HomeMy WebLinkAboutHOLBROOK REALTY TRUST (2) 1
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o `' •"`° ••" Town of North Andover RECEIVED
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Office of the Planning Department jo- Y I; BRADSHAW
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Community Development and Services Division - 1Y
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,ss�c►wg�t 400 Osgood Street
North Andover,Massachusetts 01845
Lincoln Daley http.//Www.townofnorthandover.com
Town Planner
P(978)688-9.535
F(978)688-9542 NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town Clerk.
Date: July 22, 2005
Date of Hearings: June 21 —July 5, 2005
Petition of: Sudarshan Chatterjee,M.D.
55 South Bradford Street,North Andover,MA 01845
Premises Affected: Lot#4,Willow Street,North Andover,MA 01845
Map 25, Lot 4.
Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, &
Section 8.3, 10.3 of the North Andover Zoning Bylaw for a Site Plan Review Special
Permit so as to allow for the construction of a proposed 3 story office building
approximately 7200 s.f with garage underneath to be used as ground floor. Property is
located within the B-4 zoning district.
At a public hearing given on the above date, the Planning Board voted to APPROVE a
Site Plan Review Special Permit,upon a motion made by Alberto Angles and 2'd by
James Phinney with language as amended, vote was unanimous 4-0.
i
Signed: _
Lincoln aley, T Planner
cc: Applicant
Engineer Richard Nardella, Chairman
Abutters John Simons, Vice Chair
Town Departments James Phinney, Clerk
Alberto Angles
I
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 6884540 PLANNING 688-9535
116f it 0
P
Site Plan Review-Special Permit Map 25,Lot 4
Lot#4 Willow Street
July 19,2005
The Planning Board herein approves the Site Plan Review Special Permit for the construction of
a 7,200 +/- s.f. 3-story office building. The building will be located in the General Business
Zoning District (GB) and shown on Map 25 Parcel 4, which is approximately 2.97 acres
(129,373 s.£) in size. with garage underneath to be used as ground floor. The proposed site will
be office space for medical services. The proposed building will be steel and brick and will
blend with the surrounding structures, while being sensitive with landscaping. The Site Plan
Review Special Permit was requested by Dr. Sudarshan Chatterjee, M.D. of North Andover,
MA. The application was filed with the Planning Board on May 20, 2005. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Sections
8.3, 10.3, of the Town of North Andover Zoning Bylaw and M.G.L. Chapter 40A, Section 9 &
11.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the GB zoning
district involving the construction of a permitted use of a 7, 200 s.f., 3-story office building
and parking lot consisting of 34 spaces. The North Andover zoning bylaw Section 3 (zoning
districts and boundaries)allows business offices within the GB zoning district.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has
been provided at the rear of the site to provide adequate screening for abutting properties.
All plantings and screening depicted on the approved plans, Sheet S-3, Erosion Control &
Landscaping Plan, dated September 24, 2004 (Revised 4/25/05), reference herein shall
remain in perpetuity over the life of the project.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has
demonstrated that the proposed improvements will not increase traffic flow at the building.
4. The landscaping as previously approved as a part of this plan meets the requirements of
Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements and
has been reviewed and approved by the Outside Consulting Engineer, Vanasse, Hangen
Brustlin, Inc;
G. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw with the exception of waivers granted within the Special Conditions.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use.
8. Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Section 8.35, but requires conditions in
Page 2 of 7
Site Plan Review- Special Permit Map 25,Lot 4
Lot#4 Willow Street
July 19,2005
order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. Environmental Monitor: The applicant shall designate an independent environmental monitor
who shall be chosen in consultant with the Planning Department. The Environmental
Monitor must be available upon four (4) hours' notice to inspect the site with the Planning
Board designated official. The Environmental Monitor shall make weekly inspections of the
project and file monthly reports to the Planning Board throughout the duration of the project.
The monthly reports shall detail area of non-compliance, if any and actions taken to resolve
these issues. The designated monitor may not be applicant and/or developer
2. Construction Monitor: The applicant shall designate an independent construction monitor
who shall be chosen in consultant with the Planning Department. The construction monitor
must be available upon four (4) hours' notice to inspect the site with the Planning Board
designated official. The Construction Monitor shall make weekly inspections of the project
and file monthly reports to the Planning Board throughout the duration of the project. The
monthly reports shall detail area of non-compliance, if any and actions taken to resolve these
issues. The designated monitor may not be the applicant and/or developer.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a. The final plan must be reviewed and approved by the DPW and the Town Planner and
subsequently endorsed by the Planning Board. The final plans must be submitted for
review within ninety days of filing the decision with the Town Clerk.
b. A bond in the amount of$5,000.00 must be posted for the purpose of insuring that the
completion of the work is in accordance with the Plans approved as part of this approval.
The bond must be in a form acceptable to the North Andover Planning Board: Items
covered by the bond may include,but shall not be limited to the following:
i. As-built drawings;
ii. On-site sewers and utilities;
iii. Topography and grading;
iv. Curb Cuts;
v. Parking spaces
vi. Lot and site erosion control;
vii. Site screening and landscaping;
viii. Drainage facilities.
4. Prior to the start of construction:
a. A construction schedule shall be submitted to the Town Planner for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
Page 3 of 7
Site Plan Review-Special Permit Map 25,Lot 4
Lot 44 Willow Street
July 19,2005
b. During construction, the site must be kept clean and swept regularly.
c. It shall be the responsibility of the developer to assure that no erosion on the site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-
site erosion will be a basis for the Planning Board making a finding that the project is not
in compliance with the plan; provided, however, that the Planning Board shallgive the
developer written notice of any such finding and ten days to cure said condition.
d. Yellow "Caution" tape must be placed along the limit of clearing and grading as shown
on the plan.
e. The applicant shall provide the Planning Board with copies of permits, plans and
decisions received from all other town boards, commissions or departments. In addition
to receipt of these plans, the applicant shall supply the Town Planner with a letter
outlining any and all revisions resulting from said permits, plans and decisions received
from other town boards, commissions and departments that differ from the approved
plans referenced in Special Conditions.
5. Prior to FORM U verification (Building Permit Issuance):
a. The Planning Board must endorse the final site plan mylars and three (3) copies of the
signed plans must be delivered to the Planning Department.
b. One certified copy of the recorded decision must be submitted to the Planning
Department.
c. The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
i. All structures must contain a commercial fire sprinkler system. The plans and
hydraulic calculations for each commercial system shall be submitted for review
and approval by 'the North Andover Fire Department. Plans and hydraulic
calculations for each commercial system must also be supplied to the Building
Department.
6. Prior to verification of the Certificate of Occupancy:
a. The applicant must submit a letter from the architect and engineer of the project stating that
the building, signs, landscaping, lighting and site layout substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b. The Town Planner shall approve all artificial lighting used to illuminate the site. All
lighting shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the site and shall be shielded or recessed so as not to
shine upon abutting properties or streets. The Town Planner shall review the site. Any
b the Town
required
changes to the approved lighting plan as may be reasonablyy
Page 4 of 7
Site Plan Review-Special Permit Map 25,Lot 4
Lot#4 Willow Street
July 19,2005
Planner shall be made at the owner's expense. All site lighting shall provide security for
the site and structures however it must not create any glare or project any light onto
adjacent residential properties.
c. The commercial fire sprinkler systems must be installed in accordance with referenced
accordance 9 Massachusetts State ccordance with 780 CMR Cha
standard NFPA 13D and in p
Building Code. Certification that the systems have been installed properly in accordance
with the above referenced regulations must be provided from both the North Andover
Fire Department and the North Andover Building Department to the applicant. The
applicant must then provide this certification to the North Andover Planning Department.
d. Any revisions to the approved signage plans must conform to Section 6, Signage and
Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be
approved by the Building Department. All additional permits must be obtained by the
applicant prior to construction.
7. Prior to the final release of security:
a. The Town Planner shall review the site. Any screening as may be reasonably required by
the Town Planner will be added at the applicant's expense. Specifically after the
detention pond is completed, the Town Planner will review the site and any screening as
may be reasonably required by the Town Planner will be added at the applicant's
expense.
b. A final as-built plan showing final topography, the location of all on- site utilities,
structures, curb cuts, parking spaces, and drainage facilities must be submitted to and
reviewed by the Town Planner and the Division of Public Works.
8. Any stockpiling of materials (dirt, wood, construction material, etc.)must be shown on a plan
and reviewed and approved by the Town Planner. Any approved piles must remain covered
at all times to minimize any dust problems that may occur with adjacent properties. Any
stockpiles to remain for longer than one week must be fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from the
structures or site.
10. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday
through Friday and 8:00 am 5:00 pm on Saturday.
11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in
replaced b the owner
I� re la
this decision that die within one year from the date of planting shall be p y
(by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity).
The replacement plants shall match the size and species as referenced in Condition#2.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
Page 5 of 7
Site Plan Review- Special Permit Map 25,Lot 4
Lot#4 Willow Street
July 19,2005
12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
13.No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
14. The provisions of this conditional approval shall apply to and be binding upon the applicant,
its employees and all successors and assigns in interest or control.
15. All snow storage is to be removed from the site and no snow shall be dumped into the
detention basin or adjacent to the wetland. Per order of conditions by the Conservation
Department as well as by the Planning Board.
16. Any action by a Town Board, Commission, or Department, which requires changes in the
plan or design of the building, as presented to the Planning Board, may be subject to
modification by the Planning Board.
17. TheJro'ect must be built in accordance with the herein referenced plans and specifications
p
and in full accordance with the design elements and features displayed and discussed during
the Public Hearings. Any revisions shall be submitted to the Town Planner for review in
accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole
discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant
must submit revised plans to the Planning Board for approval.
18. This Site Plan Review Special Permit approval shall be deemed to have lapsed after July 19,
2007 (two years from the date permit granted) unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority vote of the
Planning Board.
19. The following waivers from the Section 8.3.5.e of the North Andover Bylaw have been
GRANTED by the Planning Board:
a. A waiver to Section 8.3.5.e.v. has been granted to waive the requirement of providing
two-foot (2') contours on the plan. The existing topography and level grade on the site
prevents this detail from being added.
b. A waiver to Section 8.3.5 has been granted so as to allow the applicant to include a traffic
statement to the Technical Supplement based on the ITE Trip generation guidelines.
c. A waiver to Section 8.3.5 has been granted to waive the requirement of identifying site
trees over 12" in diameter.
20. The following information shall be deemed part of the decision:
Plan Titled: Site Development Pians for Willow Street
Page 6of7
Site Plan Review-Special Permit Map 25,Lot 4
Lot#4 Willow Street
July 19,2005
Map 25, Parcel 4
Prepared for: Dr. Sudarshan Chattedee
55 South Bradford Street
North Andover, MA 01845
Prepared By: CAQ Engineering Associates, Inc.
236 Pleasant St., Suite 22, Methuen, MA 01844
Carlos A. Quintal,Registered Professional Engineer
#30912
,Scale: 1" =20'
Sheets: S-1 thru S-6. Al thru A3
Date: 9/24/2004/revised 11/8/04, 1/27/05, 2/15/05, 3/21/05, 4/25/05
Page 7 of 7
NORTH
Town of North.Andover
RECEIVES
ti . * Office of the Planning Department. RRp , w
x o'` r Community Development and Services thvis & 'l.IK
•
'3sACON 400 Osgood Street .
North Andover,Massachusetts 01845 [t,��
Lincoln Daley http_//www.townoftiorthandover.com �!
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town Date: July 22,2005
Clerk. Date of Hearings: April 5,thru May 17,2005
Petition of: Claude& Laura Elias.
119 Hooker Farm Road, Salem,N.H. 03079
Premises Affected: 9 Winter Street
Map 103, Lot 120
Referring to the above petition for a Watershed Special Permit from the requirements of
the North Andover Zoning Bylaw, Section 4.136.
So as to allow the construction of a single family dwelling within the Watershed with
roadway, driveway, installation of utilities, grading and storm water management and
erosion control measures,for the purpose of creating a 500' +paved private roadway to a
proposed single-family dwelling unit located on Winter Street, Map 103, Lot 120.
At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a
Watershed Special Permit,upon a motion made by Richard Nardella(regular member
May 05), 2nd by James Phinney,with language as amended, vote was unanimous 4-0.
Signed:
Lincoln Daley, To Planner,
cc: Applicant for the Planning Board
Engineer
Abutters
Town Departments
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
The Planning Board hereby grants the Watershed Protection District Special Permit, and makes
the following findings based on the application of Claude&Laura Elias, 119 Hooker Farm
Road, Salem,NH 03079,who submitted this application on March 3, 2005. The applicant
submitted a complete application which was noticed and reviewed in accordance with Section
4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
The area affected includes the unimproved.section of Winter Street in the R-1 Zoning District
and is identified as 0 Winter Street, Map 103, Lot 120. The applicant is requesting a watershed
special permit to permit certain work related to the construction of 12' x 500'+impervious
private roadway("driveway")and related grading in the Conservation,Non-Discharge, and Non-
Disturbance Zone of the Watershed Protection District. The purpose of the project is to create an
access roadway to the single-family residential dwelling unit located on Map 103, Lot 120. The
parcel was created in 1997 and is subject to the Watershed Protection District provision for lot
created after October 24, 1994.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,as well
as its specific criteria, are met. Specifically the Planning Board makes the following FINDINGS
OF FACT:
1. That as a result of the proposed construction in conjunction with other uses nearby, there will
not be significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this finding on the following facts:
a) The proposed permanent roadway, asphalt berm, water main, hydrant, and drainage
infrastructure will remain private and be maintained in perpetuity by the owner of the
subject lot, Map 103, Lot 120 and is subject to all of the conditions set forth in the approved
Definitive Subdivision decision dated March 17,2005.
b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides,
herbicides, and salts)that can be used on the private roadway.
c) The topography of the existing unimproved section of Winter Street will not be altered
substantially. The roadway design allows for minimal wetland impacts and is designed to
follow the contours and topography of the existing unimproved section of Winter Street.
d) The construction of roadway improvements will be limited to the area within the existing
stonewalls along Winter Street. Said roadway was designed to limit of disturbance and
impact on the bordering water resource areas and will not exceed twelve (12) feet in width
of impervious surface.
e) Certification has been provided by a registered professional engineer that the single-family
residential dwelling unit and associated driveway will not have an effect on the quality or
quantity of runoff entering the watershed protection district.
f) The construction of the single-family residential dwelling unit and associated driveway has
been reviewed by the Town's Engineer and with the application of the erosion control
Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20
Conditional Approval
Winter Street
measures, there will be negligible degradation to the quality or quantity of water in or
entering Lake Cochichewick or any water resources areas.
2. There is no reasonable alternative location outside the Conservation,Non-Discharge,and Non-
Disturbance Zones for any discharge or construction activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes
the following:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
2) The use will not adversely affect the neighborhood as the lot is located in a residential zone;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The existing lot meets the minimum lot area requirements for a lot within the R-1 District as
shown in Table 2 of the North Andover Zoning By-laws.
6) The Planning Board also makes a specific finding that the use is in harmony with the general
purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based upon the
following conditions:
1) SPECIAL CONDITIONS:
a) The Town Planner shall approve any changes made to these plans. Any changes deemed
substantial by the Town Planner would require a public hearing and modification by the
Planning Board.
b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control
Monitor to inspect the site during construction activities, specifically during installation
of the driveway and utility connections. The Erosion Control Monitor shall conduct
weekly inspections and provide a monthly written report of the site conditions and
recommended stabilization measures. Disturbed slopes shall be immediately seeded.
c) This permit shall meet all of the requirements and conditions stated in the Definitive
Subdivision Plan Decision issued March 17,2005 for Map 103, Lot 120.
2) PRIOR TO ISSUANCE OF A BUILDING PERMIT:
Page 3 of 5
Watershed Special Permit Winter Street Roadway Improvements Map 103,Lot 20
Conditional Approval
Winter Street
a) A performance guarantee of$1,000.00 in the form of a check made out to the Town of
North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be
submitted.
b) All erosion control and stormwater management measures as shown on the plan must be in
place and reviewed by the Town Planner.
c) No pesticides,fertilizers, salts,or other chemicals shall be applied within the right-of-way or
directly to the private roadway. The applicant shall incorporate this condition as a deed
restriction and a copy of the recorded deed shall be submitted to the Town Planner
and included in the file.
3) PRIOR TO RELEASE OF THE PERFORMANCE BOND:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches,
sediment and oil separator, private roadway layout, and other pertinent site features. This
as-built plan shall be submitted to the Town Planner for approval. The applicant must
submit a certification from the design engineer that the site was constructed as shown on the
approved plana
b) The Planning Board must by a majority vote make a finding that the site is in conformance
with the approved plan.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced below.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant,it's
employees and all successors and assigns in interest or control.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date May
17, 2005 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Prepared for: Claude &Laura Elias
Prepared by: Joseph J. Serwatka,P.E.
Page 4 of 5
Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20
Conditional Approval
Winter Street
P.O.Box 1016
North Andover,MA 01845
Scale: 1"=20'
Sheets: 1 and 2
Date: April 20,2005 and revised June 6,2005
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
Page 5 of 5
4 %AORTH
Town of North Andover
Office of the Planning Department xi
Community Development and Services Division
400 Osgood Street ���swcwUs�tty
North Andover,Massachusetts 01845
Town Planner b"d www.townofnorthandover.com P (978)6W9535
NOTICE OF DECISION F (978)(O", 2
Any appeal shall be filed. -
within(20) days after the
date of filing of the notice Date: March 16,2005
in the office of the Town Clerk. Application Filed: November 19, 2004
Date of first hearing: December 21,2004
thru March 1,2005
Date of Decision: March 15, 2005
Petition of Sudarshan Chaterjee
55 South Bradford St.
North Andover,MA 01845
Premises affected: Lot#4 Willow Street,North Andover,MA 01845
Map 25,Lot 4
Referring to the above petition for a Site Plan Review Special Permit. Te application was
noticed and reviewed in accordance with the procedures for approval described in
Sections 40A and 11, and 8.3 of the Town of North Andover Zoning Bylaw.
So as to allow: to permit the construction of aproposed 3-story office building,
approximately 7200 s.f with garage underneath to be used as ground
floor.
At a public hearing given on March 15,2005,upon a motion made by Alberto Angles
and 2"d by John Simons,the Board voted to allow the petitioner to withdraw without
Prejudice, as long as the petitioner resubmits a complete application upon refilling of this
petition. Board reserves the right to waive the filing fees relative to this petition. Vote
Was unanimous 5-0.
Signed•. ... )-4AZ/,
Lincoln Daley,To4n Planner
Alberto Angles, Chairman
cc: applicant George White,Vice Chairman
engineer John Simons
abutters Richard Nardella
Town departments James Phinney
a Mecision4wi11owSt.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Mar 15 05 10: 00a p. 1
Mar 11 05 11:57a NORTH RNDOVER 979600954',
P•2
TO: Town of North Andover
pkmi ag Depart
404 Osgood Street
North Andover,MA 01845
phone: (1)78)638-9535
fax: (!)78)sM.9542
Please be advisod the►.I wish to withdraw my applicatmn from the Planning hoard for
property located at:
SIREE'C i�L' / �crz L 1 / c'E 7—
TOWN: / u /` 7lTc fe,cY
NAME OF PIiTMONER:
SIGNED: ✓ � �� � iS.�
Petitioner or petitioner's tnre� ,�- +�� e's 4-
PLANNING BOARD:
(Plamog Board or Planning Board Agent)
By my above signature,I hereby agree to the fallowing:
I. That the vote is with or without prejudice.
2. That future submittals will require a new application.
1 That aim►now application wZ raguue a complete filing with applicatk
kes ander the curreat regulations. (`LVOT,;v-�')
MiAvbhd.w \
--2 v-7
r
Y
Massachusetts Department of Environmental Protection
I
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Sudarshan Chattedee
use the return a. First Name b.Last,Name c.Company
key. 55 South Bradford Street
d.Mailing Address
t6 North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Leonard Annaloro Holbrook Realty Trust
a.First Name b.Last Name c.Company
79 Salem Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
5. Project Location:
Willow Street North Andover
a.Street Address b.City/Town
Map 25 Parcel 4
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
3911 183
c.Bookd.Page
9/28/04 f3 OS S s
7. Dates: a.Date Notice of Intent Filed b.Datef Pubic Hearing Closed c.bate of 4ssuance
a. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Development Plans
a.Plan Title
CAQ Engineering Associates, Inc. Carlos A. Quintal, P. E.
b.Prepared By c.Signed and Stamped by
9/24/04, revised 3411b5 1"=20'
d.Final Revision Date I Ie.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $ 1, 582.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.12/1/04 Page 1 of 9
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
f. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. Z Groundwater Supply n. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations.This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
s. ❑ Bank
a.linear feet b.linear feet c.linear feet d.Linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.12/1/04 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Farm 5 — Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet
Sq ft between 100-200 ft
e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
lo. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.cty nourishmt. d.Gy nourishmt.
13. ❑ Coastal Dunes
a.square feet b.square feet c.cty nourishmt. d.cty nourishmt
14. ❑ Coastal Banks
a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.12/1/04 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. if this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order isnot final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property.In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 242-1279
wpaform5.doc• rev.12/1/04 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.12/1/04 Page 5 of 9
Massachusetts Department of Environmental Protection
l �
Bureau of Resource Protection -Wetlands SEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
2. [] that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
s. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more
space for c. The special conditions relating to municipal ordinance orb law are as follows:
additional See Attached
conditions,
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attach a text
document
wpaform5.doc• rev.12/1/04 Page 6 of 9
DEP FILE#242 - 1279
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 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 8.3 (p.37) of the North Andover Wetland
Regulations).
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.
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DEP FILE #242 - 1279
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. This Order of Conditions is issued under File No. 242-1279.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. 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.
28. The proposed work includes: The construction of a 7,200 s.f two story commercial office
building with associated grading, parking,utilities and stormwater management
systems within a bordering vegetated wetland (for access purposes) and associated
buffer zones. Proposed work also includes a 609-s.f-wetland replication area (2:1
mitigation as required in the Wetlands Bylaw regulations).
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: Dr. Sudarshan Chatterjee (Applicant)
55 South Bradford Street
North Andover,MA 01845
Entitled "Technical Supplement-Site Plan Application-
Notice of Intent"
Dated 9/27/04;Revised 1/27/05
Site Plans and NOI
Prepared by: CAQ Engineering Associates,Inc.
236 Pleasant Street, Suite 22
Methuen,MA 01844
Plans Entitled: "Site Development Plans for Willow Street- Map 25 Parcel 4
North Andover, Massachusetts". Dated September 24,2004;
Revised 11/8/08,1/27/05,2/15/05, &3/21/05. Signed&
Stamped by Carlos A. Quintal,P.E.
Wetland Replication
Report Prepared by: Basbanes Associates
Wetlands Consulting
39 Hardy Street
Dunstable,MA 01827
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DEP FILE #242 - 1279
Entitled "Wetland Replication Plan" dated November 16,
2004,revised 2/18/05.
Operation&Maintenance
Plan Prepared by: CAQ Engineering Associates, Inc.
236 Pleasant Street,Suite 22
Methuen, MA 01844, Received date 3/23/05
Other Record Documents: Technical Review Letter prepared by Eggleston
Environmental,dated December 21,2004;
Response Letter prepared by CAQ Engineering Associates,
Inc., dated January 27,2005,
Technical Review Letter prepared by Eggleston
Environmental, dated February 9,2005;
Response Letter prepared by CAQ Engineering Associates,
Inc., dated February 22,2005;
Technical Review Letter prepared by Eggleston
Environmental,dated March 9,2005;
Response Letter prepared by CAQ Engineering Associates,
Inc., dated March 21,2005;
Technical Review Letter prepared by Eggleston
Environmental, dated April 12,2005.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland(BVW) and Bordering Vegetated Wetland (Limited
Project-239 s.f. of disturbance).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. The delineation was approved under
an ORAD (242-1235) issued on 1,/29/04.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone
and a fifty foot(50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except in those locations as shown on the approved plan
referenced herein for the access drive and culvert crossing. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive these
CAWinword\00C\Wi11owSt.doc 3 NACC 513105
DEP FILE #242 - 1279
setbacks as established under the local bylaw. No disturbance of existing grade,soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
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.
34. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. 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 609 sq,ft. of wetland replication to be
adequate. The replication areas shall be constructed prior to other construction activity
on site and this sequence shall be reflected in the construction sequence. (Refer to Section
8.3 (p.37) of the local Regulations for performance standards). The replication area shall be
planted in accordance with the Wetland Replication Plan referenced herein by a
qualified wetland specialist. Construction activities shall not occur on the site until the
NACC has reviewed and approved the completed wetland replication area.
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.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods.No work shall be undertaken until the Final 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
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DEP FILE #242 - 1279
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.
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 242-1279."
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. IMPORTANT-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.
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 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.
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DEP FILE #242 - 1279
44. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.)
shall stake the foundation corners of the proposed building to verify that the 50-foot
No-Build setback will be adhered to. The Conservation agent shall verify these
measurements during the pre-construction meeting.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent erosion. 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
Commissions request.
46. 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.
47. A check payable to the Town of North Andover shall be provided in the amount of
$10,000,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.
48. 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
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DEP FILE #242 - 1279
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 functioning as intended. In addition, all wetland resource areas must be visually
inspected for siltation, turbidity, and/or other water quality impacts.
49. The project is subject to NPDES permit compliance and will require a Construction
Stormwater Pollution Prevention Plan(SWPPP). A final copy of this SWPPP shall be
submitted to the Conservation Department for review prior to construction activities.
50. 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 after to
the closing of said land transaction.
51. 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).
11STORMWATER MANAGEMENT CONDITIONS
52. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents and plans submitted with the Notice of Intent, the
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DEP FILE #242 - 1279
Department of Environmental Protection Stormwater Management Policy and as approved
by the NACC in this Order of Conditions.
53. 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. Evidence of maintenance of the stormwater management system
shall be provided to the NACC on an annual basis by a Registered Professional Civil
Engineer. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line and annual reports must continue to be submitted until
the issuance of a Certificate of Compliance. Compliance of the system with the design
basis and the Order of Conditions shall be certified by a Registered Professional Engineer
to the Conservation Commission or its Agent prior to the issuance of a Certificate of
Compliance.
54. 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.
55. Water quality down gradient of BVWs 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.
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.
57. Immediately upon the installation of the catch basin(s),silt sacks or equivalent to,shall
be installed under the grates to prevent/restrict sediment from entering the drainage
system or adjacent wetlands. Silt sacks shall be cleaned after any rainfall event of 1" or
greater or as directed by the Erosion Control Monitor, Site Supervisor,Project Manager,or
Conservation staff.
DURING CONSTRUCTION
58. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site,the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)
which accurately depicts the foundation location and it's proximity to wetland resource
areas as approved under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
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59. The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and / or habitat do not occur.
60. 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.
61.The Erosion Control Monitor shall be on site at all times during the wetland crossing
for the construction of the access drive and installation of the box culvert. Erosion controls
shall be installed and/or reinforced in this location on a daily basis to prevent sediment
migration to the adjacent resource area or to the nearby inlet structures (catch basins).
62. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
63. A crushed stone construction entrance shall be installed to minimize soil/material
tracking onto Willow Street. This entrance shall be reinforced as necessary.
64.Willow Street shall be swept at least once per week or as directed by the Erosion
Control monitor,the Site Supervisor,Project Manager,or the Conservation staff for as
long as the site remains exposed and unstable.
65. At the end of each growing season, a progress report of the relative success or failure of
the replication effort shall be conducted by a biologist,botanist,or wetlands specialist and
submitted to the Department of Environmental Protection(DEP) and the North Andover
Conservation Commission for review and approval. If at the end of the second growing
season, compliance with 310 CMR 10.55 (4)(b)(6) is not achieved, the NACC maintains the
right to require additional mitigative measures.
66. 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 Compliance is issued and the owner or his/her agent shall so specify in the request
for Compliance.
67. The sewer lines on the site,where they cross wetland resource areas, shall be tested for
wafter tightness in accordance with North Andover DPW standards.
68. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while dewatering is
occurring. De-watering activities shall be conducted as shown on the approved plans 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
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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.
69. 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.
70. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
71. 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.
72. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
74. 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.
75. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
76. 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
77. 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.
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DEP FILE#242 - 1279
78. 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.
79. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and all snow shall be removed from site in perpetuity as referenced in the
Operation & Maintenance Plan attached herein. Permanent signs designating"No-Salt
Zone" and "No-Snow Stockpiling" shall be displayed in prominent locations throughout
the site.
80. Prior to the issuance of a certificate of compliance,the applicant or legally transferred
property owner,shall submit a final snow removal plan and contractual snow removal
agreement to the Conservation Department for review and approval. This agreement shall
also specify the procedures for perpetual snow removal on the site should ownership
and/or the designated contracts change.
81. Prior to the issuance of a certificate of compliance,the applicant or legally transferred
property owner,shall provide written documentation to the Conservation Department and
the Department of Public Works (DPW) indicating that a deed restriction will be placed on
the property relative to the proposed box culvert to state that any and all future
maintenance and/or repairs to the culvert be the responsibility of the property owner(s) in
perpetuity.
82. Upon completion of work,the applicant shall permanently mark the edge of wetland
resource areas and the "No-Disturbance Zone"with twelve (12) signs or markers spaced
evenly every 50 feet designating their sensitivity. This will ensure 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.
83. 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.
84. The Operation & Maintenance Plan is fully binding upon the applicant,and or owners,
successors,agents,associations,heirs,and assigns and must be adhered to in perpetuity.
The North Andover Conservation Commission must be notified upon creation of
associations or agencies responsible for the perpetual implementation of the Operation &
Maintenance Plan.
85.Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
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DEP FILE#242 - 1279
86. 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 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. A written statement from a Professional Wetland Scientist certifying that the
wetland,replication areas are 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.
j. 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.
➢ 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 aanv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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DEP FILE #242 - 1279
87. 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. 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
(Condition#32);
➢ Maintenance of catch basins (Condition#66);
➢ Discharge or spillage of pollutants (Condition#76);
➢ Prohibition of underground fuels (Condition #77);
➢ Limitations on the use of fertilizers, herbicides,road salts,de-icing
compounds and pesticides (Conditions #78 & #79);
➢ Prohibition of snow stockpiling/Snow Removal (Conditions #79 & #80);
➢ Maintenance/Repairs to culvert(Condition#81);
➢ 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. (Condition
#84).
CAWinword\00C\Wi11owSt.doc 13 NACC 513105
r �
DEP FILE #242 - 1279
APPENDIX A—AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am theof
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
' 20___, 1 inspected said property together with any and
all improvements,which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of ,20
(Authorized agent of applicant or owner)
)
CAWinword\00C\Wi11owSt.doc 14 NACC 5/3/05
y
RECEIVED
L�
MAR 2 3 2005
Oyetu an do Maintenance PlanNORTH ANDOVER
CONSERVATION COMMISSION
1.0 Introduction
The Stormwater management program for parcel 4 Willow Street, North Andover,
MA has been designed to mitigate potential impacts to the quality and quantity of
stormwater flowing from the site. In order to ensure that the stormwater management
facility performs adequately, a regular schedule of maintenance is required. The
following is an overview of the Stormwater Management Facility design followed by
the recommended maintenance schedule.
1.1-Maintenance Schedule
Annual maintenance
1. Inspect all structures. Remove any debris.
2. Remove excessive debris from stormwater detention facilities.
Monthly maintenance
1. Ensure inlet and outlet structures are free of debris.
2. Remove any large debris from stormwater detention facility.
Semi-annual maintenance
1. Sweep parking lot, with once occurring after last Winter sanding.
2. Inspect the leaching trench at manhole and clean any debris
3. Clean sump at entrance catch basin.
4. Remove debris on rip rap apron.
5. Inspect the leaching trench manhole base, for sediment.
Performance-based maintenance
1. Remove sediment/debris from stormwater detention facility when the depth
exceeds three inches.
2. Remove debris from Stormceptor in March&May,each year to remove excess
sand.
3. Inspect the leaching trench manhole, following every large storm(>2 inches).
1.2 —Snow Removal: snow shall be removed from the site, in perpetuity.
1.3 - Owner of Record—Holbrook Realty Trust
Developer—Dr. Sudarshan Chatter ee
P ,
Massachusetts Department of Environmental Protection DEP r=ile Number:
�-- Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special OS
condition pursuant to General Conditions#4, from the date of issuance. 1.Date nf Iss ance
Please indicate the number of members who will sign this form: y
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Region ce, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
r
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day a'7 of r' 0200$
MontA Year
Before me, the undersigned Notary Public, .S c&4 m4,u sd
personally appeared Name of Document signer
proved to me through satisfactory evidence of identification, which was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
DONNA K WSW
WrARYPUBILIC
oaWAONMIEAIJNawi8sAp+usErn
KVCaMExpiftAu0.7,2= Signature of Notary Public
Pnnted Name of I Notary Public
Place notary seal and/or any stamp above ' /J -7 1 "�Gb 1
My Commissi n Exp'es(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on dby certified mail, return receipt requested,on
sl�los
Date Date ��
wpaform5.doc• rev.12/1/04 Page 7 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G,Recording Information is available on the following page.
wpaform5.doc• rev.12/1/04 Page 8 of 9
i � f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1279
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
Ta
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1279
Project Location DEP File Number
Has been recorded atthe 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
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