HomeMy WebLinkAboutMASSACHUSETTS ELECTRIC CO NORTH ANDOVER OLDE CENTER HISTORIC
DISTRICT COMMISSION
Certificate of Appropriateness
This certificate of Appropriateness is issued this
Twentieth day of November 2003 to the Town of North
Andover for the new landscaping at the town Common in
accordance with Chapter 40C of the General Laws of the
Commonwealth of Massachusetts as amended and the by-
laws of the North Andover Olde Center Historic District
Commission.
This will allow the landscaping renovations on the
common with the plans and Narrative approved at this
ting.
Georgeb. Schrue er, Jr. Chairman
len S
joert Stevens
10
4^✓
Martha Larson
. moi/'• � -�
Leslie Hopkins
Harry Aznoian
Richard Michael Gramly
Kathleen M. Brown
Massachusetts Department of Environmental Protection
DEP File Number.
-- Bureau of Resource Protection - Wetlands
WPA Form 5 -- Order of Conditions 242-1231Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Genera! 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):
Massachusetts Electric Co. c/o Melissa Hall See NOI Attachment G
Name Name
1101 Turnpike Street
Mailing Address Mailing Address
North Andover MA. 01845
City/rown State Zip Code City/Town State Zip Code
1. Project Location:
North Andover Commons North Andover
Street Address City/Town
Maps 58, 58B, 59, 96 and 97 See Abutters List
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
County Book Page
Certificate(if registered land)
3. Dates:
11/20/03 j 1►Y to ►f�glQ y
Date Notice of intent Filed Date Public Hbaririg Closed Date— e ofissst ante
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NOI November 2003
Title Date
Key Plan Sheets 1 of 13 10/14/03
Title Date
Part Plan-Transformer Pad w/Oil containment 117/04
Title Date
5. Final Plans and Documents Signed and Stamped by:
Richard E. Costa, P. E.
Name
6. Total Fee:
$305
(from Appendix B:Wetland Fee Transmittal Form)
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Massachusetts Department of Environmental Protection
DEP File plumber.
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1231
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 ® 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.
I
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Massachusetts Department of Environmental Protection
DEP File Number:
Ll
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1231
Provided by DEP
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, piaster,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.
s
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property.In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"[or,"MA DEP"]
"File Number 242-1231 "
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..12115/00 Page of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
242-1231
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
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.
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DEP FILE#242- 1231
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
ontrolGENERAL 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 ByL,aw 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 Carder (Refer to Section 8.3 of the
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North Andover Wetland Regulations).
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DEP FILE#242- 1231
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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 shallbe 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: Conversion of overhead utilities to
underground utilities including electric,telephone,cable and gas within
Osgood:Street,Massachusetts Avenue,Johnson Streets Milk Street,
Academy Road,Old Village Lane,Cranberry Lane,Phillips Brook Road,
Bay State Road,Chestnut Street;Oak Avenue,Andover Street associated
with the Town Common Project.Work in several locations will be located
within the buffer zone to bordering vegetated wetland.
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: Massachusetts Hectric Company
1101 Turnpike Street
North Andover,MA 01845
Dated November 21,200
Site Plans prepared by: National Grid USA Service Company,
Inc.,Westboro,MA
CAWinwordt000242-1231.doc 2 NACC 1/15/04
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DEP FILE#242 - 1231
Entitled: *Key Plan, Sheet 1 of 13, dated 10/14/03,stamped 12/3/03;
*Plan-Andover St./Chestnut Street,Sheet 2 of 13, elated
10/14/03, stamped 12/3/03;
*Plan:-Andover St/Chestnut Street,Sheet 3 of 13, dated
10/14/03, stamped 12/3/03;
*PIan-Osgood Street,Sheet 4 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan-Osgood Street/Mass. Ave.,Sheet 5 of 13,dated
10/14/03, stamped 12/3/03;
*Plan-Osgood Street/Academy Road,Sheet b of 13, dated
10/14/03,stamped 12/3/03;
*Plan-Osgood Street;Sheet 7 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan-Milk Street./ Johnson Street,Sheet 8 of 13,dated
10/14/03,stamped 12/3/03;
*Plan-Johnson Street,Sheet 9 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan-Massachusetts Ave.,Sheet 10 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan-Andover S#./Massachusetts Ave.,Sheet 11 of 13,
dated 10/14/03, stamped 12/3/03;
*Construction Details (1 of 2).,Sheet 12 of 13, dated
10/14/03,stamped 12/3/03;
*Construction Details(2 of 2).,Sheet 13 of 13, dated
10/14/03, stamped 12/3/03;
*Part Plan,Transformer Pad w/ Oil Containment
Great Pond Road, dated 1/7/04;
Letters: December 17,2003 prepared by Massachusetts Electric;
November 20,2003 prepared by Mark Rees, North Andover
Town Manager;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of Comcast;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of Verizon;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of BayState Gas Co.;
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DEF FILE #242- 1231
29. The following wetland resource areas are affected by the proposed work-
Buffer
orkBuffer Zone to Bordering Vegetated Wetland. 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 applicants delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
33. The NACC finds that the intensive use of the upland areas and buffer zone
proposedon 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{251 No-Disturbance Zone and a fifty foot(MY).No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
(except in those areas previously disturbed as shown on the approved pians).
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 except for the utility installation within roadways
and disturbed shoulders. (See Section 3.4&Appendix F of the iocni
Regulations).
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
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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
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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. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
35. 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.
36. 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 Neth
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.
37.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'?Aassachusetts DEP,File
Number 242:1231.
38.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
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DEP FILE #242- 1231
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.
39.All recorded easements associated with accessing over private properties
must be submitted to the Conservation Commission prior to construction.
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 erasion 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-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
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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 30 hay bales and sufficient stakes for staking
these bales(or an equivalent amount of silt fence). Said bales shall be used:
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the
amount of$5000 which shall be in Al 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 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. Proof of the retained
monitor must be submitted to the Conservation Department on letterhead
by the retained consulting firm. This person shall be given the authority
to stop construction for erosion control purposes. The 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 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
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DEP FILE#242 - 1.231
functioning as intended. In addition, all wetland resource areas must be
visually inspected for siltation, turbidity,and/or other water quality impacts.
47.The erosion controls must be installed at the toe of the slope associated
with the fill used for grading of the containment spill pad off Great Pond
Road.
48. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC
prior to transferring, or assigning any portion of said land to another party,
subject to said Orders of Conditions,the"Compliance Certification Form
Affidavit attached via"Appendix A"signed under the pains and
penalties of perjury,stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced
herein and shall be provided to the Conservation Department at least five
(5) business days prior to the closing of said land transaction
49. 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 permifs terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided
as notice of the pre-construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
50. 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.
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51.Any de-watering activities anticipated shall be supervised and witnessed
by the designated erosion control monitor. This designee must be on-site
while work specific to dewatering is complete. Ike-watering activities shall
be monitored daily by the erosion control monitor to ensure that sediment
laden water is appropriately settled prior to discharge toward the wetland
resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act 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.
52. A containment pad must be installed around the transfer pad located off
Great Pond Road.
53.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,
piaster,wire,lath,paper,cardboard,pipe, tires, ashes,refrigerators, motor
vehicles or parts on any of the foregoing.
54. No exposed area shall remain unfinished for more than thirty(30) days,
unless approved by the NACC.
55. 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.
56.There shall be no stockpiling of soil or other materials within twenty-five(25)
feet of any resource area.
57.Washings from concrete trucks,or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
58. 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 54Y of areas subject to Mtection under the Act or
local ByLaw.
59. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project
CAWinwwdX)OCt242-1231.doc 9 NACC 1/15/04
4 i
DEP FILE #242 - 1231
60. 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 NA.CC
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
61. No underground storage of fuel oils shall be allowed on any lot within one-
hundred(100)feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland protection
ByLaw.
62. 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.
63. 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.
64. Upon complete stabilization of the site,erosion controls shall be removed and
disposed off properly. All unstabilized areas under the erosion controls shall
be seeded immediately.
65. 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
II submitted with the request for a Certificate of Compliance indicating
CAWinword\00C\242-1231.doc 10 NACC 1/15/04
DEP FILE#242- 1231
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer
(and/or Registered Professional Land Surveyor) of the
Commonwealth certifying that the work has been conducted as shown
on the plan(s)and documents referenced above, and as conditioned by
the Commission
i. An"As-Built' plan prepared and signed and stamped by a Registered
Professional Civil Engineer(and/or Registered Professional Land
Surveyor) of the Commonwealth,for the public record. This plan will
include:
➢ "As-Built"post-development elevations of all drainage&
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If,portions of the
stormwater systems exist partially within the Buffer Zone than
the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
➢ "As-Built" locations of all restored areas within the 25' buffer
zone.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to)septic systems, additions, fences,
sheds,stone walls,pools,retaining walls,subsurface utilities
and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes M disturbance of
soils or vegetation
Location of all subsurface utilities entering the property.
66. The following special conditions shall survive the issuance of a Certificate
�I
of Compliance(COC)for this project:
CAWinwor&00C\242-1231.doc I1 NACC 1/15/04
• i
DEP FILE#242 - 1231
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. 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;
➢ Discharge or spillage of pollutants (Condition #60);
➢ Prohibition of underground fuels(Condition #61);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #62).
I
CAWmword\OOC\242-1231.doc 12 NACC 1/15/04
Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1231
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
Condition from the date of issuance.
) 1,'Z/tP y
Date
This Order must be signed b a majority,g y of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) r hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time to th appropriate Department of Environmental Protection Regional
Office(see Appendix A)and the pro owner(if different from applica
Signat res:
Ll�k�/-I h
On f Of
Day Mo6th and Year
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 deed.
jV,7 -24 C
Noltary Public My CoAmi4sion Expires
This Order is issued to the applicant as follows:
by hand delivery on [` by certified mail,return receipt requested,on
51e,
I
Date Date i
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 -- Order of Conditions 242-1231
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
II
Wpaform5.doc•rev.12/15/00 Page 6 of 7
1• R
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 order of Conditions 242-1231
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:
242-1231
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
1 f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
1 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)
Project Location
Mailing Address
rim
City/Town State Zip Code
s
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
Q 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.12/22/03 Page 1 of 2
t
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
I
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 sante time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
s
III
wpaform5.doc•Appendix E•rev.12122/03 Page 2 of 2
NORTH ANDOVER OLDE CENTER HISTORIC
DISTRICT COMMISSION
Certificate of Appropriateness
This certificate of Appropriateness is issued this
Twentieth day of May 2004 to the Town of North Andover
for Parking and traffic light at the olde center in accordance
with Chapter 40C of the General Laws of the
Commonwealth of Massachusetts as amended and the by-
laws of the North Andover Olde Center Historic District
Commission.
This will allow the installation of new parking and a
traffic light in the area around the Common with the plans
and Narrative approved at this eeting. Wi N
1(7�4, 6,;F -
George H. Schrue Jr. Ch rman
K/athleen Szys
Cl
Robert gievens
Martha Larson
Z
Leslie Hopkins
Harry. znoian
Patricia Long - ='
C,
Richard Michael Gramly �
Ka Erown-
J
^ f.
U .,,.
J � 1"
L: Ll
NORTH ANDOVER OLDE CENTER HISTORIC DISTRICT
COMMISSION
CERTIFICATE OF NON-APPLICABILITY
This certificate of non-applicability is issued this twentieth day of May
2004 to the Town of North Andover in regards to the property in the olde center in
accordance with Chapter 40C paragraphs 5 through 10 of the General Laws of the
Commonwealth of Massachusetts as amended and the by-laws of the North Andover
Olde Center Historic District Commission. This will allow the Utilities companies to
install underground utilities in the old center district. The style of the new street lights
must come before the board for approval at a future date.
q/{^/� &ch
e
Y CI
George . Jr.
Chairman
NORTH ANDOVER OLDE CENTER HISTORIC
DISTRICT COMMISSION
Certificate of Appropriateness
This certificate of Appropriateness is issued this
Eighth day of June 2004 to the Town of North Andover for
Parking and traffic light at the olde center in accordance
with Chapter 40C of the General Laws of the
Commonwealth of Massachusetts as amended and the by-
laws of the North Andover Olde Center Historic District
Commission.
This will allow the installation of new parking and a
traffic light in the area around the Common with the plans
arANarrative roved at this meeting.
George H. Sc ender Jr. Chairman
athlee a
Robert Stevens
Martha Larson
Les ie Hopkins
Harry Aznoian �..
Patricia Long- _ =
,.,
Richard Michael Gramly
O
Kathy Brown
711
The following were approved at the June 8, 2004 meeting
.t nF i\il
1. Pavers on Osgood Street Parking will be a mixture of gray colors.
2. Brick side walk in front of the General Store.
3. Gray pavers that are like cobble stones abutting Round About.
4. Splitter Island will have pavers on top with rough surface. Color to be
close to color of the granite.
5. Cross Walks will have mixture of Gray colors
6. In front of Church no expansion of paving other than what is needed for
Sidewalks.
7. The empire traffic designs for the traffic light.
George H. Schruender
Chairman