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HomeMy WebLinkAboutHINGORANI, PRIBHU � ppRT►.r r Op t0. p 9SSAGHUS{ CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS Berry Street, Lots 1N-A, 2N-A, 3N-A and 4N-A, North Andover At the February 17,2010 public hearing the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1407, 1408,1409 & 1410. The Modification shall conform to the plans and documents referenced below. Applicant: One Hundred Fourteen Trust Pribhu Hingorani Tewksbury,MA 01876 Record Plans: Proposed Houses&Associated Utilities Lots 1N-A Thru 4N-A North Andover,Mass. Revision Date: 2/13/2010 (2 sheets -markup of plans dated 9/26/07 and Oct 02,2007) Other Record Documents: Letter from P. L. Hingorani Re: DEP File#s 242-1410, 1409, 1408& 1407 Orders of Conditions Request for a modification Dated: February 3,2010Letter from P.L. Hingorani Letter from P.L. Hingorani Re: DEP File#s 242-1410,1409, 1408 & 1407 Request for a modification-Actual houses are smaller than the OOC approval Including revised house footprint plans for Lot 1, Lot 2,and Lot 3 Dated 2/11/10 Letter Dated: February 12 2010 Email from Eve Schluter 1600 Osgood Street,Building 20,Suite 2-36,North Andover,J assachusett's 01845 Phone 978.688.9530 Fax 978.688.9542 \Vcb:http://www,to�vnofnorthandover.com/Pages/NAndoverNL),-Conservation/index S Ik Subject: DEP # 242-1410, 1409, 1408, & 1407;NHESP File No. 07- 21329 Approved Modifications ❖ No new sewer line is to be constructed. r - P oposed houses on lots 1N A,2N A and 3N-A will connect o an existing 2-inch force main in Berry Street in accordance with the herein referenced plans. ❖ House footprints shall be reduced as depicted in plans (3 sheets-dated 2-11-10) which accompany the herein referenced letter dated February 12, 2010. ❖ Access to construct the replication and wildlife enhancement area shall be allowed through the 25-foot No-Disturb Zone on lot 1N-A as depicted on the herein referenced modification plan. Restoration of the 25-foot NDZ is required. ❖ The applicant shall submit formal revised plans depicting the approved modifications when foundations for Lots 1, 2, and 3 have been installedand foundation_as-builts are submitted as required by condition #55 (DEP File# 242-1408), #54(DEP File # 242-1409) and condition #53 (DEP File # 242-1410).The plan should also be revised under DEP File #242-1407. 1600 Osgood Street,Building 20,Shite 2-36,North Andover,TMassachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townoftiorthandover.com/Pages/N AndoverMd_Consenvation/index pORT#1 O�tt1,E0 ,bq/rO CH CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: &;Aa f-Lgn e,4m (6weAv1d,- W f-gr 1 -r / TdWA� j A14 4 i 1000 4141 as a Modification to the Order of Conditions issued in File-242-/,/o-7 datedand 'recorded in Book#-11'6 qV and page /3—<— a-/L/OP Issued by the NORTH ANDOVER CONSERVATION COMMISSION: f Ir �nthis /y of -�Vh9 before me personally appeared John Mabon to me day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public DONNA K WNW L IF 0MOMWEXWOFMIIB$NCnUS M I�0=K E*0J*16.2018 1111 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands SEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Pribhu Hingorani One Hundred Fourteen Trust use the return a.First Name b.Last Name c.Company key. 51 Mount Joy Drive d.Mailing Address Tewksbury MA 01876 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: Lot 3N-A Berry Street North Andover a.Street Address b.City/Town Map 106D Parcel 44 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and longitude, if known (note:- 42-38-05 71-04 20 electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 10184 279 c. Book d.Page 7. Dates: 7/24/07 10/10/07 10/31/07 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Houses Plan a. Plan Title Patrick C. Garner Company, Inc. Patrick C. Garner, P. L. S. b. Prepared By c.Signed and Stamped by 9/26/07(sheet 1); 10/2/07(sheet 2) 1 t=40' d. Final Revision Date e.Scale See attached f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 [ 'LJ\ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I B. Findings s 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice`of Intent and based on the information provided in this application and presented at the public hearing,this Commissionfinds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. Z Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to ® the following conditions which are necessary in accordance with the°performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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 in the Wetlands Protection Acta 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 Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area impacts Check all that apply below. (For Approvals Only) ❑ Buffer Zone impacts:Shortest distance between limit of project disturbance and wetland boundaryif available)) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a,square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged, f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP'File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement s. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts:Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.cly nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3!1105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the 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 three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain 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 of any of the foregoing. 7. This 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. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number .242-1408 aform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- Order of Conditions 242-1408Ll - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shallbea party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate . of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body.During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. '131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. 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. If space need more c. The special conditions relating to municipal ordinance or law areas follows: space for p g p y additional conditions, See attached select box to attach a text document wpafonn5.doc• rev.3/1/05 Page 6 of 9 DEP FILE#242 -1408 PROJECT OVERVIEW: The applicant, One Hundred Fourteen Trust, filed a Notice of Intent and supporting site plans with the North Andover Conservation Department on July 24,2007 for the construction of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing"activities within the buffer zone to a BorderingVegetated Wetland (BVW). In addition the project site lies entirely within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). An ORAD was issued on May 25, 2006 for the jurisdictional wetland resource areas within the subject site (242-1350). The Notice of Intent for the aforementioned work was submitted as part of a comprehensive permit application filed with the Zoning Board of Appeals (ZBA), pursuant to G.L c. 40B, to construct an affordable housing project at the property located off Turnpike Street to be called "Merrimac Condominiums" (the "Development"). Pursuant to this statute, the applicant originally proposed to construct ninety-five (95) condominium dwelling units. As proposed, the development would be located on a site of approximately 14.77 +/- acres of land being Map 106D, Lots 63, 75, 74, and 44 to be re-divided into 4 parcels, Lot 4N-A consisting of 10.8 acres of land with frontage on Turnpike Street (Rt. 114), Lot 1N-A consisting of 1.9 acres of land with frontage on Berry Street, Lot 2N-A consisting of 1.0 acres of land with frontage on Berry street, and lot 3N-A consisting of 1.0 acres of land also with frontage on Berry Street. Since the applicant's original proposal to construct ninety-five (95) units, the applicant had reduced the number of units to fifty-two (52) homeownership dwelling units, consisting of three (3) single-family homes and forty-nine- (49) condominium units, with associated infrastructure and improvements during the ZBA public meetings. The applicant filed this Notice of Intent for the construction of a single-family dwelling, with the North Andover Conservation Commission (NACC) concurrently with three (3) additional Notice of Intent applications for two (2) additional single-family dwellings on Berry Street (242-1409, 242-1410) and sewer and water line installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas (242-1407)pursuant to the Wetland Protection Act (WPA) only as the applicant believed that the ZBA would exempt the filing applications from the North Andover Wetlands Protection Bylaw, pursuant to the 40B statute. A Notice of Intent filing is required for the multifamily unit component of the comprehensive permit, but was not filed with the NACC with the aforementioned applications, nor has this application been received as of the date of the issuance of this decision. The applicant is fully aware that a separate Notice of Intent is required for the multi-family component of the project and will be submitting this filing to the NACC in the near future. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on August 8,2007 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of August 22,September 12,September 26, and C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc T NACC 10/31/2007 DEP FILE#242 -1408 October 10, 2007 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. At the initial publichearing of August 8, 2007, the NACC expressed significant concern with the utility project as proposed indicating that the utility plan had significant resource area impacts to resource areas that they were not aware of during previous participations with the ZBA at the public hearings- and during a subcommittee meeting formed at the applicant's request prior to the Notice of Intent filing. The NACC questioned whether the ZBA was aware of the plan and the associated additional impacts proposed. The NACC requested that the applicant seek alternatives for the installation of the;utilities. Specifically, the NACC suggested contacting the Department of Public Works (DPW) to discuss connecting to Town Sewer from Turnpike Street. Further, the NACC requested that the applicant obtain the necessary approvals prior to further review and discussion. The NACC asserted that without the ZBA's decision on the accepted bylaw waivers,they could not move forward with further discussion. A revised letter from the Natural Heritage Endangered Species Program (NHESP) was also requested at that time. Limited discussion was held at the public meeting of August 22, 2007 since the ZBA. remained in deliberation and discussion of a final decision. However, the applicant presented revised plans to the NACC eliminating the wetland crossings and associated impacts. All impacts to BVW, Bank and LUWB indicated in the original NOI submission would not occur and was no longer proposed. The project as originally proposed also generated several comments from the Department of Environmental Protection (DEP). The applicant asserts in the letter dated August 27, 2007 that DEP comments no longer apply, based upon the revisions. At the Commissions suggestion, the applicant contacted Town DPW to discuss installation of a gravity sewer at the existing Turnpike Street manhole to traverse along Berry Street. The applicant stated that Town DPW was supportive of this proposal and therefore,plans were revised to incorporate this change. The proposed upland restoration areas were not revised as a result of the change in utility installation. At the public hearing of September 12,2007,the applicant had requested a continuance to the meeting of September 26, 2007 with the request to hold a subcommittee meeting to discuss plan revisions as it related to the ZBA decision, waivers, and associated conditions granted the by the ZBA the previous night, September 11, 2007. The NACC unanimously voted to continue the public hearing to September 26, 2007. Former subcommittee members Joseph Lynch and Louis Napoli stated that they would consider reconvening the subcommittee at the applicant's request. At the public hearing of September 26, 2007 `the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together, Joe Lynch explained that the subcommittee met, as requested by the applicant, on October 1, 2007 to discuss appropriate wetland mitigation within the entire 14.77 +/- acre parcel. Mr. Lynch presented a discussion to the other Commission members explaining that the applicant had requested and the ZBA had granted several waivers to the local Wetlands Protection Bylaw regulations (refer to ZBA decision dated September 11, 2007 and Exhibit A for final waivers granted), including a waiver of section 6.1, which requires a 2:1 compensation of wetland replication. C:\Winword\OOC\242-1408\Lot3N-ABenySt.doc 2 NACC 10/31/2007 DEP FILE #242 -1408 Mr. Lynch further explained that the applicant proposes to fill an Isolated Vegetated Wetland (IVW) of 18,750 s.f. in size jurisdictional under the local bylaw only in order to construct two 2 of the proposed single-family homes on Berry Street which the ZBA anted with a ( ) P P g Y ry g�' condition in their final decision stating that final plans would show replication/compensation as recommended by the North Andover Conservation Commission. Mr. Lynch and Mr. Napoli stated that they were able to negotiate mitigation areas, which they considered acceptable, consisting of almost 1:1 wetland replication and additional upland restoration to total more than 2:1 compensation of both wetlandand upland mitigation. The subcommittee found that the uplands on this particular site were just as valuable, if not more so, due to the existence of rare species habitat. Mr. Lynch stated that this finding was also asserted and supported by the NHESP. Lastly,Mr. Lynch stated that as a result of the additional replication areas proposed on Lot 2N-A and Lot 3N-A, of which the single-family homes are proposed, the 25 foot No-Disturbance zone (previously proposed by the applicant in good faith to comply with this section of the bylaw for these single-family house lots) would be lost because the buffer zone would be pushed further up to align with the replicated BVW boundary. The applicant however, proposed to maintain a 50-foot No- Build zone on the lots and construct a fieldstone boulder wall just upgradient to and along the replication area. The NACC agreed with the proposed revisions. Further discussion was generated on the future of these single-family house lots, specifically whether the NACC could enforce the local Bylaw, and other associated administrative concerns relative to the project as a part of the comprehensive permit application. The NACC voted to continue to the meeting of October 10, 2007 for revised plans and an additional letter from NHESP stating that the discussed revisions were an acceptable change. At the public hearing of October 10, 2007, the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Revised plans for the replication areas were submitted as well as a revised letter from NHESP stating that the revisions were acceptable. The NHESP letter included conditions to be met by the applicant prior to construction activities for all four (4) project filings submitted. A discussion was held between the NACC and the applicant's attorney, Don Borenstein, as to the difference between a Declaration of Restriction required by NHESP and a typical Conservation Restriction. Don Borenstein indicated that the two were essentially identical except that a Declaration Restriction did not have to be approved by the state as required under the typical Conservation Restriction. The NACC indicated that they would require a Conservation Restriction approved by the state during construction activities in addition to the Declaration Restriction as required by NHESP. Subsequently, the NACC voted to close and issue a decision within 21 days at the public hearing (Sean McDonough abstained) of October 10, 2007. At the October 24, 2007 public meeting,a decision of approval was rendered (6-0-1). C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 3 NACC 10/31/2007 DEP FILE# 242 -1408 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 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 18. 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. 19. This Order does not grantany property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), and 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. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order 23. 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. 24. 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. C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 4 NACC 10/31/2007 DEP FILE#242 -1408 25. This Order is issued under File No. 242-1408. The utility installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas associated with this lot are approved under 242-1407. 26. 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. 27. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals. These reviews, permits and approvals may include but are not limited to the following: • Review by the U.S. Army Corps of Engineers for any Category 2 or Individual Permit Activity, and procurement of any permits or approvals identified by the Corps. • Review by the DEP and procurement of any permits or approvals identified by the DEP. • Review by the Massachusetts Natural Heritage and Endangered Species Program for any projects within estimated and/or priority habitat and any permits or approvals identifiedby the Program. • Review by local planning boards, boards of health, zoning boards, and building inspectors, and procurement of any permits or approvals required by these boards or agencies. 28. 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. 29. The proposed work includes: The construction of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing activities within the buffer zone to a Bordering Vegetated Wetland (BVW). Work also includes the filling of a portion of an IVW, jurisdictional under the Bylaw only. The NACC finds that the filling of the IVW shall be allowed in accordance with the Zoning Board of Appeals comprehensive permit decision referenced herein and as a result of the significant amount of wetland replication and upland restoration efforts proposed by I the applicant(242-1407). The project site is also located within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). The proposed single-family dwelling and associated site activities are associated with a comprehensive permit application approved by the Zoning Board of Appeals, in which the affordable multi-family housing units proposed on Lot 4N-A have not been submitted to the NACC for review or approval at C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc' 5 NACC 10/31/2007 DEP FILE#242 -1408 the time of the issuance of this Order. The applicant acknowledges that an additional Notice of Intent application is required for the additional work associated with the multi-family component of the comprehensive permit. Sewer and water line installation along Berry Street, wetland replication.areas and upland wildlife habitat enhancement areas proposed on this lot are approved under a separate filing(242-1407). 30. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: One Hundred Fourteen Trust(Applicant) C/o Pribhu Hingorani 51'Mount Joy Drive Tewksbury, MA 01876 Received Date July 24,2007 with revision Notice of Intent letter dated August 27,2007 Prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough, MA 01532 Site Plans prepared by: Patrick C.Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Entitled: "Proposed Houses &Assoc. Utilities Lots 1N-A Thru 3N- A North Andover, MA", consisting of sheets 1 and 2. dated July 10, 2007. Sheet 1 last revised September 26, 2007. Sheet 2 last revised October 2, 2007. Stamped & Signed by Patrick C. Garner,R.P.L.S. Other Record Documents: Division' of Fisheries & Wildlife Natural Heritage Endangered Species letter dated August 17,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated October 10,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species clarification e-mail dated October 18, 2007; Other Documents by Reference: Zoning Board of Appeals Comprehensive Permit Decision, which includes Exhibit A and B, dated September 11,2007. C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 6 NACC 10/31/2007 DEP FILE #242 -1408 31. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein and as previously approved under 242-1350 (ORAD). 33. 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 fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent replicated wetland resource area. The NACC finds that this regulation under the Bylaw shall apply to any future work activities on this lot. 34. 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, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order,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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. The NACC finds the applicant`s proposal for 13,100 s.f. of wetland replication to be adequate (lots 2N-A & 3N-A only). The replication areas shall be constructed prior to other construction activity onsite and this sequence shall be reflected in the construction sequence. Wetland replication areas shall be constructed first and in accordance with the conditions set forth in 242-1407. 37. 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. C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 7 NACC 10/31/2007 DEP FILE#242 -1408 PRIOR TO CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. No work shall commence on this lot until associated utilities within Berry Street have been installed and all wetland replication areas have been constructed in accordance with the conditions set forth in 242-1407. 40. Prior to construction and in accordance with Natural Heritage Endangered Species Program (NHESP) MESA requirements, the applicant shall adhere to the following conditions: • A recordable plan, based on the approved project plans referenced herein, showing the boundaries of the open space on Lots 1N-A, 2N-A, 3N-A, and 4N-A, a monumentation and signage scheme, an accurate tree line for the entire site, clear limits of work, and the areas to be restored to forested upland shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval. • A revised plan showing the limits of the "play area' on Lot 4N-A to be demarcated by a fence shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • Documentation, including a detailed description and photographs, on the current forested status of the upland area adjacent to the "play area" and vernal pool (Lot 4N- A) for NHESP review. Upon review of this information, the NHESP will determine if this area shall be included in a revised restoration plan. The approved information shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • More detail shall on the submitted planting plan, including information on a monitoring and watering pian for the areas to be restored, must be provided to the NHESP for review and written approval. The NHESP strongly suggests that the applicant consult with the NHESP concerning the details of said plans prior to submission. • A Declaration of Restriction for the property restricting the open space areason Lots 1N-A, 2N-A, 3N-A, and 4N-A must be provided to and approved by the NHESP. The NHESP will provide draft language of the Declaration of Restriction for review. Please note that should any of the lots be conveyed to another party,the Deeds on said properties shall reference the language in the Declaration of Restriction. Additionally, C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 8 NACC 10/31/2007 DEP FILE#242-1408 proof of recording of the Declaration of Restriction must be provided to the NHESP and the NACC respectively prior to the commencement of any work. If it is not possible to comply with the conditions stated above, or if project plans change, the applicant must contact the NHESP and the NACC concurrently prior to the commencement of any work. 41. 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. 42. 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 242-1408. 43. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on aproject until written approval has been granted by the NACC. 44. 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. 45. Prior to any work commencing on site, the applicant shall submit to the NACC for review and approval, a detailed sequence of construction, including a dated timetable of construction, installation of sedimentation/erosion control devices, the installation C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 9 NACC 10/31/2007 DEP FILE #242 -1408 of the well/sewer tie-in, and the construction of the fieldstone wall before other work begins on-site. 46. Prior to any work commencing on site, the applicant shall submit to the NACC for review and approval, a plan which shows an extension of the fieldstone wall to the eastern property boundary. 47.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 stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other flagging used on the site. 48. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil.disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. 50. A check payable to the Town of North Andover shall be provided in the amount of $3,000 shall be provided to the Town of North Andover, 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, C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 10 NACC 10/31/2007 DEP FILE #242 -1408 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. 51. Prior to the construction of the single family dwelling, the corners of the foundation and associated deck shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. 52. The applicant shall designate a Qualified Professional Wetland Scientist 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. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 53. 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 herein) 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. 54. 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, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting(e.g. 72 hours). C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 11 NACC 10/31/2007 DEP FILE #242 -1408 i DURING CONSTRUCTION 55. IMPORTANT: Immediately upon completion-of the dwelling foundation,and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation locations and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Department for review and approval. 56. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 57. Upon beginning work, the applicant shall submit written progress reports every week 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. 58. A crushed stone construction entrance shall be designated at the lots construction entrance to minimize soil/material tracking onto Berry Street. This entrance shall be ' reinforced as necessary. Berry Street shall be cleaned/swept on a regular basis,as directed by the Erosion Control Monitor and/or the Conservation Department, should materials enter Berry Street. 59. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. 60. A 2-foot minimum dry laid fieldstone wall shall be constructedas revised and in accordance with the wall detail No portion of said wall shall extend beyond the 25-foot No Disturbance Zone. 61. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report 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 applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 62. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the C:\Winword\OOC\242-1408\Lot3N-ABer7ySt.doc 12 NACC 10/31/2007 . DEP FILE# 242 -1408 close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 63. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's areadequately functioning. 64. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. 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. 65. 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. 66. 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 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. 67. 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. 68. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 69. There shall be no stockpiling of soil or other materials beyond the limit of work. 70. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 71. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. c: \OOC\2 \Winword 4 2 1408\L.ot3N-ABerryC 0 St.doc 13 `NA C 1 /31/2007 DEP FILE# 242 -1408 72. 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 73. 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,shall run with the title of the property and shall remain in perpetuity. 74. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 75. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition shall remain in perpetuity. 76. Upon completion of construction, the applicant shall permanently mark the edge of disturbance (along the stone wall) with eight (8) signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 77. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding in accordance with NRCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 78. 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. C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 14 NACC 10/31/2007 DEP FILE #242 -1408 79. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the property owner,shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions and the Order of Conditions relative to the Wetland replication area associated with the lot (242-1407) prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools,retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of wetland replication and upland restoration areas. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doe 15 NACC 10/31/2007 DEP FILE#242 -1408 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project ➢ A 50' No-Construction Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVVI) resource area. Future work within 100 feet of resource areas will require a separate filing. The NACC finds that this Bylaw regulation shall apply to any future work activities on this lot (Condition#33); ➢ Discharge or spillage of pollutants (Condition#72); ➢ Prohibition of underground fuels (Condition#73); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #74); ➢ Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site(Condition#75). C:\Winword\OOC\242-1408\Lot3N-ABerrySt.d6c 16 NACC 10/31/2007 DEP FILE#242-1408 APPENDIX A-AFFIDAVIT � I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1408\Lot3N-ABerrySt.doc 17 NACC 10/31/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years,unless otherwise specified as a special 10131k7 condition pursuant to General Conditions#4, from the date of issuance. T.Date of suafice Please indicate the number of members who will sign this form: 6 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ----------- q V V YV taryAcknowledgement Commonwealth of Massachusetts County of Essex North aye`' 0(4obr� � o On this Day Of Month Year Before me,the undersigned Notary Public, Sc y4f tfa-.'Ss�- personally appeared Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE NOTARY PUBLIC Signature of NotaryPublic 40, lTH tiF SEA , tETTS +/7/Jr4 0��yA/120(1'9.+ xphmi A Printed Nam of Notary Public Place notary seal and/or any stamp above My Com ssio xpires(Date) This Order is issued to the applicant as follows: by hand delivery on ❑ by certified mail, return receipt requested,on 1©%3�,? Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 LAMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L.c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. %paf0rM5.dac• rev.311105 Pageg of 9 LAIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1408 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Repording Information This Order of Conditions must be recorded it 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 subject to the Order. In the case of registered land,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 Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - ------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 3N-A BerryStreet 242-1408 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc- rev.3/1/05 Page 9 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): 1Z Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Pribhu Hingorani One Hundred Fourteen Trust use the return a. First Name b.Last Name c.Company key. 51 Mount Joy Drive d. Mailing Address Tewksbury MA 01876 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company; d. Mailing Address e. City/Town f. State g.Zip Code 5. Project Location: Lot 4N-A Turnpike/Berry Street North Andover a. Street Address b.City/Town Map 106D Parcel 63 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42-38-05 71-04-20 electronic filers will click for GIS locator): e. Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a. County b.Certificate(if registered land) 4158 216 c. Book d.Page 7/24/07 10/10/07 10/31/07 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Proposed Houses &Assoc. Utilities Lots 1 N-A thru 4N-A North Andover, MA a. Plan Title Patrick C. Garner Company, Inc. Patrick C. Garner, P. L. S. b. Prepared By c.Signed and Stamped by 9/26/07(sheet 1); 10/2/07 (sheet 2) V=40' d. Final Revision Date e.Scale See attached f.AdditionalPlan or Document Title g.Date . T 11,050.00 $512.50 $537.50 Total WrA FCC rale. a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations,,This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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 in the Wetlands Protection Act. 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 Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.311!05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft Within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet a.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.cty nourishmt. d.c(y noudshmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.c/ynourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks; inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpeform5.tloc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the 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 three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain 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 of any of the foregoing. 7. This 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. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then twosquarefeet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, WA DEP"] "File Number 242-1407 " wpaform5.doc• rev.311105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands 'Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 L1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. 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. If spat need more c. The special conditions relating tomunici al ordinance or law are as follows: space for p 9 p y additional conditions, See attached select box to attach a text document wpaformEdoc• rev.3/1/05 Page 6 of 9 DEP FILE# 242 -1407 PROJECT OVERVIEW: The applicant, One Hundred Fourteen Trust, filed a Notice of Intent and supporting site plans with the North Andover Conservation Department on July 24,2007 for the installation of sewer and water utilities to service three (3) single-family house lots on Berry Street and 26,500 s.f. of an upland/buffer zone wildlife enhancement area. The sewer and water utilities were proposed to impact 2,605 s.f. of impact over three (3) wetland areas and an intermittent stream. In addition to the wetland resource areas impacted as a result of the proposed utility installation reviewed under this project filing, the project site lies entirely within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). An ORAD was issued on May 25, 2006 for the jurisdictional wetland resource areas within the subject site (242-1350). The Notice of Intent for the aforementioned work was submitted as part of a comprehensive permit application filed with the Zoning Board of Appeals (ZBA), pursuant to G.L c. 40B, to construct an affordable housing project at the property located off Turnpike Street to be called "Merrimac Condominiums' (the "Development"). Pursuant to this statute, the applicant originally proposed to construct ninety-five (95) condominium dwelling units. As proposed, the development would be located on a site of approximately 14.77 +/- acres of land being Map 106D, Lots 63, 75, 74, and 44 to be re-divided into 4 parcels, Lot 4N-A consisting of 10.8 acres of land with frontage on Turnpike Street (Rt. 114), Lot 1N-A consisting of 1.9 acres of land with frontage on Berry Street, Lot 2N-A consisting of 1.0 acres of land with frontage on Berry street, and lot 3N-A consisting of 1.0 acres of land also with frontage on Berry Street. Since the applicant's original proposal to construct ninety-five (95) units, the applicant had reduced the number of units to fifty-two (52) homeownership dwelling units, consisting of three (3) single-family homes and forty-nine (49) condominium units, with associated infrastructure and improvements during the ZBA public meetings. The applicant filed this Notice of Intent for the installation of utilities with the North Andover Conservation Commission (NACC) concurrently with three (3) additional Notice of Intent applications for the proposed single-family dwellings on Berry Street (242-1408, 242- 1409, and 242-1410) pursuant to the Wetland Protection Act (WPA) only as the applicant believed that the ZBA would exempt the filing applications from the North Andover Wetlands Protection Bylaw, pursuant to the 40B statute. A Notice of Intent filing is required for the multifamily unit component of the comprehensive permit, but was not filed with the NACC with the aforementioned applications, nor has this application been received as of the date of the issuance of this decision. The applicant is fully aware that a separate Notice of Intent is required for the multi-family component of the project and will be submitting this filing to the NACC in the near future. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on August 8, 2007 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of August 22,September 12,September 26,and C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 1 NACC 10/31/2007 DEP FILE #242 -1407 October 10, 2007 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. At the initial public hearing of August 8, 2007, the NACC expressed significant concern with the utility project as proposed indicating that the utility plan had significant resource area impacts to resource areas that they were not aware of during previous participations with the ZBA at the public hearings and during a subcommittee meeting formed at the applicant's request prior to the Notice of Intent filing. The NACC questioned whether the ZBA was aware of the plan and the associated additional impacts proposed. The NACC requested that the applicant seek alternatives for the installation of the utilities. Specifically, the NACC suggested contacting the Department of Public Works (DPW) to discuss connecting to Town Sewer from Turnpike Street. Further, the NACC requested that the applicant obtain the necessary approvals prior to further review and discussion. The NACC asserted that without the ZBA's decision on the accepted bylaw waivers,they could not move forward with further discussion. A revised letter from the Natural Heritage Endangered Species Program (NHESP) was also requested at that time. Limited discussion was held at the public meeting of August 22, 2007 since the ZBA remained in deliberation and discussion of a final decision. However, the applicant presented revised plans to the NACC eliminating the wetland crossings and associated impacts. All impacts to BVW, Bank and LUWB indicated in the original NOI submission would not occur and was no longer proposed. The project as originally proposed also generated several comments from the Department of Environmental Protection (DEP). The applicant asserts in the letter dated August 27, 2007 that DEP comments no longer apply, based upon the revisions. At the Commissions suggestion, the applicant contacted Town DPW to discuss installation of a gravity sewer at the existing Turnpike Street manhole to traverse along Berry Street. The applicant stated that Town DPW was supportive of this proposal and therefore, plans were revised to incorporate this change. The proposed upland restoration areas also proposed under thisprojectfiling were not revised as a result of the change in utility installation. At the public hearing of September 12, 2007,the applicant had requested a continuance to the meeting of September 26, 2007 with the request to hold a subcommittee meeting to discuss plan revisions as it related to the ZBA decision, waivers, and associated conditions granted the by the ZBA the previous night, September 11, 2007. The NACC unanimously voted to continue the public hearing to September 26, 2007. Former subcommittee members Joseph Lynch and Louis Napoli stated that they would consider reconvening the subcommittee at the applicant's request. At the public hearing of September 26, 2007 the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Joe Lynch explained that the subcommittee met, as requested by the applicant, on October 1, 2007 to discuss appropriate wetland mitigation within the entire 14.77 +/- acre parcel. Mr. Lynch 'presented a discussion to the Commission members explaining that the applicant had requested and the ZBA had granted several waivers to the local Wetlands Protection Bylaw regulations(refer to ZBA decision dated September 11, 2007 C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 2 NACC 10/31/2007 DEP FILE # 242 -1407 and Exhibit A for final waivers granted), including a waiver of section 6.1, which requires a 2:1 compensation of wetland replication. Mr. Lynch further explained that the applicant proposes to fill an Isolated Vegetated Wetland (IVW) of 18,750 s.f. in size jurisdictional under the local bylaw only in order to construct two (2) of the proposed single-family homes on Berry Street, which the ZBA granted with a condition in their final decision stating that final plans would show replication/compensation as recommended by the North Andover Conservation Commission. Mr. Lynch and Mr. Napoli stated that they were able to negotiate mitigation areas, which they considered acceptable, consisting of almost 1:1 wetland replication and additional upland restoration to total more than 2:1 compensation of both wetland and upland mitigation. The subcommittee found that the uplands on this particular site were just as valuable, if not more so, due to the existence of rare species habitat. Mr. Lynch stated that this finding was also asserted and supported by the NHESP. Lastly, Mr. Lynch stated that as a result of the additional replication areas proposed on Lot 2N-A and Lot 3N-A, of which the single-family homes are proposed, the 25 foot No-Disturbance zone (previously proposed by the applicant in good faith to comply with this section of the bylaw for these single-family house lots) would be lost because the buffer zone would be pushed further up to align with the replicated BVW boundary. The applicant however, proposed to maintain a 50-foot No Build zone on the lots and construct a fieldstone boulder wall just upgradient to and along the replication area. The NACC agreed with the proposed revisions. Further discussion was generated on the future of these single-family house lots, specifically whether the NACC could enforce the local Bylaw, and other associated administrative concerns relative to the project as a part of the comprehensive permit application. The NACC voted to continue to the meeting of October 10, 2007 for revised plans and an additional letter from NHESP stating that the discussed revisions were an acceptable change. At the public hearing of October 10, 2007, the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Revised plans for the replication areas were submitted as well as a revised letter from NHESP stating that the revisions were acceptable. The NHESP letter included conditions to be met by the applicant prior to construction activities for all four (4) project filings submitted. A discussion was held between the NACC and the applicant's attorney, Don Borensten, as to the difference between a Declaration of Restriction required by NHESP and a typical Conservation Restriction. Don Borenstein indicated that they were essentially identical except that a Declaration did not have to be approved by the state as required under the typical Conservation Restriction. The NACC indicated that they would require a Conservation Restriction approved by the state during construction activities in addition to the Declaration Restriction as required by NHESP. Subsequently, the NACC voted to close and issue a decision within 21,days at the public hearing (Sean McDonough abstained)of October 10, 2007. At the October 24,2007 public meeting, a decision of approval was rendered (6-0-1). C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 3 NACC 10/31/2007 DEP FILE #242-1407 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 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 18. 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. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), and 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. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order. 23.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. 24. Where the Department of Environmental Protection DEP is requested to make a P (DEP) q determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 4 NACC 10/31/2007 DEP FILE #242 -1407 25. This Order is issued under File No.242-1407. 26. 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. 27. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals. These reviews, permits and approvals may include but are not limited to the following: • Review by the U.S. Army Corps of Engineers for any Category 2 or Individual Permit Activity, and procurement of any permits or approvals identified by the Corps. • Review by the DEP and procurement of any permits or approvals identified by the DEP. • Review by the Massachusetts Natural Heritage and Endangered Species Program for any projects within estimated and/or priority habitat and any permits or approvals identified by the Program. • Review by local planning boards, boards of health, zoning boards, and building inspectors, and procurement of any permits or approvals required by these boards or agencies. 28. 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. The proposed work includes: The installation of a gravity sewer and water line on Berry Street from an existing gravity sewer manhole located at Turnpike Street(Rt.114) and Berry Street,associated installation activities,wetland replication areas and upland wildlife habitat enhancement areas within the buffer zone to a Bordering Vegetated Wetland (BVW). The utilities will be installed to service three single-family house lots approved under 242-1410, 242-1409, and 242-1408. `Construction of the aforementioned single-family homes is not approved under this filing. This Order of Conditions and the submitted Notice of Intent applies only to the utilities and the Wetland Replication/Upland Wildlife Habitat Enhancement areas.' The project site is also located within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingit). The proposed work is associated with_a comprehensive permit application approved by the Zoning Board of Appeals, in which the affordable multi-family housing units proposed on Lot 4N-A have not been submitted to the C:\Winword\OOC\242-1407\L.ot4N-ABer yst,doc 5. NACC 10/31/2007 DEP FILE# 242 -1407 NACC for review or approval at the time of the issuance of this Order. The applicant acknowledges that an additional Notice of Intent application is required for the additional work associated with the multi-family component of the comprehensive permit. 29. The work shall conform. to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: One Hundred Fourteen Trust(Applicant) C/o Pribhu Hingorani 51 Mount Joy Drive Tewksbury, MA 01876 Received Date July 24,2007 with revision Notice of Intent letter dated August 27,2007 Prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Site Plans prepared by. Patrick C. Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Entitled: "Proposed Houses & Assoc. Utilities Lots 1N-A Thru 3N- A North Andover, MA", consisting of sheets 1 and 2. dated July 10, 2007. Sheet 1- last revised September 26, 2007. Sheet 2 - last revised October 2, 2007. Stamped & Signed by Patrick C. Garner,R.P.L.S. Other Record Documents: Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated August 17,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated October 10,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species clarification e-mail dated October 18, 2007; Other Documents by Reference: Zoning Board of Appeals Comprehensive Permit Decision 2005-003,which includes Exhibit A and B, dated September 11,2007. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to Ci\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 6 NACC 10/31/2007 DEP FILE #242 -1407 overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein and as previously approved under 242-1350 (ORAD). 32. 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, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 33. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 34. The NACC finds the applicant's proposal for 18,580 sq. ft. of wetland replication and 26,500 s.f. of upland restoration to be adequate. The wetland replication and upland restoration areas within the buffer zone shall be constructed immediately upon completion of sewer and water installation and this sequence shall be reflected in the construction sequence. 35. 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 36. 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. 37. Prior to construction activities proposed under this filing and in accordance with Natural Heritage Endangered Species Program (NHESP) MESA requirements, the applicant shall adhere to the following conditions: C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 7 NACC 10/31/2007 DEP FILE #242 -1407 • A recordable plan, based on the approved project plans referenced herein, showing the boundaries of the open space on Lots 1N-A, 2N-A, 3N-A, and 4N-A, a monumentation and signage scheme, an accurate tree line for the entire site, clear limits of work, and the areas to be restored to forested upland shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval. • A revised plan showing the limits of the "play area" on Lot 4N-A to be demarcated by a fence shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • Documentation, including a detailed description and photographs, on the current forested status of the upland area adjacent to the "play area" and vernal pool (Lot 4N A) for NHESP review. Upon review of this information, the NHESP will determine if this area shall be included in a revised restoration plan. The approved information shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • More detail shall on the submitted planting plan, including information on a monitoring and watering plan for the areas to be restored, must be provided to the NHESP for review and written approval. We strongly suggest that the applicant consult with the NHESP concerning the details of said plans prior to submission. • A Declaration of Restriction for the property restricting the open space areas on Lots 1N-A, 2N-A, 3N-A, and 4N-A must be provided to and approved by the NHESP. The NHESP will provide draft language of the Declaration of Restriction for review.Please note that should any of the lots be conveyed to another party, the Deeds on said properties shall reference the language in the Declaration of Restriction. Additionally, proof of recording of the Declaration of Restriction must be provided to the NHESP and the NACC respectively prior to the commencement of any work. If it is not possible to comply with the conditions stated above, or if project plans change,the applicant must contact the NHESP and the NACC concurrently prior to the commencement of any work. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. 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 C:\Winword\OOC\242-1407U.ot4N-ABerrySt.doc 8 NACC 10/31/2007 DEP FILE # 242 -1407 form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. 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 242-1407." 40.Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a'project until written approval has been granted by the NACC. 41.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. 42.Prior to any work associated with this Order, the applicant shall provide the NACC with written documentation from the NHESP that all work proposed can occur at any time during the year and is not restricted to certain time periods as to,inhibit migration periods for rare species. 43. Prior to any work commencing on-site and following receipt of the NHESP documentation as required in condition#42 above,the applicant shall submit to the NACC for approval,a detailed sequence of construction,which shall comply with the construction sequencing identified in this Order. 44.Wetland flagging shall be checked prior to start of construction,and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of g P l 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 stakes or flags and shall be confirmed by the NACC. Such markers 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 C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 9 NACC 10/31/2007 DEP FILE #242 -1407 time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion and shall be immediately removed upon completion of work activities as directed by the Erosion Control Monitor or the Conservation Administrator so as not to block and/or interfere with rare wildlife migration. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s). referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. 47. A check (no surety) payable to the Town of North Andover shall be provided in the amount of$55,740 (18,580 s.f. of wetland replication x$3 per s.f.) shall be provided to the Town of North Andover, 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. 48. The applicant shall designate a Qualified Professional Wetland Scientist 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. Credentials of said Erosion Control Monitor shall be submitted in writing C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doe 10 NACC 10/31/2007 DEP FILE # 242-1407 for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop'constructionfor erosion control purposes. 49. 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 herein) 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. 50. 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, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 51. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 52. Upon beginning work, the applicant shall submit written progress reports every week 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. 53. The Conservation Department shall be given at least 48 hours notice prior to the beginning of construction of the wetland replication and upland restoration areas. 54. The wetland replication and upland restoration areas shall be performed in accordance with the plans referenced herein unless specified otherwise in this Order and in accordance with the following special conditions: C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 11 NACC 10/31/2007 DEP FILE #242 -1407 a) The boundaries of the proposed wetland replication and upland restoration areas shall be staked. These stakes shall remain in place until wetland vegetation has become fully established; b) Silt fence shall be installed between the edge of the proposed replication/restoration areas and the edge of existing wetland prior to the start of excavation; c) The wetland replication areas shall be graded to its predetermined surface elevation. The exposed substrate shall be protected against erosion until re- establishment of wetland vegetation occurs; d) The entire wetland replication area shall be surrounded by erosion controls to prevent erosion until it is fully stabilized. 55.Wetland replication activities must be supervised by a wetland specialist who shall be a professional with experience in wetland replication,wetland hydrology and a working knowledge of botany. Such a person shall be retained to supervise and monitor construction of the wetland replication areas and must be present on site in which such activities occur. Monitoring of the replication and restoration areas must be conducted by said qualified wetland specialist in the spring and fall months for two consecutive growing seasons following the completion of the restoration activities. 56. At the end of each inspection,a progress report of the relative success or failure of the replication effort shall be conducted by a biologist,botanist,or wetlands specialist and submitted to the Department of Environmental Protection(DEP) and the North Andover Conservation Commission. If at the end of the second growing season,compliance with 80%wetland species cover as specified in note 11 of plan sheet 1 has not beenachieved, the NACC maintains the right to require additional plantings. 57. During construction and within 60 days of commencement of construction, the applicant shall prepare and execute a recordable Conservation Restriction to the NACC in a form acceptable to the Commission, Town Counsel and the Executive Office of Environmental Affairs for the area of the Conservation Restriction shown on the approved plan and in accordance with the Declaration of Restriction, and shall provide original, recordable copies of the Restriction to the NACC. The applicant shall submit the Conservation Restriction to the Executive Office of Environmental Affairs for approval and shall provide evidence of this submission to the NACC. Final signed approvals from EOEA and Town officials shall be executed and proof of recording of these final documents submitted to the NACC prior to the issuance of a Certificate of Compliance. 58. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. 59. The existing fieldstone wall located along Berry Street adjacent to the proposed work shall be not be disrupted and/or displaced in any way unless otherwise approved by the NACC. C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doe 12 NACC 10131/2007 DEP FILE # 242 -1407 60. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report 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 applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 61. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 62. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's are adequately functioning. 63. The sewer lines on the site,where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 64. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. 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. 65. 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. 66. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched with a layer of mulch hay. In areas where wetland replication and upland wildlife enhancement are proposed, the applicant shall temporarily stabilize these areas until such time that these activities will occur. 67. 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. C:\Winword\OOC\242-1407\L,ot4N-ABerrySt.doe 13 NACC 10/31/2007 DEP FILE # 242 -1407 68. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 69. Washings from concrete trucks or surplus urplus concrete, shall not be directed to, any drainage system, or wetland resource area. 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. 71. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spillor discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 73. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 74. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition shall remain in perpetuity. 75. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding in accordance with NRCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 76. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 14 NACC 10/31/2007 DEP FILE#242 -1407 77. The recorded Conservation Restriction must be submitted to the Conservation Commission prior to the issuance of a Certificate of Compliance. 78. Upon completion of the project the applicant shall submit the following to the Conservation Commission asart of a request for a Certificate of Compliance: P q p a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner: d. Signed statements from all individual property owners on which wetland replication and upland restoration areas are constructed shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and a 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. A written statement from a qualified wetland scientist stating all replication and buffer zone restoration activities have been constructed in accordance with the approved documents and meet the performance standards of the Wetlands Protection Act and North Andover Wetland Protection Bylaw. j. Submittal of a recorded Conservation Restriction and associated plan. k. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone. ➢ 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 anv disturbance of soils or vegetation. ➢ Location of wetland replication and upland restoration areas. 1 of 411 �L1A�'WS 2 t.1j�`)rYi45 P.7+1�t'i fkc f6 IST 1 � C:\Winword\OOC\242-1407\Lot4N-ABerrySt.doc 15 _ NACC 10/31/2007 �✓ DEP FILE # 242 -1407 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1407U.ot4N-ABerrySt.doc 16 NACC 10/31/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 1 thi condition pursuant to General Conditions#4, from the date of issuance. t. Date offis-sufince Please indicate the number of members who will sign this form: G This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically,and the property owner, if different from applicant. Signatures: --. C. Notacknowledgement Commonwealth of Massachusetts County of Essex North On this f' � of Day Month Year Before me, the undersigned Notary Public, C.0 !1(' personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which wastwere Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNAKWEDGE !,,�TH��8 MEM Signature of Notary Public Expires Aug.7,209 L7dName o to blic Printed Name of Nota Public Place notary seal and/or any stamp above Q(k3 My Commis ion t=Wires(Date) This Order is issued to the applicant as follows: E�/by hand delivery on ❑ by certified mail, return receipt requested,on Date Date wpaform5.doc• rev.3/1/05 / _ � Page 7 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permitproceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording information is available on the following page. wpaforrn5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded In the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the 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 subject to the Order. In the case of registered land, 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 Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------- ------ To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1407 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction Is: Document Number Signature of Applicant wpaform5.doc- rev.3/1/05 Page 9 of 9 { I -LJ\ - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: f,Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Pribhu Hingorani One Hundred Fourteen Trust use the return a. First Name b.Last Name c.Company key. 51 Mount Joy Drive d.Mailing Address Q Tewksbury MA 01876 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: Lot 1 N-A Turnpike Street North Andover a.Street Address b.City(rown Map 106D Parcel 75 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42=38-05 71-04-20 electronic filers will click for GIS locator):= e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 10184 279 c. Book d.Page 7. Dates: 7/24/07 10/10/07 10/31/07 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Proposed Houses&Associated Utilities Pians a. Plan Title Patrick C. Garner Company,Inc. Patrick C. Garner, P. L. S. b.Prepared By c.Signed and Stamped by 9/26/07 (sheet 1); 10/2/07 (sheet 2) 1"=40' d.Final Revision Date e.Scale See Attached f.Additional Plan or Document Title g.pate 9. Total WPA Fee Paid: $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1105 Page T of 9 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. F] Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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 in the Wetlands Protection Act. 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 Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaformadoc• rev.3/1105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131 40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square fleet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.cly nourishmt. d.cly nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.cly nourishmt. d.cly nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks,inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 ILI, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the 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 three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain 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 of any of the foregoing. 7. This 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. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, VA DEP"] "File Number 242-1410 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? E Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. 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. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, See attached select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE # 242 -1410 PROJECT OVERVIEW: The applicant, One Hundred Fourteen Trust, filed a Notice of Intent and supporting site Tans with the North Andover Conservation ation D e artment on July 24 20 7 for P 0 the construction P J y , of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing activities within the buffer zone to a Bordering Vegetated Wetland (BVW). In addition the project site lies entirely within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). An ORAD was issued on May 25, 2006 for the jurisdictional wetland resource areas within the subject site(242-1350). The Notice of Intent for the aforementioned work was submitted as part of a comprehensive permit application filed with the Zoning Board of Appeals (ZBA), pursuant to G.L c.40B, to construct an affordable housing project at the property located off Turnpike Street to be called "Merrimac Condominiums (the "Development"). Pursuant to this statute, the applicant originally proposed to construct ninety-five (95) condominium dwelling units. As proposed, the development would be located on a site of approximately 14.77 +/- acres of land being Map 106D, Lots 63, 75, 74, and 44 to be re-divided into 4 parcels, Lot 4N-A consisting of 10.8 acres of land with frontage on Turnpike Street (Rt. 114), Lot 1N-A consisting of 1.9 acres of land with frontage on Berry Street, Lot 2N-A consisting of 1.0 acres of land with frontage on Berry street, and lot 3N-A consisting of 1.0 acres of land also with frontage on Berry Street. Since the applicant's original proposal to construct ninety-five (95) units, the applicant had reduced the number of units to fifty-two (52) homeownership dwelling units, consisting of three (3) single-family homes and forty-nine (49) condominium units, with associated infrastructure and improvements during the ZBA public meetings. The applicant filed this Notice of Intent for the construction of a single-family dwelling, with the North Andover Conservation Commission (NACC) concurrently with three (3) additional Notice of Intent applications for two (2) additional single-family dwellings on Berry Street (242-1409, 242-1410) and sewer and water line installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas (242-1407) pursuant to the Wetland Protection Act (WPA) only as the applicant believed that the ZBA would exempt the filing applications from the North Andover Wetlands Protection Bylaw, pursuant to the 40B statute. A Notice of Intent filing is required for the multifamily unit component of the comprehensive permit, but was not filed with the NACC with the aforementioned applications, nor has this application been received as of the date of the issuance of this decision. The applicant is fully aware that a separate Notice of Intent is required for the multi-family component of the project and will be submitting this filing to the NACC in the near future. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on August 8,2007 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of August 22,September 12,September 26, and C:\Winword\OOC\242-1410\Lot1N-ABenySt.doc 1 NACC 10/31/2007 DEP FILE#242 -1410 October 10, 2007 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. At the initial public hearing of August 8, 2007, the NACC expressed significant concern with the utility project as proposed indicating that the utility plan had significant resource area impacts to resource areas that they were not aware of during previous participations with the ZBA at the public hearings and during a subcommittee meeting formed at the applicant's request prior to the Notice of Intent filing. The NACC questioned whether the ZBA was aware of the plan and the associated additional impacts proposed. The NACC requested that the applicant seek alternatives for the installation of the utilities. Specifically, the NACC suggested contacting the Department of Public Works (DPW) to discuss connecting to Town Sewer from Turnpike Street. Further, the NACC requested that the applicant obtain the necessary approvals prior to further review and discussion. The NACC asserted that without the ZBA's decision on the accepted bylaw waivers, they could not move forward with further discussion. A revised letter from the Natural Heritage Endangered Species Program (NHESP) was also requested at that time. Limited discussion was held at the public meeting of August 22, 2007 since the ZBA remained in deliberation and discussion of a final decision. However, the applicant presented revised plans to the NACC eliminating the wetland crossings and associated impacts. All impacts to BVW, Bank and LUWB indicated in the original NOI submission would not occur and was no longer proposed. The project as originally proposed also generated several comments from the Department of Environmental Protection (DEP). The applicant asserts in the letter dated August 27, 2007 that DEP comments no longer apply, based upon the revisions. At the Commissions suggestion, the applicant contacted Town DPW to discuss installation of a gravity sewer at the existing Turnpike Street manhole to traverse along Berry Street. The applicant stated that Town DPW was supportive of this proposal and therefore, plans were revised to incorporate this change. The proposed upland restoration areas were not revised as a result of the change in utility installation. At the public hearing of September 12,2007,the applicant had requested a continuance to the meeting of September 26, 2007 with the request to hold a subcommittee meeting to discuss plan revisions as it related to the ZBA decision, waivers, and associated conditions granted the by the ZBA the previous night, September 11, 2007. The NACC unanimously voted to continue the public hearing to September 26, 2007. Former subcommittee members Joseph Lynch and Louis Napoli stated that they would consider reconvening the subcommittee at the applicant's request. At the public hearing of September 26, 2007 the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Joe Lynch explained that the subcommittee met, as requested by the applicant, on October 1, 2007 to discuss appropriate wetland mitigation within the entire 14.77 +/- acre parcel. Mr. Lynch presented a discussion to the other Commission members explaining that the applicant had requested and the ZBA had granted several waivers to the local Wetlands Protection Bylaw regulations (refer to ZBA decision dated September 11,2007 and Exhibit A for final waivers granted), including a waiver of section 6.1, which requires a 2:1 compensation of wetland replication. C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 2 NACC 10/31/2007 DEP FILE# 242 -1410 Mr. Lynch further explained that the applicant proposes to fill an Isolated Vegetated Wetland (1VW) of 18,750 s.f. in size jurisdictional under the local bylaw only in order to construct two (2) of the proposed single-family homes on Berry Street, which the ZBA granted with a condition in their final decision stating that final plans would show replication/compensation as recommended by the North Andover Conservation Commission. Mr. Lynch and Mr. Napoli stated that they were able to negotiate mitigation areas, which they considered acceptable, consisting of almost 1:1 wetland replication and additional upland restoration to total more than 2:1 compensation of both wetland and upland mitigation. The subcommittee found that the uplands on this particular site were just as valuable, if not more so, due to the existence of rare species habitat. Mr. Lynch stated that this finding was also asserted and supported by the NHESP. Lastly, Mr. Lynch stated that as a result of the additional replication areas proposed on Lot 2N-A and Lot 3N-A, of which the single-family homes are proposed; the 25 foot No-Disturbance zone (previously proposed by the applicant in good faith to comply with this section of the bylaw for these single-family house lots) would be lost because the buffer zone would be pushed further up to align with the replicated BVW boundary. The applicant however, proposed to maintain a 50-foot No- Build zone on the lots and construct a fieldstone boulder wall just upgradient to and along the replication area. The NACC agreed with the proposed revisions. Further discussion was generated on the future of these single-family house lots, specifically whether the NACC could enforce the local Bylaw, and other associated administrative concerns relative to the project as a part of the comprehensive permit application. The NACC voted to continue to the meeting of October 10, 2007 for revised plans and an additional letter from NHESP stating that the discussed revisions were an acceptable change. At the public hearing of October 10, 2007, the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. r Revised plans for the replication areas were submitted as well as a revised letter from NHESP stating that the revisions were acceptable. The NHESP letter included conditions to be met by the applicant prior to construction activities for all four (4) project filings submitted. A discussion was held between the NACC and the applicant's attorney, Don Borenstein, as to the difference between a Declaration of Restriction required by NHESP and a typical Conservation Restriction. Don Borenstein indicated that the two were essentially identical except that a Declaration.Restriction did not have to be approved by the state as required under the typical Conservation Restriction. The NACC indicated that they would require a Conservation Restriction approved by the state during construction activities in addition to the Declaration Restriction as required by NHESP. Subsequently, the NACC voted to close and issue a decision within 21 days at the public hearing (Sean McDonough abstained) of October 10,2007. At the October 24,2007 public meeting,a decision of approval was rendered (6-0-1). C:\Winword\OOC\242-1410\L.ot1N-ABerrySt.doc 3 NACC 10/31/2007 DEP FILE # 242 -1410 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 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 mod' , or differ from the glans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. 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. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a 'Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), and 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. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order 23.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. 24. 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. C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 4 NACC 10/31/2007 DEP FILE #242 -1410 25. This Order is issued under File No. 242-1410. The utility installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas associated with this lot are approved under 242-1407. 26. 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. 27. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals. These reviews, permits and approvals may include but are not limited to the following: • Review by the U.S. Army Corps of Engineers for any Category 2 or Individual Permit Activity, and procurement of any permits or approvals" identified by the Corps. • Review by the DEP and procurement of any permits or approvals identified by the DEP. • Review by the Massachusetts Natural Heritage and Endangered Species Program for any projects within estimated and/or priority habitat and any permits or approvals identified by the Program. • Review by local planning boards, boards of health, zoning boards, and building inspectors, and procurement of any permits or approvals required by these boards or agencies. 28. 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. 29. The proposed work includes: The construction of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing activities within the buffer zone to a Bordering Vegetated Wetland (BVW). Work also includes the filling of a portion of an IVW, jurisdictional under the Bylaw only. The NACC finds that the filling of the IVW shall be allowed in accordance with the Zoning Board of Appeals comprehensive permit decision referenced herein and as a result of the significant amount of wetland replication and upland restoration efforts proposed by the applicant (242-1407). The project site is also located within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). The proposed single-family dwelling and associated site activities are associated with a comprehensive permit application approved by the Zoning Board of Appeals, in which the affordable multi-family housing units proposed on Lot 4N-A have not been submitted to the NACC for review or approval at C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 5 NACC 10/31/2007 DEP FILE# 242 -1410 the time of the issuance of this Order. The applicant acknowledges that an additional Notice of Intent application is required for the additional work associated with the multi-family component of the comprehensive permit. Sewer and water line installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas proposed on this lot are approved under a separate filing(242-1407). The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: One Hundred Fourteen Trust(Applicant) C/o Pribhu Hingorani 51 Mount Joy Drive Tewksbury,MA 01876 Received Date July 24,2007 with revision Notice of Intent letter dated August 27,2007 Prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Site Plans prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Entitled: "Proposed Houses &Assoc. Utilities Lots 1N-A Thru 3N- A North Andover, MA", consisting of sheets 1 and 2. dated July 10, 2007. Sheet 1- last revised September 26, 2007. Sheet 2 last revised October 2, 2007. Stamped & Signed by Patrick C. Garner,R.P.L.S. Other Record Documents: Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated August 17,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated October 10,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species clarification e-mail dated October 18, 2007; Other Documents by Reference: Zoning Board of Appeals Comprehensive Permit Decision, which includes Exhibit A and B, dated September 11,2007. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to C:\Winword\OOC\242-1410\LotiN-ABerrySt.doc 6 NACC 10/31/2007 DEP FILE #242 -1410 overcome the .presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein and as previously approved under 242-1350 (ORAD). 32. 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 (50`) No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The NACC finds that the Bylaw shall apply to any future work activities on this lot. 33. 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, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 35. The NACC finds the applicant's proposal for 5,480 sq. ft. of wetland replication to be adequate (lot 1N-A only). The replication areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. Wetland replication areas shall be constructed first and in accordance with the conditions set forth in 242-1407. 36. 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. C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 7 NACC 10/31/2007 DEP FILE #242 -1410 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. No work shall commence on this lot until associated utilities within Berry Street have been installed and all wetland replication areas have been constructed in accordance with the conditions set forth in 242-1407. 39. Prior to construction and in accordance with Natural Heritage Endangered Species Program (NHESP) MESA requirements, the applicant shall adhere to the following conditions: • A recordable plan, based on the approved project plans referenced herein, showing the boundaries of the open space on Lots 1N-A, 2N-A, 3N-A, and 4N-A, a monumentation and signage scheme, an accurate tree line for the entire site, clear limits of work, and the areas to be restored to forested upland shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval. • A revised plan showing the limits of the "play area' on Lot 4N-A to be demarcated by a fence shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • Documentation, including a detailed description and photographs, on the current forested status of the upland area adjacent to the "play area' and vernal pool(Lot 4N- A) for NHESP review. Upon review of this information, the NHESP will determine if this area shall be included in a revised restoration plan. The approved information shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • More detail shall on the submitted planting plan, including information on a monitoring and watering plan for the areas to be restored, must be provided to the NHESP for review and written approval. The NHESP strongly suggests that the applicant consult with the NHESP concerning the details of said plans prior to submission. • A Declaration of Restriction for the property restricting the open space areas on Lots 1N-A, 2N-A, 3N-A, and 4N-A must be provided to and approved by the NHESP. The - NHESP will provide draft language of the Declaration of Restriction for review. Please note that should any of the lots be conveyed to another party, the Deeds on said properties shall reference the language in the Declaration of Restriction. Additionally, C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 8 NACC 10/31/2007 DEP FILE # 242 -1410 proof of recording of the Declaration of Restriction must be provided to the NHESP and the NACC respectively prior to the commencement of any work. If it is not possible to comply with the conditions stated above, or if project plans change, the applicant must contact the NHESP and the NACC concurrently prior to the commencement of any work. 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 commencesmay 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 242-1410." 42. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. 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 review and approval, a detailed sequence of construction, including a dated timetable of construction, installation of sedimentation/erosion control devices, the installation C:\Winword\OOC\242-1410\L.ot1N-A$errySt.doc 9 NACC 10/31/2007 DEP FILE# 242 -1410 of the well/sewer tie-in, and the construction of the fieldstone wall before other work begins on-site. 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 stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other flagging used on the site. 46.A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. 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 noticeabledegradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be..used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre- construction meeting. 48. A check payable to the Town of North Andover shall be provided in the amount of $3,000 shall be provided to the Town of North Andover, 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 C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 10 NACC 10/31/2007 DEP FILE # 242 -1410 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. 49. Prior to the construction of the single family dwelling, the corners of the foundation shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. Due to the close proximity of the single family dwelling to the 50-foot buffer zone in numerous locations, the R.P.L.S. shall be on site during verification. 50. The applicant shall designate a Qualified Professional Wetland Scientist 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. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 51. 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 herein) 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 andevery 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. 52. 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, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre construction meeting(e.g. 72 hours). C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 11 NACC 10/31/2007' DEP FILE #242-1410 DURING CONSTRUCTION 53. IMPORTANT: Immediately upon completion of the dwelling foundation,and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation locations and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Department for review and approval. 54. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 55. Upon beginning work, the applicant shall submit written progress reports every week 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. A crushed stone construction entrance shall be designated at the lots construction entrance to minimize soil/material tracking onto Berry Street. This entrance shall be reinforced as necessary. Berry Street shall be cleaned/swept on a regular basis,as directed by the Erosion Control Monitor and/or the Conservation Department, should materials enter Berry Street. 57. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. 58. A 2-foot minimum dry laid fieldstone wall shall be constructed as shown on the approved plans and in accordance with the wall detail. No portion of said wall shall extend beyond the 25-foot No Disturbance Zone. 59. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report 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 applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 60. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doc 12 NACC 10/31/2007 DEP FILE # 242 -1410 close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 61. The Erosion Control Monitor shall be on site during and/or following a major storm mal event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's are adequately functioning. 62. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. 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. 63. 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. 64. 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 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 65. 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. 66. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 67. There shall be no stockpiling of soil or other materials beyond the limit of work or within twenty-five (25) feet of any resource area. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 69. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. C:\Winword\OOC\242-1410\Lot1N-ABerrySt.doe 13 NACC 10/31/2007 DEP FILE #242 -1410 70. 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 theapplicant 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 71. 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,shall run with the title of the property and shall remain in perpetuity. 72. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 73. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition shall remain in perpetuity. 74. Upon completion of construction, the applicant shall permanently mark the edge of the No-Disturbance Zone with seven (7) signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 75. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding in accordance with NRCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 76. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. C:\Winword\OOC\242-1410\Lot1N-ABerryStdoc 14 NACC 10/31/2007 DEP FILE # 242-1410 77. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"R " "'Request for a C q Certificate of Com Bance. P 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 property owner shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions and the Order of Conditions pertaining to the Wetland replication area and Conservation Restriction associated with the lot 242-140 prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of wetland replication and upland restoration areas. ➢ Location of all subsurface utilities entering the property. C:iWinword\OOC1242-1410\Lot1N-ABerrySt.doe 15 NACC 10/31/2009 DEP FILE #242 -1410 78. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of the adjacentBordering Vegetated Wetland (BVWI resource area. Future work within 100' of existing resource areas will require a separate filing. The NACC finds that the Bylaw shall apply to any future work activities on this lot (Condition#32); ➢ Discharge or spillage of pollutants(Condition#70); ➢ Prohibition of underground fuels (Condition#71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #72); ➢ Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site(Condition#73). C:\Winword\OOC\242-1410\LotIN-AEir St.doc 16 NACC 10/31/2007 DEP FILE# 242 -1410 APPENDIX A—AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20___, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1410\LotIN-ABeaySt.doc 17 NACC 10/31/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c_ 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 10131L,07 condition pursuant to General Conditions#4 from1. Date of I sua ce� the date of Issuance. Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: G Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, scyf+ H"s4z_ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA K WEDGE NOTARY PUBLIC Signature of Notary Public r F` tTH OF LjAS2 r.!TVTS Printed Nam of 7ary Public Place notary seal and/or any stamp above e o76Cy j My Com scion xpires(Date) This Order is issued to the applicant as follows: [may hand delivery on ❑ by certified mail, return receipt requested,on r6AS/le7 Date Date wpaform5.doc• rev.3/1105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the 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 subject to the Order. In the case of registered land, 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 Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------ Ta North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 1 N-A Turnpike Street 242-1410 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): Z Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Pribhu Hingorani One Hundred Fourteen Trust use the return a. First Name b.Last Name c.Company key. 51 Mount Joy Drive d.Mailing Address Tewksbury MA 01876 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: Lot 2N-A Berry Street North Andover a.Street Address b.Cityrrown Map 106D Parcel 74 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 10184 279 c. Book d.Page 7. Dates: 7/24/07 10/10/07 10/31/07 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Houses &Associated Utilites Plan' a.Plan Title Patrick C.Garner Company, Inc. Patrick C. Garner, P. L. S. b.Prepared By c.Signed and Stamped by 9/26/07 (sheet 1) ; 10/2/07(sheet 2) V=40' d. Final Revision Date e.Scale See attached f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page t of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: - a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. 0 Storm Damage Prevention i. ® Flood Control z. This Commission hereby finds the project, as proposed,is:(check one of the following boxes) Approved subject to ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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 in the Wetlands Protection Act. 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 Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1409 � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. [:1 Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area impacts: Check all that apply below. (For Approvals Only) 9. El Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.ciy nourishmt. d,c/y nourishmt 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c!y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. [:J Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. E] Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1!05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 _ Order-of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the 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 three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain 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 of any of the foregoing. 7. This 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. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"for, WA DEP"] "File Number 242-1409 wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 - Page 5 of.9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' D. Findings Under Municipal Wetlands Bylaw or Ordinance p y e 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. 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. If you need more space for c. The special conditions relating to municipal ordinance orb law are as follows: additional conditions, See attached select box to attach a text document wpaform5.doc- rev.3/1/05 Page 6 of 9 DEP FILE # 242-1409 PROJECT OVERVIEW: The applicant, One Hundred Fourteen Trust, filed a Notice of Intent and supporting site plans with the North Andover Conservation Department on July 24,2007 for the construction of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing activities.within the buffer zone to a Bordering Vegetated Wetland (BVW). In addition the project site lies entirely within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). An ORAD was issued on May 25, 2006 for the jurisdictional wetland resource areas within the subject site (242-1350). The Notice of Intent for the aforementioned work was submitted as part of a comprehensive permit application filed with the Zoning Board of Appeals (ZBA), pursuant to G.L c. 40B, to construct an affordable housing project at the property located off Turnpike Street to be called "Merrimac Condominiums" (the "Development"). Pursuant to this statute, the applicant originally proposed to construct ninety-five (95) condominium dwelling units. As proposed, the development would be located on a site of approximately 14.77 +/- acres of land being Map 106D, Lots 63, 75, 74, and 44 to be re-divided into 4 parcels, Lot 4N-A consisting of 10.8 acres of land with frontage on Turnpike Street (Rt. 114), Lot 1N-A consisting of 1.9 acres of land with frontage on Berry Street, Lot 2N-A consisting of 1.0 acres of land with frontage on Berry street, and lot 3N-A consisting of 1.0 acres of land also with frontage on Berry Street. Since the applicant's original proposal to construct ninety-five (95) units, the applicant had reduced the number of units to fifty-two (52) homeownership dwelling units, consisting of three (3) single-family homes and forty-nine (49) condominium units, with associated infrastructure and improvements during the ZBA public meetings. The applicant filed this Notice of Intent for the construction of a single-family dwelling, with the North Andover Conservation Commission (NACC) concurrently with three (3) additional Notice of Intent applications for two (2) additional single-family dwellings on Berry Street (242-1409, 242-1410) and sewer and water line installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas (242-1407) pursuant to the Wetland Protection Act (WPA) only as the applicant believed that the ZBA would exempt the filing applications from the North Andover Wetlands Protection Bylaw,pursuant to the 40B statute. A Notice of Intent filing is required for the multifamily unit component of the comprehensive permit, but was not filed with the NACC with the aforementioned applications, nor has this . application been received as of the date of the issuance of this decision. The applicant is fully aware that a separate Notice of Intent is required for the multi-family nvil component of the project and will be submitting this filing to the NACC in the near future. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on August 8,2007 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of August 22,September 12,September 26, and C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 1 NACC 10/31/2007 DEP FILE #242 -1409 October 10, 2007 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. At the initial public hearing,of August 8, 2007, the NACC expressed significant concern with the utility project as proposed indicating that the utility plan had significant resource area impacts to resource areas that they were not aware of during previous participations with the ZBA at the public hearings and during a subcommittee meeting formed at the applicant's request prior to the Notice of Intent filing. The NACC questioned whether the ZBA was aware of the plan and the associated additional impacts proposed. The NACC requested that the applicant seek alternatives for the installation of the utilities. Specifically, the NACC suggested contacting the Department of Public Works (DPW) to discuss connecting to Town Sewer from Turnpike Street. Further, the NACC requested that the applicant obtain the necessary approvals prior to further review and discussion. The NACC asserted that without the ZBA's decision on the accepted bylaw waivers,they could not move forward with further discussion. A revised letter from the Natural Heritage -Endangered Species Program (NHESP) was also requested at that time. Limited discussion was held at the public meeting of August 22, 2007 'since the ZBA remained in deliberation and discussion of a final decision. However, the applicant presented revised plans to the NACC eliminating the wetland crossings and associated impacts. All impacts to BVW, Bank and LUWB indicated in the original NOI submission would not occur and was no longer proposed. The project as originally proposed also generated several comments from the Department of Environmental Protection (DEP). The applicant asserts in the letter dated August 27, 2007 that DEP comments no longer apply, based upon the revisions. At the Commissions suggestion, the applicant contacted Town DPW to discuss installation of a gravity sewer at the existing Turnpike Street manhole to traverse along Berry Street. The applicant stated that Town DPW was supportive of this proposal and therefore, plans were revised to incorporate this change. The proposed upland restoration areas were not revised as a result of the change in utility installation. At the public hearing of September 12, 2007,the applicant had requested a continuance to the meeting of September 26, 2007 with the request to hold a subcommittee meeting to discuss plan revisions as it related to the ZBA decision, waivers, and associated conditions granted the by the ZBA the previous night, September 11, 2007. The NACC unanimously voted to continue the public hearing to September 26, 2007. Former subcommittee members Joseph Lynch and Louis Napoli stated that they would consider reconvening the subcommittee at the applicant's request. At the public hearing of September 26, 2007 the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Joe Lynch explained that the subcommittee met, as requested by the applicant, on October 1, 2007 to discuss appropriate wetland mitigation within the entire 14.77 +/- acre parcel. Mr. Lynch presented a discussion to the other Commission members explaining that the applicant had requested and the ZBA had granted several waivers to the local Wetlands Protection Bylaw regulations (refer to ZBA decision dated September 11, 2007 and Exhibit A for final waivers granted), including a waiver of section 6.1, which requires a 2:1 compensation of wetland replication. C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 2 NACC 10/31/2007 DEP FILE #242-1409 Mr. Lynch further explained that the applicant proposes to fill an Isolated Vegetated Wetland (IVW) of 18,750 s.f. in size jurisdictional under the local bylaw only in order to construct two (2) of the proposed single-family homes on Berry Street, which the ZBA granted with a condition in their final decision stating that final plans would show replication/compensation as recommended by the North Andover Conservation Commission. Mr. Lynch and Mr. Napoli stated that they were able to negotiate mitigation areas, which they considered acceptable, consisting of almost 1:1 wetland replication and additional upland restoration to total more than 24 compensation of both wetland and upland mitigation. The subcommittee found that the glands on this particular site-were just as valuable, if not more so, due to the existence of rare species habitat. Mr. Lynch stated that this finding was also asserted and supported by the NHESP. Lastly, Mr. Lynch stated that as a result of the additional replication areas proposed on Lot 2N-A and Lot 3N-A, of which the single-family homes are proposed, the 25 foot No-Disturbance zone (previously proposed by the applicant in good faith to comply with this section of the bylaw for these single-family house lots) would be lost because the buffer zone would be pushed further up to align with the replicated BVW boundary. The applicant however, proposed to maintain a 50-foot No- Build zone on the lots and construct a fieldstone boulder wall just upgradient to and along the replication area. The NACC agreed with the proposed revisions. Further discussion was generated on the future of these single-family house lots, specifically whether the NACC could enforce the local Bylaw, and other associated administrative concerns relative to the project as a part of the comprehensive permit application. The NACC voted to continue to the meeting of October 10, 2007 for revised plans and an additional letter from NHESP stating that the discussed revisions were an acceptable change. At the public hearing of October 10, 2007, the NACC voted to discuss the utility/restoration/mitigation filing and the other three filings for the proposed single-family dwellings together. Revised plans for the replication areas were submitted as well as a revised letter from NHESP stating that the revisions were acceptable. The NHESP letter included conditions to be met by the applicant prior to construction activities for all four (4) project filings submitted. A discussion was held between the NACC and the applicant's attorney, Don Borenstein, as to the difference between a Declaration of Restriction required by NHESP and a typical Conservation Restriction. Don Borenstein indicated that the two were essentially identical except that a Declaration Restriction did not have to be approved by the state as required under the typical Conservation Restriction. The NACC indicated that they would require a Conservation Restriction approved by the state during construction activities in addition to the Declaration Restriction as required by NHESP. Subsequently, the NACC voted to close and issue a decision within 21 days at the public hearing (Sean McDonough abstained) of October 10,2007. At the October 24,2007 public meeting, a decision of approval was rendered (6-0-1). C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doe 3 NACC 10/31/2007 DEP FILE #242 -1409 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations toP rotect 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 mod' , or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. 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. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), and 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. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order 23. 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. 24. 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. C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doe 4 NACC 10/31/2007 DEP FILE #242 -1409 25. This Order is issued under File No. 242-1409. The utility installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas associated with this lot are approved under 242-1407. 26. 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. 27. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals. These reviews, permits and approvals may include but are not limited to the following: • Review by the U.S. Army Corps of Engineers for any Category 2 or Individual Permit Activity, and procurement of any permits or approvals identified by the Corps. • Review by the DEP and procurement of any permits or approvals identified by the DEP. • Review by the Massachusetts Natural Heritage and Endangered Species Program for any projects within estimated and/or priority habitat and any permits or approvals identified by the Program. • Review by local planning boards, boards of health, zoning boards, and building inspectors, and procurement of any permits or approvals required by these boards or agencies. 28. 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. 29. The proposed work includes: The construction of a single-family dwelling, driveway, well, fieldstone wall, sewer tie-in, and associated site grading and clearing activities within the buffer zone to a Bordering Vegetated Wetland (BVW). Work also includes the filling of a portion of an IVW, jurisdictional under the Bylaw only. The NACC finds that the filling of the IVW shall be allowed in accordance with the Zoning Board of Appeals comprehensive permit decision referenced herein and as a result of the significant amount of wetland replication and upland restoration efforts proposed by the applicant (242-1407). The project site is also located within Priority and Estimated Habitat of the Blanding's Turtle (Emydoidea blandingii). The proposed single-family dwelling and associated site activities are associated with a comprehensive permit application approved by the Zoning Board of Appeals, in which the affordable multi-family housing units proposed on Lot 4N-A have not been submitted to the NACC for review or approval at C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 5 NACC 10/31/2007 DEP FILE#242 -1409 the time of the issuance of this Order. The applicant acknowledges that an additional Notice of Intent application is required for the additional work associated with the multi-family component of the comprehensive permit. Sewer and water line installation along Berry Street, wetland replication areas and upland wildlife habitat enhancement areas proposed on this lot are approved under a separate filing(242-1407). 30. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed b,v: One Hundred Fourteen Trust (Applicant) C/o Pribhu Hingorani 51 Mount Joy Drive Tewksbury, MA 01876 Received Date July 24,2007 with revision Notice of Intent letter dated August 27,2007 Prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough,MA 01532 Site Plans prepared by: Patrick C. Garner Company,Inc. 109 Whitney Street Northborough, MA 01532 Entitled: "Proposed Houses & Assoc. Utilities Lots IN-A Thru 3N- A North Andover, MA", consisting of sheets 1 and 2. dated July 10, 2007. Sheet 1- last revised September 26, 2007. Sheet 2 - last revised October 2, 2007. Stamped & Signed by Patrick C. Garner,R.P.L.S. Other Record Documents: Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated August 17,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species letter dated October 10,2007; Division of Fisheries & Wildlife Natural Heritage Endangered Species clarification e-mail dated October 18, 2007; Other Documents by Reference: Zoning Board of Appeals Comprehensive Permit Decision, which includes Exhibit A and B, dated September 11 2007. 31. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to C:\Winword\OOC\242-1409\Lot2N-ABerryStdoc 6 NACC 10/31/2007 DEP FILE # 242 -1409 overcome the presumption of significance of these resource areas to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plan referenced herein and as previously approved under 242-1350 (ORAD). 33. 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 fifty-foot (50`) No-Construction Zone shall be established from the edge of the adjacent replicated wetland resource area. The NACC finds that this regulation under the Bylaw shall apply to any future work activities on this lot. 34. 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, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. The NACC finds the applicant's proposal for 13,100 s.f. of wetland replication to be adequate (lots 2N-A & 3N-A only). The replication areas shall be constructed prior to other construction activity;on site and this sequence shall be reflected in the construction sequence. Wetland replication areas shall be constructed first and in accordance with the conditions set forth in 242-1407. 37. 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. C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 7 NACC 10/31/2007 DEP FILE #242 -1409 rRIOR TO CONSTRUCTION M M --- mi 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been'filed, until all proceedings before the Department or Court have been completed, 39. No work shall commence on this lot until associated utilities within Berry Street have been installed and all wetland replication areas have been constructed in accordance with the conditions set forth in 242-1407. 40. Prior to construction and in accordance with Natural Heritage Endangered Species Program (NHESP) MESA requirements, the applicant shall adhere to the following conditions: • A recordable plan, based on the approved project plans referenced herein, showing the boundaries of the open space on Lots 1N-A, 2N-A, 3N-A, and 4N-A, a monumentation and signage scheme, an accurate tree line for the entire site, clear limits of work, and the areas to be restored to forested upland shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval. • A revised plan showing the limits of the "play area" on Lot 4N-A to be demarcated by a fence shall be submitted to the NHESP for written approval. The approved plan shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • Documentation, including a detailed description and photographs, on the current forested status of the upland area adjacent to the "play area" and vernal pool (Lot 4N- A) for NHESP review. Upon review of this information, the NHESP will determine if this area shall be included in a revised restoration plan. The approved information shall also be submitted to the NACC for subsequent review and approval upon the filing submission for the multi-family units on Lot 4N-A. • More detail shall on the submitted planting plan, including information on a monitoring and watering plan for the areas to be restored, must be provided to the NHESP for review and written approval. The NHESP strongly suggests that the applicant consult with the NHESP concerning the details of said plans prior to submission. • A Declaration of Restriction for the property restricting the open space areas on Lots 1N-A, 2N-A, 3N-A, and 4N-A must be provided to and approved by the NHESP. The NHESP will provide draft language of the Declaration of Restriction for review. Please note that should any of the lots be conveyed to another party, the Deeds on said properties shall reference the language in the Declaration of Restriction. Additionally, C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 8 NACC 10/31/2007 DEP FILE #242-1409 proof of recording of the Declaration of Restriction must be provided to the NHESP and the NACC respectively prior to the commencement of any work. If it is not possible to comply with the conditions stated above, or if project plans change,the applicant must contact the NHESP and the NACC concurrently prior to the commencement of any work. 41. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. Noworkshall 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. 42. 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 242-1409." 43. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 44. 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. 45. Prior to any work commencing on site, the applicant shall submit to the NACC for review and approval, a detailed sequence of construction, including a dated timetable of construction, installation of sedimentation/erosion control devices, the installation C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doe 9 NACC 10/31/2007 DEP FILE #242 -1409 of the well/sewer tie-in, and the construction of the fieldstone wall before other work begins on-site. 46.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 stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other flagging used on the site. 47. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 48. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre construction meeting. 49. A check payable to the Town of North Andover shall be provided in the amount of $3,000 shall be provided to the Town of North Andover, 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 C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 10 NACC 10/31/2007 DEP FILE #242-1409 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. 50. Prior to the construction of the single family dwelling, the corners of the foundation shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. 51. The applicant shall designate a Qualified Professional Wetland Scientist 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. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 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 herein) 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, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be providedas notice of the pre- construction meeting(e.g. 72 hours). C:\Winword\OOC\242-1409\Lot2N-ABerryStdoc 11 NACC 10/31/2007 DEP FILE #242 -1409 DURING CONSTRUCTION 54. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, a the leant shall complete pp a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation locations and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Department for review and approval 55. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 56. Upon beginning work, the applicant shall submit written progress reports every week 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. 57. A crushed stone construction entrance shall be designated at the lots construction entrance to minimize soil/material tracking onto Berry Street. This entrance shall be reinforced as necessary. Berry Street shall be cleaned/swept on a regular basis, as directed by the Erosion Control Monitor and,/or the Conservation Department, should materials enter Berry Street. 58. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. 59. A 2-foot minimum dry laid fieldstone wall shall be constructed as shown on the approved plans and in accordance with the wall detail. No portion of said wall shall extend beyond the 25-foot No Disturbance Zone. 60. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report 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 applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 61. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the C:\Winword\OOC\242-1409\L.ot2N-ABerrySt.doc 12 NACC 10/31/2007 DEP FILE # 242 -1409 close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 62. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,and that all BMP's are adequately functioning. 63. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. 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. 64. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators,motor vehicles or parts on any of the foregoing. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 67. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 68. There shall be no stockpiling of soil or other materials beyond the limit of work. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 70. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. C:\Winword\OOC\242-1409\Lot2N-ABerryStdoc 13 NACC 10/31/2007 DEP FILE#242 -1409 71. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 72. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 73. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area. This condition shall survive this Order of Conditions, shall run with the title of the property and shall remain in perpetuity. 74. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition shall remain in perpetuity. 75. Upon completion of construction, the applicant shall permanently mark the edge of disturbance (along the stone wall) with nine (9) signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 76. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding in accordance with NRCS standards. If the Tatter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 77. 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. C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 14 NACC 10/31/2007 DEP FILE # 242 -1409 78. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A -"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the property owner shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions and the Order of Conditions pertaining to the Wetland replication area associated with the lot (242-1407) prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: ➢ "As-Built post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulatedas 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 anv disturbance of soils or vegetation. ➢ Location of wetland replication and upland restoration areas. Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 15 NACC 10/31/2007 DEP FILE #242 -1409 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project ➢ A 50' No-Construction_Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVW) resource area. Future work within 100 feet of resource areas will require a separate filing. The NACC finds that this Bylaw regulation shall apply to any future work activities on this lot (Condition#33); ➢ Discharge or spillage of pollutants (Condition#71); ➢ Prohibition of underground fuels (Condition#72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #73); ➢ Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site (Condition#74). C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 16 NACC 10/31/2007 DEP FILE #242 -1409 APPENDIX A-AFFIDAVIT I• on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. • I hereby affirm and acknowledge that on this day of 20___, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1409\Lot2N-ABerrySt.doc 17 NACC 10/31/2007 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special lohl C) condition pursuant to General Conditions#4, from the date of issuance. 1. Date if Iss ance Please indicate the number of members who will sign this form: 16 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail(return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: f ? � JA MAI Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this �2q of 040be'✓ 'Q0a Day Month Year Before me, the undersigned Notary Public, sc'o � P'(X S C— personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town '— DONNA M.WEDGE fia'e :2b NOTARY PUBLIC Signature of Notary Public 47 �, „ rH of Mns ^•• .�rTs 1�/7f'JA /;7.. Itle.4 9-e Expires AuJ v03 Printed Nam�• 7726�e fblic 9 Place notary seal and/or any stamp above My Commis ion E pires(Date) This Order is issued to the applicant as follows: fflby hand delivery on ❑ by certified mail,return receipt requested,on lo/?//a 7 Date IDate P wpaform5.doc• rev.3/1/05 � ..•-"�' Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. vvpaform5.doc• rev.3/1/05 Page 8 of 9 + r Massachusetts Department 0J E'RATri ms"hl py0i2Cion Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1409 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the 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 subject to the Order. In the case of registered land,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 Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 2N-A Berry Street 242-1409 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date 0 If recorded land, the instrument number identifying this transaction is Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc- rev.3/1/05 Page 9 of 9 I