HomeMy WebLinkAboutMiscellaneous - 20 ABBOTT STREET /17a.)X7a.�IYdOiN YC�IQ/YI/Gi•a a•I VIIII Y•NIIa.0 �• i /a/aa.Vu vu � ,.. � �
Bureau of Resource Protection— Wetlands 242-1016
r 20 Abbott Street
e
W A Form 8B - Certificate of Com Tian
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover wetland
Protection Bylaw.
' Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at
North Andover North Andover
CoresavaronComrnrssron cuyytawn
20 Abbott Street
To:
Christopher M. Sawyer Instr. #5714
AssenarsbomPfart ParMAO(i
Name
20 Abbott Street
and the final Order of Conditions was recorded on
UadingAWW
North Andover June. 20, 2000
MA 01845
at the Registry of Deeds for
.Rare LP Coon
North Essex Instr. 416164
2. This Certificate of Compliance is issued for work regulated cam Swk page
by a finai Order of Conditions issued to
Cavicre OftepaTd land)
Christopher M. Sawyer
erne 4. A site inspection was made in the presence of the applicant.
Jude 7, 2000 or the applicant's pgeili on:,r
Zed
24 -1016 0 6
Dip ne di5in&cam
certification
C3 Imralid Order of Conditions:It hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
Complete Certificatiorc It is hereby certified that the lapsed and is therefore no longer valid. No future work
rk regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protecxion Act may
tions has been satisfactorily completed. commence without filing a new Notice of Intent and,
receiving a new Order of conditions.
Q Partial Certification:It is hereby certified that only the
following portions of the work regulated by the above Ottgoirg Conditions:The following conditions of the
referenced Order of Conditions.have been satisfactorily O shalt continue:(Include any conditions contained in
completed The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers:
s� S 9 1
Imo—
Massacbusetts Department of Environmental Protection 242-1016
Bureau of Resource Protection- Wetlands
20 Abbott Street
PA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 1.31, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this 20th
Issued by:
North Andover day of
SeptembeCXMW10nCJ==1017 MW/1
r .
September 20, 2000 2000
omorfsmarxr yMr
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP Regional 0 ee Appendix A).
Signature(s) to me known to be the person described in and who executed
the Foregoing instrument and acknowledged that he/she
executed the same as histher free act and deed.
G x4A4 r
r
.lrorary/'�trdK
.wvcomrmssroner�rs
' 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: If recorded land,the instrument number which identifies this
transaction is
caaarawcomnosrmn
Please be advised that the Certificate of Compliance for the
project at �raaumarrrhande
If registered land,the document number which identifies this
transaction is
FhjeQta�rion '
File.Ntvndwr Qoeunr�rMrmGer
has been recorded at the Registry of Deeds of
SoMnOtAppbcrr
cam
and has been noted in the chain of title of the affectedro
P Pen'I
on
ogre
Boor
�Y1aSSa'G7bfiS2i7S�rr:.,�:.rxnt or v�u��onrrxnc�i �rU«L..�„ �I1p!'
Bureau of Resource Protection— Wetlands DEP ReNumt er
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242-1016
MA Form 5 - order of Con d ons for DEP use L 20 Abbot
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 protection Bylaw.
o Applicant Information
From: The Notice of Intent for this project was Fled on:
North Andover May 5, 2000
C�raararronCxmmsmn Oatr
For. The public hearing was dosed on:
242-1016 May 17,` 2000
AojaTFrleMtmae� oze
To:
1 ide;and Date ofriinal Plans and other Documents:
Christopher M. Sawyer
appaarrnarae Plans prepared by M.H.F. Design
20 Abbott Street
,W*kqAd&= Consultants, Inc. Entitled "Topographic
North Andover
w As-Built Plan" dated December 1, 1997,
MA 01845
carr
50 CA* REV, 5/5/00.
The project site is located at
20 Abbott Street
c7}dt'aM+
r
AQrsarSdaG+Pfxi VarrsflLai
and the property is recorded at the Registry of Deeds for
Essex North Instr. ;'5714
cam soot
Cardxaeflr��
Findings
Rudd rmore,this Commission hereby finds that the project as
Findings pursuant to the Massachusetts Wetlands proposed.
Protection Act: (check one of the following boxes)
Following the review of the above4eferenced Notice of Intent Appmul stoject to:
and based on the information provided in this applicttion and
presented at the public hearing,this commission finds that tate IK the fbkwing coinftns which are teary,in accordance
area in which work is proposed is significant to the following with the performam standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above..This
Commission orders that all the work shall be performed in
IS Public Water Supply accordance with the Notice of Intent referenced above,the
S Private Water Supply fbilowatg General Condidom and any other special
2 Groundwater Supply conditions at iched to this Order.To the extent that the
CS Flood Control following conditions modify or differ from the pians.
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
®Fisheries of Intent,these conditions shall control,
X Storm Damage Prevention
9 Prevention of Poilution
®Protection of`Nikilife Habitat
Massachusetts Department of Environnaerrtai Protection 242-1016
Bureau of Resource Protection— Wetlands 20 Abbott S t.
WPA Form 5 - order of Con0 EP
i cis
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
13 Findings (cont,)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire,lath;paper,cardboard.pipe,tires,ashes,refrigerators,
motor vehicles.or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 1. This Order does not become final until all administrative
to protect those interests&,,ecked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of intent is submitted which provides measures Department have been completed,
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the land Court for the district,in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of tale of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land.the Final Order shall also be noted in the
Therefore,work an this project may not go forward unless Registry's Grantor index under the name of the owner of the
and until a reprised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land.the Final Opfer shall also be noted
which are adequate to protect the Ads interests,and a final on the land Cant Certificate of Title of the owner of the
Order of Conditions is issued A description of the specific land upon wtact the proposed work is done. The recording
information which is lacking and why it is necessary is Information shad be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission an the form at the end of this Order,which
form must be stamped by the Registry of Deeds.prior to the
General Condidars commerx:ement of the wioic.
1. Failure to comply with ail conditions stated herein,and with 9. Q sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures.shall be feet or more than three square feet in size bearing the
deemed cause to revoke or,modify this Order. words,
"Massachusetts Department of Ernrconmentai Pmtec don"
Z. The Order does not grant amt property rights or arty (or,"MA DEP"I-Fie Number
exclusive privileges it does not authorize any injury to 242-1016
private property or invasion of private rights. "
Prgecrtire
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. 10.Whem the Department;of awiroramentaal Protection is
bylaws,or regulations. requested to issue a Sfrtg Order,the Conservation
Commission shad be a party to all agencj proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicaru
(a)the work is a maintenance dredging pmject as provided shall submit a Rquest for Certificate of Compliance(WPA
for in the Act or I=8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified data more than three years,but less than five 12-The twill shall conform to the following attached plans and
years,from da date of issuance. If this Order is intended mal condiponw.
w be valid for more than three years,the extention date
and the special d mmstances warranting the extended Pmol Appy Plans(attach additional pian references as
time period are set forth as a special condition in this wed)
Order.
Topographic, As-Built Plan for 20-Abbott St.
5.This Order may be extended by the issuing authority for ra
one or more periods of up to three years each upon !. December 1, 1997, REV 5/5/02___
application to the issuing authority at least 30 days prior to 0Jra9
the expiration date of the Order. Christopher:Francher, RPLS
6. Any fill used in connection with this project shall be clean sirAC'wCsr4Y
fill. Any fill shall contain no trash,refuse,rubbish,or
onBk»iUr
Massar,�uwm Department of F.nvironmeittai Protection _
Bureau of Resource Protection- Wetlands 242-1016
20 Abbott St.
WPA Form 5 - Order of Cones
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the pians identified in Condition t 12 above Furthermore.the
shall require the applicant to inquire of the Conservation North Andover
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intern. caMMMcamam
` hereby farads(chec+c one thatapplies):
14.The Agent or members of the Conservation Commission
and Department of Ernironmerna! Protection shall have the C that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to'this Order at set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
dons stated in this order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Cepanment far that evaluation. wamsandwrmndrinMPNIaK .aranirarxa
15.This order of Conditions shall apply to any successor in Therefore,work an this project may not go forward unlessand urd a revised.Notice°f Intent is submitted which
interest or successor in control of the Property subject to � measures which are adequate to meet these
this Order and t°any mntracx°r or other persona perform standards and a Final Order of Conditions is issued.
ing work conditioned by this Order.
16.Prior to the scan:of vwrk,and if the project involves work l3 that the fol(owiM additional conditions are necessary to
oompiy with a municipal law,bylaw,or ordinance.specifi
adjacent to a Bordering Vegetated Wetland.the boundary of ally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place. Chp 178 of the Code of North A„JQver
the wetland boundary markers shall serve as the limit of MManaCOW dnxanCOIa K TardlMM
work(unless another limit,of work line has been noted in
the plans of record)and be maintained until a Certificate of The Commission orders that all the work shall be performed
Compliance has been issued by the Conservation Commis- in accordance with the said additional conditions and with
sicn. the Notice of Intent referenced above. To the extern that the
17. All sedimentation barriers shall be maintained in good following cmx tions modify or differ from the plans,
repair urd all disturbed areas have been fully stabilized speff=d=or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of`lrn conditions shall control.
be deposited in a wetland or water body. Da*g construc-
don.the applicant or his/her designee shall inspect the Additional axxieons relating to municipal law,bylaw,or
erosion==Is on a daily basis and shall mmove ordinance:
ac=nuiamd sediments as needed The applicant shall
immediately control any erosion problems that occur at the See attached conditions,
site and shall also immediately nota the Conservation
ry
Commission,which reserves the right to require additional
erasion ardor damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
See attached conditions.
'l
DEP FILE #242 - 1016
Therefore, the North Andover Conservation Commission(hereafter the "NACC")
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations,the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify_or'
differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19.This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further, work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
21.The work authorized hereunder shall be completed by no later than July
1, 2000. Failure to complete said work by 7/1100 will subject the
applicant to a $100/day fine until the work is fully completed to the
satisfaction of the NACC or an Agent thereof.
22.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.
CAWinword\00C\242-1016.doc 1 NACC 06/08/2000
DEP FILE #242 - 1016
23.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.
24.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.
25.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.
26.The proposed work includes: Construction of a 160 s.f. patio(which
already exists), reconstruction of a stone wall in accordance with
Enforcement Order dated July 29, 1999 (copy attached) and the
installation of mitigation plantings within the Buffer Zone to a Bordering
Vegetated Wetland (BVW). The subject work is outside the Riverfront
Area to Mosquito Brook and floodplain.
27.The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by Christopher Sawyer, applicant
Hemenway& Barnes, Diane Tillotson, Esq.,
Representative dated May 5,2000 as received
By the North Andover Conservation
Commission (NACC)
Site Plans prepared by: M.H.F. Design Consultants, Inc.
Entitled "Topographic As-Built Pian"
Dated December 1, 1997, REV 5/5/00
Signed and Stamped by: Christopher Francher, RPLS
CAWinword1000242-1016.doc 2 NACC 06/0612000
DEP FILE#242 - 1016
28.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW). These resource
areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified
interests.
29.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
30.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25`) No-Disturbance Zone and a fifty foot(501) No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area with the exception of the patio only which exists within the 50' No
Construction Zone. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No disturbance of existing grade, _soils or vegetation
is permitted in the No-Disturbance zone.
31.There shall be no increase in the post development discharges from the
storm drainage system or any other changes in post development conditions
that alter the post development watershed boundaries as currently depicted
in the Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
32.This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
33.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and
its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order` Issuance of these Conditions does not in any
way imply or certify that the siteor downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
CAWinword\00C\242-1016.doc 3 NACC 06/06/2000
DEP FILE #242 - 1016
the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
34.The NACC finds the applicant's proposal for 480 sq. ft of mitigation
plantings to be adequate. The plantings will mitigate any adverse
impacts relative to the patio construction. The plantings will consist of
1 hawthorn plant minimum of 4' in height and any combination of the
following plant species: Highbush blueberry, nannyberry, winterberry,
bayberry, servicebeny, gray dogwood or red-oiser dogwood. All
plantings will be installed on 5'centers and will be planted > 25' from
the Bordering Vegetated Wetland (BVW) in front of the stone wall (on
the house/upland side). The plantings will start at the westernly
property line and will continue 130' towards the easternly property line. -
35. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
36.No work shall be undertaken until all administrative appeal periods from this
Order have elapsed or, if such an appeal has been filed, until all proceedings
before the Department or Court have been completed.
37.This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of Deeds
or the Land Court for the district in which the land is located, within the chain
of title of the affected property. In the case of recorded land, the Final Order
shall also be noted in the Registry's Grantor Index under the name of the
owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is
to be done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense,
38.A sign shall be displayed at the site not less than two square feet or more
than three square feet in size bearing the words "Massachusetts
Depertment of Environmental Protection, File Number 242-1016
Expiration date=-----."
CAWinward\00C\242-1016.doc 4 NACC 06/08/2000
DEP FILE#242 - 1016
39.Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant, the NACC will call for another public hearing (at the
expense of the applicant). Within 21 days of the close of said public hearing
the NACC will issue an amended or new Order of Conditions. Any errors
found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by
other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on
a project until written approval has been granted by the NACC
40. It is the responsibility of the applicant, owner, and/or successor(s)to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
41.Prior to any work commencing on-site, the;applicantshall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
42.Wetland flagging (or stakes) shall be checked prior to start of construction
and shall be re-established where missing. All wetland flagging shall remain
visible and enumerated per the approved plan(s) throughout the life of the
project and until a Certificate of Compliance is issued so that erosion control
measures can be properly placed and wetland impacts can be monitored.
The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked
and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. All flags used for the above purposes shall be
of a color different from other flagging used on the site.
CAWinword\00C\242-1016.doc 5 NACC 06/06/2000
DEP FILE#242- 1016
43.A row of double staked hay bales backed by trenched siltation fence shall
be placed between all construction areas and wetlands. The erosion control
barrier will be properly installed and placed along the entire limit of work and
> 25' from the Bordering Vegetated Wetland (BVW) and shall be inspected
and approved by the NACC prior to the start of construction. The erosion
control shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be
implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any
impacts which could result from site erosion, or any noticeable degradation of
surface water quality discharging from the site. For example, installation of
erosion control measures may be required in areas not shown on the plan(s)
referenced in this Order of Conditions. Should such installation be required
by the NACC, they shall be installed within 48 hours of the Commission's
request.
44.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 15 extra hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be
used for the normal control of erosion.
45.A check payable to the Town of North Andover (secured as a performance
bond) shall be provided in the amount of$1,500 which shall be in all
respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and
shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned
on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of
continuing nature. The applicant may propose a monetary release schedule
keyed to completion of specific portions of the project for the NACC's review
and approval. This condition is issued under the authority of the local
Bylaw.
46.In addition, and prior to any work on site, the applicant shall submit a
$1,500 inspection fee to the NACC. This Order of Conditions shall be in
effect upon payment of.
CAWinword\00C\242-1016.doc 6 NACC 06/06/2000
DEP FILE #242 - 1016
47.Prior to construction and following the placement of erosion control devices,
the applicant shall be responsible for constructing a fieldstone wall of at least
30" in height to act as a permanent barrier preventing any
encroachment/disturbance into the 25' No Disturbance Zone. The subject
wall shall be constructed > 25'from the Bordering Vegetated Wetland
(BVW). The stone wall shall commence on the westerly property line and
shall extend 130' towards the easterly property line. The stone wall shall be
constructed in accordance with the attached detail.
48.The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party,
subject to said Orders of Conditions, the "Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating
that said applicant and/or owner has read these Orders of Conditions
and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
49.Once these above mentioned pre-construction requirements are
complete, the applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site conference
with an NACC representative, the contractor, the engineer, wetland
scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction
contracts, subcontracts, and specifications dealing with the work proposed
and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware'of the 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).
CAWinword\00C\242-1016.doc 7 NACC 06/08/2000
DEP FILE #242 - 1016
DURING CONSTRUCTION
50.The applicant shall submit weekly written progress reports 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.
51.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.
52.No exposed area shall remain unfinished for more than thirty 30
p Y ( ) days,
Y ,
unless approved by the NACC.
53.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.
54.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area
55.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
56.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal
of waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means)at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject to protection underthe Act or
local ByLaw.
57.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
58.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
shalt 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.
CAWinword\00C\242-1016.doc 8 NACC 06/08/2000
DEP ifi'II.E #242 -1016
AFTER CONSTRUCTION
59.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.
60.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.
61.Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by foaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
62.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. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
e. The street address and assessor's map/parcel'number for the project.
f. The DEP file number.
g. The applicant shall submit a written statement certifying that the work
has been Constructed in accordance with the Order of Conditions.
h. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Land Surveyor of the Commonwealth,for the public
record. This plan will include:
➢ 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.
CAWinword\00C\242-1016.doc 9 NACC 06/08/2000
DEP FILE#242 - 1016
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Works includes any disturbance of
soils or vegetation.
The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP #242-
1016. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. The
Conservation Administrator:and/or other agents of the NACC do
not have the authority to waive these setbacks as established
under the local ByLaw(condition#30)
➢ Plantings (condition #34)
➢ Stone wall (condition #47)
➢ Pollutants condition #58
➢ Prohibition of underground fuels (Condition#59)
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Condition#60)
CAWinword\OOC\242-1016.doc 10 NACC 06/08/2000
DEP FILE #242 - 1016
APPENDIX A -AFFIDAVIT
on oath do hereby depose and state
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions'
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. 1 am the of
(Position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every Condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature authorized agent of applicant or owner)
CAWinword\00C\242-1016.doc 11 NACC 06/06/2000
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection- Wetlands
PAS Form 9A - Enforcement Order for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wetland
Protection Bylaw.
13 Violation Information
This Enforcement Order is issued by: Extent and type of activity:
CctnevaUon Corrmusron(Issuing Authority) �—
To:
12 Lou
Name of vioiara 0— V Fi0 1 d 0i,-de-P,
a L J
Location of Violation: Conal
S! A dress
pe-ffi A� d hyo o N ►e 'S V eto s
cty/fown oy
U-
Assessors Afa�YPlatl /totJ
9 4-e n u-),
Date of Issuance: ex a *&X
Date JI
y Findings
The Issuing Authority has determined that the activity Q Other(specify):
described above is in violation of the Wetlands Protection Act
(M.G.L.c.131,§40)and its regulations(310 CMR 10.00), Vi(DIC_t.'H11 �Y(JQ f >J
because
;7t*he activity has been/is being conducted without a-valid
Order of Conditions. i, tr�l -t rmS
❑ the activity has beeNis being conducted in violation of
the Order of Conditions issued to:
I �"rusf
Name
2
Dared—A-- S H (,— 1 Z3
File Number
Condition numder(s)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WIRA Form 9A - Enforcement Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
13 Order /
The Issuing Authority hereby orders the following(check all [� The property owner shall take the following action to
that apply): prevent further violations of the Act:
Com• The property owner,his agents,permittees,and all - YlShy-e_ S-bee �ua-tl Is 1 (,(.SAS
others shall immediately cease and desist from the further
activity affecting thr Zone and/or wetland resource �'Y'fS�-ir1C}
areas on this property.. &Vrbq:te
'' il
F-1Wetlandalterations resulting from said activity shall be �,{.�fit)alk o b 0,-5'a4 leAsf 3 Nn �, ,Za'htiin Vx6 a e.. �or
corrected and the site returned to its original condition.
fimo _e
Drt�n e Y ,t
❑ Complete the attached Notice of Intent.The completed
application and plans for all proposed work as required by
the Act and regulations shall be filed with the Issuing
Authority on or before (date).,
No further work shall be performed until a public hearing Failure to comply with this Order may constitute grounds
has been held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws
to regulate said work. Chapter 131,Section 40 provides:"Whoever violates any
provisions of this section shall be punished by a fine of not
more than twenty-five thousand dollars or by imprisonment
for not more than two years or both.Each day or portion
thereof of continuing violation shall constitute a separate
offense."
Appeals/Signatures
An Enforcement Order issued by a conservation commission
cannot be appealed to the Department of Environmental Signatures:
Protection,but may be filed in Superior Court.
Questions regarding this Enforcement Order should be
directed to:
Name
Phone Numbs
HgndM
i�1l - g: 0 9i3�
HOVS,Days� AVar/abld
Issued by Vy b 9� AY aouw_ \\
Conservation Commission
In a situation requiring immediate action,an Enforcement
Order may be signed by a single member or agent of the signmireofdeirveypersonorcemfiedmarrnumbT
commission and ratified by a majority of the members at the
next scheduled meeting of the commission.
n......n„s
............
CAPSTONES FITTED FOR
MINIMAL JOIfJTS IB'�
BREAK HORIZ.E VERT. JOINTS
EVERY THIRD STONE OR
LESS. o
tr,
ALL JOINTS TO BE DEEP
+ 25' MIN '
RAKED - NO MORTAR TO TO EDGE OF WETLAN05
SHOW ' 1
FIN15H GRADEA&- lFI \.,
co
COMPACTED CRUSH
STONE BASE
UNDI5TURBED SUBGRADE
OR COMPACTED GRAVEL
FREE STANDING STONEWALL
Nor To 5CALE
242-1016
Massaafii setts Department of Environmental Protection __. 2.0 Abbott S t.
Bureau of Resource Protection— Wetlands
WPA Form 5 - Order of Cot-ditii ns
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
13 Findings (cont)
This Order is valid for three years.unless otherwise specified On this
as a special condition pursuant to General Conditions t'4, 7th
from the date of issuanco.
June 7, 2003 day of June
Gare
I
This Order must be signed by a majority of the conservation 2000
commission.The Order must be mailed by certified main Y°'r
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Scott Masse
time to the appropriate regional offics of the 0epanrnent of
Environmental Protection. �..--
to me known to be the person described in and who executed
Signatures: the foregoes instrument and ad=wledged that heishe
uz:uted to sante as hislher free act and deed.
maypok -
n� r ® ...
This Order is issued to the applicant as follows:
' C3 by hand d6my on
aw
in by&'fMmail.W= edton
June 8, 2000
aw
Appeals
The applicam the owner,any person aggrieved by this Order, The request shop state clearly and concisely.the objections 10
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how die.Order does not
any ten residents of the city or town in which such land is contrtute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wedands Protection Act(USL c.131,§40
appropriate Oeparanent of Environmental Protection Regional and is incorsistgt yAhr the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extern that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts wetlands Protection Act
Department.with the appropriate filing fee and a completed or regutad=the Department of-Environmental Protection has
Appendix E.Request for Departmental Action Fee Transmittal no appeilate jrui cion
Farm,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 heishe is not the appellant.
n,.... . ..c.,C
Massachusetts Oeparownt of Eavimaimntal Pratectica 2 4 2-i O 1.6
Bureau&Resource Protection—Wetlands 20 Abbott St.
WPA Form 5 - Order of Cod itis
1 and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, 540 protection Bylaw.
0 Recording Information
This Order of conditions must be recorded in the Registry of
Oeeds or the land Court for the district in which the land is
located,within the chain of tide 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 an the land Court Certificate of Tide
of the owner of the land subject to the Ott of Conditions.The
recording information shall be submitted to the
North Andover
C�rarvmanCammsaan
an the form below,whidm must be stamped by the Registry of
Oeeds.
Detach an dotted line and submit to the Corsemdon Commission.
To:
CaresevaanCamr�an
Please be advised that the Order of Conditions far the project
at
pgeaL=Mfl 01?R*Munoar
has been recorded at the Registry of Deeds of
cam
and has been noted in the amain of tide of the affected Property
in
8aok
PVe
in accordance with the Order of Conditions issued on
on
If recorded land,the instrument number which identifies this
transaction is
lasn=er Noor
If registered land the document number which identifies this
transaction is
UoarmarNurrmer
5�rtceorApplacyr
n...... c..r e
Ma=c.Susetts Deparwwnt of Eavimameatal Pratectioa 242-10.16
Bureau of Resource Protection— Wetlands 20 Abbott S t.
r
. WPA Appendix E Request for D ar�mental Action a�Tran�miAtaao 9�
1 4Q d Nor r Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 13 , Protection Bylaw.
'lease type or
irint dearly all RegUeSf InfOrMatlOn
Tkrmadon
equested an this
3rrn. 1. Person or party making request(if appropriate.name the 2 Applic=(as shown an Notice of Intent.Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
442dingAdd=
M1aftA s
GIyrTaMt
C*TOW
Sae JP cow
Slue Jrp Cad+'
PRaeMrrr»aer
PAGneNtmaei'
Far Marner(il�trc0lq
fscnRnaO�r(�rpp+�1
Project Location: DEP File Number
9rznrAdaess
i
t Ins=c9cnS
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this farm,state c!eariy and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Oeterminta-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw.and not an the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of awkemriental Protection has no appellate
Send this form and a check or money order for$50.00. junisd n.
payable to the Commonwealth of Massachus=tc
3. Send a ctrpyof this form and a copy of the deck or money
Dept.of Environmental Protection order with the Request for a Superseding DeMrrnimtian or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston.MA 02211 DEP regional office as listed'in Appendix A
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
Sion and to the applicant;if he/she is not the appeilam
auirau ui rce�uucdru�c�Lwii— rvcuaijuw 20 Abbott Street
SPA .
Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
` Project Information
ti
i. This Certificate of Compliance is issued by: I The project site is located at:
North Andover -North Andover
corwmiw con-von wo"
20 Abbott Street
To: S�w
Instr. #5714
Christopher M. Sawyer axrtori
Name
20 Abbott Street
and the final Order of Conditions was recorded on
,tladngAd&W
North Andover June. 20, 2000
SMA 01845 at the Registry of Deeds for
-7a2 JP ca*
North Essex Instr. #16164
2 This Certificate of Compliance is issued for work regulated COIF BpOx P
by a final Order of Conditions issued to:
Crrolrate(ffrogisreed land)
Christopher M. Sawyer
4. A site inspection was made in the presence of the applicant.
Jiipe 7, 2000 ,or thea applicant's s a on: i
pa
047 f1k eh M&T 00
Certification
Q Invalid Ordw of Cwdidonx,lt is hereby certified that
(Check all that apply): the work regttlaLe by the above-referenced Order of
conditions aver commenced.
The Order of Conditions has
Fbie
Certificatioreisycertified that the lapsed and is therefore no longer valid. No futttre work
ric relby the above-referenced Order of Candi subject to umber the Wetlands Protection Act may
tionssatisfactorily completed. commence without filing a new Notice of Intent and..
receiving a new Order of Conditions.
Q Partial Certification:It is hereby certified that only the
following portions of the work regulated by the above-- Ongoing Conditions:The following conditions of the
referenced Order of Conditionshave been satisfactorily tiler shall conte:(Include arty conditions contained in
completed The project areas or work subject to this pallial the Final Order,'such as maintenance or monitoring,that
certification which have been completed and are released should continue For a longer period.)
from this Order include:
Condition Numbers.
Massaclutset DsQ rUwnt of Environmental Protection 242-1016
Bureau of Resource Protection- Wetlands 20 Abbott 's t r e e t
SPA Form SB - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this 20th
Issued by:
North Andover day of
September .
September 20, 2000 2000
ofe or Israr a Year
This Certifintion must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP Regional 0 (See Appendix A).
Signatures) tome known to be the person described in and who executed
the foregoing irnsttumeru and acknowledged that he/she
executed the same as his/her free act and deed.
' Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Oeeds or the Land Court
for the district in which the land is located
Detach on dotted line and submit to the Conservation Commission.
To: If recorded land,the instrument number which identifies this
transaction is
Coasawm commsron
Please be advised that the Certificate of Compliance for the
project at haetammrdarrdr
If registered land the documentnumber which identifies this
transaction is
Proje7 Lemon
file,V=CAo4nnP�r MlmL�+
has been recorded at the Registry of Deeds of
sig r"e o/Appida
Carry
and has been noted in the chain of title of the affected property
on
oae
Poaa
rye