HomeMy WebLinkAboutBARKER, GEORGE Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
242-1038
a re WPA Form 5 — Order of Conditions Provided by DEP
" Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: From:
When filling
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Tara Leigh Development,LLC. C/M Realty Trust/
Name George Barker(sewer easement)
rertvn
Name
185 Hickory Hill Road 2910 Military Road/1267 Osgood St
Mailing Address Mailing Address
North Andover MA 01845 Washington, DC/ --/ 20015/
City/Town State Zip Code North Andover MA 01845
1. Project Location:
Barker Street/Bradford Street North Andover
Street Address City/Town
Map 62/61 Parcel 5/78 9,7 7, g 1 & 82
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 9563, 3251 067, 6
County Book Page
Certificate(if registered land)
3. Dates:
9-8-00 11-1-00 ' 2 _
Date Notice of Intent Filed Date Public Hearing Closed Date of Is ante
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
See Attached Order of Conditions
Title Date
5. Final Pla and ocum nts Signed end Slumped49
¢y:
Name I
6. Total Fee:
$1,025 + $150 ByLaw Fee
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page t of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1038
v WPA _ Provided by DEP
Form 5 Order of Conditions
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
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:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,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, to protect those interests checked above. 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 to protect those interests checked above. 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.
❑ 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).
General Conditions (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 an other person of the necessity of complying with all
P Y
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Form 5 Page 2 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1038
�a
Provided WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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 Environme tal Protection"[or, "MA DEP"]
"File Numbe l'u00"
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.
Pa
WPA Form 5 9e 3 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of� Resource Protection -Wetlands 242-1038
Provided by DEP
WPA Form 5 - Order of Conditions
Y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
4
B. Findings (cont.)
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.
Special Conditions (use additional paper, if necessary):
Please refer to the attached Order of Conditions.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover c.178 of the Code of North Andover
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
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,
WPA Form 5 the conditions shall control. Page 4 of 7
Rev.02/00
DEP FILE # 242 - 1038
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, the local ByLaw and
Regulations,g 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), the North
Andover Wetland ByLaw and Regulations, and may require any information,
measurements, photographs, observations, and/or materials, or may require
the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent
or DEP determines that any of the work is not in compliance with this Order of
Conditions. Work shall not resume until the NACC is satisfied that the work
will comply and has so notified the applicant in writing.
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 (Refer to Section Vlll
(B)(p.33) of the North Andover Wetland Regulations).
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DEP FILE # 242 - 1038
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.
25.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.
26.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.
27.The proposed work includes: Construction of across-country sewer line
(and associated pavement reconstruction along Barker Street) and
stormwater management system associated with a 7 lot planned
residential development referred to as Hawk Ridge. The proposed cul
de sac roadway and 7 residential lots are beyond the 100-foot Buffer
Zone and are therefore not subject to NACC jurisdiction under the
Bylaw and Act.
28.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: Epsilon Associates, Inc.
Dated 9-8-00
Site Plan(s) and Report(s)
prepared by: MHF Design Consultants, Inc.
Entitled "Special Permit&Definitive Subdivision
Plan"
Sheets 1 through 26
Dated REV 10-23-00
Huntress Associates, Inc.
Entitled "Conservation Commission Details"
Dated 10-18-00
Huntress Associates, Inc.
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DEP FILE # 242 - 1038
Entitled"Proposed Wildlife Pond"
Dated 10-24-00
Epsilon Associates, Inc.
Hawk Ridge Mitigation Letter Report
Dated 10-25-00
29.The following resource areas are affected by the proposed work: 25-foot No-
Disturbance Zone and 100-foot Buffer Zone to Bordering Vegetated
Wetland (BVW). These resource areas are significant to the interests of the
Act and Town ByLaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource
areas to the identified interests.
30.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31.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 except in the following locations (please refer to the
record site plans referenced herein for exact locations):
• Upgradient of wetland flags F1 through F5, E2 through E5, G1
through G8 (along shoulder of Barker Street);
115 through 118, B26 through B28 (where the sewer line leaves
the existing Barker driveway and enters the agricultural field).
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, the
contractor 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 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. Issuance of these Conditions does not in any
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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. 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 to restore approximately 610 sf of
25-foot No-Disturbance Zone and the remaining 100-foot Buffer Zone
with a conservation seed mix to be acceptable (where the sewer line
leaves the existing Barker driveway and enters the agricultural field).
Slope work associated with the Barker Street reconstruction shall be
stabilized with a combination of rip-rap, retaining walls and/or a slope
stabilization seed mix as appropriate.
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.
PRE-CONSTRUCTION CONDITIONS
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.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.
38.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
Department of Environmental Protection, File Number 242-1038."
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39.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant, the NACC will call for another public hearing (at the expense
of the applicant). Within 21 days of the close of said public hearing the NACC
will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as
changes. 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.
40.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.
41.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
42.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.
43.A row of double 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
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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.
44.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of forty (40) extra 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.
45.A check payable to the Town of North Andover shall be provided in the
amount of$25,000.00 which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work.
Said deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the
project, provided that provisions, satisfactory to the NACC, have been made
for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local ByLaw.
46.The applicant shall designate a 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. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. At least once per
month in which construction activities occur on-site and for as long thereafter
as ground remains unstabilized, the applicant shall submit a written report
from the erosion control monitor to the NACC certifying that, to the best of
his/her knowledge and belief based on a careful site inspection, all work is
being performed in compliance with this Order of Conditions. All wetland
resource areas must be visually inspected for siltation, turbidity, and/or
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other water quality impacts. In addition, documented evidence that the
25' No-Disturbance Zone and 50' No-Construction Zone setbacks are
being adhered to must be included in the Erosion Control Monitor's
report with measurements taken from at least 3 locations on-site
(except where otherwise waived).
47.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, 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).
STORMWATER MANAGEMENT CONDITIONS
0 J
48.There shall be no increase in the post development discharges from the
storm drainage system or any other changes in post development conditions
that alter the post development watershed boundaries as currently depicted
in the Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
49.All stormwater best management practices shall be maintained as specified
in the Operation and Maintenance Plan submitted with the Notice of Intent
and incorporated in the Order of Conditions. Written evidence of
maintenance of the stormwater management system shall be provided
to the NACC on an annual basis by a Registered Professional Civil
Engineer for a period of two (2) years from the date said structures go
"on-line".
50.Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall
be no sedimentation into wetlands or water bodies from discharge pipes or
surface runoff leaving the site.
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51.The applicants, owners, and their successors and assignees, shall maintain
all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, unless put into an
easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
52.Upon beginning work, the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will update
the construction sequence.
53.All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for Compliance.
54.The sewer lines shall be tested for watertightness in accordance with North
Andover DPW standards.
55.De-watering activities shall be conducted as shown on the approved plans
and shall be monitored daily by the applicant 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 and/or the North Andover Wetland
Bylaw. 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.
56.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.
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57.There shall be no stockpiling of soil or other materials within twenty-five
(25) feet of any resource area unless otherwise approved by this Order of
Conditions and the record drawings referenced herein.
58.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
59.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 or
local ByLaw.
60.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
61.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
62.In accordance with the mitigation letter report(dated 10-25-00) referenced
and approved herein, the applicant shall implement the following measures
as mitigation for temporary impacts to the 25-foot No-Disturbance Zone
(please refer to the report and site plans for specifics and direction):
• Non-invasive trail connection;
• Interpretive trail signs;
• Constructed kiosk at the Mazurenko Farm property;
• Bird boxes; and,
• Wildlife pond planting scheme.
63.No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
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condition is issued under the authority of the Town's Wetland protection
ByLaw.
64.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a
wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
65.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 according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
66.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:
• WPA Form 8A—"Request for a Certificate of Compliance."
• A letter from the applicant requesting a Certificate of Compliance.
• The name and address of the current landowner.
• 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 prior to acquiring the
subject property.
• The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
• The street address and assessor's map/parcel number for the project.
• The DEP file number.
• A written statement from a Registered Professional Civil Engineer and
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.
• A written statement from a qualified wetland biologist indicating that
the buffer zone restoration area is functioning as intended by this
Order of Conditions and in compliance with the local wetland
protection bylaw and regulations for at least two full growing seasons.
• 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:
CAWinword\00C\242-1038.doc 10 NACC 11/3/2000
DEP FILE # 242 - 1038
♦ "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,
buildings, additions, fences, sheds, stone walls, pools, retaining
walls, subsurface utilities and decks.
♦ The approved trail network connection and the location of
interpretive signs.
♦ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes any disturbance of
soils or vegetation.
♦ Location of all subsurface utilities (including the proposed sewer
line) entering the property.
67. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
• 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP # 242-
1038. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established
under the local ByLaw;
• Maintenance of the stormwater management system;
• Discharge or spillage of pollutants;
• Prohibition of underground fuels;
CAWinword\00C\242-1038.doc 11 NACC 11/3/2000
DEP FILE # 242 - 1038
• Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides.
• The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
C:\Winword\OOC\242-1038.doc 12 NACC 11/3/2000
DEP FILE # 242 - 1038
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\00C\242-1038.doc 13 NACC 11/3/2000
Massachusetts Department of Environmental Protection DEP File Number:
`r Bureau of Resource Protection -Wetlands 242-1038
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See Attached.
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
November 1, 2003
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to ppropriate Department of Environmental Protection Regional
Office (see Appendix A)and pro erty owner(if different from applicant).
Signatures:
t,
On ednesday the 1st Of November 2000
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
ackno edged that he/she a cuted the same as his/her free act and deed.
-� �v /4, 02od 7
Notary Public toy Commission Expires
This Order is issued to the applicant as follows:
El by hand delivery on by-9@#A@4#mail r t request@
on
11-2-00
Date Date
WPA Form 5 Page 5 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
`r Bureau of Resource Protection - Wetlands 242-1038
WPA Form 5 - Order of Conditions Provided by DEP
RPIV ix Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. 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 Appendix E: 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.
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.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1038
A"AWPA Form 5 - Orderof Conditions
{ Provided by DEP
aw
" Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
Barker and Bradford Street DEP#242-1038
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
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
WPA Form 5 Page 7 of 7
Rev.02100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Lll � WPA Form 5 - Order of Conditions 242-1179
Provided by DEP
�y
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
rab To: Applicant: Property Owner(if different from applicant):
Tara Leigh Development, LLC. Trustees of C/M Realty
Name Name
than
185 Hickory Hill Road 2910 Military Road
Mailing Address Mailing Address
North Andover Ma. 01845 Washington D.C. 20015
City/Town State Zip Code City/Town State Zip.Code
1. Project Location:
Barker Street North Andover
Street Address City/Town
62 138
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex County 4791 301
County Book Page
Certificate(if registered land)
3. Dates:
12/23/02 '
Date Notice of Intent Filed Date Public He ring Closed Date of4ssua6ce
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NOI 12/23/02
Title Date
Plans See attached
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Frank Monteiro
Name
6. Total Fee:
357.50
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15/00 Page 1 of 7
r T
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber;
r
WPA Form 5 - Order of Conditions 242-1179
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
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;
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply [] Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply 0 Storm Damage Prevention ® Flood Control
Furthermore, 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, to protect those interests checked above. 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 to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
Wpaform5.doc•rev.12/15/00 Page 2 of 7
r ?
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 5 - Order of Conditions
242-1179
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
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, "MA DEP"]
"File Number 242-1179 "
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.
Wpaform5.doc•rev.12/15/00 Page 3 of 7
t L
Massachusetts Department of Environmental Protection
�- Bureau of Resource Protection -Wetlands DEP File Number:
i
WPA Form 5 - Order of Conditions
242-1979
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
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.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw 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.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover Wetland Protection Bylaw Chapter 178
Municipal Ordinance or Bylaw Citation
R
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform5.doc•rev.12/15/00 Paye 4 of 7
rt
DEP FILE#242 -1179
Therefore, the North Andover Conservation Commission (hereafter the
"NACC") hereby finds that the following conditions are necessary,in accordance
with the Performance Standards set forth in the State Regulations,the local
Bylaw and Regulations,to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
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),
the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements,photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC, agent or DEP determines that any of the work isnot 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 b the issuing authority for one or more periods
i Y
Y g Y
of up to one year each upon application tojhe issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword\00C\242-1179.doc 1 NACC 2/13/03
T
DEP FILE #242 -1179
23. The NACC reserves the right to amend this Order of Conditions after a
a
le ll advertised legally ave used 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.
25. 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.
26. 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.
27. LIMITED PROJECT:Any future project which proposes a wetland crossing
in order to access certain portions of the property will not be qualified as a
limited project roadway under 310 CMR 10.53(e).
28.The proposed work includes: Construction of a roadway and utilities across
an intermittent stream and bordering vegetated;construction of a portion of
a parking lot associated with a recreational field. Roadway will service a 17
lot subdivision and 3 recreational ball fields located outside the 100 foot
buffer zone to wetland resource areas.The project site is located within the
Lake Cochichewick Watershed Protection District.
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: Tara Leigh Development,LLC
185 Hickory Hill Road
North Andover, MA 01845
Dated 12/27/02 (Cover page)
Site Plans prepared by: MHF Design Consultants, Inc.
103 Stiles Road, Suite One
Salem, NH 03079
CAWinword\00C\242-1179.doc 2 NACC 2/13/03
DEP FILE#242 -1179
Entitled:
d:
• Special Permit and Definitive Subdivision Plan, Cover Sheet, Sheet
1, Rev. 11/04/02;
• Existing Conditions Plan, Sheet 2, Rev. 11/04/02;
• Town Boundary Relocation Plan,Sheet 3,Rev. 11/04/02;
• Density Proof Plan, Sheet 4,Rev. 11/04/02;
• Overall Subdivision Plan,Sheet 5, Rev. 11/4/02;
• Definitive Plan, Sheet 6, Rev. 11/04/02;
• Definitive Plan, Sheet 7, Rev. 11/04/02;
• Road and Lot Layout Plan, Sheet 8,Rev. 11/04/02;
• Road and Lot Layout Plan, Sheet 9,Rev. 11/04/02;
• Grading Drainage & Erosion Control Plan,Sheet 10,Rev. 11/04/02;
• Grading Drainage& Erosion Control Plan, Sheet 11,Rev. 02/04/03;
• Utilities Plan, Sheet 12,Rev.11/04/02;
• Utilities Plan, Sheet 13, Rev. 11/04/02;
• Plan/Profile-Carter Farm Lane, Sheet 14,Rev. 11/04/02;
• Plan/Profile-Carter Farm Road, Sheet 15, Rev. 09/25/02;
• Plan/Profile-Bradford Street Force Main, Sheet 16,Rev.09/25/02;
• Plan/Profile-Gravity Sewer/Barker Road, Sheet 17, Rev. 09/25/02;
• Plan/Profile-Gravity Sewer/Barker Street, Sheet 18, Rev.09/25/02;
• Site Details, Sheet 19,Rev. 11/04/02;
• Sewer &Water Details, Sheet 20, Rev. 11/04/02;
• Drainage &Erosion Control Details, Sheet 21, Rev. 11/04/02;
• Test Pit Data, Sheet 22, Rev. 9/25/02,
• Underground Detention Systems/Roof Infiltrator System Details,
Sheet 23, Rev. 09/25/02;
• Landscape Master Plan, Sheet 24,Rev.9/25/02;
• Special Permit and Definitive Subdivision Plan Wetland
Impact/Mitigation Plan, Sheet 1 of 1 dated January 14,2003, Scale
1"=20`;
Drainage Calculations: Prepared by MHF Design
Consultants, Inc.;Stormwater
Management, Drainage
Calculations &Best Management
Practices,Dated August 2,2002,
Revised through December 12,2002
CAWinword\00C\242-1179.doc 3 NACC 2/13/03
DEP FILE #242 -1179
Operation & Maintenance
Plan prepared by: MHF Design Consultants;
Letter prepared by Epsilon
Associates, Inc., dated January 14,
2003;Revised Post Construction
Operations &Maintenance Plan;
Additional Documents: Letter prepared by Epsilon
Associates, Inc. dated January 14,
2003;Revised Wetland Replication
Planting Plan (6 pages);
BMP Calculation worksheet for
outlet protection, dated 1/28/03
30. The following wetland resource areas are affected by the proposed work:
Bank, Buffer Zone to Bordering Vegetated Wetland (BVW). These resource
areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
31. The NACC agrees,with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. Wetland
resource areas were previously approved under a Request for a
Determination of Applicability.
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 (W)No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except as follows:in the approved roadway crossing location. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section III(D) &Appendix G of the local Regulations).
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,the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
CAWinword\00C\242-1179.doc 4 NACC 2/13/03
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DEP FILE #242 -1179
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
Y
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
to flooding, storm damage or any other form of water damage. 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 6,040 sq. ft. (>2:1 ratio) of
wetland replication to be adequate for the proposed alteration of 2,911 square
feet of bordering vegetated wetland alteration. The replication areas shall be
constructed in accordance with the approved wetland replication plan and
prior to other construction activity on site and this sequence shall be reflected
in the construction sequence. (Refer to Section III(E)(4)(page 17)of the local
Regidations for performance standards).
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.
EIPRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this
Order have elapsed or,if such an appeal has been filed,until all proceedings
before the Department or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods.No work shall be
undertaken until the Final 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
CAWinword\00C\242-1179.doc 5 NACC 2/13/03
5 �
DEP FILE#242 -1179
Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
39. 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 242-1179."
40. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant,the NACC will call for another public hearing (at the
expense of the applicant). Within 21 days of the close of said public hearing
the NACC will issue an amended or new Order of Conditions. Any errors
found in the plans or information submitted by the applicant shall be
considered as changes. 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 commencing on-site,the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site. In addition, a construction sequence
specific to the timing,phasing and methodology of the construction of the
water quality treatment swales,flared end sections and level spreaders
must be submitted for review. Specific stabilization methods during
construction must be addressed.
43.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
CAWinword\00C\242-1179.doc 6 NACC 2/13/03
DEP FILE #242 -1179
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.
44. 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.
45. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of 50 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.
46. A check payable to the Town of North Andover shall be provided in the
amount of $33,120 ($3.00 per s.f of wetland replication,$3.00 x 6,040=
$18,120) ($15,000 for the roadway and crossing)which shall be in all respects
satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be
posted with the North Andover Town Treasurer through the NACC before
commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof,shall be signed by a party or parties
satisfactory to the NACC,and Town Counsel, and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC,
have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to
completion of specific portions of the project for the NACC's review and
approval. This condition is issued under the authority of the local ByLaw.
CAWinword\00C\242-1179.doc 7 NACC 2/13/03
DEP FILE #242 -1179
47. The applicant shall designate a 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. This person shall be
given the authority to stop construction for erosion control purposes. The
erosion control monitor will be required to inspect all such devices and
oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in
which construction activities occurs on-site in the buffer zone and for as long
thereafter as ground remains unstabilized,the applicant shall submit a
written report from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site
inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion
control monitor must visually inspect all sedimentation/erosion control
measures and assume responsibility for their maintenance on a weekly basis
and that they are functioning as intended. In addition, all wetland resource
areas must be visually inspected for siltation,turbidity, and/or other water
quality impacts.
48. Prior to construction,the applicant shall permanently mark the edge of the
"25' No-Disturbance Zone"with signs or markers spaced evenly every 25
feet incorporating the following text: "Protected Wetland Resource Area"
(for sale at the Conservation Department). (Note: If Planning Board
enforces greater No-Disturbance setbacks,plaques may be posted greater
than 25 feet from the 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.
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 via"Appendix A" signed under the pains and penalties
of perjury, stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This
document shall apply 1 to each of the conditions referenced herein and shall
be provided to the Conservation Department at least five (5)business days
priorh closing said to e c os g of s d Land transaction.
CAWinword\00C\242-1179.doc 8 NACC 2/13/03
DEP FILE#242 -1179
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,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).
STORMWATER MANAGEMENT CONDITIONS
51. All construction and post-construction stormwater management shall be
conducted in accordance with supporting documents submitted with the
Notice of Intent, the Department of Environmental Protection Stormwater
Management Policy and as approved by the NACC in this Order of
Conditions.
52. All stormwater best management practices shall be maintained as specified in
the Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions.
53. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that
alter the post development watershed boundaries as currently depicted in the
Notice of Intent and approved by this Order of Conditions,unless specifically
approved in writing by the NACC.
54. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall
be no sedimentation into wetlands or water bodies from discharge pipes or
surface runoff leaving the site.
CAWinword\00C\242-1179.doc 9 NACC 2/13/03
DEP FILE #242 -1179
55. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins shall
be free of all accumulated silt and debris before a Certificate of Compliance is
issued and the owner or his/her agent shall so specify in the request for
Compliance.
56. The applicants, owners, and their successors and assignees,shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas,
and other elements of the drainage system, unless put into an easement to the
Town of North Andover, in order to avoid blockages and siltation which
might cause failure of the system and/or detrimental impacts to on-site or
off-site resource areas, and shall maintain the integrity of vegetative cover on
the site.
FDURING CONSTRUCTION
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.The sewer lines on the site,where they dross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW standards.
59. Anticipated de-watering activities shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while
work specific to dewatering is occurring and until complete. De-watering
activities shall be conducted in accordance to the approved methodology
outlined in the Notice of Intent and 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 and/or the North Andover Wetland ByLaw. 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.
60. Any fill used in connection with this project shall be clean fill,containing no
trash, refuse, rubbish or debris, including but not limited to lumber,bricks,
C:\Winword\00C\242-1179.doc 10 NACC 2/13/03
i
DEP FILE #242 -1179
plaster, wire ,lath,paper, cardboard,pipe,tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
61. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC
62. No re-grading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
63. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
64. Washings from concrete trucks, or surplus concrete,shall not be directed to,
any drainage system, or wetland resource area.
65. 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 or local
ByLaw.
66. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
67. During and after work on this project,there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one (1)business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling,equipment lubrication,or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
68. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
CAWinword\00C\242-1179.doc ]l NACC 2/13/03
DEP FILE #242 -1171
condition is issued under the authority of the Town's Wetland protection
ByLaw.
69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition shall survive this Order of Conditions and shall
run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
70. No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands.
71. 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 according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
72. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Wetland Scientist stating the replication
area has been constructed in accordance with the approved plan and
has successfully completed two growing seasons and is in compliance
with the wetland replication performance standards.
i. A written statement from a Registered Professional Civil Engineer of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
CAWinword\00C\242-1179.doc 12 NACC 2/13/03
DEP FILE #242 -1179
j. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and a Registered Professional Land
Surveyor of the Commonwealth, for the public record. This plan will
include:
➢ "As-Built"post-development elevations of all drainage &L
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.
➢ As-built location and elevation of the wetland replication area.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences,
sheds, stonewalls,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 all subsurface utilities entering the property.
73. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations approved under this filing. Future
work within 100' of existing wetland resource areas will require
a separate filing with the NACC (refer to Section XI (page 18) of
the Regulations for performance standards within these zones)
The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as
established under the local ByLaw;
CAWinword\00C\242-1179.doc 13 NACC 2/13/03
DEP FILE #242 -1179
➢ Maintenance of catch basins (Condition#55);
➢ Discharge or spillage of pollutants (Condition#67);
➢ Prohibition of underground fuels (Condition#68);
➢ Limitations on the use of fertilizers,herbicides, road salts, de-
icing compounds and pesticides (Conditions#69 & 70).
➢ The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will
be required to conduct maintenance of the above referenced
system and plan.
CAWinword\00C\242-1179.doc 14 NACC 2/13/03
EPSILONASSOCIATES INC.
Engineers Environmental Consultants
Carter Farm/#4 9 700/NAndover/NOVO&M Plan -
t
January 14, 2003
{
PRI1r f� S Ms.Julie Parrino, Conservation Administrator
North Andover Conservation Commission
Theodore A.Barten,PE. 27 Charles Street
Margaret B.Briggs
North Andover, MA 01845
Michael E.Guski,CCM Subject: Revised Post Construction Operations and Maintenance Plan
(DEP#242-1179).
Samuel G.Mygatt,UB:
Dear Julie;
Dale T.Roczynsk,P.E.
Gndyschlessinger As requested by the MA Department of Environmental Protection in their comment letter
dated January 6, 2003, we have revised the post-constructionstormwater management
Lester B.Smith,Ir system operations and maintenance plan as follows:
Victoria H.Fletcher,RL4 Responsible Parties
Mr. Thomas Zahoruiko (until a Certificate of Compliance is issued by NACC)
Tara Leigh Development
185 Hickory Hili Road
North Andover, MA 01845
(978) 687-2635
Town of North Andover Department of Public Works
(after a Certificate of Compliance is issued)
384 Osgood Street
North Andover, MA 01845
Non-Structural Methods
Site Layout-A 50-foot No-Construction Zone and 25-foot No-Disturbance Zone from the
edge of delineated wetlands have been met per the North Andover Wetland Protection
By Law
Source Control - A NPDES Notice of Intent,application will be filed with EPA prior to
construction. A comprehensive Stormwater Pollution Prevention Plan (SWPPP) will be
implemented at the site which includes*appropriate construction BMP's, regular
pavement sweeping (at least four times per year), catch basin cleaning, restrictions on the
ku 150 Main Street• PO Box 700•Maynard, Massachusetts 01754-0700 IM 978.897.7100 Fax 978.897.0099
www.epsilonassociates.com
Julie Parrino 2 '
NACC
use of pesticides, fertilizers,: salt and other de-icing agents, and enclosure and
maintenance of dumpster and compactor areas.
Snow removal operations will adhere to the Massachusetts Department of Environmental
Protection — Bureau of Resource Protection Guidelines (dated December 19, 1997).
Snow will be stockpiled on pervious landscaped surfaces as far away from wetlands as
possible. Stockpiling snow in this manner will allow meltwater to filer into the soil,
leaving behind sand and debris which can be removed in the spring time. Under no
circumstances will snow be directly deposited into a wetland resource area.
Spill Prevention'-A "Spill Prevention Plan" that includes an emergency notification plan`
and cleanup program will be developed and submitted to the Conservation Commission'
prior to construction. The parties responsible for maintaining spill prevention equipment
and implementing the cleanup;procedures in the event of a spill will be notified.
Structural Methods
Catch Basins with Deep Sumps and Oil Hoods Catch basins at the site are to be
constructed with deep sumps and hooded outlets to trap debris, sediments and floating
contaminants. All catch basins will be cleaned four times annually to remove
accumulated sand, sediment and floatable product. All sediments and;hydrocarbons will
be properly handled and disposed, in accordance with local, state and federal guidelines
and regulations. The inlets will be cleaned a minimum of four times per year and
inspected monthly.
Subsurface Detention Basins -The subsurface basins are designed with easy access for
maintenance and cleaning as the access manhole is located directly above a much larger
opening into the system's grit chamber. The units,will be inspected once annually, in
the spring, for accumulated sediment. Necessary sediment removal will be performed
with the use of a vacuum truck depending on the volume of material encountered. Over
the long term, sediment removal should occur every five years.
Water Quality Inlets and Infiltration Trenches—Other than inlet locations, the infiltration
system should be maintenance free as only clean rooftop runoff is being diverted
towards it. Water quality inlets will be cleared of accumulated sediment, leaves and
debris at each annual inspection, and more frequently as needed.
Grass Swales —Grass swales shall be inspected at least semi-annually, and maintenance
and repairs made as necessary. Additional inspections shall be scheduled during the first
u��.���ASSOCIATES W-
_Engineers W Environmental GansWtants
Julie Parrino 3
NACC
few months to make sure the swale(s) are functioning as intended. Repairs shall be
implemented as necessary. Sediment and debris shall be removed manually, at least
once per year.
Stormceptor Units-Clean Stormceptor' units if approximately 8 to 10-inches of material
has accumulated in the sump. ,
If you have any questions regarding this wetland replication planting report, please do
not hesitate to contact me at (978) 461-6247 or via email at
mhoward c@repsilonassociates.com.
Sincerely,
EPSIL N A OC 'T , Inc.
Michae rd
Senior Scien st
EngineerS'LON,S�„MWC.
s 0 Environmental Consultants
A e
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"Umber:
WPA Form 5 - Order of Conditions
242-1179
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from 7thdate of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same ti the appropriate Department of Environmental Protection Regional
Office (see Appendix A) the property owner(if different from applicant).
Signatures:
e
T C.
/IJ,
-T v"
On / Of
#.Day Month and ear
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and d ed.
Notary Public My Go miss' n Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on [recertified mail,return receipt requested, on
/3X13
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
c `
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1179
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. 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 Appendix E: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.
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.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc•rev.12/15/00 Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
L11 WPA Form 5 - Order of Conditions
242-1179
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information(cont.)
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:
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.12/15/00 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
rab Project Location
Mailing Address
retran
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendix E•rev.2/11/03 Page t of 2
a M
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
Appendix A).
4. 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.
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