HomeMy WebLinkAboutMiscellaneous - 49 ORCHARD HILL ROAD 0 Massachusetts Department of Environmental Protection Provided by M=DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1571
WPA Form 5-Order of Conditions eDEP Transaction#:518273
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 CApTown:NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a First Name R STEPHEN b.LwName MANTY
C.Organization AAA SOUTHERN NEW ENGLAND
d.Mailing Address 110 ROYAL LITTLE ROAD
C.City/To. PROVIDENCE £State RI g.Zip Cade 02904
4.Property Owner
a FiraName R.STEPHEN b.LestName MANTY
c.Organuabon AAA SOUTHERN NEW ENGLAND
d.Mailing Address 110ROYALLIMEROAD
e.City?own PROVIDENCE f.State RI &Zip Code 02904
5.Project Location
a.Sinet Address 49 ORCHARD HLL ROAD-AAA
b.Cby/lbwn NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#34 e.Parosl/Lot# 8
f.Letimds 42.72822N g.Longaude 71.10979W
6.Property recorded at the Registry of Deed for:
a.County b.CerFiScate c.Book d.Page -
NORTHERN ESSEX 05628 0269
7.Dates
a Dole NOI Filed:9282012 b.Date Public Hearing Closed: 11/14/2012 c.Dato Of Issuance: 11/152012
&.Final Approved Plans and Otber Documents
s.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING FRANK S.GILES II
CONDIDIONS LANDCONSULTING FRANKS.GILES,PLS September 24,2012 1-20'
TRIPLE AAA SITE
B.Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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0 Massachusetts Department of Environmental Protection Provided by MassDEP: .
Bureau of Resource Protection-Wetlands MssDEPFOe#:742-1571
WPA Form 5-Order of Conditions eDEP Trorswdon#:518273
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/rown:NORTHANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Rum Ocean,andforialand Lend Under Wmerbodies and Waterways,
above
c.cly dredged d.c/y dredged
21.r Land Subject to Coastal Sturm Flowage
a square fat b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a warlord resource ars in addition to the square footage that has bear
ordered in Section BAc&d or B.17.c&it above,please entered the addifional amount here.
a square fact ofBV W b.square fat ofSaltMazsh
23.
r Streams Crossing(s)
If Ne Miect involves Stream Crossings,Please enta the number ofnew sham crosingchrumber of replacement sham,crossing,
a number ofnew stream crossings b.number of replacementstrsm crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Fail=in comply with all conditions stated herein,and with all related stables and man regulatory measures,shall be deemed
cause to revoke in modify this Order.
2. The Order data not giant my property rights in my exclusive privileges,it does not authorim any injury to private property or
invasion of private rights.
3. This Order dos not relieve die permthee or any other person of the necessity of complying with all other applicable federal,
state,or treat stances,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within does years from the data of this Order unless either of the following
apply
a the work is a maintenance dredging proj ect as provided for in the Aa;or
b.the time for completion has been extended m a specified dace more than Nra years,but less Nor five
years,Brom the date of issuance.If this Order is intended to be valid for mom than three years,the
extension data and the special circumstances warmrrting the extended time period are satfMh as a
special condition in this Order.
5. This Order may be extended by the issaing audrorityfor one or more periods of up in flues years each upon application to the
issuing authority at least 30 days prior to the ezpirntion date of the Order.
fi. If this Orderconstituces an Amended Order of Conditions,this Am ended Order of Conditions dos not emceed the issuance
data of the original Final Order of Conditions
7. Any 511 used in connection with this project shall be clean fill.Any fie shallcomaio no trashy refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lard,paper,cardboard,pipe,toes,ashes,refrigerators,motor vehicles,or pars of
arryofthe foregoing.
8. IN.Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has became twat and then has been recorded in Ne Registry of Dads or the Land
Count for the district in which the land is located,within the chain of tide of the affected property.Inthe case ofrecorded lord,
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Massachusetts Department of Environmental Protection Provided by MwsDEP:
MassDEP Bureau ofResoufce Protection-Wetlands eDEPTransac X:242-1571
eDEP Transaction X:ANDO
LU WPA Form 5-Order of Conditions ciry/I'otm:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40
the Final Only shall also be noted in the Regishy's Graoor Index under the name of the owner ofthe land upon which the
proposed work is to be done.In the case ofthe registered land.the Final Order shall also be noted on the Land Court
Certificate of Tide of the owner ofthe landupon which the proposed wale is done.Therecording information shall besrbmmed
mtlre Cmsmvntion Commission onthefonn at the mdofthis Order,which form must be stumped by theRegisny,of Deeds,
prior to the commencement of work..
10. A sign shell be displayed at the site not less than two square fat or am Ran dace square feet in sine bearing the words,
"MassaclumemDepamnent ofEavhonmerrtel Protection"
[or'MassDEP"j
FileNumber:"242-1571"
11. Where the Department ofEmoomrentalPmtection is raluestdto issue a Superseding Order,the Conservation Commission
sball be aparty to all agency proceedings and hearings before Mase DEP.
12. Upon completion of the work described harem,the applicant shall submit a Request for Cerfifirate of Compliance(WPA Foran
ISA)to the Conservation Commission.
13. The work shall conform tothe plans and special conditions referenced inthis order.
14. Any change tothe plans identified in Condition*13 above shall=quire the applicant to inquire of the Consmvation Coranission
in writing whether the clange is sigadrfe ntenough to require the fding of anewNotice ofIrtevt
15. The Agent or members of the Conservation Commission and ds,DepamnerrtofEnvironmental Protationshallhave the right m
cna and inspect the meas aim to this Order at reasonable hours to evaluate compliance with to conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission orDepartment fm that
evaluation
16. This Order of Conditions shall apply any successor in interest or successor in control of the property subject this Order and
to any contractor or other person performing work conditioned by this Order.
17. ftortotheslsoafwork,and ifthe project involves work adjacent to a Bordering Vegensted Wetland,the boundary of the
wetland inthovidniry ofthe pruposedwork meashall be marked by wooden stakes or flagging.Once in place,thewedand
boundary markers shall be msinmineduntil aCml&cw ofComplianahas been issued by the Conservation Commission.
lg. All ssimasommrbania,shall bemormarsd ingoodre*until all disturbed meas have been fully stabilized with vegetation or
oduamems.At no time shall sediments be deposited in awedand orwaterbody.During construction,the applicant orhivber
designee shall inspect the erosion controls on a daily basis and shall remove mcumulatd sediments as needed.Theapplicent
shall immediatelycomol any erosion problems that occuratthe site and shall also immediately notify the Conservation
Commission,which reserves the nghtm require addi ionnl eremonand/or damage pmemiom controls itmay demenecosary.
Sedimmtadonbanim shall serve mft limit ofwmk minis motherhmit ofwmk lmehasbeen approvdby tbB Order.
NOTICE OF STORMWATERCONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r isnd(2)F mbja Wthe Massachusetts Stormwata Standards.
Ifthe work's subjectto Stormwuter Standards,Nen the project is wfajar tw the following conditions,
a) All work including site preparation,land disMbww,,comtuctimmd redevelopment,shall be implemented in accordance
wlththemn chmpmdpolluhmproventionende mmdsdimatatmcontrolpimend,ifapplicablSthe
Stormweraponu mpreventionPlanrequ'vedbytheNadonat PollmantDLwbargeElinhWmSys Consbuction General
Permit as required by Storanwatm Standard g.Construction period erosion,sedimentation and pollution control measures and
bear management practices(HNPs)shall remain in phare until the site is fully stabil'vei
b) No sonnowatermaoffmay be discharged to the post-consenadon stornwaterBMPs unless and until aRegistered
Professional Engineer provides a Certification that:i.all corsandionperiod BMPs have been removed or will be removed by
a date certain specified in the Certification.Fm my constructionperiod BMPs intendedto be converted to postconstructim
operation for stomrw nerattenuation,recharge,and/"treatment,the conversion is allowed by the MassDEP Stcmuwata
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment tapped in inlet and under control structures,u..as-built final construction
BMP pis era included,signed and stamped by a Registered ProfessumalEngineer,certifying the she is fully smbitiad,iii.
my illicit discharges m the sro a m,management sysmm have been removed,as per the requirements ofSmimweter
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0 Massachnsetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFHe#:242-1571
an
WFA Form 5-Order of Conditions eDEP Trsaction#:518273
Massachusetts Wetlands Protection Act M.Q.L.c.131,§40 Qty/Tovm NORTH ANDOVER
Standard 10;iv.all post-consoactimstormwaterBMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and lave been Inspected to ensure don they are net damaged and then they ere in
properworldvg condition;v.any vegetation associated with port-consWctim BMPs is suitably established to withstand
(TOMM.
c) The landowner is responsible for ENT maintenance until the isming authority is notified dam mother party has legally assumed
responsibility for BMP maintenance.Prim to requesting a Certificate ofComplimnce,orPartial CertificaneofCompliance,the
responsible party(defined in General Cmdillon 19(e))shall execute and mbmitto the issuing authority anOperation and
Meintar mce Compliance Smtemem("O&M Statement')fm the StormwatarBMPs identifying the party responsible for
implemen ingtheslornweter BMP Operation and MeirrtmencePlan("O&M Plan)and certifyingthe follming:i)the O&M
Plan is complete and will be implemented upon receipt of the Cedificine of Compliance,and H.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate aid maintain the stmnwater management BMPs and
implement the smmmoub,pollution Prevention plan
d) Post-constructimpollution prevention and sauce control shall be implemented in accordance with the long-lermpo0ution
prevention plan section ofthe approved Summoner Report and,if applicable,the stormwater Pollution Prevention Plan
requited by the National Pollutant Discharge Elimination system Multi-Semor General Permit.
e) Unless and mill another party accepts responsibility,the landowner,or owner of my drainage easement,assmnes
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property most submit the
issuing authority a legally binding agreement of record,acceptable an the issuing authority,evidencing datanother entity has
accepted responsibility for maintaining the BMP,and dal the proposed responsible party shall be treated as a permittee for
purposes ofimplementing the requirements of Conditions 19(1)through 19(k)with respect to Oat BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19T)through 19(k)with respect to that BMP shall
be aviolation of the Order of Conditions orCertificazeofCompliance.In the case ofsumnivitcrBMPs that are serving more
then one lot the legally binding agreement shall also identify the lots thatwX be serviced by the stounwaterBWs.Aplan and
easement deed that grants the responsible party socess to perform the required operation and maintenance must be submitted
along with the legally binding agreanem.
Q The responsble party shall operate and maintain all sthrmwmer BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwatee Handbook
g3 The responsiblepmty shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive caland"=of inspections,repairs,
maintenance and/or replacement of the stmmwmm management system or my part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available toMassDEP said the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Commission to anter 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
iheissuingauthmity.
10 All sediment or other contaminants removed from stonnumarBMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations
§ IWch discharges to the storm atermanegemem system as defined in 310 CMR 10.04 are prohibited.
3) The nomwmermanagement system approved in the Oder of Conditions shall not be changed withomthe prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwmer Handbook Volume 3,Chapter 1,Low Impact Development Site Design Cledits)shall not be altered
withom the prior written approval of the issuing authority.
0 Acres for maime ance,repah,andfor replacement ofBMPs shall not be withheld.Any fencing constructed mond
stormwaterBMPs shall include access groes and shall be in least six inches abovegmile to allow for wildlife passage.
Special Conditions:
SEEATTACHED.
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Massachusetts Department of Environmental Protection Provided by Mas DEP:
Bureau of Resource Protection-Wetlands MwDEP File#:242-1571
eDEP518273
WPA Form 5-Order of Conditions Cayf owT.nNORTsaction#:ANDD
Ciry/1'osm:NOR17iRNDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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Massachusetts Department of Environmental Protection Provided byMassDEP:
LO
Bureau ofResoumz Protection-Wetlands MaMDEPFikq:242-1571
MTA Form 5-Order of Conditions eDEP Transaction#:518273
Massachusetts Wetlands Protection Act N.G.L.c. 131,§40 Qtyffown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Cifirticivation Co issi lim ( he k one that a gil'ol.,
a. r DENIES theproposed work which cakmotbe cendifioned to
maArtre standards setfonh in amunicipal ordinance or bylaw
,posy.
1.hhmicipal OrdinanceorBylaw 2.Citation
Therefore,work on this project may nmgoforward unless and unfit arevisedNotice ofintentis submitted which provides
measures which are adequate mmeet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal orclmance m bylaw:
b.
F APPROVES the proposed work,subject tothe following
additional conditions
1.1viunici OnazkceorB law NORTHANDOVEt
1� rdiY WECLANDSBYLAW 2.Citation CHAPTER 178
3. The Commission orders that all Workshat be performed in accordance with the following conditions and with the Notice of
Intentmferemed above.To the aerntdatthe following conditions modify or differfromtheplens,specifications,or other
proposals submitted with the Notice of intent,the conditions shall cannot.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1571
WPA Form 5-Order of Conditions eDEP Trmsacfiom#:518273
,1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
E. Signatures
This Order is vahrifortiva years form the data ofissuence,unless otherwise spceified
pasuantto General Coalition#4.Ifthis is an Amended Order ofConditiom,the Amended I.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate thenumberofinembers who will signthisfonn.This Ordermustbesignedby 2Number fSi
amajorityofthe Conservation Commission. gners
The Watanabe mailed by certified mail(retunreceiptrequeled)or hand delivered to the applicant A copy also must be mailed
mhand delivered at the same time lathe appropciateDeparmentofFirvironmenml Protection Regional Office,ifnm fling
electronically,mdihepmpertyowner,ifdifferentfmm apphcatn
Signatures;
e- P -2
1pby hand delivery on r by ce 'fied mail,return receipt requested,on
��lielfa
Date
Date
F. Appeals
The applicant,the owner,mypersan aggrieved by this Order,any owner ofland shoaling the land subject mthis Order,or any tar
residents ofthe city or town in which such lend is located,are hereby notified ofthehright W request the appropriate MaMDEP
Regional Of ice to issue a Superseding Order ofCondiflons.The request most be made by certined mail or herd delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Amon Fee Transmittal Foran,as provided in
310 CMR 10.03(7)within ten business days from the date ofissu once oftlds Order.Acopy ofthe request shall at the same time be
said by certified mail or hand delivery to the Cmrsrnetlon Commission and to the applicant ifhe'she is not the appellant.
Any appellants seelang to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prim
participation in the review of this project Previous participation in the permit proce W ing means the submission of writlen information to
the Conservation Commission pricato the close ofthe public hearing,requesting a superseding Order,inproviding written information
to the Department prim 0 issuance of a superseding Order.
The request shall state cloudy and cencise"e,objections to the Order which is being appealed and how the Order does not
contribute to the protation ofthe interests identified in theMassachusens Wetlands Protection Act(M.G.L.a 131,§401 and is
inoonsis[emwith the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Weuvnds Protection Act crregulafions,the Department has no appellmejurisdiction.
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0 Massachusetts Department of Environmental Protection Provided by MessDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1571
WPA Form 5-Order of Conditions eDEP Transwfion#:518273
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfrownNORTH ANDOVER
G. Recording Information
Ibis Order ofCmditions most be recorded in the Registry ofDceds or the Land Cour for the district in which the land tslocated,
within the chain oftide ofthe affected property.In the case ofmcmded land,the Final Order shall also be noted in the Regishy�
Grantor Index under the name ofthe owner ofthe had subject to the Order.In the caseofregistered land,this Order shall also be
noted on the Lend Court Certificate ofTNe ofthe owner ofthe land subject to the Order of Conditions.The recording information on
dos page shall be submitted to theConservatim Commission listed below.
NORTH ANDOVER
ConservatimCmmdssion
Detach on dosed line,have stamped by the Registry ofDeeds and submitto the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project et:
49 ORCHARD HB.L ROAD-AAA 242-1571
Project Location MassDEPFilebtumber
Has been recorded at the Registry of IkW s of.
County Book Page
for.
Property Owner R STEPHENMANTY
and has been noted in the chain oftide ofthe affectod property in:
Book Page
N accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is
hnetrmreat Number
If registered land,the document number identifying this transaction is:
DocvmentNumber
Signature ofAppllcant rte.antero
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Operation&Maintenance Plan—Stormwater Detention Basin
AAA Facility,49 Orchard Hill Road,Map 34,Parcel 8,North Andover, MA
The proposed Operation&Maintenance Plan for the existing stormwater detention basin
located within the AAA Facility,49 Orchard Hill Road,Map 34,Parcel 8,North
Andover,MA, includes the following.
1. Bi-annual inspections of all piping/culverts associated with the stormwater
detention basin for any build-up of sediments. Review of all culverts associated
with the detention basin for any blockage of flow,and cleaning out of all culverts.
Cleaning out of all piping and culverts if necessary,especially after the winter
season/wet season,with sanding activities associated with winter storm events,
and icing conditions. Cleaning out of the outlet structure culvert and drainage
flow area from any fallen tree limbs and/or trees,which would block the flow of
water,out of the outlet control structure,and the stormwater detention basin. Bi-
annual site inspections will be done prior to the wet season during the month of
November,and after the wet season during the month of May.
2. Bi-annual inspections of the stormwater detention basin for any above normal
amounts of sedimentation build-up within the bottom of the basin,resulting in
loss of storage capacity within the detention basin. Removal of above normal
amounts of sedimentation build-up within the bottom of the basin. Inspection of
the stormwater detention basin for excess leaf matter during the month of
November, and the removal of excess leaf matter from within the detention basin,
and at the outlet control structure.
3. Bi-annual cleaning of debris and trash from the stormwater detention basin.
4. Annual review of side slopes of the stormwater detention basin for any erosion
areas. Replanting of any existing erosion areas with conservation grass mixture,
in order to stablilize the soil conditions of the side slopes of the detention basin.
5. Annual inspections for invasive plant species within the stormwater detention
basin, and the removal of any invasive plant species found within the stormwater
detention basin.
6. Annual cutting and/or mowing of stormwater detention basin,in order to prevent
the growth of woody vegetation within the detention basin.
DEP FILE#242- 1571
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 mgft or differ from the p1m,s ecifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes:maintenance and cleaning of an existing stormwater
detention basin within the 100-foot Buffer Zone to Bordering Vegetated Wetland. An
Operation&Maintenance Plan for future maintenance of the drainage system is
included.
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: R.Stephen Manty
AAA Southern New England
110 Royal Little Drive
Providence,RI 02904-1863
Notice of Intent filed by: Paul Shea
Independent Environmental Consultants,Inc.
162 West Long Pond Road
Plymouth,MA 02360
Received: October 12,2012
Site Plans prepared by: Frank S.Giles II,Titled: Existing Conditions,Triple Consulting AAA Site
Date: April 8,1998
Revisions:September 24,2012
Sheets 1 of 1
Stamped by:Frank S.Giles,P.H.
Other Record Documents: Operation&Maintenance Plan-Stormwater
Detention Basin
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.
7ab1571.49 Orchud Hill Road 1 NACC 11/152012
i
4
I
DEP FILE#242- 1571
32.The following wetland resource area is affected by the proposed work:Buffer Zone to
Bordering Vegetated Wetland (BVD). 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 these resource areas to the
identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25')No-
Disturbance Zone and a fifty foot(5(Y)No-Construction Zone shall be established
from the edge of the adjacent wetland resource area except as shown as shown on the
record plan referenced herein.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 6 Appendix F of the local Regulations).
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.
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
ru,Cc 11n5/2012
DEP FILE#242-1571
44.Erosion control to be approved by the Conservation Department shall be placed
between the proposed work and wetlands. The erosion control barrier will be
properly installed and placed as close to the proposed work as possible and no closer
than the at the outlet of the detention basin.The erosion control 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.
itions on portions of The NACC reserves the right to hPh could result from it erosion,orr any noticeable
project to mitigate any impe additional cond
from the site. For example,
degradation of surface water quality dischargmg
installation of erosion control)referenced in this order'measures may be required in areas not shown on the
of Conditions.
be required
the NShould
ACC,they shall be installed within 48 hours ofthe Commiss ono s request. by
45.The applicant shall have on hand at the start of any soil distrbance bales removal an
or
stockpiling,ten(10) hay bales and sufficient stakes for staking
theshay
to equal 3 feet of fence
bales shall be used only for the ontrolOfeem g ncyent amount Of silt fence,1 eroi on problrems and sfilter hall not
be used for the normal control of erosion.
46.A check payable to the Town of North Andover shall be provided in the amount of
$1,000 which shall be m 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
and
parties satisfactory to the NACC,vided that provisions, satisfactory to the NAl be releasedCC,have
completion of the project,p
been made for performance of any conditions
n dis o° which e keyed to continuing
t nature
u specific
applicant may propose a monetary
portions of the project for the NACC s review and approval. This condition is issued
under the authority of the local ByLaw.
47.The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control
tio°rrpof overase
any emergency placement of controls and regular inapreplacement
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that h is penson s o d, 'including
has to be
contacted,due to an emergency at the site,during y
weekends. Proof of the retained monitor must be submitted to the Cons
$ be given
rvation
Department on letterhead by the retained consulting firm. This person
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
DEP FILE#242- 1571
51. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent,the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.The detention basin shall be
restored to design conditions(depth and volume).
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,unless specifically approved in writing by the
Commission.
53.Water quality in down gradient BV W' s shall not differ significantly following
completion of the project from the pre-development conditions. es or surre face be
no
sedimentation into wetlands or water bodies from dischargepipes
leaving the site.
54.All stormwater best management practices shall be continually maintained as
specified in the Operation and Maintenance Plan and incorporated in the Order of
Conditions. The approved Operation&Maintenance Plan is fully binding upon the
applicant and/or owners,successors, agents,associations,heirs and assigns and must
be adhered to in perpetuity.Maintenance of the storinwater management system shall
be conducted on an annual basis by a Registered Professional Civil Engineer.
Maintenance bills submitted by cleaning contractors(catch basins, storcncepters,etc.)
shall be maintained with annual engineering reports. A log/proof of annual
maintenance activities as required by the Operation&Maintenance Plan shall be
maintained for not less than the prior 5 year period.The NACC reserves the right to
request documentation of maintenance activities for purposes of verification of this
Order.
55.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,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
56. Upon beginning work,the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas,and what work is
anticipated to be done over the next period.This will update the construction
sequence.Reports shall be submitted in as part of the weekly environmental
monitoring report(see Condition#48).
7 NACC/1/152012
DEP FILE#242- 1571
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 Town s Wetland protection ByLaw.
69. 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 Town s Wetland Protection ByLaw and
shall remain in perpetuity.
70.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
71. 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.
72. 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.
73.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 Foran 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
DEP FILE#242-1571
APPENDDC A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCIQ
1— I son 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.
&I-
2. Iamthe of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions,
&
4. I hereby affirm and acknowledge that on this day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
• S
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, Provildedded 0 242by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer,use R. Stephen Manty, AAA Southern New England
only the tab key Name
to move yourcur110 Royal Little Road
use theor-return 9 do not Mailing Address
use the
key.
II Providence RI 02904-1863
S
_lelClty/rown State Zip Code
2.
r This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
R. Stephen Manry, AAA Southern New England
Name
November 15, 2012 242-1571
Dated DEP File Number
3. The project site is located at:
49 Orchard Hill Road North Andover
Street Addrew Ciry/rmn
Map 34 Parcel 8
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(it tlgrerent)
Northern Essex 13245 125
Counly Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent,
on:
11/15/13
Data
wpNmdb.Ex•rev.1923N3 WPA Fmm Ba.Gutf la of Comp-1.-Page 1 03
z
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1571
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pravded by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
75
C. Authorization
Issued by:
North Andover
Consenatum CommissionDace of I suance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http�//www.mass.00videp,-/�abouttrealon/findvourhtm).
Signatures:
xgahmee Ja•rer.1M. MA Fon ea CmflU &C
mquro•Fpaz 03
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, cc4�0 2rmided 1
Y� Provitletl by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
fol -----------
._._._._._._.-
._._._._._._._.-----
._._.---------------*
........................._._._._._._._._._._.-----_.--------
North
._._._.North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
49 Orchard Hill Road 242-1571
Project Location DEP Fib Number
Has been recorded at the Registry of Deeds of.
Northern Essex
county
for:
R. Stephen Manty AAA Southern New England
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
upahmBEtlOc rev,1Y1.
WPA Form 8B,Cml..Ccrtpl. •Ppr3d3