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HomeMy WebLinkAboutMiscellaneous - 121 ABBOTT STREET Massachusetts Department of Environmental Protection o hl Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-480 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1. This Certificate of Compliance is issued to: When filling out P forms on the Robert F:Matson, McElhiney and Matson computer, use Name only the tab key to move 607 Main Street your cursor- Mailing Address do not use the Woburn MA. 01801 return nkkey. City/Town State Zip Code ./�I�, I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: �� Abbott Street Trust, Benjamin C. Osgood Name June 8, 1989 242480 Dated DEP File Number 3. The project site is located at: Lot 33 Abbott Street(# 121) North Andover Street Address City/Town Map 38 Parcel 190 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was Irecorded d a t the Registry of Deeds for: 9 rY Property Owner(if different) Essex North 2998 7 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 6/27/05 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: PCOC for Lot 33 only. wpaform 8b.doc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: �j WPA Form 8B - Certificate of Compliance 242-480 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40Provided by DEP E B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under theWetlandsProtection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring,that should continue for a longer period). Condition Numbers: 22, 23, and 34 C. Authorization Issued by: North Andover d Conservation Commission Da of Isittrice This Certificate must be signed by,a 'ty of the Conservation Commission and a copy sent to the applicant and appropriate DEP Office(See Attachment). Signatures: wpaform 8b.doc•rev.7113104 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-480 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont;) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Of 7TOX) e, Day Month Year before me, the undersigned Notary Public,personally appeared S G p-f' I7US-se, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it voluntarily for its stated purpose. North Andover As member of Conservation Commission cityrrown fti��'fI. �iL✓ SjjKature of Notary Public Dol)l) /1IDONNAk� 1JG " l WEM Printed Name of Notary Public NOTARY PUBLIC CONIOkWEA IN OF IWIBS4 Mfl M My cama Eon ko t,MW 7 0 00 My Co mis ion E fres(Date) Place notary seal and/or any stamp above —/V. Sig ture of Notary Public wpaform 8b.doc•rev.7113!04 Page 3 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-480 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------=-------- ----------------- ---------------------------------------------- To: ------------------------- ---------Ta North Andover ConservationCommission Please be advised that the Certificate of Compliance for the project at; . 242-480 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County t Y for: Property r o p Y Owne the affected property on: and has been noted in the chain of title of II - Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land,the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 t3elchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield" Florida Lanesborough North Adams Shutesbury 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 Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster 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 Mifford 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 New Bedford 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 Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset HUB Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere- Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowen Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham wimington 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 wpaform8b.doc-DEP Addresses-rev.6/27105 Page 1 of 1 i Y Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1026 - Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the R.L.I. Corp. computer,use Name only the tab key to move 475 Boston Road your cursor- Mailing Address do not use the Billerica MA 01821 return key. Cityrrown State Zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Land Corp. Name 11/2/00 242-102ti Dated DEP File Number 3. The project site is located at: Lot 33 Abbott StreetNorth Andover L Street Address CityfTown 38 190 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for. 9 North Andover Land Corp. Property Owner(if different) Essex 5972 253 County Book Page Certificate 4. A site inspection was made in the presence of the applicant,or the applicant's agent,on: Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the fbIloVAng portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.12/15/00 Page 1 of 3 L Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B - Certificate of Compliance 242- /02( Massachusetts Wetlands Protection Act M.G.L. c. 131 0 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order:.of-Conditious.never.:commenced....The.order..of:Conditions,hasJapsed..and.is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may,commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (include any conditions contained in the Final Order,such as maintenance or monitoring, that should continue for a longer period). Condition Nprnbers: C. Authorization Issued by: North Andover 3 conserm m commission iss NM* This Certifica be signed by a majority of the Conservation Commission and a copy sent to the applicant a a 'at Regional Office(See Appendix A). Signatu On / O Of Day month W4 Year before me personalty appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and acknowiedged that he/she executed the same as testes free act and deed, JACKI 13YERLEY Notary Public N. ry Pubic .y commission expires Nly commission JuIY 5,2007 aform 8b.doc•rev.2113/02 Pa e 2 of 3 �'p 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1026 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. Ta Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.12/15/00 Page 3 of 3. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 Afford Cummi On Hatfield Monterey Richmond Ware Suite 402 Amherst Springfield,MA 01103 Ashfield p�eld Hawley Monson ry Rowe Warwick av Phone:413-784-1100 Becket Easthampton Hinsdale � Russell sfeld Washington nel Fax:413-784-1149 Belchertown East Longmeadow Holland Now Ashford Savoy Westfield Bemardston Holyoke New Marlborough Sheffield Westhampton Egremart H ire Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lansaborough North Adams Shutes Buckland bury West Stockbridge Charlemont Gig Lonox Northampton Southamptoneld South Hadley Wharah am ChesChester Granby Leveret Orange ngSouthwickWilliamsburg Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pathan Sunderland Worthington Clarksburg Hadley Mtddbteld Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Mitvilb Si,ktay Vvaffrah Worcester,MA 01605 gtFrol� Douglas Hnudson Now Braintree Shrewsbury Webster Dudley Hollistm Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lane � Northbe Southbridge Wedo0 Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield TDD:508-767-2788 BellinghamreFGardnar chtiurg L aknam Sterling Westford Oxford stow Westminster Berlin Grafton L.unenburg Paxton Sturbridge Wine hendon Blackstone Groton Marlborough Pepperell Sutton Worcester Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Boylston Hoiden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattwoisett Provktcetown Tisbnsy 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Rayrnham Truro Lakeville,MA 02347 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Avon Duxbury Halifax NewBedford Rochester We Phone:508-946-2700 Barnstable Eastham Hanover North Fax:508-947-6557 Bourne E Bridgewater Hstonan Norton h Sandwich Westport Bridgewater Rockland West TDD:508-946-2795 Norwell Scituate west Tiisbury Brewster Edgartown I('mgston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fail River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marionto ghat en Chatham Foxbormigh Marshfield plymoth SwanseaS Chilmark Franklin Masftpse Pympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Mia Quincy Andover Chelsea Holbrook Methuen Randolph W kefteild 205 Lowell Street Walpole Arlington cohassel Hut Wilmington,MA 01887 Ashlandpswich Middleton Reading Waltham Phone:978-661-7600 Bedford Danvers Lawrence Mite Revere Watertown Danvers Lawrence Mllf a Rockport Wayland Belmont Salem V1 r Fax: 978-661-7615 Beverly D Lexington Nahaht TDD:978-661-7679 Lr'�' Natick Billerica Draae Lowell Needham.. Salisbury West Newibury Boston Essex Lynn Newbury Saws Weston Boxford Everett Lynrfisld Newburyport Sherbom Westwood Braintree Framingham Mallen Newton Somdrvite Yl�ymonfin Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wil mmgron Burlington Gloucester Marblehead North Andover Sudbury Cambridge Winchester G,°ye Canton GrovelHamilton Modrom North Reading Swampscott Winthrop Medford Norwood Tewksbury W°bum Carlisle Haverhill Melrose Peabody Topsflald wpaform8b.doc-Appendix A-rev.3/15/02 Page 1 of 1 Apr 27 05 08: 29a NORTH ANDOVER 9786889542 p. 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1026 . Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1. This Certificate of Compliance Is issued to: When filling out p forms on the R.L.I. Corp: computer, use Name only the tab key to move 475 Boston Road your cursor- Mailing Address do not use the Billerica MA 01821 return key. CityrTbwn State Zip Code .�� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: �i North Andover Land Corp. Name 7d0"' 11/2/00 242-1026 Dated DEP File Number 3. The project site is located at: Lot 33 Abbott Street North Andover Street Address Cityt own 38 190 Assessors Map/Met Number Paroel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for. North Andover Land Corp. Property Owner(if different) Essex 5972 253 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpafwm 8b.dac•rev.12115/00 rage 1 of 3 Apr 27 05 08: 29a NORTH ANDOVER 9786889542 p. 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP Fife Number. }� WPA Form 8B — Certificate of Compliance 242- /02& Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) Invalid Order f Conditions: 1 is hereby certified that the work regulated b the above ❑ nval d o CondrW # re y g y referenced Order..of.Conditions..newr..commenced..,The.Arden.of.-Conditions.bas..tapssd..and.is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (include any conditions contained in the Final Order,such as maintenance or monitoring, that should continue for a longer period): Condition Nwpbe 11 &�. 1v4 , ��/ C. Authorization Issued by: North Andover conservation Cofnmission issuance This Certifi myst be signed by a majority of the Conservation Commission and a copy sent to the applicant a ap riat Regional Office(See Appendix A). Signatu f ` On / U Of Day Month and Year before me personally appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the some as taAer free act and deed. -, JACKI SYERLEY Notary Public V0 U.k/connission mires AA1r Commission Expire, July 5,2007 wpaform 8b.doc-rev.2/13102 Page 2 of 3 Apr 27 05 08: 29a NORTH ANDOVER 9786889542 p. 4 t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fite Number 1 WPA Form 8B •- Certificate of Compliance 242-1026 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project location DEP File Number Has been recorded at the Registry of Deeds of County for: Property Owner and has been noted in the chain of title of the affected property on Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.12/15/00 Page 3 of 3 Apr 27 05 08: 29a NORTH ANDOVER 9786889542 p. 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A — DEPRegional 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 Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales g Alford Cummington Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashrield Deerfield Heath Monson Russel Washington Phone;413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfeld Wendell Belchartown East Longmeadow Holland New Ashford savoy Westfkill Fax:413-784-1149 Bemardslon Egramont Holyoke Now Marlborough Sheffield Waspvampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gig Lea Northampton SouCtampton What* Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveratt Orange Southwick Williamsburg Chaster Granville Leyden Otis Springfield Williamstown Chesterfield Creat Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefiand Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston M1111019 Swwy Warre Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Wastborangh Phone:508-792-7650 Auburn Dunstable Lartoater Northbridge Southbridge west Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barra Fitchburg Leominster Oalham starting Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster Berlin Grafton Lunenbu m Paxton Sturbridge ve chendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway PhBlpslon Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Millard Royalaton Upton DEP Southeast Region Abington Dartmouth Freetown Mattapd"M Provkw*own Tisbury 20 Riverside Drive Acushnot Dermis Gay Head Middleborough Raynham Tnro Attleboro Dighton Gosnold Nertb.aeket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax NewBedford Rochester Weggeet Phone:508-946-2700 Bamstabts Eastham Hanover NorotAttWoorough Rocidend WestBrldgewatar Fax:508-947-6557 Berkley Fast Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwkh Norwell Scituate WestTistiwy TDD:508-946-2795 Brewster Edgeriown Kingston OakBknffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sheron Wrentham Brockton Fail River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Pli inville Stoughton Chatham Foxborough Marshfield Plymouth Swamps Chilmark Franklin Me"" Pympton Taunton DEP Northeast Region Amesbury Chelmsford HkV— Merrimac Quincy Wakefleld 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waakhan Wilmington, MA 01887 Ashland Concord Ipswich Mills Revere - Watertown Phone:978-661-7600 Bedford Darwers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahanl 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 LynNield Newburyport Sherburn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By Tine-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Grovelarnd Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tawksbury Wobum Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•Appendix A-rev.3115102 Page 1 of 1 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection- Wetlands 242-1026 WPA Form 5 - Order Of Conditions Lot 33 Abbott St. 1 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Applicant Information 1W`' From: The Notice of Intent for this project was filed on: AlloeC(�*'Z )�O North Andover July 21, 2000 conservation commission Date For. The public hearing was closed on: 242-1026 October 18, 2000 P-gect File Number We To: North Andover Land Corp. Title and Date of final Plans and Other Documents: Applicant Name Plans prepared by New England 60 Beechwood Drive MailmgAddress Engineering (Representative), Entitled North Andover City/rawn "Site Development Plan for 33 Abbott St." MA 01845 stare hp Code dated REV 10/10/00. The project site is located at North Andover City/town 38 190 Assessors MVPlatI PxcelAot# and therope is recorded at the Registry of Deeds for: p ttY Essex North 4248 164 County Book ceniricare(ifmgisrend lard) Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to and based on the information provided in this application and presented at the public hearing,this commission finds that the )0 the following conditions which are necessary,in accordance area in which work is proposed is significant to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in X Public Water Supply accordance with the Notice of Intent referenced above,the Y Private Water Supply following General Conditions,and any other special X Groundwater Supply conditions attached to this Order.To the extent that the ®Flood Control following conditions modify or differ from the plans, ❑Land Containing Shellfish specifications,or other proposals submitted with the 96tice ®Fisheries of Intent,these conditions shalt control. 1%Storm Damage Prevention X Prevention of Pollution 9 Protection of Wildlife Habitat Massachusetts Department of Environmental Protection 242-1026 Bureau of Resource Protection- Wetlands Lot 33 Abbott s t. WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Findings (cont.) debris,including but not limited to lumber,bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Orderhave elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any [or,"MA DEP"]"File Number exclusive privileges;it does not authorize any injury to 242-1026 private property or invasion of privaterights. Project File Number 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, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either,of the following apply: 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Act;or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Order. "Site Development Plan for 33 Abbott St." 5. This Order may be extended by the issuing authority for Tide one or more periods of up to tree years each upon REV 10/10/00 application to the issuing authority at least 30 days prior to Dated the expiration date of the Order. Richard Tangard, P.E. 6. Any fill used in connection with this project shall be clean Signed and stamped by fill. Any fill shall contain no trash,refuse,rubbish,or NACC on file with n Esc Massachusetts Department of Environmental Protection 242-1026 Bureau of Resource Protection- Wetlands Lot 33 Abbott S t. WIDAR Form 5 - order of Conditions � and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) Findings as to municipal law,bylaw,or ordinance 13.Any changes s to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant North Andover enough to require the filing of a new Notice of Intent. conseruadoncommission hereby finds(check one that applies): 14.The Agent or members of the Conservation Commission' and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. Narmard cwvn otnenicipailaw,bylaw,or ordinance Therefore,work on this project may not go forward unless 15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these this Order and to any contractor or other person perform Standards,and a final Order of Conditions is issued. ing work conditioned by this Order. 16.Prior to the start of work,and if the project involves work 1 that the following additional conditions are necessary to adjacent to a Bordering Vegetated Wetland,the boundary of comply with a municipal law,bylaw,or ordinance,specifi- the wetland in the vicinity of the proposed work area shall cally be marked by wooden stakes or flagging. Once in place, Chp. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of Nam and aarlon of nwnicipal law,bylaw,or ordinance: work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed in accordance with the said additional conditions and with sion. the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegetation or other means. At no time shall sediments of Intent,the conditions shall control. be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance: immediately control any erosion problems that occur at the See attached conditions. site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Special Conditions(else additional paper if necessary) See attached conditions. n lnitln DEP FILE#242— 1026 Therefore, the North Andover Conservation Commission (hereafter the NACC„)hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modifv or differ from the lens specifications or other proposals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS - 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges;it does not„authorize any injury to private property or invasion of property rights. �3' However,, the NACC, agent of the NACC g or the Department p rtment 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,ls, 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 enc e with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). CAWinword\000242-1026 1 NACC 11/15/2000 t DEP FILE#242- 1026 23. The NACC reserves the right to amend this Order of Conditions a after a legally y advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant, 24.Where the Department of Environmental Protection(DEP)is requested.to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants i P n all deeds to succeeding owners of portions of the property. 26. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent supporting documents ni s and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27. The proposed work includes: Construction of a single dwe ' gf family 1hn associatedadin appurtenances,sewer pump and a 3 force main to go �' � PP up Abbott Street and tie into the existing sewer. No work in the sewer easement to the north-northwest of the lot is permitted. 28. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: New England Engineering (Representative) 60 Beechwood Drive North Andover,MA 01845 Site Plans prepared by: New England Engineering 60 Beechwood Drive North Andover,MA 01845 Dated REV 10/10/00 Stamped by: Richard Tangard,P.E. CAWinword\000242-1026 2 NACC 11/15/2000 t DEP FILE #242- 1026 29. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVM. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section IIID) &Appendix G of the local Regulations). 32. 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. 33. 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. 34. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not subject to flooding, storm damage or any other form of water damage. CAWinword\00C\242-1026 3 NACC 11/15/2000 DEP FILE#242-1026 PRIOR TO CONSTRUCTION 35. 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. 36. 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. 37. 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-",Expiration Date 38. 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. 39. 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 CAWinword\00C1242-1026 4 NACC 11/15/2000 DEP FILE#242- 1026 engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 40. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 41. Prior to construction,the applicant shall submit revised plans depicting the location if the stone wall and a detail to the NACC for approval. The stone wall shall be constructed prior to construction and shall be at least 2' in height and shall act as a permanent barrier ensuring no encroachment into the 25' No Disturbance Zone. The stone wall will be located on the upland side of the 25' No Disturbance Zone. 42. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed' areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request CAWinword\000242-1026 5 NACC 11/15/2000 DEP FH E#242—1026 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project; provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 46. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix A"signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 47. 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 beheld 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\000242-1026 6 NACC 11/15/2000 DEP FILE#242— 1026 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 48. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.)which accurately depicts the foundation location and ifs proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 49. 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. 50. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 51.Any de-watering activities must be approved by the NACC,or Agent thereof prior to taking place. 52. 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. 53. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 55. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 56. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. CAWinword\00C\242-1026 7 NACC 11!15/2000 DEP FILE#242-1026 57.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. 58. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 59. 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 60. 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. 61. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 62. After completion of work, the applicant shall permanently mark the edge of wetland resource areas and the"No-Disturbance Zone with signs or markers designating their sensitivity. This will ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant C:\WinwordN000242-1026 8 NACC 11/15/2000 DEP FILE#242- 1026 63. Upon completion of construction and grading, all disturbed areas bated 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. 64. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting,a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Buil'plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include(but are not limited to) septic systems, additions, fences, sheds,stone walls,pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work"includes M disturbance of soils or vegetation 111512 1 000 C:�Winword\OOC1242-102b 9 NACC DEP FILE#242—1026 ➢ Location of all subsurface utilities entering the property. 79. 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-A%. 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#59); Prohibition of underground fuels(Condition# 60); Limitations on the use of fertilizers, herbicides and pesticides (Conditions # 61). CAWinword\OOC\242-1026 10 NACC 11/15/2000 DEP FILE#242—1026 APPENDIX A-AFFIDAVIT Ion oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. l am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC mrmber) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this - day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\00C\242-1026 ll NACC 11/15/2000 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-1026 WPA Form 5 - Order of Conditions Lot 33 Abbott St. and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this 1 s t as a special condition pursuant to General Conditions#4, from the date of issuance. November 1, 2003 day of Date November Month 2000 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail Yew (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand deltveredj2Ltbe same time to the appropriate regional office of epartment of Scott Masse Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notay Public ....._ My commission expires All I t U/I This Order is issued to the applicant as follows.' r' 0 by hand delivery on Date X3 by email, �s� son November 2, 2000 Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he/she isnot the appellant. n...... a..c c Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-1026 WPA Form 5 Order of Conditions Lot 33 Abbott St. and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the North Andover Conservation Commission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. ----------- ———— ---- ------------ To: Conservation Commission Please be advised that the Order of Conditions for the project at ftea Location DEP File Number has been recorded at the Registry of Deeds of county and has been noted in the chain of title of the affected property in Book Page in accordance with the Order of Conditions issued on Date If recorded land,the instrument number which identifies this transaction is InSUumert Number If registered land,the document number which identifies this transaction is Document Number SigMftJre ofAppticant Massachusetts Department of Environmental Protection 242-1026 Bureau of Resource Protection- Wetlands Lot 33 Abbott S t. WPA Appendix E . Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Please type or print clearly all Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address Mailing Address City/Town CitylTown state Zip Code Siate Zip Code Phone Number Phone Number Fax Number(if applicable) Fax Number Cf applicable) Project Location: DEP file Number: StreetAddress CityTown Instructions 1. When the departmental action request is for(check one) 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A- 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant.