66. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
67. 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
68. 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.
69. Draining of pool water is not permitted directly into an area subject to jurisdiction of
the Wetlands Protection Act and/or the North Andover Wetland Bylaw(including
catch basins and the 25' No-Disturbance Zone). This condition shall survive the
issuance of a Certificate of Compliance.
242-1624,56 Monteiro Way 00C special Conditions 9 NACC 6/13/2014
DEP FILE N 242-1624
70. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
type (<5%),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.
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 survive the issuance of a Certificate of Compliance.
71. There shall be no dumping of leaves,grass clippings, brush,or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall survive
the issuance of a Certificate of Compliance.
72. 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.
73. 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.
74. 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 BA- "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.
It. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. lois 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 then the entire structure must be depicted to accurately verify
compliance.
242-1624,56 Monteiro Way OOC SpecW Conditions 10 NACC 6/132014
DEP FILE#u2-1624
➢ "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.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance(COC) for this project:
➢ A 25' No-Disturbance Zone and a 5(Y No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot except in
those locations approved under DEP#242-1624. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See 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 Maintenance(Condition#55);
➢ Discharge or spillage of pollutants(Condition#67);
➢ Prohibition of underground fuels (Condition#68);
➢ No-backwashing into resource areas(Condition#69);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#70);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#71).
242-1624,56 Monteiro Way OOC Special conditions I1 NACC 6/13/2014
DEP FILE#242-1624
APPENDIX A-AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST 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
2._ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-autiwrized agent of applicant or owner)
242-1674,56 Monteiro Way OOC Special Conditions 12 NACC 6/132014
i
OPERATION AND MAINTENANCE !PROGRAM
far
A PROPOSED STORMWATER MANAGEMENT SYSTEM
kcatedat
56 MONTEIR 0 WAY
NORTH ANDOVER, MASSACHUSETTS
E & IIV
tw 1 $ 1414
NOR-W1410YER
COWSEMMOW COdMISSIOW
Applicants:
Kenrwth H. Heitzman &
Chrisbne K Hassivera
56 Montero Way
North Andover, Massadausetts04845
Prepared byr.
Ueddian Associates, Inc.
500 Cummings Center, Suite 5950
Beverly, Massachusetts 01945
(978) 29M447
" 14, 2014
Rajea Ratae: 56 Nlonteiro Way
North Andover, NIA
Applicants: Kenneth H. Heitzman & Christine K.Nassivera
56 Monteiro Way
North Andover, NIA
Party Responsilile fQ 01_aintenance
During Construction:'.- Contractor
Party Responsible for Maintenance
After Construction: Property Owner
Erosion and-Sedimentation Caaaal measuies drama Cansan"m AciwYses
Filillemmillilt
Filtermitt will be installed along the down gradient limit of work as depicted on the
Site Construction Plan. The Filtermitt will be installed,prior to the commencement of
any work on-site. An additional supply of Filtermitt shall be on-site to replace and/or
repair Filtermitt that is disturbed. The lines of Piltermitt shall be inspected and
maintained on a weekly basis during construction. No construction activities are to
occur beyond the Filtermitt at anytime. Sediment shall be removed once the
volume reaches /a to /2 the height of the Filtermitt.
S rtsoe Sta6ilizatian
The surface of all disturbed areas shall be stabilized during and after construction.
Disturbed areas remaining idle tormore than 14 days shall be stabilized.
Temporary measures shall be taken during construction to prevent erosion and
siltation. No construction sediment shall be allowed to enter any infiltration system
or formal drainage system. All disturbed slopes willbe stabilized with aperrnanent
vegetative cover. Some or all of the followingmeasures will be utilized on this
project as conditions may warrant.
a. Temporary Seeding
b. TemporaryMulching
C. Permanent Seeding
d. Placement of Sod
e. Hydroseeding
L Placement of Hay
g. Placement of Jute Netting
Dust shall be controlled at the site.
Subsrnface fafilralirrn FatiYes
Construction activity above and around the proposed location of the subsurface
infiltration facility shall be limited to prevent compaction of the existing soil. Care
shall be taken to redirect stormwater runoff from this area to prevent ponding.
Installation of this system shall occur under dry weather conditions and system shall
be backfilled immediately to prohibit the introduction of fines or other material that
mould compromise the functionality of this system.
Sit Sats
Silt sacs shall be placed in catch basins down gradient of the project/work area to
prevent sediment from entering the drainage system. Silt sacs shall be periodically
cleaned while in use and must be cleaned prior to and after precipitation event.
Henwat of Sed hent and Eousian CairoFs
At the completion of construction activities and after receiving approval from the
Town of North Andover, all physical sediment and erosion controls shall be removed
from the site.
L.orrwTem brsDection and Ilfaorlarance Measures after Construction
Erosion Control
Eroded sediments can adversely affect the performance of the stormwater
management system. Eroding or barren areas should be immediately re-vegetated.
Subsurface Infiltration Faciy
The infiltration system inspections (surface and subsurface) should include
inspections following the first several rainfall events or first few months after
construction, after all major storms (2-year}, and on regular bi-annual scheduled
dates, to ascertain whether captured runoff drains within 72 hours following the
event. Ponded water inside the system (as visible from the observation well) after
several days often indicates that the bottom of the system is clogged. If the water
doesnot drain, then a qualified professional should be retained to determine the
cause of apparent infiltration failure and recommend corrective action- Such
corrective action should be immediately implemented by the homeowner. If depth of
sediment is observed to be greater than 3"then the system should be cleaned. The
system should be flooded via pump truck and water forced back to the upstream
cleanout where sediment can be vacuumed out.
Grass Dgwessiea Area
The grass depression area shall be inspected after major storm events, or at
minimum twice per year for sediment build-up, structural damage and standing
water. Depression shall be inspected for eroded areas and repaired monthly. Littler
and debris shall be removed regularly. Diseased vegetation shallbe treated as
necessary and dead vegetation shall be removed and replaced twice a year (spring
and fall).
Areas irre"*Does-91114pe of AIII&SUMOdes
The grassed areas immediately at the discharge point and down-slope of the splash
blocks shall be inspected after major storm events, or atminimum twice per year.
These locations will be subject to concentrated flows and therefore may be prone to
erosion and the formation of "gulleys" or channels. If any"gulleys" or channels are
observed, they should immediatelybe repaired by installing sod andreseeding with
grass. These areas shall be reseeded until a stable groundcover is established.
Debris and L ttm Reummd
Trash may collect in the 13MP's,potentially causing clogging of the facilities. All
debris and litter shall be removed when necessary, and after each storm event.
Sediment and debris collected from vacuuming and/or sweeping should be disposed
of at a permitted waste disposal facility. Avoid disposing of this material on site,
where it could be washed into the proposed subsurface infiltration systems.
PA5566_N.Andover\ADMINVepods\StormwatedO&M PROGRAM.doc
9TOkMWA'hk:12 MANAnP.Mf,.N'h
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INSPECTION SCIIEDULE AND EVALUATION CIMCKLIS'I'
PROJECT LOCATION( 56 Monteiro Way,North Andover Massachusetts WPATI#Mltl
/hspecgoh Requd-ed lHspection Ibllow-up
Date Ihspectot Are.Ihspected P-equency if BMP cothWhts Becom&ehdaAah Idspection Requited
e
Filtermitt Weekly and After
Major Storm Events
Subsurface Weekly and After
Infiltration System Major Storm Events
Catch Basins-Silt Weekly and After
Sac Major Storm Events
(1) Refer to the Massachusetts Stormwater(landbook, Volume Two: Stormwater Technical handbook (February 2008) for
recommendations regarding frequency for inspection and maintenance of specific$MP's.
(2) Inspections to be conducted by a qualified professional such as an environmental scientist or civil engineer.
Limited or no use of sodium chloride salts,fertilizers or pesticides recommended.
Other notes: (Include deviations from: Con. Comm. Order of Conditions,PB Approval,Construction Sequence and Approved Plan)
Stormwater Control Manager: _
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INSPECTION SCIIEDULL AND UVALUA'I'I()N CHECKLIST
I'itojikct LOCATIoNl 56 Monteiro Way,North Andover Massachusetts WLATHtAl
Ihspectioh Required Ihspection POHOW-up
bate Inspector Area Inspected Pregnency if PUP Comments Reconimehdatwn Inspection kequired
Subsurface Bi-annually and After
Infiltration System Major Storm Events
Areas Down-Slope &-annually and After
of Splashblocks Major Storm Event
Grass Depression Bi-annually and After _
Area Major Storm Event
(3) Refer to the Massachusetts Stormwater Handbook, Volume Two: Stormwater Technical Handbook(Pebruary 2008)for
recommendations regarding frequency for inspection and maintenance of specific BMP's.
(4) Inspections to be conducted by a qualified professional such as an environmental scientist or civil engineer.
Limited or no use of sodium chloride salts,fertilizers or pesticides recommended.
Other notes: (Include deviations from: Con. Comm. Order of Conditions,PB Approval, Construction Sequence and Approved Plan)
Stormwater Control Manager:
PAB666_N.AndoveMOMIMrePoes\Stormw ter\O&M PROGRAMAm