HomeMy WebLinkAboutMiscellaneous - 70 OGUNQUIT ROAD LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Peter& Kerry Breen
use the return a. First Name b.Last Name c.Company
key. 770 Boxford Street
d.Mailing Address
North Andover MA 01845
e. City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b. Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
70 Ogunquit Road ( Lot 1) North Andover
a.Street Address b.City/Town
Map 90A Parcel 77
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North 9564
a.County b.Certificate(if registered land)
66 261
c. Book d.Page
7. Dates: 07 d""
Mo Date
a.Date Notice of Intent Filed b.Da P blic Hearing Closed c.Date f Iss ann tee
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Sanitary Disposal System Design Plan
a. Plan Title
The Neve-Morin Group, Inc. John M. Morin, P. E.
b. Prepared By c.Signed and Stamped by
1 0)? 1"=20'
d. ina Revision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $220.00 $42.50 $177.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet b.linear feet c. linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order 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, WA DEP"]
"File Number 242-1419 "
wpaform5.doc• rev.311105 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
LL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection L7
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p Y
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 6 of 9
DEP FILE #242 -1419
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 revokeor modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves
the right to enter and inspect the property at all reasonable times until a Certificate of
Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310
CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or may require
the submittal of any data or information deemed necessary by the NACC for that evaluation.
Further, work shall be halted on the site if the NACC, agent or DEP determines that any of
the work is not in compliance with this Order of Conditions. Work shall not resume until
the NACC is satisfied that the work will comply and has so notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes,ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date of this
order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information so
warrant.
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.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
25. This Order is issued under File No. 242-1419.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its
employees and all successors and assigns in interest or control. These obligations shall be
expressed in covenants in all deeds to succeeding owners of portions of the property.
27. It is the responsibility of the applicant to complete any review required by all agencies with
jurisdiction over the activity that is the subject of this Order, and to procure all required
permits or approvals. These reviews, permits and approvals may include but are not limited
to the following:
• Review by the U.S. Army Corps of Engineers for any Category 2 or Individual
Permit Activity, and procurement of any permits or approvals identified by the
Corps.
• Review by the DEP and procurement of any permits or approvals identified by
the DEP.
• Review by the Massachusetts Natural Heritage and Endangered Species
Program for any projects within estimated and/or priority habitat and any
permits or approvals identified by the Program.
• Review by local planning boards, boards of health, zoning boards, and
building inspectors, and procurement of any permits or approvals required by
these boards or agencies.
28. 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.
29. The proposed work includes: The construction of a portion of a driveway, grading and
utilities within the buffer zone to a BVW. The work is associated with a proposed SFH
and septic system,which is located outside of the buffer zone.
30. The applicant/present owner of record recognizes that portions of the proposed driveway
is located within a Town Utility and Access Easement, but choose not to consider an
alternative location for the driveway. The applicant/present owner of record requested
the NACC to approve the location of the driveway as proposed assenting to the approach
that any future work affecting the driveway within said easement would be at the expense
of the applicant of record (Kathy &Peter Breen) or their legal heirs primarily, or secondly,
the current owner of record and not with the Town. This condition shall remain in
perpetuity of this Order.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
31. The work shall conform to the following:
Notice of Intent filed by: Peter & Kerry Breen (Applicant)
770 Boxford Street
North Andover, MA 01845
Received November 26,2007
Prepared by: The Neve-Morin Group,Inc. (Representative)
447 Boston Street,Route 1, Suite 12
Topsfield, MA 01983
Site Plans prepared by. The Neve-Morin Group,Inc. Plans Entitled"Sanitary
Disposal System Design",consisting of sheets 1 and 2,dated
October 1,2007,last revised January 3,2008. Stamped &
Signed by John M. Morin,P.E.
Other Record Documents: Letter prepared by The Neve-Morin Group dated November
29,2007;
21-day waiver letter prepared by The Neve-Morin Group
dated December 5,2007;
Letter prepared by The Neve-Morin Group dated January 3,
2008;
Letter prepared by the Division of Fisheries & Wildlife
Natural Heritage Endangered Species Program (NHESP)
dated December 3,2007;
Response letter to NHESP prepared by The Neve-Morin
Group dated December 5,2007;
Letter prepared by the Division of Fisheries & Wildlife
Natural Heritage Endangered Species Program (NHESP)
dated January 3,2008;
32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). Work activities are located outside the limits of the
200' Riverfront area and the 100-year floodplain (elevation 114 NGVD) associated with
Mosquito Brook. 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.
33. The NACC agrees with the applicant's delineation of wetland flags R48 and WF90
through WF 100 on the site only as shown on the approved plan referenced herein. All
other wetland resource flags shown on the approved plan were not reviewed and
therefore not approved.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
34. The NACC finds that the intensive use of the upland areas, Buffer Zone, and Riverfront
Resource Area 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 3.4 &Appendix F of the local Regulations).
35. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposedand 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, any and all the above stated parties and the applicant will be held
jointly liable for any violation of this Order resulting from failure to comply with its
conditions.
36. 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. Maintenance of the drainage system, if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
37. 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
38. 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.
39. 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
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
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.
40. A sign shall be displayed at the site not less than two square feet or more than three square
feet in size bearing the words "Massachusetts DEP,File Number 242-1419."
41. Any changes in the submitted plans caused by the applicant, state or federal agency,
another Board's decision or resulting from this Order of Conditions must be submitted to
the NACC for approval prior to implementation. Said revisions shall be submitted as part
of the record filing. 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.
42. 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.
43. Prior to any work commencing on site,the applicant shall submit to the NACC for review
and approval, a detailed sequence of construction, including a dated timetable of
construction, the construction of associated stormwater management features, installation of
sedimentation/erosion control devices, and the installation of the septic system before other
work begins on-site.
44. 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 necessaryand shall be maintained until all construction is complete. Workers
P
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.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE # 242 -1419
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed and
placed as shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. Further, the NACC
finds that additional Erosion Controls are necessary to protect downstream resource areas.
Specific locations of said additional erosion controls are not described herein, but are
noted on the approved plan of record in the file. As such, prior to construction, the
applicant shall install said additional erosion controls in the locations as discussed with
the Conservation Administrator and as marked on the approved plan referenced herein.
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.
46. 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. Additional emergency
erosion controls shall be on site prior to the commencement of any work and shall be
verified by the Conservation Department during the pre-construction meeting.
47. A check payable to the Town of North Andover shall be provided in the amount of $3,000
shall be provided to the Town of North Andover, which shall be in all respects satisfactory
to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said deposit
of money shall be conditioned on the completion of all conditions hereof, shall be signed by
a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have been
made for performance of any conditions which are of continuing nature. The applicant may
propose a monetary release schedule keyed to completion of specific portions of the project
for the NACC's review and approval. This condition is issued under the authority of the
local ByLaw.
48. The applicant shall designate a Qualified 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.
Credentials of said Erosion Control Monitor shall be submitted in writing for review and
subsequent approval by the NACC or an agent thereof. This person shall be given the
authority to stop construction for erosion control purposes.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE # 242 -1419
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 herein) 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,
the 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).
DURING CONSTRUCTION
51. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
52. Upon beginning work, the applicant shall submit written progress reports every week
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. A crushed stone construction entrance shall be designated at the lots construction
entrance to minimize soil/material tracking onto Ogunquit Road. This entrance shall be
reinforced as necessary.
54. The limit of work/erosion control line shall be enforced and maintained as depicted on
the approved plan referenced herein.
55. Stormwater management BMP's shall be constructed as designed and in accordance with the
approved plans referenced herein.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
56. ON EVERY MONDAY of each week, or otherwise arranged by the NACC,in which
construction activities occur on site or for as long thereafter as ground remains unstable,the
"Erosion Control Monitor" shall submit a written report to the NACC certifying that,to the
best of his/her knowledge and belief based on a careful site inspection,all work is being
performed in compliance with this Order of Conditions and that approved setbacks are being
adhered to. The erosion control
monitor must visually P sedimentation/erosion
inspect all sedimentatio /erosion
control measures and assume responsibility for their maintenance on a weekly basis and that
they are functioning as intended. In addition,all wetland resource areas must be visually
inspected for siltation,turbidity,and/or other water quality impacts. The applicant may
request a reduction in monitoring in writing to the NACC upon adequate site stabilization.
57. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to
an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be
replaced as necessary. The areas of construction shall remain in stable condition at the close
of each construction day. All erosion controls shall be in place throughout the duration of
any construction on site or unless authorized by the Conservation Department.
58. The Erosion Control Monitor shall be on site during and/or following a major storm event
of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate
and secure,and that all BMP's are adequately functioning.
59. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De-watering activities shall be monitored.daily by the erosion control monitor to
ensure that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act. If emergency de-watering requirements arise, the
applicant shall submit a contingency plan to the 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.
60. 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.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded,
loamed and seeded prior to November 1St of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate
conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30)
days, unless approved by the NACC.
62. 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.
63. Equipment shall not be staged overnight within 100-feet of a wetland resource area.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
64. There shall be no stockpiling of soil or other materials beyond the limit of work or within
twenty-five (25) feet of any resource area.
65. Washings from concrete
trucks or surplus s concrete, shall not be directed to, any.drainage
g
system, or wetland resource area.
66. 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.
67. 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
68. 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.
69. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow
release, low-nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or
within the Riverfront 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.
70. Water quality down gradient of BVW's shall not differ significantly following completion of
the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site. This condition
shall remain in perpetuity.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland
or within 25' of the wetland. This condition shall remain in perpetuity.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
72. Upon completion of construction, the applicant shall permanently mark the edge of the
200' Riverfront Area with four (4) signs or markers spaced evenly every 30 feet incorporating
the following text: "Protected Wetland Resource Area". This will designate the sensitivity of
said resource area and assure no further inadvertent encroachment into this resource area will
occur. 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.
73. 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.
74. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the Conservation
Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance.
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the property owner shall be submitted with the request for
a Certificate of Compliance indicating that they read and understood the recorded
Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer and a 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.
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE #242 -1419
➢ 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 anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ Any future work affecting the driveway within the Utility and Access
Easement would be at the expense of the applicant/owner of record (Kathy &
Peter Breen) or their legal heirs primarily, or secondly, the current owner of
record and not with the Town (Condition#30);
➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of the adjacent Bordering Vegetated Wetland (BVW)
resource area. Future work within 100' of existing resource areas or within the
200' Riverfront area will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have the.
authority to waive these setbacks as established under the local ByLaw
(Condition#34);
➢ Discharge or spillage of pollutants (Condition#67);
➢ Prohibition of underground fuels (Condition#68);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition#69);
➢ Water quality down gradient of BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be
no sedimentation into wetlands or water bodies from discharge pipes or
surface runoff leaving the site (Condition#70);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#71).
242-1419,70 Ogunquit Road—Lot 1 1/9/08
DEP FILE # 242 -1419
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20---, 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 the Order of Conditions are presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the Order
of Conditions.
Signed under the pain and penalties of perjury this day of ,20
Authorized agent of applicant or owner
( g Pp )
242-1419,70 Ogunquit Road—Lot 1 1/9/08
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 11;40'?
condition pursuant to General Conditions#4, from the date of issuance. 1.Date Issu nce
Please indicate the number of members who will sign this form: `V
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures: ms
(X G
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
03
On this Day Of Month Year
Before me, the undersigned Notary Public, HO-S se—
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
NI
DONNA M.WEDGE '
NOTARY PUBLIC
L coMMONWEALTH OF MASSACHUSETTS Signature of Notary Public
My cmffL Expires Aug.7,2009 D 017,7 4 /P. 7L. (L6fE
FORM Printed Name of Notary Public
Place notary seal and/or any stamp above `?/7
-"y--Comr4ssiofi Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on B/by certified mail, return receipt requested, on
Date Date
laff-
wpaform5.doc• rev.3/1105 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1419
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located within the chain of titlef
o the e affectedroe . In the case of recorded.Ian h
p p rty d, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
70 Ogunquit Road (Lot 1) 242-1419
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
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