HomeMy WebLinkAboutMiscellaneous - 36 BEAVER BROOK ROAD (, I2� n, 4e
ew 100 13
Massachusetts Department of Environmental Protection FAtc a3)
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B Certificate of Compliance
2-894
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24Provided
by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Shawn Mahalati
computer, use Name
only the tab
key to move 36 Beaverbrook Road
your cursor- Mailing Address
do not use the North Andover MA 41845
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
DECM Essex,Inc.
Name
' January 8, 1998 242-
894
Dated DEP File Number
3. The project site is located at:
36 Beaverbrook Road (Lo#13) North Andover
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
DECM Essex, Inc.
Property Owner(if different)
Essex North District Inst. 16851
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent, on:
9/19/02
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.12/15/00 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B - Certificate of Compliance Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24
Provided
by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following,conditions of the Order shall continue: (include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
48
C. Authorization
Issued by:
North Andover Conservation Commission l Y/ob a,
Conservation Commission Date of lbsuafice
This Certificate must be sign a majority of the Conservation Commission and a copy sent'to the
applicant and appropriate ffic See Appendix A).
Signa/es-
On
igna/ es:On Of {coder oZ�Oo�
Day Month and Year
before me personally appeared
'Sc-oft Mass
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
' /7 AX? .
Notary Pubic 47 My commission c imsissi expires
wpaform 8b.doc•rev.12/15/00 Pape 2 of 3
w
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-894
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24
Provided
by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc rev.12/15/00
Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
1
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer,use Conservation Commission
only the tab
key to move To: Applicant Property'Owner(if different from applicant):
your cursor-
do not use the Siavash Mahalati
return key. Name Name
36 Beaver Brook Road
Q Mailing Address Mailing Address
North Andover MA. 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
RDA 2/24/04
Title Date
Proposed Subsurface Sewage Disposal System Plan, Sheets 1-2 2/9/04, revised
Title 3/26/04
Title Date
2. Date Request Filed:'
2/24/04
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability,with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Grading activities associated with the installation of a subsurface sewage disposal system within the
Buffer Zone to a bordering vegetated wetland associated with Towne Pond.
Project Location:
Lot 2 Forest Street North Andover
Street Address City/Town
Map 1056 Lot 2
Assessors Map/Plat Number ParceVLot Number
wpaform2.doc•rev.12/15/00 Page 1 of 5
Massachusetts Department of Environmental Protection
L7-1
Bureau of Resource Protection -Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection)_
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing, filling, dredging, or altering ofthe area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether,such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3.The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge,'or alter that area. Therefore, said work
requires the filing of a Notice of Intent. -
❑ 4. The work described on referenced plan(s)and document(s) 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.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•rev.12/15/00 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands,
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limitedtothe lot on which the project is located, the subdivided lots,and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However,if the
Department is requested to issue a Superseding 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-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 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, subject to the following conditions(if any).
See attached condition
❑ 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 alters an Area subject to protection under the Act.
w aform2.doc•rev.12/15/00 Page 3 of 5
P 9
Negative Determination of Applicability
hcabli
t
3
Lot 2 Forest Street
Conservation Conditions
Record Documentation: Request for Determination of Applicability dated 2/24/04;
Plan entitled "Proposed Subsurface Sewage Disposal System, Lot 2 Forest Street,
North Andover, MA", consisting of sheets 1 &2,prepared for Siavash Mahalati,
dated February 9,2004,last revised dated 3/26/04, prepared by New England
Engineering Services, Inc.
1. Prior to the commencement of any work activities on site,the applicant shall
install erosion controls in the locations depicted on the referenced site plan. Said
erosion controls shall be installed in accordance with the erosion control detail on
sheet 2 of the record plan. In addition,the applicant shall have on hand 10
additional hay bales and an equivalent amount of silt fence for emergency
erosion control purposes.
2. Immediately following completion of the above, the applicant shall contact the
Conservation Department, at least 72 hours in advance, to schedule an on-site
pre-construction meeting to review proper installation of said erosion controls.
3. Upon completion of grading activities associated with the septic system, said
areas shall be immediately hydro seeded for stabilization purposes and the
applicant shall contact the Conservation Department for a post-construction
inspection upon substantial germination.
4. The applicant shall submit an as-built plan prepared and signed and stamped by
a Registered Professional Civil Engineer upon completion of all work on the
property as shown on the approved plan.
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act.Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6.The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on [0/by certified mail, return receipt requested on
y/oo
Date Date
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.
This Determination must be signed by a majority of the Conservation Commissi . A copy must be sent
to the appropriate DEP Regional Office(see Appendix A)and the property er fferent from the
applicant). Signatures:
t
/4
4 Y
Date
wpaform2.doc•rev.12/15/00 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office(see Appendix A)to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee
and Fee Transmittal Form(see Appendix E: Request for Departmental Action Fee Transmittal Form) as
provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.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 Determination which is being appealed.To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.12/15/00 Page 5 of 5
Massachusetts Department of Environmental Protection
J Bureau of Resource Protection -Wetlands
WPA Appendix E Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
rab Phone Number Fax Number(if applicable)
Project Location
rens,
Mailing Address
Citylrown 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 4)):
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
ion
Box 4062
Boston, MA 02211
wpaform2.doc•Appendix E•rev.2/00 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Appendix E - Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearty 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 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.
wpaform2.doc•Appendix E-rev.2/00
Page 2of2_
.. e. . 2.
Town of North Andover t NORTN
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
3
146 Main Street
North Andover, Massachusetts 01845
MODIFICATION TO
ORDER OF CONDITIONS
File No. 242-894
Project: Lot 13 Beaver Brook Rd (Evergreen Est)
The NORTH ANDOVER CONSERVATION COMMISSIONil
-6at its me�eting on
June 17, 1998 agreed to accept 04-64 OF( X&Z6-
t�A o' , ` 4 t X � ear $PW , t.
v4 c* �Mi 144 ?t �•14'`�� as a Modification to the
Order of Conditions issued in file # 242- 894 dated jnminry R, 1qqR
Instrument #9625
and recorded in X and Ruxxxt
Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
On this 17th day of June 19 98 before me personally
appeared Albert P. Manzi, Jr. to me known to be the
person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and .
deed.
Notary Public My Commission Expires 4
A receipt from the Registry of Deeds must be submitted to-thi's'
office showing that this Modification has been recorded and
referenced to the Book and Page numbers where the original Order
242-894 was recorded.
+:,�J Or APPC,1La 533-954. pl'j "U:Ci d24-y�•,! LUNJEtt'..4iiGty �n3-yS� i +i ;.633-35 SC :L\ :rtil(� ris •^53_'
q�a36 _
t,4- 13
Town of North Andover NaaT�
OFFICE OF
COMNITY DEVELOPMENT AND SERVICES °
IMiU .
146 Main Stmt '
Nam Andover, r s=husett-Gf84_5
'ZACHust
s'p'y
MCDIFICATTON TO
ORDER OF CONDITIONS
File No .
242-894
prpj t)Ct:
Lot 13 Beaver Brook Rd (Evergreen Est)
The `NORTH 1NDOV�..R CONEERVArr_'ON COM`--SS-' CN CN at (.ts meeting on
June 17, 1998 agreed to aCCent 1"i
as a Mcd' catic;. tc the
Order c_ Condi ticns issued J - file ` 242- 8Q4 da ed Tan>>arr 8, I QPS
Instrument #9625'
and recorded in -4 and 127_'
7ss1,jeG by the NORTIz a.1JUCVER CONSCONS=cc=JN:
On th_s 17th day c- June 19 98 rey re :Ile pe_scna;_
pea__ -
a O ec_ Albert P. Mani, Jr. _c me kncwr, Z_- th e
"erSci� Gest=_aeG anG 'w nc execut r' thle c ecc_nC 1^s�.r"'ane" ` a.'a
ac�-:cwledced :hat he,'she exec,.ted tha same as :^ s;her -re= ac- anc
deed. J
My --- -
__ �- } ,..L -c this
o S1L
e
� receipt f=cn the R..c�.s .._�r c� . Deeds �ttys .. .,e
office shewing teat this .*_edification has been =decreed and
.. _ r and �z�e nttieys where t:�e C=der
Z e e_enced ;.o she Book - y
242— q[, was rece=ded.
i•
310 CMR 10.99
Form 5
' oEP Re No. [ 242-894
•rt ""' (lo t,s awwno oy UEVJ
i Commonwealth cly.iown North Andover
of Massachusetts DECM Essex, Inc.
a,00+icant
1
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c 131 , §40
and under the Town of North Andover's Bylaw Chapter _178
From NORTH ANDOVER CONSERVATION C%ItIISSION
To DECM Essex, Inc. Same
(Name of Applicant) (Name of property owner►
• . 660 Rogers Street
Lowell, MA 01852
• Address Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on Nate!
Z by certified mail, return receipt requested on January 8, 1998 (date)
This project is located at Lot 13 Beaver Brook Rd--Evergreen Estates
The property is recorded at the Registry of NorrItP rri rG_qaX _
Book . 04372 Page 0337
Certificate(if registered)
1997
The Notice of Intent for this project was filed on November 21, (date)
The public hearing was closed on December 17, 1997 (date)
Findings
The North Andover Conservation Commission has revierved the above-relerenced taotice of
Intent and plans and has held a public hearing on the project. Based on the information a,/ailaote to the
NACC at this time, the has determined that
the area on which the pr000sed work is to be dorie is significant to the lollovring interests in accoroance v,ilh
the Presumptions of Significa ce s fo h in the re ufauons :or each Area Sublect to Protection Under (fie
t�h. 1�8 ( Recrea ion
Act (check as appropriate): Ch,178: Prevention of Erosion & Sedimentation Ch.178 Y Wildlife
Pubiic water supply Flood control ❑ Land containing shellfish
Lal Private water supply Storm damage prevention Fisheries
�j Ground water supply Prevention of pollution Protection of wildlife habitat'
Total Filing Fee Submitted $250.00 Slate Share $112.50
City/Town Share $137.50 (yz fee in r�xcCF:s of -2-)
Total Refund Due S City/7own Portion S State Portion S
C/z total) ('/2 total)
5• t
DEP FILE #242 - 894
Therefore, the North Andover Conservation Commission(hereafter the
"NACU) 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 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.
GENERAL CONDITIONS
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. 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, the North
Andover Wetland ByLaw and Regulations,310 CMR 10.00, 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.
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, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended b the issuing authority for one or more periods
Y g
Y
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(p.15)
of the North Andover Wetland Regulations).
CAWinword\00C\boiler1.doc 1 NACC 1/8/98
DEP FILE #242- 894
6. 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 is so warrant.
7. 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.
8. 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.
9. 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.
10. The proposed work includes. Construction of a single family dwelling and
associated site grading,utility installation and septic system.
C:\Winword\00C\boi1er1.doc 2 NACC 1/8/98
DEP FILE #242- 894
11. 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: DECM
660 Rogers Street
Lowell,MA 01852
DATED 1]f21A7
Plans prepared by: Christiansen&Sergi,Inc.
Entitled"Site Plan Lot 13 Beaver Brook Road
DATED 11f2"7
12. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Vernal Pool and Bordering Vegetated Wetland (BVW).
These resource areas are significant to the interests of the Act and Town
ByLaw as noted above. These resource areas are also significant to the
recreational and wildlife interests of the ByLaw. The;applicant has not
attempted to overcome the presumption of significance of these resource
areas to the identified interests.
13. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans`dated referenced herein. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
14. 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 Appendix 5 of the local Regulations).
15. 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.
CAWinword\00CUi1er1.doc 3 NACC 1/8/98
DEP FILE #242- 894
16. 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
17. 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.
18. 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 titleof 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.
19. 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 242-894."
20. 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- 894
21. 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.
22. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing plan for construction and erosion and sedimentation
control with supporting plans and details as appropriate.
23. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing 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.
24. 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 shallbeinspected 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 Commission's request
25. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty (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.
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26. A check payable to the Town of North Andover shall be provided in the
amount of$4,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC,and shall be posted with the North Andover
Town Treasure 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 provision, satisfactory to the NACC, has 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.
27. The applicant shall be responsible for placing a sign on the parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
28. Prior to construction a revised plan and accompanying detail shall be
submitted to the Conservation Department for review and subsequent
approval depicting a split rail fence along the 25'No-Disturbance Zone. This
fence shall extend from wetland flag WF-9 parallel with the proposed erosion
control barrier to a termination point at the northerly property line. This
permanent barrier will mitigate future encroachment into the sensitive buffer
zone encompassing the certified vernal pool. In addition,it will allow for the
safe passage of amphibians utilizing the resource area.
29. Prior to construction a revised plan shall be submitted with the following
note added within the limit of wetland series"T&WF": CERTIFIED
VERNAL POOL(#1005).
30. The applicant shall permanently mark the edge of the No-Disturbance
Zone with signs or markers designating the sensitivity of the area. The
following text shall be incorporated onto the signs or markers "PROTECTED
WETLAND RESOURCE AREA". A minimum of four(4) signs equally
spaced at 50'is required under this permit. This added measure will also
ensure no further inadvertent encroachment into the vernal pool habitat.
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.
31. No work permitted by this Order may begin unless and until the applicant
receives a subsurface sewage disposal permit from the North Andover Board
of Health which complies with both the requirements of Title V and any
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DEP FILE #242- 894
more stringent local standards, and until a copy of said permit is sent to the
Conservation Commission.
32. 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).
SUBDIVISION LOT DEVELOPMENT
33. The NACC shall be notified in writing of any lot line or number changes
with a copy of a plan showing these changes prior to any work on these lots.,
DURING CONSTRUCTION
34. 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
(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.
35. 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.
36. 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,
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DEP FILE#242- 894
plaster, wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor
vehicles or parts on any of the foregoing.
37. No exposed area shall remain unfinished for more than thirty(30) days,
unless approved by the NACC.
38. No regrading 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.
39. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
40. Washings from concrete trucks,or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
41. 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.
42. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
43. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one(1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling,equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
44. 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
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DEP FILE #242- 894
condition is issued under the authority of the Towns Wetland protection
ByLaw.
45. 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 is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
46. 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.
47. 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. A letter from the applicant requesting a Certificate of Compliance.
b. The name and address of the current landowner.
c. Signed statements from the individual property owner indicating that
they have read and understood the Order of Conditions prior to
purchasing the lot.
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. A written statement from a Registered Professional Civil Engineer 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.
h. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer 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.
➢ "As-Buil' post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a wetland under the local
wetland bylaw.
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DEP FILE #242 894
Distances from structures to wetland resource areas. Structures
include(but are not limited to)septic systems, additions,fences,
sheds, stone walls, pools, retaining walls, and approved decks.
A line showing the limit of work and the extent of existing
erosion control devices. "Work"includes anv disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
48. 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 #242-894.
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#43);
Prohibition of underground fuels (Condition #44;
➢ Limitations on the use of fertilizers,herbicides, and pesticides
(Conditions #45).
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D.E,.P.F #242— 894
242-894
Issued By N TH DOV R Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.,
On this 7th day of January 19 98 before me
Joseph W. Lynch, Jr.
personally appeared ,tome known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
r
Notary Public My commission expires
The apolica,t,loo owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or ary len residents of the city or town in which such land is located are hereby notified of their right to request the Department of
Erwironmentat Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten 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 the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court in accordance with M.G.L.
Chapter 249 S.4
RECORDING INFORMATION:
Detach an dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St.; North Andover j
rA 0185
To ssuing Auionly
Please be advised that the Order of Conditions for the project at
File Number 242-894 has been recorded at the Registry of Deeds , Northern Essex and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on —. 19—
It
9--It recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is_ ---- -- --
Signature Applicant
5.4A