HomeMy WebLinkAboutMiscellaneous - 160 BRIDLE PATH IYIilSS4G/li/3Cl�J t/C�JmtlllCltc V� cuvnvuiucfnar rrvcc�.arvu DEP File Number
Bureau of Resource Protection- Wetlands
242-1040 .... ... ._....,
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BrIdIp Path
W.D.R. Form 5 order of Cond'tionS forDEPuse�oniy
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
13 Applicant Information
From: The Notice of Intent for this project was filed on:
North Andover 9/22/2000
Conservation Commission Date
For: The public hearing was closed on:
242-1040 10/04/2000
Pmjea File Number Date
To:
Patrick & Christina Morgan Title and Date of final Plans and Other Documents:
Applignt Name
Plans prepared by Terry Gensel in
160 Bridle Path
MailingAddress Notice of Intent for Patrick &
North Andover
Ciry/Town
Christina Morgan, dated 9/20/2000
MA 01845
state rip Code
The project site is located at:
North Andover
Ciry/Town
1O4C 76
AssessorsMap/PlatI pwcelAot/
and the property is recorded at the Registry of Deeds for:
North Essex 2113 111
County Book Page
Certificate(if mggmd 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 DO 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
9 Private Water Supply following General Conditions,and any other special
X Groundwater Supply conditions attached to this Order.To the extent that the
9 Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
®Fisheries of Intent,these conditions shall control.
®Storm Damage Prevention
X Prevention of Pollution
DO Protection of Wildlife Habitat
MaSSaCHUSMS l/eparaftwln ui riwituuuxniai rimat awn
Bureau of Resource Protection- Wetlands 242-1040
W.D.A. Form 5 - Order ®f Conditions 160 Bridle Path
Order
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §4D 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 arts of an of the foregoing.
P Y
❑ 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 Order have 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,VA DEP"]"File Number
exclusive privileges;it does not authorize any injury to 242-1040
private property or invasion of private rights.
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.
NOI Plans for Patrick & Christina Morgan
5. This Order may be extended by the issuing authority for We
one or more periods of up to three years each upon 9/20/2000
application to the issuing authority at least 30 days prior to Dated
the expiration date of the Order. Adam Scott, 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
massamuseiis veparinrear of cHvIruII/Ilvncaf rfueec lun
Bureau of Resource Protection- Wetlands 242-1040
•
PA Form 5 - Order of Condition 160 Bridle Path
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
13 Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation North Andover
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. conseruaboncommission
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the p 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. Nameard rmaion ofmunicipallaw,bylaw,orordinmce
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless
interest or successor in control of the property subject to and until a revised Notice of Intent is submitted which
this Order and to any contractor or other person perform- provides measures which are adequate to meet these
ing work conditioned by this Order. standards,and a final Order of Conditions is issued.
16.Prior to the start of work,and if the project involves work 43: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 Nameand atation ofmunicipallaw,bylaw,crordimnce-
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 shalt be performed
in accordance with the said additional conditions and with
sion.
the Notice of Intern 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(Use additional paper if necessary)
See attached conditions.
t
DEP FILE #242 - 1040
Therefore, the North Andover Conservation Commission(hereafter the
"NACC) hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State',Regulations, the local
ByLaw and Regulations, to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans,specifications or other proposals
submitted with the Notice of Intent, the conditions shall control
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to 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. However, the NACC, agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations,and may require any
information,measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended b the issuing authorityfor one or more periods
Y Y g
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).
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DEP FILE #242 - 1040
23. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant.
24. Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
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 in 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 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: Installation of a sewer connection within the
buffer zone to a Bordering Vegetated Wetland.
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: Terry Gensel
94 Benjamin Road
Shirley,MA 01464
Site Plans prepared by: Terry Gensel
94 Benjamin Road
Shirley,MA 01464
29. 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 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.
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DEP FILE #242 - 1040
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
except where depicted on the approved plan . 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 III(D) &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 Commissions jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order,the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. 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 be subject to flooding, storm damage or any
other form of water damage.
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.
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DEP FILE #242 - 1040
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 242-1040, 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
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.
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DEP FILE #242 - 1040
41. 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.
42. 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.
43. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of 15 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.
44. A check payable to the Town of North Andover shall be provided in the
amount of$1,000 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
C:\Winword\OOC\242-1040.doc 5 NACC 10/18/2000
DEP FILE #242 - 1040
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.
45. The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor"to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. At least once during
each week in which construction activities occurs on-site and for as long
thereafter as ground remains unstabilized,the applicant shall submit a
written report from the "Erosion Control Monitor' to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site
inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion
control monitor must visually inspect all sedimentation,/erosion control
measures and assume responsibility for their maintenance on a weekly basis
and that they are functioning as intended. In addition, all wetland resource
areas must be visually inspected for siltation, turbidity,and/or other water
quality impacts.
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
engineer,rep l�
representative,the contractor,the neer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
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DEP FILE#242 - 1040
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of
Conditions resultingfrom f i
failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
48. Upon beginning work, the applicant shall submit written progress reports
every week detailing what work has been done in or near resource areas, and
what work is anticipated to be done over the next period. This will update the
construction sequence.
49. The sewer connection shall be tested in accordance with North Andover DPW
standards.
50. Approved de-watering activities anticipated shall be supervised and
witnessed by the designated erosion control monitor. De-watering activities
shall be conducted as shown on the approved plans and shall be monitored
daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas.
No discharge of water is allowed directly into an area subject to jurisdiction
of the Wetlands Protection Act and/or the North Andover Wetland ByLaw.
If emergency de-watering requirements arise, the applicant shall submit a
contingency plan to the Commission for approval which provides for the
pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
51. 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.
52. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
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DEP FILE #242 - 1040
53. 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.
54. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
55. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
56. 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.
57. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
58. 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
59. 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.
60. 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
CAWinword\00C\242-1040.doc 8 NACC 10/18/2000
' s
DEP FILE #242 - 1040
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.
61. 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.
62. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the 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 of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer 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.
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➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes a-�disturbance of
soils or vegetation.
➢ 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- -
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#
➢ Prohibition of underground fuels (Condition#_);
➢ Limitations on the use of fertilizers,herbicides, and pesticides
(Conditions #_&
CAWinword\OOC\242-1040.doc 10 NACC 10/18/2000
DEP FILE #242 - 1040
APPENDIX A-COMPLIANCE CERTIFICATION FORM AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I 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 number)
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. I 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)
CAWinword\00C\242-1040.doc 11 NACC 10/18/2000
Massachusetts Department or tnvironmenrai rrorecnon 242-1040
Bureau of
C
of Resource Protection- Wetlands 160 Bridle Path
DA ! ® 5 - Order Of Condition and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 Protection Bylaw.
Findings (coat.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 18th
from the date of issuance.
October 18, 2003 day of October
Date
Month
This Order must be signed by a majority of the conservation 2000
commission.The Order must be mailed by certified mail Year
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Scott Masse
time to the appropriate regional office of the Department of
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.
Notary blit
A.At0
Mycomdssionex*as
This Order is issued to the applicant as foliows
,`-�' ' d ❑ by hand delivery on -
Date
October 19, 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 is not the appellant.
Massacnuseuis Uepai[men[ortn'voran►ncn[a►rIUAVIA vn
Bureau of Resource Protection- Wetlands 242-1040
WDA Form 5 - Order Of Conditions 160 Bridle Path
1 and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, YO Protection Bylaw.
3 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
Project 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
Insnment Number
If registered land,the document number which identifies this
transaction is
Document Number
Sigr ireofApplicant
massacnuserrs ueparrmenr orwwronn►enra►rrorecrion
Bureau of Resource Protection- Wetlands 242-1040
160 Bridle Path
PA Appendix E . Request for Departmental Action Fee Transmittal Form
W
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all ffa 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
City/Town
state Zip Code
state Zip Code
Phone Number
Phone Number
Fax Number(ifapplicable)
Fax Number(lfapphoble)
Project Location: DEP File Number:
9reetAddress
City/Town
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.
Town of North Andover
O� ttieo rs�k
Office of the Conservation Department Q `�
Community Development and Services Division
27 Charles Street �ssacHus�t
North Andover,Massachusetts 01845 Telephone(978)688-9530
Fax(978)688-9542
Modification to Order of Conditions
File No. 242-1040
Project Address: 160 Bridle Path
The NORTH ANDOVER CONSERVATION COMMISSION at it's meeting on 1/23/02,agreed to
accept o d t cw 7"A �_ ,herrn ib a Z-F�o+ G,►d, .tom of e jA d _�" mss
Sl,oz vv. an �k, - aan &n�aed As -9u,,L Plan oF Lan - (60 field/eO;i-h
` Chriitm� A. M0rro4N L)A+c [`Z-go - OI
as a Modification to the Order of Conditions issued in File 242-1040 dated 10/19/00 and recorded in
Book#2113 and page 111.
Issued by the CONSERVATION COMMISSION:
f
f
�r P
4
On this 23rd day of Janus 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 deed.
JACKIBYERLEY
ary�zbli` My Cdq=IM ;J6J}*�
o �
July 5,2007
A receipt from the registry of Deeds must be submitted to this office showing that this Modification has
been recorded and referenced to the book and page numbers where the original order was recorded.
Original-Town Clerk
-copy-File
copy-Applicant
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Massachusetts Department of Environmental Protection
r Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1040
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Patrick and Christina Morgan
computer, use Name
only the tab
key to move 160 Bridle Path
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/-rown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Patrick and Christina Morgan
Name
October 18,2000 242-1040
Dated DEP File Number
3. The project site is located at:
160 Bridle Path North Andover
Street Address City/Town
104C 76
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
North Essex 2113 111
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:
wpaform 8b.doc•rev.12/15/00 Page 1 of 3
E
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance aye- 1 oti o
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
(� Ongoing Conditions:The following conditions of the Order shall continue: (include any
conditions contained in the Final Order,such as maintenance or monitoring,that should continue
for a longer period).
Condition Numbers:
t1; 7q
C. Authorization
Issued by:
North Andover 1-23-02
Conservation Commission Date of Issuance
This Certificate must be signed b ajority of the Conservation Commission and a copy sent to the
applicant and appropriate D egi ffice(See Appendix A).
Signatures:
ILLM1
f
On Tc;n 2'� Of Sac�vA`zJ� a ooa,
Day Month and Year
before me personally appeared
�cv�-�- (��sse CY►a�rman
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.
i
Natary ubic My commission aEy
"re
%0fary Public
My Commission Expires
July 5,2007
wpaform 8b.doc•rev.12/15/00 Page 2 of 3
t
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1040
Ll 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:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
160 Bridle Path 242-1040
Project Location DEP Fite Number
Has been recorded at the Registry of Deeds of:
North Essex
County
for:
Patrick&Christina Morgan
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
Y
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 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 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 Mardon 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
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Masl" 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 WaBham
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 Nahan4 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 Sherbom Westwood
Braintree Framingham Maker 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
wpaform8b.doc•Appendix A•rev.1/24/02 Page 1 of 1