HomeMy WebLinkAboutMiscellaneous - 100 CAMPBELL ROAD 5'
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Form 5
DEP F;4 No. l 242-923 l
� (to LM1 awe W UEr't
CommonwealthC,ty,town North Andover
of Massachusetts Richard Shorter
j . . X171 Aoohcant
'i
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover' s Bylaw Chapter ., 178
From NORTH ANDOVER CONSERVATION COtLHISSION
To Richard Shorter Same
(Name of Applicant) ((Jame of property owner)
Address 100 Campbell Road Address
This Order is issued and delivered as follows:
Q by hand delivery to applicant or representative on Idatej
7 by certified mail, return receipt requested ons® (date)
1-his project is located at 100 Campbell Road, Lot 30
The property is recorded at the Registry of NnrrtlPrn FcSn,y
Bock 03527 Page 0214
Certilicate (if registered)
The Notice of Intent for this project was riled on July 23, 1998 (dale)
The public hearing was closed on August 5, 1998 (date)
Findings
T e North Andover Conservation Commission has revievied the above relerer,ced r4clice of
Intent and plans and has held a public hearing on the project. Based on the inlormal(ien ava bele to the
NACC at this time. the —ill E, _ has de(err,uned ItMil
the area on which the prccosed work is to be done is significant to [tie IcilowinZ] inter9s1s in occorannce v.ifh
the Presumptions of Significapticee! Jo in (he regqufaluons for each Area Sublect to Protevior, Under the
/8 Racreation
Act (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178)( Wildlife
Pubiic water supply Food control ❑ L-ind ccrntaining shellfish
Private water supply Storm damage prevention Fisheries
Ground water PrevenUcn of pollution Protection of wildlile t,abitmt-
�. a $55.00 Slzare $15'.00
Total , lino . lee Submitted State
City/Town Share $40.00 ('.': lee in nxccss of .:=)
Total Refund Due S Cityi7own Portion 5 Slate Porfion S —
('/z total)
DEP FILE #242 - 923
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
properly 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).
CAWinword\00C\242-923.doc 1 NACC 8/20/98
DEP FILE #242 - 923
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 an above ground pool within the
Buffer Zone of a Bordering Vegetated Wetland.
CAWinword\00C\242-923.doc 2 NACC 8120198
DEP FILE #242 - 923
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: Mr.Richard Shorter
DATED 7-23-98
Plans prepared by: Survey,Inc.
Entitled`Plan A-Pool Site Plan"
DATED 1-30-98
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 the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
14. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot(25') No-Disturbance Zone and a thirty one foot(311 No-
Construction Zone shall be established from the edge of the adjacent
wetland resource area. The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No disturbance of existing grade, soils or vegetation
is permitted in the No-Disturbance zone. (See Appendix 5 of the local
Regulations).
15. This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
CAWinword\00C\242-923.doc 3 NACC 8/20/98
DEP FILE#242 - 923
16. The NACC finds the applicant's proposed mitigation plan to be inadequate.
The applicant shall be responsible for planting and constructing a chain
link or stockade fence at least 6 feet in height and at least twenty five feet
(25') from the edge of delineated wetland resource areas. Said fence shall
encompass the perimeter of the pool running parallel to wetland flags #1
through #7 tangent to the 25'No-Disturbance Zone. In addition,thirty
eight (38) swamp azaleas (Rhododendron viscosum) shall be planted on the
wetland side of the fence and no future activity is to occur within this
protected buffer zone including but not limited to cutting, clearing, and/or
maintenance of a manicured lawn. Said area shall be allowed to revert
into a natural state in order to properly mitigate impacts from non-point
source pollution. Refer to Section VI(E),Wettand Replacement or Restoration,
of the "Wetland Regulations for the Town of North Andover" (page 13)for
performance standards.
17. 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
18. 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.
19. 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.
20. 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 242-923."
CAWinword\00C\242-923.doc 4 NACC MOM
DEP FILE #242 - 923
21. An changes in the submitted plans caused b the applicant, another
Y g P Y PPBoard'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.
22. 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.
23. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing pian for construction and erosion and sedimentation
control with supporting plans and details as appropriate. Prior to any work
commencing on-site, the applicant shall submit to the NACC for approval, a
detailed sequence of construction, including the construction of
compensation and retention areas, and revegetation to be completed before
other work begins on-site.
24.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.
25. 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
C:\Winward\OOC\242-923.doc 5 NACC 8/20/98
DEP FILE # 242 - 923
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.
26. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of ten (10) 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.
27. A check payable to the Town of North Andover shall be provided in the
amount of$500.00 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 NACCs review and approval. This
condition is issued under the authority of the local ByLaw.
28. 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 permifs 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
CAWinword\00C\242-923.doc 6 NACC 8/20/98
DEP FILE #242 -923
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
29. Upon beginning work, the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will
update the construction sequence.
30. 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.
31. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
32. 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.
33. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
34. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
35. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
36. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants (including chlorinated pool water which must be
discharged towards the front of the parcel and directed into the catch basin
system on Campbell Road. This extended travel time will allow for an
extended evaporation period where it is believed the impacts from
algaecides and other pool chemicals will be minimized.) into any wetland
resource area. If there is a spill or discharge of any pollutant during any
phase of construction the NACC shall be notified by the applicant within one
(1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
CAWinword\00C\242-923.doc 7 NACC 8/20/98
DEP FILE #242 - 923
AFTER CONSTRUCTION
37. Fertilizers utilized for landscaping and lawn care shall be slow release,low-
nitrogen types (< A),), 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.
38. 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.
39. 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. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
d. The street address and assessors map/parcel number for the project.
e. The DEP file number.
f. A written statement from the applicant certifying that the work has been conducted
as shown on the plan(s)and documents referenced above,and as conditioned by the
Commission.
40. 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#242-923. 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 orspillage of pollutants Condition#36 ;
gP { )
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Conditions#37).
CAWinword\00C\242-923.doc 9 NACC 8/20/98
242-923
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310 CMR 10.99
Form 2
DEP File No.
(ro Oe Oroviaed by DEP)
Commonwealth CIty,Town NorthAndover
`' _ - of Massachusetts Aootcant Richard Shorter
'39 T.ry mE �
Date Reoueat Rea 6118(98
- " 100 Campbell Road, Lot 30
POSITIVE Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and Chapter--1-78 Code of North Andover Wetland Bylaw and Regulations
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To Richard Shorter Same
(Name of person making request) _ (Name of property owner)
Address 100 Campbell Road Address
This determination is issued and delivered as follows:
Q by hand delivery to person making request on �l (date)
by certified mail,return receipt requested on ! �o _(date)
Pursuant to the authority of G.L c. 131 , §40, the North Andover Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the fallowing determination (check whichever is applicable):
Location: Street Address 100 Campbell Road
Lot Number: Lot 30
1. [j The area described below, which includes allipart of the area described in your request, is an
Area Subject to Protection Under the Act. Therefore, any removing,filling, dredging or
altering of that area requires the filing of a Notice of Intent.
Z. 7 The work described below, which includes all;part of thework described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There-
fore. said work requires the filing of a.Notice of Intent.
Effective 11110189
Z"1
3. The work described below, which Includes all:part of the work described In your request, is within
the Buffer Zone as defined in the reaulatlons, and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intens
This Determination is negative:
1. p The area described in your request Is not an Area Subject to Protection Under the Act.
Z. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
I
Notice of Intent.
3. p The work described iri your request is within the Buffer Zone, as defined in the reaulatlons. but will
not alter an Area Subject to Protection Under the Act.Therefore, said work does not require the
filing of a Notice of Intent. _
4. p The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemptfon.as specified in the Act and
the regulations, no Notice of Intent is required-
Issued by NORTH ANDOVER Conservation Commission
Signature(s)
ro
T is :rminatifnmust a Detsigned by a majority of the Conservation Commission.
y
/On this
lst da of July c 98 before me
personally appeared Albert 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 tree act and deed.
Notary Pubfic My corrlmissid?i expires '
This Determination noes not relieve the acolicant from camolying wttm all other aeottc=ie feaeral. state of IOCat statutes. crainances.
try-laws or regulations.This Determination shalt be valid for three years torm Ine nate at issuance
The apolicant,the owner.any person aggrieved by this Determination,any owner of land abumine the fano upon wnich the or000sed work
ie to be gone.or any ten resioents of Ing city or town in wntcn such lanes localea.are nereoy notified or ineir runt to request the Decartment
of Environmental Protection to issue a SuDersedino Determination at Azohcaoihty.,providing the recuest is mace ov cer ibec mad or nand
deirvery to the Decartment.with the=o rcortate filing I" and Fee Transminal Form as provided in,to Ct.IR within ten pays tram
the date of issuance of this Determination.A copy of the request shalt at Ing same time be Pent by carmllec malt or(lana oenvery 10 the
Conservation Commission and the&PPhcant.
2-2A
310 CMR 10.99 R ,= ° 1
Forma
TOWN �' -"K
N "i Ile'F''inl 242—.36
m 7 ITo oe orovioed by DEP)
• Commonwealth +� City Iown North Andover
-�-� of Massachusetts Aooucant Atty. Peter Caruso
Lot 30 (#100) Campbell Road
Partial Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From North Andover Conservation Commission Issuing Authority
TO Atty. Pa1-ar Carncn 1 Flm Strept. Andover, MA n1Rln
(Name) (Address)
Date of Issuance January 6 1993
This Certificate is issued for work regulated by an Order of Conditions issued to James & Anne Riley.
dated "7/12178 and issued by the NACC
1. $3X It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed:(If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may commenced without filing a new'Notice of Intent
and receiving a new Order of Conditions.
l ............................................................................................................................................................ ...................
(Leave Soace Blank)
Effective 11/10/89
4. UX This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on (date)
at the Registry of . Book-. Page
5. Q 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 N ort;4 Andover Conservation Commission
Signature(s)
When issued by tth Conservation Commision this Certificate must be signed by a majority of is members.
On this day o , 19 . before me
personally appeared ® , 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.
Z--'00
Notary ublic V My commission expires
Detach on dotted line and submit to the North Andover ConGPrvat•i nn r nmmi cci nn
To NACC issuing Authority
Please be advised that the Certificate of Compiiance for the protect at:- Lrit 10 Camphill 8o ad
FiteNumoer 242-36 has been recorded at the Registry of Deeds, Northern Essex
and has been noteo in the chain of tale of the affected Procerty on 1 9
It reccraeo tanc.:^.e instrument numoer wntca ioemdies trios transaction is
is regtstereo►and.the cocument numoer wnten'toenalies this transaction is
Signature Aomcani
Massachusetts Department of Environmental Protection
DEP File Number:
i Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-923
L Bureau of Resource Protection - Wetlands
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Richard & Laurie Shorter
computer, use Name
only the tab
key to move 100 Cambell Rd.
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
� 2. Property Owner(if different):
Name
rerwn
Mailing Address
City/Town State Zip Code
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
8/19/98
Date
for work at:
100 Campbell Rd.
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex 03527 214
County Book Page
Certificate(if registered land)
is hereby extended until:
8/19/02
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
North Andover
Conservation Commission
wpaformTdoc•rev.8/6/01 Page 1 of 3
r
Y
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
Y
WPL1AForm 7 Extension Permit for Orders of Conditions 242-923
(j
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Finding Information (cont
This Order of Conditions Extensi ust be signed by a majority of the Conservation Commission and a
copy sent to the applicant an a opriate DEP Regional Office(see Appendix A).
Signatures:
On Of
Day Month anfYear~
before me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and de ;N,A DIANE PO RIEI
C<� Notary Public
Commonwealth of Massachusetts
Notary Public y co i3
,
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted_ on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpaform7.doc•rev.7125101 Page 2 of 3
J
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 7 - Extension Permit for Orders of Conditions 242-923
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation (cont.)
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Project Location DEP File Number
has been recorded at the Registry of Deed of:
Essex
County
for:
Property Owner
and has been noted in.the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.7/25/01 Page 3 of 3
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A — DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutwsbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
CarverFalmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform7.doc-Appendix A-rev.7/25/01 Page 1 of 1
DEP FILE#242 -
SPECIAL CONDITIONS
Sensitive Areas/Intermittent Streams/Open Water Areas/Wetland
Management Areas Type 1,Type 2,Type 3/Limited Access Areas 5.4.6,Table 5-
1 of VMP (per town of North Andover Wetlands By-law and MWPR section
10.53 (3) (n) (8) (a,.b.,f,h.and i.)
1. All tree and shrub clearing activities in or within 15 feet of intermittent
streams ("stream channel areas")will be done by hand using hand held
power tools. No vehicles and mechanical cutting equipment will be
allowed in or within intermittent stream areas. Skidding and necessary
removal of logs,slash and debris will be done by winch and cable from a
skidder or other appropriate hauling equipment staged outside of the
stream channel area.
2. No logs, slash,bark mulch,wood chips,or other debris will be left within
25' feet of the stream channel areas unless specifically incorporated as part
of the Wildlife Habitat Improvements as identified in section 5.4.7 of the
VMP.
3. The Environmental Monitor will review on a weekly basis and daily as
necessary during periods of high runoff to closely monitor all intermittent
streams and known flow release points from the Airport property to
ensure there is no erosion and sedimentation of resource areas,silt laden
runoff, or significant increased rates of runoff occurring as a result of the
cutting and clearing activities. Inspection and reporting of monitoring
efforts will be made to the NACC.
Upland Management Area 3/Wetland Management Area 3 (per Town of
North Andover Wetlands Protection By-law and MWPR section 10.53 (3) (n) (8)
(a,.b., and i.)
1. All tree and shrub cutting activities within the 25' No-Disturbance Zone
and within the wetland resource areas in the area of the residential
neighborhood identified as Upland Management Area Type 3 and
Wetland Management Area Type 3 will be done by hand (hand held
power tools) without use of mechanical harvesting equipment(track
shears). Removal of logs and top slash and debris from resource areas will
be allowed by skidder when the ground is sufficiently frozen or dry. A
designated skidder haul route will be established by the contractor in a
CAWinword\00C\boi1er1.doc 13 NACC 08/01/2001
DEP FILE#242 -
location,which minimizes damage to remaining vegetation and ground
surface.
2. The NACC has concerns for changes in surface runoff rates and surface
groundwater hydrology as a result of complete removal of overstory
vegetation,particularly in the area of the residential neighborhood where
the potential for hydrological changes to the resource area,and to directly
effect abutting residential properties is greatest.
In addition the existing understory in this area has been identified as
predominantly invasive non-native shrub species whose numbers will
likely increase substantially and dominate the remaining vegetative
community following overstory removal.
Therefore the NACC limits the overstory clearing in this area to the
phased methodology identified in section 5.1.6 of the VMP with the
following restriction: only those trees which have been identified in the
Obstruction Analysis which currently penetrate the transitional zone or
trees which upon clear demonstration will penetrate within 5 years of
issuance of this Order of Conditions will be cut within the 25' No
Disturbance Zone and within the wetland resource areas. Remaining trees
within the stand below the above-described heights will be left in tack
with as little damage from tree felling and skidding activities as possible.
3. The secondary channel and proposed drainage diversion/Bank
reconstruction identified in section 5.4.9 of the VMP will be monitored by
the Environmental Monitor on a weekly basis and daily as necessary
during periods of high runoff to ensure there is no erosion and
sedimentation of down slope areas, silt laden runoff, or significant
increased rates of runoff occurring as a result of the cutting and clearing
activities. Inspection and reporting of monitoring efforts will be made to
the NACC.
STEEP SLOPES (per Town of North Andover Wetlands Protection By-law and
MWPR section 10.53 (3) (n) (8) (b.,f, and h.)
1. All tree and shrub clearing activities on steep slopes identified in section
4.9 of the VMP will be done by hand using hand held power tools. No
vehicles and mechanical cutting equipment will be allowed on these or
other slopes in the project area 2:1 or steeper in grade. Skidding and
necessary removal of logs, slash and debris will be done by winch and
cable from a skidder or other appropriate hauling equipment staged
outside of the slope area.
CAWinword\00C\boiler1.doc 14 NACC 08/01/2001
DEP FILE#242 -
2. Erosion control will be placed between all areas on steep slopes of
disturbed unstable soil created during cutting activities and down slope
wetland/intermittent stream areas. Erosion control methodology and
placement locations will be identified to the NACC administrator for prior
approval. Erosion control will remain in place until the disturbed erodable
areas have sufficiently stabilized.
CONTROL OF SPREAD OF NUISANCE VEGETATION (per Town of North
Andover Wetlands Protection By-law and MWPR section 10.53 (3) (n) (5) (e),
and section (8) (b.,c.,and g.)
1. The applicant shall take all measures necessary to avoid the introduction
of invasive or nuisance vegetation to the site. The proponent will also take
all necessary steps to minimize the spread of existing nuisance and
invasive plant species on the site. All cutting,clearing,mowing or other
activities within areas of invasive,nuisance vegetation identified in
section 4.8 of the VMP will be done so as not to facilitate the spread, re-
introduction, or increase in population density of these or other
unidentified invasive species.
2. The tire and tracks of all track and rubber tired machinery brought on-site
from and off site location will be inspected by the Environmental Monitor
to ensure it will not introduce invasive plant species to the site. If
necessary equipment will be cleaned of mud, soil,plant debris,seeds etc.
in an appropriate offsite location prior to being brought to the site.
3. The Environmental Monitor will include inspection reporting to the
NACC specifically to address invasive and nuisance species monitoring
and control methodologies, and will provide the NACC with a detailed
action plan in the event that additional measure are necessary to control
the spread of nuisance or invasive plant species.
EROSION CONTROL (per Town of North Andover Wetlands Protection By-
law and MWPR section 10.53 (3) (n) (8) (b.)
1. Unless otherwise directed by the NACC Administrator,erosion control
will be placed between all areas of disturbed unstable soil created during
cutting activities and down slope wetland/intermittent stream areas. The
Environmental Monitor will be responsible for identifying all areas of soil
disturbance or other areas with potential for erosion. Erosion control
methodology and placement locations will be identified to the NACC
administrator for approval prior to implementation. Erosion control will
C:\Winword\00C\boi1er1.doc 15 NACC 08/01/2001
DEP FILE#242 -
remain in place until the disturbed erodable areas have sufficiently
stabilized.
WILDLIFE HABITAT IMPROVEMENTS (per Town of North Andover
Wetlands Protection By-law and MWPR section 10.53 (3) (n) (8) (c.)
1. The applicant shall provide for wildlife habitat mitigation as detailed in
section 5.4.7 Wildlife Habitat Improvements of the VMP. The NACC finds
these measures to be acceptable in addressing partial impacts and
disruption to wildlife as a result of cutting activities. The NACC does not
find this to constitute a complete mitigation for the modification of on-site
wildlife habitat characteristics and reserves the right to require additional
measures in the event that the vegetation removal and clearing impacts
beyond those anticipated and identified in the VMP.
2. The applicant shall submit a Mowing and Maintenance Operation Plan to
the NACC for areas specifically identified for wildlife habitat
improvement under section 5.4.7 of the VMP. This plan should clearly
identify areas selected for mowing,seasonal mowing schedules,and type
of equipment to be utilized for mowing activities in each area.
C:\Winword\OOC\boilerl.doc 16 NACC 08/01/2001