HomeMy WebLinkAboutMiscellaneous - 80 CAMPBELL ROAD 310 CMR 10.90
Form 5
oEP Re No. � 242-927
fro De txwwevf by 0EP)
:. CommonwealthCdy.town North Andover
_ J 1. of Massachusetts Karen Hamill
Aoo)icaM
Order of Conditions
- Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town Qf North Andover' s Bylaw Chapter ., 178
From NORTH ANDOVER CONSERVATION COPiPiISSIUN
To Karen Hamill Peter & Karen Hamill
(Name of Applicant) (Name of property owrrerl
Address
80 Campbell Road Address Same
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on idatej
by certified mail, return receipt requested on �/' 1�y8 (dote)
t -Chis project is located at 80 Campbell Road
I.
The property is recorded at the Registry of Nnrrlip rr, FSsrK _
Eock 1144 Page 219
Certificate(if registered)
The Notice of Intent for this project was filed on August 21, 1998 (dole)
The public hearing was closed on September 16, 1998 (date)
Findings
r The North Andover Conservation Commission has reviev ed the above-relerenced tlotice of
Intent and plans and has held a public hearing on (he protect. Based on the rnformoUcri a�ajlacle to Ute
NACC at this time, the _�lb.L _ his delernimed ttint
the area on which the prccosed work is to be dorie is significant to the following interests in occorc,-ifice with
the Presumptions of Significa>Zce sle}go in the re-t lon ns for each Area Subject to Prolec:1011 Under Me
RecreaAct (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178 XWildlife
Pubiic water supply Flood control [:1 Land containing shell"fish
l Private water supply Storm damage pre-+ention U Fistheries
r Ground water supply Prevention of pollution EV Protection of wildlife Habitat'
Total Filinc Fee Submitted 285.00 State Sharr, $42.50
Cityf7own Share •5 (' ,_ fee in nr.ccss of S?:5)
Total Refund Cue S City(Town Portion S State Portion S
('/z. total) (1/7 total) __
DEP FILE#242-927
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 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
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(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.
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 by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII(p.15)
of the North Andover Wetland Regulations).
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DEP FILE #242-927
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 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 barn and horse paddock within the
Buffer Zone of a Bordering Vegetated Wetland(310 CMR 10.55).
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: Karen Hamill
DATED 8-21-98
Plans prepared by: Hancock Engineering Associates
Entitled"Permit Site Plan"
DATED REV 9-8-98
12. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas
are significant to the interests of the Act and Town ByLaw as noted above.
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 theapplicant'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
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DEP FILE#242- 927
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(251 No-Disturbance Zone and a fifty foot(501 No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except in the following locations: WFA5,WFA6,WFA7. 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. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that
alter the post development watershed boundaries as currently depicted in the
Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
16. 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.
17. The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
to flooding, storm damage or any other form of water damage. Maintenance
of the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
18. The NACC finds the applicant's proposal for 486 sq.ft of wetland
replication/restoration to be adequate. The replication areas shall be
constructed prior to other construction activity on site and this sequence
CAWinword\00C\242-927.doc 3 NACC 9/16/98
DEP FILE#242-927
shall be reflected in the construction sequence. Refer to Section VI(E),
Wetland Replacement or Restoration, of the `'Wetland Regulations for the Town of
North Andover" (page 13) for specific performance standards.
19. 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
20. 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.
21. This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be
undertaken until the Final Order has been recorded in the Registry of Deeds
or the Land Court for the district in which the land is located,within the
chain of title of the affected property. In the case of recorded land, the Final
Order shall also be noted in the Registry's Grantor Index under the name of
the owner of the land upon which the proposed work is to be done. In the
case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is
to be done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
22. 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 242-927."
23. 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
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DEP FILE #242- 927
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.
24. 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.
25. 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.
26. 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.
27. A row of staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control
barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC. The NACC
reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions.
Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
28. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of thirty (30)hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall be
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used only for the control of emergency erosion problems and shall not be
used for the normal control of erosion.
29. A check payable to the Town of North Andover shall be provided in the
amount of$4,500 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project,
provided that provisions, satisfactory to the NACC, have been made for
performance of any conditions which are of.continuing nature. The applicant
may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local ByLaw.
30. 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).
DURING CONSTRUCTION
31. IMPORTANT: Immediately upon completion of the barn 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 ifs proximity
to wetland resource areas as approved under this Order of Conditions. Said
plan shall be submitted to the Conservation Administrator for approval.
CAWinword\000\242-927.doc 6 NACC 9/16/98
DEP FILE#242 - 927
32. Upon beginning work, the applicant shall submit written progress reports
every two(2) months 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.
33. 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.
34. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC
35. 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.
36. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
37. Washings from concrete trucks, or surplus concrete,shall not be directed to,
any drainage system, or wetland resource area.
38. 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.
39. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
40. 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.
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DEP FILE #242 - 927
AFTER CONSTRucriON
41. 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.
42. 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.
43. 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.
44. 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 owners shall be
submitted with the request for a Certificate of Compliance indicating
that they have read and understood the Order of Conditions.
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 Registered
Professional Land Surveyor of the Commonwealth and a qualified
wetland biologist 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 Land Surveyor of the Commonwealth,for the public
record. This plan will include:
I
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DEP FILE #242 - 927
➢ "As-Built" post-development elevations of all drainage&
stormwater management structures constructed within 100 feet
of any wetland resource area.
➢ "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 wetland under the local
wetland bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, barns,
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#ny disturbance of
soils or vegetation.
45. 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 # 242-927.
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 #40);
➢ Prohibition of underground fuels (Condition#41);
➢ Limitations on the use of fertilizers, herbicides, and pesticides
(Condition#42).
CAWinword\000242-927.doc 9 NACC 9/16/98
242-927
Issued By: NORTH ANDOVER CONSERVATION COMMISSION
Signatures:
This Order must be signed by a majority of the Conservation Commission
On this 16th day of September 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.
December 11, 2003
Notary Public J 0 My commission expires
The applicant,the owner,any person aggrieved by this Order,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 Department of Environmental Protection 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 Determination. 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.
A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED TO
THIS OFFICE SHOWING THAT THIS ORDER OF CONDITIONS HAS BEEN
RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS.
Detach on dotted line and submit to the NORTH ANDOVER CONSERVATION COMMISSION prior to commencement of work
To:NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number 242-927 has been recorded at the Registry of Deeds,Essex North District and has been noted in the chain of title
of the affected property in accordance with General Condition 8 on 19
If recorded land,the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is
Signature Applicant
310 CMF 10.x9
Porrrt 9 DEP Fite No. 242— 723
w
(To oe oroviaed by QEP)
_ Commonwealth c,(y lown North Andover
of Massachusetts Hancock Environmental
Appnaint
— 80 Campbell Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
Fran North Andover Conservation Commission Issuing Authority
235 Newbury Street, Route 1 North
To _ Hancock Environmental Consultants Danvers- MA 01921
(Name) (Address)
Cate of Issuance September 2, 1998
in:s Ca-cficate is issued for work regulated by an Order of Conditions issued to Peter & Karen Hamill
dated 12/8/94 and issued by the NArr
It is hereby certified that the work regulated by the abave-referencia Orcer of Concitiens has
bean satisfactorily competed.
Z. Q it is hereby certified that only the following portions of the work regulated by the a:ove-refer•
enced Oraer of Conditions have been satisfactorily comoletea:(if the Certificate of Compiiance
does not include the entire project. specify what portions are inc!uded.)
Q it is Hereby certified that the work regulated by the above-referenced Orcer of Conditions was
never commenced.The Oraer of Conditions has lapsed and is therefore no longer vaiid. Nctuture
wcrK subiect to regulation unser the Act may commenced without filing a new Notice c! In(eat
anc receivinc a new Orcer of CCnditiOns.
(leave Saace Stank)
_..�_...
242-723
4. This certificate shall be recorded in the Registry of Deeds or the land Cour, ter the district in
which the land is located.The Order was originally recorded on 9/2/98 (Cate)
at the Registry of Deeds, North Essex
Instrument # 29922
�, [J The following conditions of the Order shall continue: (Set forth any conditions contained In the
Final Order, such as maintenance or monitoring. which are to continue for a longer period.)
Issued by North Andover Conservation Commission
Signature(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 2nd day of September 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.
Ncary Pptiic UY My commission expires `
Teta n on "cited line and submit to the
To_ NACC Issuing Autrnonry
Please oe aavtsea that the Certificate at Comottanee tar the Croteetat.
rile Nurnoer 242-723 nas peen recoraeC at the Regtstry at Deeds, Northern Essex
and has peen noted in the chain at title of me attectea croceny an I e
ll.reccraea tanc.tae insuument numoer wnicn,aenttnes mss:ransaetsan is
:regmterea=a.:nr cccument nuntaer wrucz icennttes tris trs.,ac::an ss
'ir 'l'�iJ 1lrC tS
�o CMR ta.ao TOWN OLErd TOWN
NORTH AH O �RNOW �.
_... r ow Fie N& 242-723
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02 t , ° .j (to to aoro.o cr OEM
—'.•_
North Andover
Cay.Town Common ea
ft n
of Massacnusetts Peter Hamill
Appttt3rtt
-- 80 Campbell Road, Lot 32
Order of Conditions
Massachusetts Wetlands Protection Ac:
. O.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
Frcn North Andover Conservation Commission
Te Peter & Karen Hamill Same
(Name of Apaiicantl (Name of property owners
80 Campbell Road
Actress
North Andover, MA 01845
AQare�s
This C:cer is issues and eetiverec as farrows:
❑ by nano ceiivery to ac=.i=nt or recresentauveon (tate!
ZX by certifies maii.retum receipt rec;sestea cn December 8. 1994 2115-797-978 (Cale
This nrc;ec:is totaled at 80 Campbell Road, Lot 32
The.recerty is reccrcec at trie Registry of Deeds, Northern Essex
eccx 1144 Page 219
C2rTr:iCate Of rec'steree)
The Nouse of Intent for tnis cre�ec:was filet cn August 22, 1994 (ca:e:
The cut:ic nearing w2s eased on September 21, 1994 (nate;
Fincincs
The North Andover Conservation Commission nas reviewee the above-referencac Ncl.ca cf
Iniem anc=:a,-,s ant nas nets a zu=.Iic neanng Cn file;S=;e`::. Sassec on ine intormaueri avaimc:e td !ne
NACC at this ume. me NACC has aeterminec Irml
Ine area Cn wnicr:ine orccosec worx is io ae acne is signnicant to the ieflowing interests in ac=crcance with
ine zresurr.=aeas of Significance set-,or-,n in the ragusaaons:cr eat..Area Suolec::o°rote=::eri Uncer the
Act it~:ecx as aocrorrtatet: Ch.178 01 Prevention of erosion and sedimentation
Pubiic water sutrpiy Fi000 control ❑ Land containing snelifisn
Pnvate water sucaiy ❑ Storm carnage crevenvon ❑ Fisheries
Grouna water suovily Prevention of pottutiott Prom—c--on of wiidlife nabi.at
Ch. 178 Wildlife Ch. 1786 Recreation
Total Fninc F-Ae Submmetc r State Share �to
C'tvi?awn Share ._ yd ('F fee in excess cf
Tota; Rerurc Jue S C::yrTown Portion S State Portion S
(1/2 (1/2 otail
s
DEP File Number 242-723 2
80 CAMPBELL ROAD
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 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 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, 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 by the issuing authority for one
or more periods of up to one year each upon application to
the issuing authority at least 30 days prior to the
expiration date of the order.
6. Where the Department of Environmental Protection 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.
7 . The proposed work includes construction of wetland
replication area as directed by Conservation Administrator
Doucette.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be
required) :
(a) Notice of Intent filed by Peter & Karen Hamill
(b) Plan prepared by applicant. Said plan is not dated, is
drawn at an arbitrary scale of 1/4 inch equal to 14
feet, and includes a color coded legend of conditions
DEP File Number 242-723 3
80 CAMPBELL ROAD
both existing and proposed. Said plan is entered to the
permanent Conservation Commission File as EXHIBIT "A" .
(c) Plant species listed upon an invoice from New England
Environmental to the Applicant, dated 2 June, 1994
(d) Specific direction given to the Applicant by
Administrator Doucette.
9. The following wetland resource areas are affected by the
proposed work: buffer zone and ,bordering vegetated, wetland.
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.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on Exhibit "A"
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be
subject to flooding or storm damage.
12 . 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.
13 . The NACC finds that the intensive use of the upland areas
and buffer zone proposed on this site to construct a wetland
replication area and new planted lawn area will cause
further alteration of the wetland resource areas. In order
to prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent and approved herein,
a twenty-five (25) foot no-disturbance zone and a fifty (50)
foot no-construction zone shall be established from the edge
of the adjacent wetlands. No disturbance of existing grade,
soils or vegetation is permitted in the no-disturbance zone
beyond those alterations specifically shown on Exhibit A and
the Notice of Intent. (See Appendix 5 of the local
Regulations) .
14 . The NACC finds the applicant's proposal for approximately
1, 000 sq. ft. of wetland replication area is adequate and
satisfies the intent of the Act and the Bylaw for protection
of jurisdictional resource areas. The Replication areas
shall be constructed as directed by the administrator and
shall include plantings from the species list submitted with
the N.O.I. (see the local Regulations for performance
standards for replacement wetlands)
DEP File Number 242-723 4
80 CAMPBELL ROAD
PRIOR TO CONSTRUCTION
15. 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.
16. 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 thelandis located, within
the chain of title of the affected property. In the case of
recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the
land upon which the proposed work is to be done. In the
case of registered land, the Final Order shall also be noted
on the Land Court Certificate of Title of the owner of the
land upon which the proposed work is to be done. The
recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of
this Order prior to commencement of the work.
17 . 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 242-723".
18 . 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.
19. 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,
(if applicable) and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also
DEP File Number 242-723 5
80 CAMPBELL ROAD
shall be made a part of the contractor's written contract,
(if applicable)
20. 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.
21. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands as
indicated by the Commission by notation on the Record File
Drawing. Erosion control barriers Shall be properly
installed in place and shall be inspected and approved by
the NACC prior to the start of construction. All
erosion/siltation controls 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.
22 . 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.
DURING CONSTRUCTION
24 . Upon beginning work, the applicant shall not be required to
submit written progress reports detailing what work has been
done in or near resource areas, and what work is anticipated
to be done over the next period. Rather the applicant shall
allow periodic inspections conducted at the discretion of
the Conservation Administrator or any Commissioner.
25. 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 of any of the foregoing.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27 . 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.
28. There shall be no stockpiling of soil "or other materials
DEP File Number 242-723 6
80 CAMPBELL ROAD
within twenty-five (25) feet of any resource area.
29. After proper grading, all disturbed areas located within a
resource area which will not remain as wetland areas, shall
be loamed (minimum of 4" of quality loam) , and seeded. This
shall all be done in accordance with SCS guidelines. All
disturbed:areas located within wetland resource areas which.
are to be only temporarily disturbed during construction,
shall be restored totheiroriginal grade, soil profileand
vegetative cover. Soil usedforthis purpose willeitherbe
wetlandstopsoil or a minimum of 4" of quality loam.
30. Washings from concrete trucks, or surplus concrete., shall
not be directed to, any drainage system or wetland resource
area.
31. 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.
32 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the
project.
33 . Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or
effect compliance with this Order of Conditions. The NACC
reserves the right to require, following field inspection,
additional information or resource protection measures.
34. 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
35. 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
DEP File Number 242-723 7
80 CAMPBELL ROAD
Conditions, and shall run with the title of the property.
This condition is issued under the authority of the Town's
Wetland Protection ByLaw.
36. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. 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.
37 . Upon completion of construction and grading, all disturbed
areas located outsideresourceareas 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.
38 . Upon completion of the project, the applicant shall submit a
letter to the NACC from a qualified wetland scientist
certifying that the wetland replication area has been
constructed substantially in compliance with local/state
regulations.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14. Maintenance of catch basins.
34. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
242-723
80 Campbell Road
Issued By North Ando-qerl i Conservation Commission
Signature(s) 1A Z.
This Order must be signed by a majority of the Conservation Commission.
On this 21st day of September 1994
, before me
personally appeared Kevin. Foley , 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.
My Co«+mixsion Expires luno 20, 1997
Notary Pttb!ic My commission expires
The aroiicant,the owner.any person aggrieved by this Order,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 reouest the Deoartment of
Environmental Protection to issue a Superseding Order,providing the reauest is made by certified mail or hand delivery to the Deoartment,
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
Determination.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.
Detach on dotted line and submit to the North Andover Conservation Comm, prior to commencement of work.
............................................................................................. ............. ..................................................................................................
To NACC c !Ssuing Autnonty
Please be advised that the Order of Conditions for the project at Lot 32 (480) Campbell Road
F,!eNumoer 242— 723 has been recorded at the Registry of Deeds, North Essex and
has been noted in the chain of tale of the affected oroperty in accordance with General Condition 8 on 19
If recorded land. the instrument number which idencties this transaction is
If registered land, the document number which identifies this transaction is
Sicna!ure Aco!c3n!
5-4A
Massac*usetrs 11eparmVat of&ViroanAental Protection 242-K7
Bureau of Resource Protection— Wetlands 80 Campbell Road
PA Form 8B• - Certificate of Come liar- _____.:___.�-
Massachusetts Wetlands Protection Act M.G.L. 137, X40 and North Andover wetland
Protection Bylaw.
Authorization
On this 1 s t
Issued by:
North Andover day of November
C.11ra anon C mmrs;on Norrd
November 1, 2000 2000
0Je011=arxr
Year
This Certification must be signed by a majority of the before me personally appeared
•
conservation commission and a copy sent to the applicant Scott Masse
and appropriate OEP Regional Office-Cue Appendix A).
Signature(s) to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he/she
executed the same as his'her free act and deed.
Vola yPidic VV
aoo
. .tau mmrmsron eroYrs
El Recording Confirmation
The applicont is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court
for the district in which the land is located
Detach on dotted line and submit to the Conservation Commission.
--------------- ----- -----------
To: If recorded land,the instrument number which identifies this
transaction is
COlL58vafroRCommissron
Please be advised that the Certificate of Compliance for the
project at /raatrmertrrumber
If registered land,the document number which identifies this
transaction is
Projea tocwon
Frle.NumoeI poaenerrNwr+Oa
has been recorded at the Registry of Deeds of
Sigmwe orApplierr
C-rrry
and has been noted in the chain of title of the affected property
on
Ode
&mX
�e
1�/a./JOV�IVd�.iN iJr.�/V//�.//� V• iJlt//V/II11�-./�Y• I I V\a.VYV.•
Bureau of Resource Protection- Wetlands 242-927
IPA Form 8B - Certificate of Compliance ampbell Road
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
_ Protection Bylaw.
' Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
North Andover North Andover
Carnervd�Camrmslon Gty/raw+►
80 Campbell Road
To: .SdMMM=
1144 219
Karen Hamill
AmomMawmr/ Pa'MAOt'4
Mame
80 Campbell Road
and the final Order of Conditions was recorded on
North Andover March 29, 1999
WCM alae
MA 01845 at the Registry of Deeds for
.Stare LpCaar
Essex Instr. 411326
2. This Certificate of Compliance is issued for work regulated cam V" IWO
by a final Omer of Conditions issued to:
Karen Hamill Ccrokare(ilre�isreedlarm
4. A site ins ection was made in the presence of the hent.
September 17, 1998 P Pr PP
or the applicant's agent.on:
� 22-927 f 0' 1 — d b d
t;tEl ire
V�ifrcation
O Invalid Order of Conditions: It is hereby certified that
(Chedc all that apply): the work regulated by the above-referenced Order of
�w_ Conditions never commenced. The Order of Conditions has
�
PWe Certification It is hereby certified that the lapsed and is therefore no longer valid. No future work
regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed commence without filing a new Notice of Intent and,
receiving a new Order of Conditions.
O Partial Certification:It is hereby certified that only tate
following portions of the work regulated by the above-- Ongoing Condkionx The following conditions of the
referenced Order of Conditions.have been satisfactorily Ashall continue:(Include any conditions contained in
completed The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers
1AIM flw..n 1 wC 1