HomeMy WebLinkAboutMiscellaneous - 233 JOHNSON STREET LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From. 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not John Bresnahan
use the return a. First Name b. Last Name c.Company
key. 233 Johnson Street
d. Mailing Address
VQ North Andover MA 01845
IL AV e.City/Town I f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b. Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
233 Johnson Street North Andover
a. Street Address b.City/Town
Map 97 Parcel 53
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known(note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
3374 349
c. Book d.Page
7. Dates: 10/12/07 11/14/07 11/15/07
a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Notice of Intent Plan
a. Plan Title
New England Engineering Services, Inc. Benjamin C. Osgood, P. E.
b. Prepared By c.Signed and Stamped by
November 12, 2007 V=20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $2,450.00 $712.50 $1,737.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/9/05 Page 9 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands t ands Protection Act M.G.L. c. 131,.§40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. El Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d,square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt d.cty nourishmt
14. ❑ Coastal Banks a.linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet, c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number
242-1415 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications,or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p Y
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 6 of 9
DEP FILE # 242 - 1415
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
MMj
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 by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information so
warrant.
24. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1415.
C:\Winword\OOC/233JohnsonStreetdoc 1 NACC 11/15/2007
DEP FILE #242 - 1415
26. The conditions of this decision shall apply to, and be binding upon, the applicant,owner, its
employees and all successors and assigns in interest or control. These obligations shall be
expressed in covenants in all deeds to succeeding owners of portions of the property.
27. 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.
28. The proposed work includes: the replacement and repair of an existing granite spillway
structure with associated grading in a Bordering Vegetated Wetland (BVW) to a pond and
intermittent stream, and Land Under Water (LUW). The work also entails the removal of
excess sediment from the pond,in order to restore it to pre-existing conditions.
29. 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: John Dresnahan (Applicant)
233 Johnson Street
North Andover,MA 01845
Dated October 12,2007
Notice of Intent prepared by: New England Engineering Services,Inc. (Representative)
1600 Osgood Street
Suite 2-64
North Andover,MA 01845
Site Plans prepared by: New England Engineering Services,Inc., entitled"Notice
of Intent Plan:233 Johnson Street" dated October 11,
2007 revised on November 12,2007. Stamped and signed
by Benjamin C. Osgood,Jr.
18. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetlands (BVW), Land Under Water (LUPI),and associated buffer zones.
19. 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.
20. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the approved plans referenced herein.
C:\Winword\OOC/233JohnsonStreetdoc 2 NACC 11/15/2007
DEP FILE #242 - 1415
21. The NACC finds the applicant's proposal for approximately 752 sq. ft. of temporary
wetland disturbance. Restoration activities will be in kind replacement of the disturbed
area.
22. 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 except in those previously disturbed areas (mowed
lawn to the edge of the BVW) and those areas approved under this filing shall be
established from the edge of the adjacent wetland resource area. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive these
setbacks as established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local
Regulations).
23. 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.
24. The owners of the project and their successors in title, in the event they proceed to alter areas
subject to the Commissions jurisdiction under the order, agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By acceptance
of this Order, the owners agree to indemnify and hold harmless to the Town and its
residents for any damage attributable to alterations undertaken on this property pursuant to
the Order. Maintenance of the drainage system, if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
25. 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
26. 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.
27. 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
C:\Winword\OOC/233JohnsonStreetdoe 3 NACC 11/15/2007
DEP FILE #242 - 1415
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
28. 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.
29. A sign shall be displayed at a visible street location not less than two square feet or more
than three square feet in size bearing the words"MA DEP,File # 242-1415."
30. 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 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.
31. 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.
32. Prior to any work commencing on site, the applicant shall submit to the NACC for approval,
a detailed construction sequence, including a dated timetable of the installation of
sedimentation /erosion control devices, removal of the existing spillway, reshaping,
construction of new spillway and restoration activities of the Bordering Vegetated Wetland
(BVW)•
33.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
C:\Winword\OOC/233JohnsonStreetdoc 4 NACC 11/15/2007
DEP FILE #242 - 1415
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.
34. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands,as well as in the resource area as shown on the approved
plan. Installation of the steel plate coffer dam and sand bags shall be installed in
accordance with the approved plan as part of the initial phase of repair. Additional erosion
control measures (i.e. filter fabric,jute matting) shall be placed and implemented as
necessary as described in the Notice of Intent or Site Contractor, Environmental Monitor,
and / or the Conservation Department. If necessary,hay bale or silt fence check dams or
other appropriate erosion control measures shall be implemented and installed immediately
downstream from the approved work. The erosion control barrier will be properly installed
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 immediately upon (within
24 hours) of the Commission's request.
35. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling,
a minimum of 5 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. All additional emergency
erosion controls shall be on site prior to the commencement of any work on site and will
be verified by the Conservation Department during the pre-construction meeting.
36. A check payable to the Town of North Andover shall be provided in the amount of$1000,
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 und
er the authorityof the local Bylaw.
Y
C:\Winword\OOC/233JohnsonStreetdoc 5 NACC 11/15/2007
DEP FILE # 242 - 1415
37. The applicant shall designate a Registered Professional Engineer or a Professional Wetland
Scientist as the project's 'Environmental Monitor'to oversee construction, any emergency
placement of controls and regular inspection or replacement of sedimentation control
devices. The name and phone number of the 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. The designated professional shall submit a letter on
company letterhead to the Conservation Department stating that they have been retained
as the project's Environmental Monitor. This will be reviewed and approved by the
NACC or agent. This person shall be given the authority to stop construction for erosion
control purposes.
38. ON EVERY MONDAY of each week,or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains unstable,
it is the applicant's responsibility to ensure that the Environmental Monitor (EM) monitor
the site and submit written reports to the Conservation Department.The EM shall certify
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 EM must visually inspect all 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 other water quality impacts. Monitoring reports
shall include what work has been done in or near resource areas,what work is anticipated
to be done over the next week,current condition of erosion controls;describe any erosion
repair and/or replacement;describe any erosion problems and mitigation measures
implemented.
39. 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 after to the closing of said land
transaction.
40. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Department prior to site preparation or construction and
shall arrange an on-site conference with Agent,the contractor,the engineer and/or
wetland scientist (if applicable) 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
C:\Winword\OOC/233JohnsonStreetdoc 6 NACC 11/15/2007
DEP FILE #242 - 1415
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the Conservation Department 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 for each pre-construction
meeting(e.g. 72 hours).
DURING CONSTRUCTION
53. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
54. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area. Soil stockpiles shall be live-loaded and taken offsite if stockpiles will
remain for more than 30 days.
55. Equipment shall not be staged overnight within 25-feet of a wetland resource area.
56. Upon removal of the existing spillway,the accumulated debris and sediment found
beneath it shall be removed and the area shall be properly graded and compacted with
glacial till to pre-existing elevations.
57. The accumulated sediment located at the bottom of the spillway acts as an organic matting
for which herbaceous wetland vegetation has grown in. This has changed the
characteristic of the pond located on the subject property.This sediment shall be
excavated to pre-existing elevations as shown on the approved plan.
58. The clump of multi-flora rose and oriental bittersweet located within the BVW near WF
A5 and A8 shall be removed and disposed of properly.These species have been listed as
'invasive' according to "Non-Native Species for Invasiveness in Massachusetts"list.
59. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated Environmental Monitor. This designee must be on-site at all times while
dewatering is occurring. De-watering activities shall be conducted as approved under this
filing unless otherwise directed by the Conservation Department or the Environmental
Monitor. Dewatering activities shall be monitored daily by the erosion control monitor to
ensure that sediment-laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act 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.
C:\Winword\OOC/233JohnsonStreetdoc 7 NACC 11/15/2007
DEP FILE #242 - 1415
60. The temporary wetland disturbed areas shall be loamed and seeded with a wet seed mix
in order to properly stabilize this area with indigenous herbaceous wetland species. All
other disturbed areas shall be loamed and seeded with a regular seed mix.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded,loamed and seeded prior to November 1st of each year. If this timeframe cannot be
met,the exposed areas shall be temporarily stabilized for the winter months with a layer
of mulch hay or other acceptable practices until climate conditions allow for seeding.
62. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to
an area outside of the buffer zone and wetland resource areas; erosion control devices shall
be replaced as necessary. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall remain in place throughout the
duration of any construction on site.
63. The Environmental Monitor shall be on site during all construction activities to ensure
that work is being performed in compliance with this Order.The monitor must visually
inspect any erosion control measures and assume responsibility for their maintenance and
that they are functioning as intended. In addition,all wetland resource areas beyond the
approved limit of work shall be visually inspected for siltation,turbidity,and other water
quality impacts. This should be noted in the weekly monitoring reports.
64. The Environmental Monitor shall be on site during and/or following a major storm event
of 0.5 inch of rain or greater to ensure that soils remain stable,erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
65. 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.
66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized with either clean stone riprap,jute
mat or other approvable stabilization methods.
67. Water quality down gradient shall not differ significantly following completion of the
project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
69. 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
C:\Winword\OOC/233JohnsonStreetdoc 8 NACC 11/15/2007
DEP FILE #242 - 1415
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 dumP sters
will be allowed within 50' of areas subject to protection under the Act or local Bylaw.
70. 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
71. The approved access area along the earthen berm between the two (2) ponds shall remain
free of trees and saplings in order to gain access to the spillway for maintenance purposes
and to ensure the integrity of the new spillway. This condition shall remain in perpetuity.
72. The spillway shall be free of debris and sediment. Regular maintenance shall be
conducted on an as-needed basis to ensure that it is functioning properly and does not
become a barrier to the wildlife in the area.
73. 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 Towns Wetland Protection Bylaw and shall remain in perpetuity.
74. 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.
75. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
76. 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.
C:\Winword\OOC/233JohnsonStreetdoc 9 NACC 11/15/2007
DEP FILE #242 - 1415
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 or Registered
Professional Land Surveyor) of the Commonwealth certifying that the work has been
conducted as shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer or Registered Professional Land Surveyor) of the Commonwealth, for
the public record. This plan will include:
➢ "As-Built" post-development water elevations at the inlet to the spillway.
➢ "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 anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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 this filing. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw (Condition#34);
➢ Discharge or spillage of pollutants (Condition#70);
C:\Winword\OOC/233JohnsonStreetdoc 10 NACC 11/15/2007
DEP FILE #242 - 1415
➢ The earthen berm between the two pond shall remain free of trees and saplings in
order to gain access to the spillway for maintenance purposes (Condition#71);
➢ Regular maintenance of the spillway to ensure its functionality (Condition#72);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition#74).
C:\Winword\OOC/233JohnsonStreetdoc 11 NACC 11/15/2007
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special II it A7
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of lbsudhce
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2. Numbet of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, ' t filing electr nically, and th p perry owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
1 yIUfl✓�b� a �
On this Day Of Month Year
Before me, the undersigned Notary Public, '<� ma's n2
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
NOTARY PUBUC Signature of Notary Public
)T.'TALTH OF MASSACHUSETTS
{1.r-xplres AGj 7.Z)09 DDh11!q a,
Printed Name of7>1009
ary Public
Place nota seal and/or an stamp above 7
notary Y p
My Com issio Expires(Date)
This Order Is Issued to the applicant as follows:
❑ by hand delivery on M by certified mail, return receipt requested, on
I/fi ,!�-l6 7
Date Date
wpaform5.doc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands
Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1415
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of 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
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
233 Johnson Street 242-1415
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpafcrm5.doc- rev.3/1/05 Page 9 of 9
DEP FILE #242 - 1415
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20__, I inspected said property together with any and all improvements,which
have been made to the same and hereby certify that each and every condition set
forth in the Order of Conditions are presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the Order
of Conditions.
Signed under the pain and penalties of e 7this day of 20
(Authorized agent of applicant or owner)
C:\Winword\OOC/233JohnsonStreetdoc 12 NACC 11/15/2007