HomeMy WebLinkAboutMiscellaneous - 1001 Turnpike Street (3)CI
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B f"lificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
"Q
A. Project Information
1. This Certificate of Compliance is issued to:
2.
Orchard Village LLC
Name
277 Washington Street
Mailing Address
DEP File Number:
rCCG
949-1459
rroviaea Dy utr
Groveland MA 01834
City/Town State Zip Code
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Orchard Village LLC
Name
March 12, 2010 242-1459
Dated DEP File Number
3. The project site is located at:
1001 Turnpike Street (Lots 12-16) North Andover
Street Address City/Town
Map 107C Parcels 18 and 112
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Agnes M Kmeic 1996 Realty Trust, Kmeic Family 1996 Realty Trust
Property Owner (if different)
Essex North Registry Land Court
County Book Page
100368
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/12/12
Date
wpafrm8b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 1 of 3
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands D5�e Number:
WPA Form 8B 1`8er ficate of Compliance 242-14 9
Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 Provided by DEP
B. Certification
Check all that apply:
❑ Complete Certification: It is hereby certified that the work regulated by the
above -referenced Order of Conditions has been satisfactorily completed.
® Partial Certification: It is hereby certified that only the following portions of work
regulated by the above -referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
PCOC for 1001 Turnpike Street (Lots 12 -16) only.
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above -referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
99
C. Authorization
Issued by:
North Andover
Conservation Commission
rV /V A
Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/der)/about/region/findyour.htm .
Signatures:
wpafrm8b.doc • rev. 12/23/09 WPA Form 813, Certificate of Compliance • Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Plot t'on - Wetlands D P File Number:
wF llL
WPA Form 8B — Certificate of Compliance 242-1459
242-1459
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:---------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
1001 Turnpike Street (Lots 12-16) 242-1459
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Orchard Villaae LLC
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
wpafrm8b_doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 3 of 3
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
VQ
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
A. General Information
From: North Andover
1. Conservation Commission
2. This Issuance is for (check one)
a. ® Order of Resource Area Delineation Only
b. ❑ Order of Resource Area Delineation Subject to Simplified Review
1. ® Not Subject to Stormwater Policy
2. ❑ Subject to Stormwater Policy
c. ❑ Amended Order of Resource Area Delineation
3. To: Applicant:
a. First Name b. Last Name
44 Great Pond Drive
d. Mailing Address
Boxford
e. City/Town
4. Property Owner (if different from applicant):
Agnes Kmeic
a. First Name b. Last Name
1001 Turnpike Street
d. Mailing Address
North Andover
e. City/Town
5. Project Location:
1001 Turnpike Street
a. Street Address
Map 107C
c. Assessors Map/Plat Number
Latitude and Longitude (note: electronic filers
Will Click for GIS locator): e. Latitude f. Longitude
4/23/08 5/21/08 %3 J(I�
6. Dates: a. Date Notice of Intent filed b. Date Public Hearing Closed c. Dae of Issuance
7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Plan of Existing Conditions prepared by Christiansen & Seri 3/14/08,revised
a. Title A /A 01^^
Orchard Village LLC
c. Company
MA
f. State
01921
g. Zip Code
Kmeic Family 1996 Realty Trust
c. Company
MA 01845
f. State g. Zip Code
North Andover
b. City/Town
Parcels 18 and 112
d. Parcel/Lot Number
042-39'-11.20" N 071-05'-47.89" W
c. Title
d. Date
wpaform4b.doc • rev. 01/07
Page 1 of 7
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B - Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Order of Delineation
1. The Conservation Commission has determined the following (check whichever is applicable):
a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated
Notice of Resource Area Delineation are accurately drawn for the following resource area(s):
1. ® Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
Intermittent bank Flaqs 131-1324
b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource
Area Delineation, are accurately drawn from the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated
Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed
for the following resource area(s):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
s. The boundaries were determined to be inaccurate because:
wpaform4b.doc • rev. 01/07 Page 2 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Simplified Buffer Zone Review
Provided by DEP
Work within the Buffer Zone pursuant to the Simplified Review (310 CMR 10.02) requires that you
must comply with the following conditions. If your project does not meet these requirements, you are
required to either file a Determination of Applicability or Notice of Intent or take other corrective
measures as directed by the Conservation Commission.
Simplified Review Conditions:
Work conducted under Simplified Review requires the following:
1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and
Bordering Land Subject to Flooding.
2. The inner 0 -to -50 -foot wide area from the delineated wetland boundary that has a Buffer Zone
shall not be disturbed by any work associated with this project, including placement of any
stormwater management components.
3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water (e.g., certified
vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border
coastal resource areas at 310 CMR 10.25-10.35.
4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife
habitat (which is identified on the most recent Estimated Habitat Map of State -listed Rare
Wetlands Wildlife).
5. Erosion and Sedimentation controls shall be installed and maintained at the 50 -foot Buffer Zone
line or limit of work (whichever is a greater distance from the resource area) to protect resource
areas during construction.
6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in
conformance with an approved Stormwater Management Plan.
7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient
across the 100 -foot Buffer Zone.
8. The amount of new impervious surface, in combination with existing impervious surfaces, shall
not exceed 40% of the Buffer Zone between 50 and 100 feet.
9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0 -to -50 -
foot Buffer Zone during the three-year term of an Order associated with this application.
10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall
be flagged; all boundary delineation flagging should be maintained for the term of the Order.
11. If stormwater management structures are proposed in the Buffer Zone, the stormwater
management structures shall be maintained as required in the Stormwater Plan. Such
maintenance constitutes an ongoing condition and is not subject to further permitting
requirements.
12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the
Registry of Deeds prior to the commencement of work per the requirements of Section F.
13. Prior to proceeding with any work under Simplified Review, applicants are required to provide
written notice to the Commission one week prior to commencing any work.
14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI
or RDA may be filed, for any work within the 0 -to -50 -foot buffer zone during the term of an ORAD
associated with this application. If work authorized under Simplified Review is not commenced, then
future NOls or RDAs may be filed for work within the 0 -to -50 -foot portion of the buffer zone.
--End of Conditions—
wpaform4b.doc • rev. 01/07
Page 3 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Simplified Buffer Zone Review (cont.)
Stormwater Applicability
Provided by DEP
1. ❑ The project is not subject to the Stormwater Policy.
2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the
project complies with all stormwater standards.
Ineligibility Determinations
Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a
Request for Determination of Applicability or Notice of Intent prior to any work because:
3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25-
10.35.
4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%.
5. ❑ Buffer Zone contains estimated rare wildlife habitat.'
s. ❑ The site borders an Outstanding Resource Water.2
Stormwater
7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient
information to demonstrate compliance with the Stormwater Management Policy. Prior to any
work, the applicant must submit plans showing compliance with the standards in the
Stormwater Policy, the location of the work, the amount of impervious surface, and the
location of erosion controls., to the Commission for its concurrence. (See instructions to
ANRAD Form 4A.) The following necessary stormwater information was not submitted by the
applicant:
a.
s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or
more of the stormwater standards (specify which standard(s) not met).
a. Standard #
b. Standard #
s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet
from the resource area.
10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls
located at the limit of work or at least 50 feet from any resource areas, whichever will be greater.
11. ❑ Work is proposed within 50 feet of a resource area.
Notice to Commission
Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR
10.02, must provide written notice to the Commission one week prior to any work.
' Identified on the most recent Estimated Habitat Map of State -listed Rare Wetlands Wildlife of the Natural Heritage and Endangered
Species Program.
2 Certified Vernal Pools, public water supplies, or inland ACECs as identified in 314 CMR 4.00.
wpaform4b.doc • rev. 01/07 Page 4 of 7
LI)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Findings
This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the
boundaries of those resource areas noted above, have been delineated and approved by the Commission
and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131, § 40) and its regulations (310 CMR 10.00). This Order does not, however, determine the
boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,
regardless of whether such boundaries are contained on the plans attached to this Order or to the
Abbreviated Notice of Resource Area Delineation.
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.
If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone
project, the applicant has certified that any work associated with the proposed project meets all eligibility
requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with
the Simplified Review requirements will require a Notice of Intent or Request for Determination of
Applicability.
The applicant is responsible for promptly requesting a Certificate of Compliance following completion of
any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order
of Resource Area Delineation unless the Order is extended.
Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the
Department to take enforcement action.
This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office (see
http://vvww.mass.gov/dep/about/region/findyour.htm).
E. 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 Resource Area Delineation. When
requested to issue a Superseding Order of Resource Area Delineation, the Department's review is limited to the
objections to the resource area delineation(s) stated in the appeal request. The request must be made by certified
mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of
this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's
Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this
project. Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,
or providing written information to the Department prior to issuance of a Superseding Order or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order
does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L.
c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based
on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform4b.doc • rev. 01/07 Page 5 of 7
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
F. Signatures and Notary Acknowledgement
Please indicate the
who will sign this form: `>I
Signature of Conservation Commission Member
Signature of Conservation Commission Member
1. Number of Signers
.a
Signature ns a ission Member
Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of.issuance.
This Order is issued to the applicant and the property owner (if different) as follows:
❑ by hand delivery on
Date
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day '9,3 of
Before me, the undersigned Notary Public,
personally appeared
R/by certified mail, return receipt requested on
Date
Essex North
Month Year
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
Ac mnrn, %or r%f North Andover
CitylTown
Z_ _ DONNA M. WEDGE
NOTARY PUBLIC
a COMMONWEALTH OF MASSACHUSETTS
My Comm Expires Aug. 7, 2009
Place notary seal and/or any stamp above
Conservation Commission
A-N'� ?;1
ignature of Notary Public
Printed Name of Notary Public
eJ7/9
My Commission Expires (Date)
wpaform4b.doc • rev. 01107 Page 6 of 7
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1425
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
G. Recording Information
If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be
recorded.
If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 of this form shall be
submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1001 Turnpike Street
Project Location
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
242-1425
DEP File Number
Book Page
and has been noted in the chain of title of the affected property in:
Book
In accordance with the Order of Conditions issued on:
Date
Page
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
wpaform4b.doc • rev. 01/07
Page 7 of 7
LI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
rab
ietmn
A. Request Information
1. 'Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
Project Location
Mailing Address
State
Fax Number (if applicable)
�.iryi i own State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town
Phone Number
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
State
Fax Number (if applicable)
Zip Code
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for $100.00 (single family house projects) or $200 (all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform4b.doc
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
hftp://www.mass.gov/dep/about/region/findyour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform4b.doc Page 2 of 2
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection -Wetlands 242-1459
WPA Form 5 -Order of Conditions MassDEPFile #
Important: North Andover
out forms
When filling 1. From: Conservation Commission
on the 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions
computer, (check one):
use only the
tab key to 3. To: Applicant:
move your
cursor - do Robert Messina
not use the a. First Name b. Last Name
return key. Orchard Village, LLC¢
c. Organization
44 Great Pond Drive
d. Mailing Address
Boxford MA 01921
e. Citylrown f. State g. Zip Code
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP -Transaction #� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction #
Nort
4. Property Owner (if different from applicant):
a. rirsi Name b. Last Name
Agnes M. Kmeic 1996 Realty Trust, Kmiec Family 1996 Realtv Trust
c. Organization
1001 Turnpike Street
d. Mailing Address
North Andover MA 01845
e. City/Town f. State g. Zip Code
5. Project Location:
1001 Turnpike Street
a. Street Address
Map 107C
c. Assessors Map/Plat Number
Latitude and Longitude, if known
wpaform5.doc • rev. 12/23/09
North Andover
b. City/Town
Parcels 18 & 112
d. Parcel/Lot Number
42d39'm16"s
d. Latitude
71 d06'm09"s
e. Longitude
Page 1 of 12
h Andover
City/Town
A. General Information
4. Property Owner (if different from applicant):
a. rirsi Name b. Last Name
Agnes M. Kmeic 1996 Realty Trust, Kmiec Family 1996 Realtv Trust
c. Organization
1001 Turnpike Street
d. Mailing Address
North Andover MA 01845
e. City/Town f. State g. Zip Code
5. Project Location:
1001 Turnpike Street
a. Street Address
Map 107C
c. Assessors Map/Plat Number
Latitude and Longitude, if known
wpaform5.doc • rev. 12/23/09
North Andover
b. City/Town
Parcels 18 & 112
d. Parcel/Lot Number
42d39'm16"s
d. Latitude
71 d06'm09"s
e. Longitude
Page 1 of 12
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information (cont.)
Provided by MassDEP
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Essex North 12556 & 12557
a. County
c. Book
7 Dates' 7/31/09
b. Certificate Number (if registered land)
d. Page
3/10/2010
3/12/2010
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan for Notice of Intent, Sheets 1-8
a. Plan Title
Christiansen & Sergi Inc. Philip G. Christiansen, P. E.
b. Prepared By c. Signed and Stamped by
10/21/09 1 " = 40'
d. Final Revision Date e. Scale
Erosion control & Stormwater Pollution Prevention Plan, Sheets 3/6/10
CC5.0-CC5.5 - See Special Conditions for additional plan list g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the 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
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® 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.
wpaform5.doc • rev. 12/23/09 - Page 2 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Lll�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Provided by MassDEP
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
Denied because:
b. ❑ 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 the interests of the Act, 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.
c. ❑ 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)
3.
❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and Bank or Bordering Vegetated Wetland boundary
(if
a. linear feet
available)
Resource Area
Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
4.
® Bank
35
35
10
10
a. linear feet
b. linear feet
c. linear feet
d. linear feet
5.
® Bordering
17
17
17+
17 + restoration
Vegetated Wetland
a. square feet
b. square feet
restoration
d. square feet
s.
❑ Land Under
Waterbodies and
a. square feet
b. square feet
c. square feet
d. square feet
Waterways
e. c/y dredged
f. Gy dredged
7.
❑ 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
8.
❑ 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
wpaform5.doc • rev. 12/23/09 Page 3 of 12
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1459
WPA Form 5 - Order of Conditions MassDEP File #
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction #
North Andover
Cityf town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
9. ❑ Riverfront Area a. total sq. feet b. total sq. feet
Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet
Sq ft between 100-
200 ft g. square feet h. square feet i. square feet j. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a. square feet b. square feet
12. ❑
Barrier Beaches
13. ❑
Coastal Beaches
14. ❑
Coastal Dunes
15. ❑
Coastal Banks
16. ❑
Rocky Intertidal
Shores
17. ❑
Salt Marshes
18. ❑
Land Under Salt
Ponds
19. ❑ Land Containing
Shellfish
20. ❑ Fish Runs
21. ❑ Land Subject to
Coastal Storm
Flowage
wpaform5.doc • rev. 12/23/09
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
a. linear feet b. linear feet
Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. square feet b. square feet
Page 4 of 12
b. square feet c. square feet d. square feet
a. square feet
a. square feet
b. square feet
C. Gy dredged
d. cty dredged
a. square feet
bsquare feet c. square feet d. square feet
Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. square feet b. square feet
Page 4 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
�� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
22. ® Restoration/Enhancement:
1848 restoration & enhancement
a. square feet of BVW
23. ❑ Stream Crossing(s):
b. square feet of salt marsh
Provided by MassDEP
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. 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.
8. 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.
vvpaform5.doc • rev. 12/23/09
Page 5 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. 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 the
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.
10. 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, "MassDEP"]
"File Number 242-1459 "
11. 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 MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. 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.
15. 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.
16. 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.
17. 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.
wpaform5.doc • rev. 12/23/09 Page 6 of 12
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
l� WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order (the "Project') is (1) ® is not (2) ❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards, then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv, all post -construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post -construction BMPs is suitably established to
withstand erosion.
wpaform5.doc • rev. 12/23/09 Page 7 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is
notified that another party has legally assumed responsibility for BMP maintenance. Prior
to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 18(e)) shall execute and submit to the
issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement)
for the Stormwater BMPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs
and implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution, Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc • rev. 12/23/09 Page 8 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
see attached
wpaform5.doc • rev. 12/23/09 Page 9 of 12
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal Ordinance or Bylaw 2. 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.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw (except as waived by the Chapter 178
Zoning Board of Appeals under Chapter 40B of the Mass General Laws) 2. Citation
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
See Attached
wpaform5.doc • rev. 12/23/09 Page 10 of 12
DEP FILE # 242 -1459
Findings
• The North Andover Zoning Board of Appeals (ZBA) approved the project as a
Comprehensive Permit under Chapter 40B of the Massachusetts General Laws. The
Definitive Subdivision Plan for the project was endorsed by the ZBA on June 18, 2009.
• An Order of Resource Area Delineation was issued on May 23, 2008 under DEP File #242-
1425.
• The North Andover Conservation Commission (NACC) conducted a site visit on
Tuesday, August 19, 2009.
• The NACC engaged Hancock Associates to review stormwater management on the site.
The NACC originally requested full review by their choice of stormwater consultant. At
the applicant's request, the NACC agreed to a limited scope of stormwater review,
contrary to their typical practice. Hancock Associates also provided a project peer
reviewed the project for the Zoning Board of Appeals and was engaged to avoid a
duplicate review.
• During the hearing process, the NACC was made aware of soil contamination within
jurisdictional areas of the site. Contamination primarily resulted from pesticide
application related to the operation of an apple orchard on the site over many decades.
• Preliminary findings of soil contamination on the property were presented to the NACC.
The NACC found the initial testing to be preliminary and insufficient on which to base an
Order of Conditions. No testing had been conducted in the majority of the jurisdictional
area on the site. Additional testing was done and a Soils Management Report was
prepared by Williamson Environmental_ LLC (Plan dated November 10, 2009).
• A letter from L.J. Kimiec, Jr., Trustee was submitted to the NACC as an "affidavit" that
pesticides were applied to the property in a manner consistent with their labeling. The
NACC reviewed the letter and did not agree that the submitted document was a legal
affidavit.
• The NACC requested that the applicant pay for third party review of the Soils
Management Plan for areas within its jurisdiction. The applicant refused. The NACC, at
its own expense, engaged TRC (Matthew Robbins, PG, LSP) to provide third party review
of the Soils Management Plan as it pertained to the NACC's jurisdiction. After reviewing
various revisions of the Soils Management Plan and all related documentation, TRC
issued review letters dated February 17, 2010 and March 5, 2010.
• Williamson Environmental submitted a final Soils Management Plan: Revision No. 3
dated March 1, 2010 and accompanying response letter dated same.
9 The public hearing was closed on March 10, 2010.
The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice of Intent
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
242-1459,1001 Turnpike St, Orchard Village 3 11 10.doc 1 NACC 3/12/2010
DEP FILE # 242 -1459
�FEG��ENRAL CONDITIONS
19. The proposed work includes: The construction of a 1,083 -foot long residential road and
associated infrastructure to access 32 single family house lots, a stormwater management
system, resource area and buffer zone mitigation/ restoration, removal, hauling and
disposal of contaminated soils followed by additional soils testing, and a common
driveway crossing of an intermittent stream on 7.8 acres between Turnpike Street and
Chestnut Street, portions of which are within the 100 -foot buffer zone to Bordering
Vegetated Wetland and Inland Bank. The project will permanently alter 25 linear feet of
Inland Bank of an intermittent stream and 3 s.f. of Bordering Vegetated Wetland. Lot
development and house construction are not approved as part of this Order of
Conditions.
20. The work shall conform to the following:
Applicant: Robert Messina
Orchard Village, LLC
44 Great Pond Drive
Boxford, MA
Property Owner: Agnes M. Kmeic 1996 Realty Trust & Kmiec Family Realty
Trust
1001 Turnpike Street
North Andover, MA
Notice of Intent filed by: Philip Christiansen
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Date: July 27, 2009
Site Plans prepared by: Philip Christiansen
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Record Plans: "Site Plan for Notice of Intent", Sheets 1 - 8 of 8, last
revised: 10/21/09.
Sheet 1 of 8
Plan of Existing Conditions
Sheet 2 of 8
Site Grading Plan
Sheet 3 of 8
Utility Plan
Sheet 4 of 8
Profile - Road A
Sheet 5 of 8
Cross -Country Drain & Sewer Profiles
242-1459,1001 Turnpike St, Orchard Village 3 11 10.doc 2 NACC 3/12/2010
DEP FILE # 242 - 1459
Sheet 6 of 8
Detention Area Details
Sheet 7 of 8
Construction Details
Sheet 8 of 8
Construction Details
"Wetland Crossing Detail", Sheet CC.1, dated: last revised
10/21/09.
"Sub -Drain Clarification Plan", Sheet CC.2, dated: last
revised 10/2/09.
"Cross -Section Plan", Sheet CC.3, dated: last revised
10/2/09.
"Drainage System Modification Plan", Sheet CC.4, dated:
last revised 10/2/09.
"Erosion Control & Storm Water Pollution Prevention
Plan", Sheets CC5.0 - CC5.5, last revised: 3/6/10.
Record Documents: Stormwater Management Report for "Orchard Village" in
North Andover, Massachusetts
Prepared by: Christiansen and Sergi
Date: April 2, 2009 and Revised:. June 17, 2009
Wetland and Buffer Replication Plan
Prepared by: Christiansen and Sergi
Date: September 1, 2009 and Revised: October 2, 2009
Supplement to the Notice of Intent for "Orchard Village" in
North Andover, Massachusetts
Prepared by: Christiansen & Sergi
Date: September 1, 2009
Deed Restriction for Lots 1 through 16
Declaration of Orchard Village Homeowners Association
(Draft)
Environmental Review Reports
Prepared by: Simmons Environmental Services, Inc.
Dated: July 24, 2006
Prepared by: Williamson Environmental LLC
Dated: August 12, 2009
Letter from Philip G. Christiansen, Christiansen & Sergi,
Inc.
Re: NOI for Orchard Village, DEP File #242-1459
Date: October 5, 2009
242-1459,1001 Turnpike St, Orchard Village 3 11 1O.doc 3 NACC 3/12/2010
DEP FILE # 242 -1459
Peer Review Letters
(Stormwater)
Letter from Joseph D. Peznola, PF
Hancock Associates
Dated: September 17, 2009
Subject: Engineering Peer Review
Letter from Joseph D. Peznola, PE
Hancock Associates
Dated: October 6, 2009
2nd Engineering Peer Review
Other Record Documents: Alternatives Analysis Letter and Plans
Prepared by: Christiansen & Sergi
Letter Dated: August 26, 2009
Plans Dated: November 7, 2007 & February 19, 2007
Licensed Site Professional
Representing the Applicant:
Williamson Environmental LLC
280 Ayer Road
Harvard, Massachusetts 01451
Project Manager: Joseph A. Resca
President: Thomas Williamson
Soils Management Letter Report
Documents Prepared by: Simmons Environmental Services, Inc.
213 Elm Street, Salisbury, MA 01952
Dated: July 24, 2006
Re: Former Apple Orchard, 1001 Turnpike Street No.
Andover, MA
Summary Opinion Letter
Williamson Environmental LLC
280 Ayer Road, Harvard, MA
Dated: August 12, 2009
Re: Property 1001 Turnpike Street, North Andover, MA
Letter from: TRC, Wannalancit Mills, 650 Suffolk Street,
Suite 200, Lowell, MA 01854
Re: Review of Soil Sampling Results and Soil Management
Plan, Orchard Village, Turnpike Street, North Andover,
MA 01845
Dated: February 17, 2010
Response Letter Prepared by: Williamson Environmental
LLC
242-1459,1001 Turnpike St. Orchard Village 3 11 10.doc 4 NACC 3/12/2010
DEP FILE # 242 - 1459
Dated: March 1, 2010
Soils Management Plan: Revision No. 3 including Response
Letter prepared by Joseph A. Resca and Thomas
Williamson
Orchard Village, North Andover, Massachusetts
Prepared by: Williamson Environmental LLC
Original Plan dated: November 10, 2009, Revision No. 2
dated: February 24, 2010
Final Plan (Revision No. 3) dated: March 1, 2010
Review Letter Prepared by: TRC
Dated: March 5, 2010
21. 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.
22. 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.
23. 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.
24. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00) and associated 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.
25. 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.
242-1459,1001 Turnpike St. Orchard Village 3 11 10.doc 5 NACC 3/12/2010
DEP FILE # 242 - 1459
26. The work authorized hereunder shall be completed within threes from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
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).
28. 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.
29. 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.
30. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
31. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetland (BVW), Buffer Zone to BVW, and Inland Bank associated with an
Intermittent Stream. These resource areas are significant to the interests of the Act as
noted above and therein. The applicant has not attempted to overcome the presumption
of significance of this resource area to the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource area as
approved in the Order of Resource Area Delineation issued on May 23, 2008 under DEP
File #242-1425.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas an average twenty five foot (25') No -Disturbance
Zone shall be established from the edge of the adjacent wetland resource area as depicted
on the plans of record referenced herein. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these setbacks.
34. The NACC hereby accepts the alternative analysis and therefore approves the proposed
wetland crossing and associated resource area alteration (3 s.f. of BVW and 251.f. of
Inland Bank) provided that mitigation/ restoration of these disturbed areas are conducted
in accordance with the approved Wetland and Buffer Replication Plan.
35. The NACC finds the applicant's proposal for 1,907 sq. ft. of buffer zone enhancement and
restoration to be adequate as proposed in the Wetland and Buffer Replication Plan
However, the NACC requires an updated planting plan to be submitted for approval
prior to the start of construction. The plan shall include trees and shrubs native to Essex
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County and appropriate seed mix. Trees shall be planted 10 to 12 feet on center and
shrubs shall be planted 6 to 8 feet on center. A plan to control invasive species shall also
be submitted.
36. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive
growing seasons (May and October for two years) following construction of said
restoration areas. At the end of each seasonal inspection, a progress report and
photographs shall be prepared and submitted to the Conservation Department that
describes the survivability, health and vigor of the restoration areas. A total of FOUR
separate monitoring reports shall be submitted over a two-year period. If at the end of the
first growing season, overall success of restoration activities is not achieved, the NACC
reserves the rights to require additional mitigation measures. Mitigation and replication
shall be deemed successful when at least 75 % of the surface of the replacement area is
established with indigenous species.
37. 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.
38. A deed restriction (attached herein) concerning porous pavement driveways shall be
recorded on lots 1 through 16, inclusive, of the Orchard Village Subdivision. A copy of the
recorded deed shall be provided to the NACC upon the first sale.
39. All additional work for lot development and/or house construction outside of the
approved activities cited in this Order of Conditions and within the jurisdiction of the
NACC shall require separate Wetland Protection Act filings.
40. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
41. 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.
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42. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
43. 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 242-1459."
44. Prior to the commencement of any work, the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP).
45. 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. No work shall begin on a project until written approval has
been granted by the NACC.
46. 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.
47. It has been determined that arsenic, lead, organic pesticides and other potential
contaminants are present on the subject property and are located within or may have
impact on resource areas protected under the Wetland Protection Act and their buffer
zones. The remediation and the handling of effected soils on the site are regulated under
the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000. The remediation and
handling of contaminated soils shall be supervised by a Licensed Site Professional (LSP)
approved by the NACC. All soil remediation work shall be conducted as detailed in the
Soils Management Plan: Revision No. 3 dated March 1, 2010 and accompanying letter of
the same date (both hereafter referred to as SMP3). Response actions shall achieve a level
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of "no significant risk" as described in the MCP 310 CMR 40.0900. Documentation of such
shall be provided to the NACC prior to the issuance of a certificate of compliance.
48. Prior to any work commencing on site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including a dated timetable of soil
remediation and construction, the construction of compensation and retention areas,
installation of sedimentation/ erosion control devices, roadway infrastructure, phasing
associated with the development, the construction of the associated stormwater
management structures, landscaping activities, and required mitigation/ restoration areas.
This timetable must continue to be updated throughout the project.
49. 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 erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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.
50. 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 or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. 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.
51. 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,1 hay bale to equal 3 feet of 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.
52. A check payable to the Town of North Andover shall be provided in the amount of
$100,000 (Roadway drainage & Infrastructure - 20K; Stormwater -18K ($1.5/s.f);
Restoration/ Mitigation - 6K ($3/ s.f.); soils remediation 56K ($15/ s.f.), which shall be in
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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.
53. The applicant shall designate a Wetland Scientist or other environmental professional as
approved by the NACC or its agent, as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices (Credentials of said Erosion Control Monitor shall be submitted in writing
for review and subsequent approval by the NACC). 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. The Environmental Professional will immediately notify the Conservation
agent of any matter that requires attention by the Commission or the agent. The erosion
control monitor will 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 functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation, turbidity, and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain
stable, and erosion controls are adequate and secure.
54. Prior to construction (or when suitable locations can be confirmed with the Conservation
Department), the applicant shall permanently mark the edge of the "25' No -Disturbance
Zone" and other approved "No -Disturb Areas" identified on the approved plans with
signs or markers spaced evenly every 25 feet incorporating the following text: "Protected
Wetland Resource Area". This will designate their sensitivity and assure no further
inadvertent encroachment into the wetland. These permanent markers. are subject to
review and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity.
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55. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall
stake the crossing location and the southern edge of the approved roadway within the
100 -foot buffer zone. These measurements will be verified in the field during the pre -
construction meeting.
56. 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, such as a Management Company,
Homeowner's Association or individual, subject to said Orders of Conditions, the
"Compliance Certification Form" Affidavit (attached herein) signed under the pains and
penalties of perjury, stating that said applicant has read these Orders of Conditions and is
in compliance with each and every condition. If portions of said land are transferred to
different parties, such as individual unit owners, each party is subject to this 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.
57. 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, contractor, engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre -construction meeting (e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
58. All construction and post -construction stormwater management systems shall be
constructed in accordance with the approved construction sequence, supporting
documents and plans (CC5.0-CC5.5) submitted with the Notice of Intent, this Order of
Conditions, and the approved Pollution Prevention and Operation and Maintenance Plan
attached herein.
59. Permanent and temporary stormwater structures shall be constructed and functioning as
part of the initial project phase as detailed in the Erosion Control & Storm Water Pollution
Prevention Plan (Sheets CC5.0 through CC5.5), immediately following clearing and rough
grading of the site to serve as siltation control during construction. Runoff from the site
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shall be directed towards these basins. Stormwater structures in the initial phases shall be
cleaned and maintained as future phases are initiated.
60. All stormwater best management practices shall be maintained as specified in the
Pollution Prevention and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. The approved Operation & Maintenance Plan is
fully binding upon the applicant and/or owners, successors, agents, associations, heirs
and assigns and must be adhered to in perpetuity.
61. Evidence of maintenance of the stormwater management system shall be provided to the
NACC on an annual basis by a Registered Professional Civil Engineer certifying that the
drainage system is working as designed and shall include any maintenance invoices for
cleaning and repairs. The first report shall be submitted to the NACC as soon as the first
stormwater structure goes on-line and reports must continue to be submitted until a
Certificate of Compliance is issued. Compliance with the designed stormwater
management system and associated stormwater management conditions shall be satisfied
prior to the issuance of a Certificate of Compliance.
62. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceedsix (6)
inches. Soils removed from the temporary/ permanent stormwater management system
shall be tested, stored and disposed of in accordance with the approved SMP3. The basins
shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
63. A Stormwater Pocket Wetland is proposed as part of the stormwater management design.
Pond plantings must be conducted in accordance with the approved plans and documents
referenced herein. A qualified wetland specialist must supervise wetland plantings and
monitoring must be conducted in the spring and fall for two (2) consecutive years after
the planting date. Reports prepared by a qualified wetland specialist shall be submitted
following each inspection and must document species survival/ distribution (75%
indigenous species required), management of invasive species, sediment accumulation,
water quality and conditions of the pond outlet.
64. 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.
65. Water quality down gradient of SVW 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.
66. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible
for cleaning all stormwater structures, in accordance with the approved Operation &
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Maintenance Plan attached herein and the associated stormwater management conditions
mandated herein.
67. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
68. Upon beginning work, the applicant shall submit written monthly progress 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.
69. Construction sequencing shall be followed throughout all phases of construction as
detailed in the Erosion Control & Storm Water Pollution Prevention Plan (sheets CC5.1
through CC5.5) and in the Pollution Prevention and Operation and Maintenance Plan,
thereby minimizing any unnecessary impacts to the wetland resource areas.
70. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
71. 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. During site remediation, dust
control shall be instituted in accordance with the SMP3.
72. Immediately upon completion of the common driveway crossing and Phase I roadway,
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 crossing and roadway locations
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.
73. Crushed stone construction entrances shall be designated at each access location as shown
on the approved plans referenced herein to minimize soil/ material tracking onto the
roadways and paved surfaces. Additional construction entrance measures during the soil
remediation phase are detailed in the Soil Management Plan: Revision No. 3. These
entrances shall be reinforced and cleaned as necessary throughout the duration of
construction.
74. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas (contaminated silt shall
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be handled in accordance with the SMP3); silt fence and hay bales shall be replaced as
necessary. The areas of construction shall remain in stable condition at the close of each
construction day. All erosion controls shall be in place throughout the duration of any
construction on site or unless authorized by the Conservation personnel.
75. The NACC finds that physical barriers are necessary in several locations to prevent future
inadvertent encroachment into the wetland resource areas. Therefore, the installation of
fieldstone walls (detail to be provided prior to construction) and split -rail fence shall be
required up -gradient to and along the No -Disturbance Zone on lots 13 through 17 as
depicted and detailed on sheet CC.1 of the record plans. In addition, the installation of a
wood guard rail shall be required along the edge of roadway and adjacent No -
Disturbance Zone upon completion of construction and as shown on the approved plans
and details referenced herein.
76. Additional erosion controls consisting of trenched silt fence shall be placed between the
wetland resource areas and the areas to be restored. Erosion controls shall be positioned
outside of said restoration areas and shall be located to minimize disturbance to adjacent
jurisdictional areas.
77. All existing and proposed catch basins and oil traps on the site or on the streets adjacent
to the project shall be protected by Silt Sacks to prevent sediment from entering the
drainage system.. Silt Sacks shall be maintained and regularly cleaned of sediments until
all areas associated with the work permitted by this Order have been permanently
stabilized and the NACC and/or Conservation Department has formally approved their
removal. All silt removed from silt sacks during soils remediation shall be tested and
disposed of according to the SMP3.
78. 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.
79. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
80. Approved de -watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De -watering activities shall be 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. If emergency de -watering requirements arise, the applicant shall submit a
contingency plan to the NACC or its administrator for approval, which provides for the
pumped water to be contained in a settling basin, to reduce turbidity prior to discharge
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into a resource area. Any dewatering required during the soil remediation phase of the
project shall be conducted according to the requirements of the SMP3 referenced herein.
81. Associated pavement and roadways shall be swept at least weekly or as directed by the
Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for
as long as the site remains exposed and un -stabilized.
82. After land development construction is complete and the temporary use of the Wet Pond
as a siltation controls is no longer required, the applicant must visually observe and
document high groundwater conditions within the excavated ponds to determine if
hydrology is adequate to support the proposed wetland vegetative communities. Plans
shall be submitted for review depicting proposed pond elevations suitable for sustaining
the proposed zoned wetland communities.
83. 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. The origin of fill brought onto the site must be provided to the Conservation
Department in accordance with the SMP3.
84. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1St of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with jute matting or by other
means approved by the NACC until climate conditions allow for seeding. During
construction, any area of exposed soils that will be left idle for more than 30 days shall be
stabilized with a layer of mulch hay or other means approved by the NACC.
85. 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.
86. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
87. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area. Soils or other materials shall be stockpiled in locations approved by
this department or within the designated areas as shown on the approved plans
referenced herein. Further, due to the existing grade on the site, any approved temporary
stockpile areas shall be adequately surrounded by erosion controls to prevent migration
of soils off-site. Stockpiles of contaminated soils shall be handled according to the SMP3
referenced herein.
88. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area. Truck washing associated with soil remediation
activities shall be conducted as outlined in the record SMP3.
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89. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site byany 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.
90. 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
91. 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.
92. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of
contract to the Conservation Department in the form of a written and signed document
from the assignee(s) responsible for conducting the perpetual site maintenance in
accordance with the Operation & Maintenance Plan and perpetual conditions mandated
in this Order. In addition to this contract, the applicant shall submit an Affidavit from the
assignee (s) acknowledging the Operation & Maintenance responsibilities of the
stormwater management systems in accordance with the approved Operation &
Maintenance Plan and other perpetual conditions mandated in this Order.
93. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No -Salt.
Zone" and "No -Snow Stockpiling Zones" shall be displayed in prominent locations along
the No -Disturbance Zone as approved by the Conservation Department.
94. 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.
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95. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or within 25 feet of a wetland resource area. This condition shall remain in
perpetuity.
96. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
97. 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.
98. 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. 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.
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➢ 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 ani disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
99. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ A No -Disturbance Zone shall be established from the edge of adjacent
wetland resource areas as approved under DEP # 242-1459. 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 the setbacks as established
under this Order;
➢ Maintenance of porous pavement driveways (Condition #38)
➢ Resource Area Markers (Condition #54);
➢ Maintenance of 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 (Condition #67);
➢ All catch basins shall contain oil/ gasoline traps and shall be maintained
(Condition #78);
➢ Discharge or spillage of pollutants (Condition # 90);
➢ Prohibition of underground fuels (Condition #91);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #93 & #94);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #95);
242-1459,1001 Turnpike St, Orchard Village 3 11 10.doc 18 NACC 3/12/2010
DEP FILE # 242 -1459
➢ The approved "Pollution Prevention & Operations and Maintenance Plan"
shall be adhered to. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition #60).
242-1459,1001 Turnpike St, Orchard Village 3 11 10.doc 19 NACC 3/12/2010
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands 7/
WPA Form 5 - Order of Conditions
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Signatures
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
This Order is valid for three years, unless otherwise specified as a special —311 a I 10
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance
Please indicate the number of members who will sign this form. T
This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
❑ by hand delivery on
Date
F. Appeals
E3" by certified mail, return receipt
requested, on
31/aI10
Date
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 MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
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.
wpaform5.doc - rev. 12/23/09
- Page 11 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
Provided by MassDEP:
242-1459
MassDEP File #
eDEP Transaction #
North Andover
City/Town
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 this page shall be submitted to the
Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1001 Turnpike Street 242-1459
Project Location MassDEP 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
vvpaform5.doc • rev. 12/23/09 Page 12 of 12
E
DEP FILE 4 242 -1459
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
M
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
(Signature - authorized agent of applicant or owner)
242-1459,1001 Turnpike St, Orchard Village 3 11 10.doc 20 NACC 3/12/2010