HomeMy WebLinkAboutBROOKVIEW COUNTRY HOMES Massachusetts Department of Environmental Protection Lot 32 Bridle Path
Bureau of Resource Protection- Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
General Information
From: 3. Title and Final Revision Date of Plans and Other Documents:
North Andover
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Conservation Commission
1. Applicant:
Brookview Country Homes �t��c�� �T� ���e� ��''`� •
Name of Person Maldrrg Request
P.O. Box 531
Mailing Address
North Andover, MA
Cirylfown
MA 01845
State Zip Cade ,
2. Property Owner:
Same
Name ofProp*Owner(if dilf from applicant)
Mailing Address
Citylfown
Sta:e Zip Code
Determination
Pursuant to the authority of M.G.L.c.131,§40,the
North Andover
Conservation Commission
has considered your Request for a Determination of
Applicability,with its supporting documentation,and has
made the following Determination regarding:
Lot 32 Bridle Path
SUW Address
North Andover 01845
Citylfown Zip Code
104C 13
Assessors MaplPlat/ ParceA #
n......1 ..i e
Massachusetts Department of Environmental Protection Lot 32 Bridle Path
Bureau of Resource Protection- Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Determination (cont.)
The following Determination(s)is/are applicable to the ❑ 5.The area and/or work described on plan(s)and
proposed site and/or project relative to the Wetlands document(s)referenced above,which includes all or part of
Protection Act and Regulations: the work described in the Request,is subject to review and
approval by
Positive Determination North Andover
Note:No work within the jurisdiction of the Wetlands Nana ofantipaldy
Protection Act may proceed until a final Order of Conditions
(issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance
Abbreviated Notice of Intent)has been received from the (name and citation of law).
issuing authority(i.e.,conservation commission or the Ch 178 of the Code of
Department of Environmental Protection). p'
❑ 1.The area described on the plan(s)referenced above, North Andover
which includes all or part of the area described in the
Request,is an area subject to protection under the Act.
Therefore,any removing,filling,dredging,or altering of
that area requires the filing of a Notice of Intent. ❑ 6.The following area and/or work,if any,is subject to
2.The delineations of the boundaries of the resource municipal bylaw but not subject to the Massachusetts
areas listed directly below,described on the plan(s) Wetlands Protection Act:
referenced above,which includes all or part of the area
described in the Request,are confirmed as accurate:
wF T01- WFZ0SEGN } WF t�S'
W P l o k Emil
❑ 7.If a Notice of Intent is filed for the work in the Riverfront
Area described on plans and documents referenced above,
Therefore,the resource area boundaries confirmed in this which mckides all or part of the work described in the
Determination are binding as to all decisions rendered Request,the applicant must consider the following
pursuant to the Wetlands Protection Act and its regulations alternatives(Refer to the Wetlands Regulations at
regarding such boundaries for as long as this Determina- 10.58(4)c.for more information about the scope of
tion is valid.However,the boundaries of resource areas not alternative requirements)
listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the project is
tion,regardless of whether such boundaries are contained located.
on the plans attached to this Determination or to the
Request for Determination. ❑ Alteratives limited to the lot on which the project is
❑ 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly
referenced above,which includes all or part of the work or presently owned by the same owner.
described in the Request,is within an area subject to ❑ Alternatives limited to the original parcel on which the
protection under the Act and will remove,fill,dredge,or project is located,the subdivided parcels,any adjacent
alter that area.Therefore,said work requires the filing of a parcels,and any other land which can reasonably be
Notice of Intent.
obtained within the municipality.
❑ 4.The work described on plan(s)and document(s) ❑ Alternatives extend to any sites which can reasonably
referenced above,which includes all or part of the work be obtained within the appropriate region of the state.
described in the Request,is within the Buffer Zone and will
alter an Area subject to protection under the Act.Therefore,
said work requires the filing of a Notice of Intent.
'1..F A
Massachusetts Department of Environimntal Protection
Bureau of Resource Protection- Wetlands Lot 32 Bridle Path
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Detennination (cont.)
Negative Determination ❑ 5.The area described in the Request is subject to protection
Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the
is required by the applicant.however,if the Department of requirements for the following exemption,as specified in
Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required:
ing Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such
request within 35 days of the date the request is post- Exe*&Mly
marked for certified mail or hand delivered to the Depart-
ment.Work may then proceed at the owner's risk only
upon notice to the Department and to the conservation ❑ 6,The area andlor work described in the Request is not
commission.Requirements for requests for Superseding subject to review and approval by
Determinations are listed at the end of this document.
North Andover
❑ 1.The area described in the Request is not an area subject NanxofAtrucipaldy
to protection under the Act or the Buffer Zone.
pursuant to a municipal wetlands law,ordinance,or bylaw,
❑ 2.The work described in the Request is within-an.area (name and citation of bylaw).
subject to protection under the Act,but will not remove,fill, Chp. 178 of the Code
dredge,or alter that area.Therefore,said work does not
require the filing of a Notice of Intent of North Andover
❑ 3.The work described in the Request is within the Buffer
Zone,as defined in the regulations,but will not alter an
Area subject to protection under the Act.Therefore,said
work does not require the filing of a Notice of Intent.
❑ 4.The work described in the Request is not within an Area
subject to protection under the Act(including the Buffer
Zone).Therefore,said work does not require the filing of a
Notice of Intent,unless and until said work afters an Area
subject to protection under the Act.
AuthoriZatlon This Determination must be signed by a majority of the
conservation commission.A copy must be sent to the
This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection
as follows: regional office(see appendix A)and the property owner(if
different from the applica }!
❑ by hand delivery on
Signatures:
Date
iU by cxiftifinail,relLmmaonq=Wd on
December 7, 2000
we
This Determination is valid for three years from the date of
issuance(except Determinations for Vegetation Management
Plans which are valid for the duration of the Plan).
This Determination does not relieve the applicant from
complying with all other applicable federal,state,or local
statutes,ordinances,bylaws,or regulations.
December 6, 2000
n,,.. inion
we
F1......7..F w
Massachusetts Department of Environmental Protection4Lot 32 Bridle Path
Bureau of Resource Protection- Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Appeals
The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at
tion,any owner of land abutting the land upon which the the same time be sent by certified mail or hand delivery to the
proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not
town in which such land is located,are hereby notified of their the appellant.The request shall state clearlyan d concisely the
right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the
Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw,
tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or
mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no
filing fee and Fee Transmittal Form(see Appendix E:Request appellate jurisdiction.
for Departmental Action Fee Transmittal Form)as provided in
310 CMR 10.03(7)within ten business days from the date of
fl...... A ..f A
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands Lot 32 Bridle Path
WRA Appendix E .Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Mailing Address
MailingAddress
City/fown
State Zip Code
State Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DER File Number:
S7ree(Address
City/fovm
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding.Order of Conditions which is being appealed.To the extend that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to:
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination 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 appellant.
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions 242-1054
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: From:
When filling
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Brookview Country Homes, Inc. Paul&Sharon Hayes
Name Name
retran
P.O. Box 531 89 Bridle Path
Mailing Address Mailing Address
North Andover MA 01845 North Andover Ma 01845
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Lot 32 Bridle Path North Andover, MA
Street Address City/Town
I'0 q 'C_ IS
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
ES3e
County Book Pade
Certificate(if registered land)
3. Dates:
12/20/00 2/7/01
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
d� eJ \_'khN _ to+ 3Z &rLj Vjl1 . t�I�roo REV 1[s(01
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
-I �- ('ve1�ete-
Name
6. Total Fee:
ki
(from Appendix B:Wetlan Fee Transmittal Form)
Wpaform5.doc.rev.2/12/01 Page 1 of 7
t
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1054
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
LAI I
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
Public Water Supply ❑ Land Containing Shellfish fP Prevention of Pollution
J Private Water Supply Fisheries J�g Protection of Wildlife Habitat
Groundwater Supply Storm Damage Prevention [id Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
the following conditions which are necessary,in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Wpaform5.doc-rev.2/6101 Page 2 of 7
f T
Massachusetts Department of Environmental Protection
DEP File Number:
• - Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1054
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years fromthe 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 thanthree
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes; refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to .
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1054 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform6.doc•rev.2/6/01 Page 3 of 7
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions 242-1054
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply o I t any Y successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Chapter 178 of the Code of North Andover
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform5.doc-rev.2/6/01 Page 4 of 7
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DEP FILE #242 - 1054
Therefore, the North Andover Conservation Commission(hereafter the
"NACC") hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations,the local
ByLaw and Regulations, to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued,to
evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII
(B)(p.33) of the North Andover Wetland Regulations).
C:\Winword\OOC\242-1054 1 NACC 2/7/2001
n ( ,
DEP FILE #242 - 1054
23. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant.
24. Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
25. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
26. The term"Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
27. The proposed work includes: The construction of a single family dwelling
and associated utility services, driveway and site work within the 100' Buffer
Zone to a Bordering Vegetated Wetland (BVW).
28. The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Marchionda&Associates(Representative)
62 Montvale Ave.
Stoneham,MA 02180
Site Plans prepared by: Marchionda&Associates(Representative)
62 Montvale Ave.
Stoneham,MA 02180
Dated 12/8/00 REV 1/5/01
Stamped by David T.Ouellette,P.E.;
Stephen M.Melesciuc,R.P.L.S.
29. 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.
CAWinword\00C\242-1054 2 NACC 2/7/2001
DEP FILE #242 - 1054
30. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade,soils or vegetation is permitted in
the No-Disturbance zone. (See Section III(D) &Appendix G of the local
Regulations).
32. 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.
33. This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
34.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commissions jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
to flooding, storm damage or any other form of water damage. Maintenance
of the drainage system,if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
CAWinword\00C\242-1054 3 NACC 2/7/2001
DEP FILE #242 - 1054
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 Department of
Environmental Protection,File Number 242-1054."
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.
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DEP FILE #242 - 1054
40. It is the responsibility of the applicant, owner,and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of construction.
41. Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas,installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
42. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The proposed
limit of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete. Workers
should be informed that no use of machinery,storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this
line at any time. All flags used for the above purposes shall be of a color
different from other flagging used on the site.
43. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall
be implemented at the direction of the NACC. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any
impacts which could result from site erosion, or any noticeable degradation
of surface water quality discharging from the site. For example,installation
of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the
Commissions request.
CAWinword\00C\242-1054 5 NACC 2/7/2001
DEP FILE #242 - 1054
44. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the
amount of$3,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC,have been made for performance
of any conditions which are of continuing nature. The applicant may propose
a monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under
the authority of the local ByLaw.
46. The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period,including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. At least once during
each week in which construction activities occurs on-site and for as long
thereafter as ground remains unstabilized, the applicant shall submit a
certifying
written report from the Erosion Control Monitor to the NACC
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.
CAWinword\000242-1054 6 NACC 2/7/2001
DEP FILE #242 - 1054
47. Prior to construction, the applicant shall permanently mark the edge of the
"25' No-Disturbance Zone"with signs or markers spaced evenly every 50
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.
48. Prior to construction,the applicant shall construct a stone wall permanent
barrier along the edge of the 25' No-Disturbance Zone to prevent future
encroachment.
49. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC prior
to transferring, or assigning any portion of said land to another party,
subject to said Orders of Conditions,the "Compliance Certification Form
Affidavit" attached via"Appendix A" signed under the pains and penalties
of perjury, stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This
document shall apply 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.
50. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative,the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g.72 hours).
CAWinword\000242-1054 7 NACC 2/7/2001
DEP FILE #242 - 1054
DURING CONSTRUCTION
51. IMPORTANT: Immediately upon completion of the dwelling foundation,
and prior to further construction activities associated with the site,the
applicant shall complete a plan prepared by a Registered Professional Land
Surveyor of the Commonwealth (R.P.L.S.)which accurately depicts the
foundation location and it's proximity to wetland resource areas as approved
under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
52. Upon beginning work, the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will
update the construction sequence.
53. Approved de-watering activities shall be supervised and witnessed by the
designated erosion control monitor in a predetermined location. This
designee must be on-site while work specific to de-watering is occurring and
until it is complete. De-watering activities shall be conducted as shown on
the approved plans and shall be monitored daily by the erosion control
monitor to ensure that sediment laden water is appropriately settled prior to
discharge toward the wetland resource areas. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection
Act and/or the North Andover Wetland ByLaw. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the
Commission for approval which provides for the pumped water to be
contained in a settling basin,to reduce turbidity prior to discharge into a
resource area.
54. 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.
55. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
CAWinword\00C\242-1054 8 NACC 2/7/2001
DEP FILE #242 - 1054
56. 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.
57. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
58. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
59. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local
ByLaw.
60. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
61. During and after work on this project,there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one(1)business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
CAWinword\OOC\242-1054 9 NACC 2/7/2001
DEP FILE #242 - 1054
AFTER CONSTRUCTION
62. 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.
63. 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.
64. After completion of work, the applicant shall permanently mark the edge of
wetland resource areas and the "No-Disturbance Zone"with signs or
markers designating their sensitivity and the approved permanent barrier.
This will ensure no further inadvertent encroachment into the wetland.
These permanent markers and permanent barrier 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.
65. Upon completion of construction and grading,all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
66. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as art of a request for a Certificate of Compliance:
P
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
CAWinword\00C\242-1054 10 NACC 2/7/2001
DEP FILE #242 - 1054
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 ed 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 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 Registered Professional Land
Surveyor of the Commonwealth,for the public record. This plan will
include:
➢ "As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If portions of the
stormwater systems exist partially within the Buffer Zone than
the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the local
Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions,fences,
sheds,stone walls, pools,retaining walls, subsurface utilities
and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes as disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
CAWinwordl000242-1054 11 NACC 2/7/2001
T
DEP FILE #242 - 1054
67. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations approved under DEP # 242-
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC (refer to Section XI
(page 18) of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition# 61);
➢ Prohibition of underground fuels (Condition#62);
➢ Limitations on the use of fertilizers,herbicides and pesticides
(Conditions #63).
CAWinword\OOC\242-1054 12 NACC 2/7/2001
4
DEP FILE #242 - 1054
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
. (position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. 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)
C:\Winword\00C\242-1054 13 NACC 2n/2oo1
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1054
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See Attached Conditions
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of-issuance.
2/7/01 -2/7/04
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time t2jhe appropriate Department of Environmental Protection Regional
Office (see Appendix A)and pr owner(if different from applicant).
Signatures:
On February 7th Of 2001
Day Month and Year
before me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she a ecuted the same as his/her free act and deed.
PKIBYERLEY
Notary ublic My Commission ExKi 8la� Public
This order is issued to the applicant as follows: commission F�x ",
. July 5,2007
❑ by hand delivery on by ce4i&W mail, on
-z-IIL1I0�
Date Date
Wpaform5.doc-rev.2/6/01 Page 5 of 7
r
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection- Wetlands
L11
WPA Form 5 - Order of Conditions 242-1054
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Actor regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc•rev.2/6/01 Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
I
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
242-1054
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc•rev.2/6/01 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
r� Project Location
Mailing Address
tartan
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendix E•rev.2/6/09 Page 7 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform5.doc•Appendix E-rev.2/6/01 Page 2 of 2