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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Greater Lawrence Sanitary District (GLSD) Solar Collector and Gas Connection
Project
Charles Street, North Andover
At the September 9, 2009 public hearing, the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for the installation of ground-based solar
collectors in two locations at the Waste Water Treatment Plant's (WWTP) owned by GLSD and the
installation of connections to existing gas and waterlines within an existing access road also at the
WWTP. This work will be conducted in the Buffer Zone to Bordering Vegetated Wetland (BVW).
The majority of the work is within existing maintained lawn and field areas.
Applicant: Greater Lawrence Sanitary District
.240 Charles Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability (Inc.:WPA Form 1,
NACC Filing Dated: August 28,2009,Work Description,pages 1
and 2, and site photographs)
Record Plans: Site Plan, Greater Lawrence Sanitary District, Solar Photovoltaic
Systems Contract 2009—1,Energy Efficiency Upgrade Projects 2009
-2 (1 Sheet)
Dated: August 28, 2009
Pre-Construction
The work authorized hereunder shall be completed by December 31,2010.
A row of staked hay bales backed by trenched siltation fence(or other approved erosion control)
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. Erosion
controls shall be inspected and approved by the NACC or its agent prior to the start of
construction and shall remain intact until all disturbed areas have been permanently stabilized to
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/N Andover14L3_Conservation/index
prevent erosion. All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC. Should additional
measures be required by the NACC, they shall be installed within 48 hours of the Commission's
request.
❖ Prior to the start of construction, the applicant shall contact the Conservation Department to
schedule a reconstruction meeting with the applicant and d the contractor..
g
PP
❖ Excess material and construction debris shall be properly disposed of off site and no stockpiled
material shall be stored within the 100-foot Buffer Zone.
Post Construction
❖ Immediately following completion of the work, any disturbed areas shall be permanently
stabilized against erosion. If weather conditions do not permit the establishment of vegetative
cover through seeding,jute matting or other stabilization material shall be used.
❖ Once the site is adequately stabilized, the Conservation Department shall be contacted to
conduct a final site inspection.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverNIA_Conservation/index
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner
your cursor- p y (if different from applicant):
do not use the Greater Lawrence Sanitary District
return key. Name Name
240 Charles Street
r� Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
nman
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plan-solar photovoltaic systems and energy efficiency upgrade August 28, 2009
projects. Date
Title Date
Title Date
2. Date Request Filed:
8/2809
B. Determination
Pursuant to'the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability,with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
installation of ground mounted solar array panels and connection to existing gas and water lines
within the Buffer Zone to a Bordering Vegetated Wetland.
Project Location:
240 Charles Street North Andover
Street Address City/Town
Map 72 Parcel 14
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 -Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of SimplifiedReview ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid,
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc-Determination of Applicability•rev.10/6/04
Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels,and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 27 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation -
C. Authorization
This Determination is issued to the applicant and delivered as follows:
by hand delivery on ❑ by certified mail, return receipt requested on
9��� P
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office(see http://www.mass.gov/dep/abouttregion.findyour.htm)and the
property owner(if different from the applicant).
Signatures: :
Date
wpaform2.doc-Determination of Applicability•rev.10/6/04 - Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see hftp://www.mass..qov/dep/about/region.findvour.htm)to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee.Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
a
I�
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 5 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
A. Request Information
Important:
When filling out 1 Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
4:1
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount,payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed.To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass gov/der)/about/reaion/fiindvour htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she isnot the appellant.
wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.10/6/04 Page 2 of 2
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9-TS ACHUS�R
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Greater Lawrence Sanitary District Force Main Acoustic Sensor Re-wiring
Charles and Riverview Streets, North Andover
At the July 22, 2009 public hearing,the North Andover Conservation Commission (NACC) voted
to issue a Negative Determination of Applicability for the installation of direct burial wires between
the Waste Water Treatment Plant's (WW'FP) existing control conduit manholes and the existing
acoustic wireless radio system junction boxes within Riverfront Area and the Buffer Zone to
wetland resource areas including Bordering Vegetated Wetland (BVW).The majority of the work is
along the edge of roadway.
Applicant: Greater Lawrence Sanitary District
240 Charles Street
North Andover,MA 01845
Record Documents: Request for Determination of Applicability (Inc.:WPA Form 1,
NACC Filing:July 10, 2009,Work Description,pages 1 and 2)
Cover Letter from Richard S. Hogan, Executive Director, GLSD
Record Plans: Greater Lawrence Sanitary District, Force Main Acoustic Sensor Re-
Wiring,July 2009 (5 sheets depicting work areas#1 - #5)
GLSD, Final Direct Cable Routing, 6/18/09
Pre-Construction
❖ The work authorized hereunder shall be completed within one year from the date of this order.
❖ Erosion control has not been proposed in the record documents filed with the RDA.All erosion
prevention and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC. Should additional measures be required by the
NACC, they shall be installed within 48 hours of the Commission's request.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverlNlA_Conservation/index
T
Prior to the start of construction, the applicant shall contact the Conservation Department to
schedule a preconstruction meeting with the applicant and the contractor.
❖ Excess material and construction debris shall be properly disposed of off site and no stockpiled
material shall be stored overnight within the 100-foot Buffer Zone.
Post Construction
❖ Immediately following completion of the work, any disturbed areas shall be permanently
stabilized against erosion. If weather conditions do not permit the establishment of vegetative
cover through seeding,jute matting or other stabilization material shall be used.
❖ Once the site is adequately stabilized, the Conservation Department shall be contacted to
conduct a final site inspection.
1600 Osgood Street,Btulding 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMMA_Conservation/index
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):cursor-
do not use the Greater Lawrence Sanitary District
return key. Name
Name
240 Charles Street
VOAQ
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
return
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
RDA July 2009
Title Date
Greater Lawrence Sanitary District Force Main Acoustic Sensors Re- July 2009
Wiring Sheets 1-5 (Work Areas 1-5) Date
Title Date
2. Date Request Filed:
7/10/09
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Maintenance of acoustic sensors along prestressed concrete sewerage force main, and installation
of wiring between sensors within the Buffer Zone to a Bordering Vegetated Wetland and within
Riverfront
Project Location:
240 Charles Street North Andover
Street Address City/Town
Map 75 Parcel 3
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determinations is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate.Therefore,the resource area boundarinfirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and documents)is within an area subject to
protection under the Act and will remove, fill,dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s)and document(s)is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels,and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection Under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaformIdoc•Determination of Applicability-rev.10/6104 Page 3 of 5
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act.Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations,no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw -Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on [✓�`by certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state,or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office(see http://www.mass.aov/dep/abouttregion.findvour.htm)and the
property owner(if different from the applicant).
Signa res:
tir
�f 0 17
Date
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate.Department of Environmental
Protection Regional Office(see hftp://www.mass..qov/der)/about/region.findLour.htm)to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc•Determination of Applicability•rev.1016104 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number Fax Number(if applicable)
Project Location
reean
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability($100)
❑ Superseding Order of Resource Area Delineation($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.10/6/04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed.To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
http://www.mass.gov/deD/about/reaion/findvour.htm).
4. 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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6104 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1262
Ll 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 Greater Lawrence Sanitary District(GLSD)
computer, use Name
only the tab
key to move 240 Charles Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. Cityfrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Greater Lawrence Sanitary District
Name
8/25/04; amended 3/2/05 242-1262
Dated DEP File Number
3. The project site is located at:
240 Charles Street North Andover
Street Address Cityfrown
Map 75 Parcel 3
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Same
Property Owner(if different)
Essex North 9581 157
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
11/12/07
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.7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection
L7Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1262
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:
75
C. Authorization
Issued by:
North Andover A� 6107
Conservation Commission Date Is ante
This Certificate must be signe ajority of the Conservation Commission and a copy sent to the
applicant and appropriat P Regional Office(See Attachment).
Signatures:
III
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B -- Certificate of Compliance
242-1262
LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
A?VeM4-e'r 1-1,402
On this Day Of Month Year
before me, the undersigned Notary Public, personally appeared
5G M.0,6z -
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
City/Town
Signature of Notary Public
...rlrn�lww� oe� a. %t1ENK
QoM' Printed Name of Nota Public
NOTARY PUBUC
Notary
-""'6ALTH OF MASSACHUSETTS
Expires Aug.7.2009
My C n4ission Xxpires(Date)
Place notary seal and/or any stamp above
S ature of Notary Public
wpaform Sb.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1262
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:
240 Charles Street 242-1262
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
ILI Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
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
Chademont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale 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 New Bedford Rochester Wellfleet
Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham 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•DEP Addresses-rev.11/6/07 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions ti 242-1262
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 Richard Hogan Greater Lawrence Sanitary District( GLSD )
use the return a. First Name b.Last Name c.Company
key. 240 Charles Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
240 Charles Street North Andover
a.Street Address b.City/Town
Map 75 Lot 3
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)
c. Book d.Page
6/11/04 8/4/04 $ Jr-P
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Dalb of Issuance
a. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Greater Lawrence Sanitary District W W T P Improvements for CSO Abatement-Sheets 1-6
a. Plan Title
Wright-Pierce Engineers Paul F. Birkel, P. E. &Jefferey R. Pinnette, P. E.
b. Prepared By c.Signed and Stamped by
7/27/04 1"= 100' & 1"=40'
d. Final Revision Date e.Scale
Stormwater Management Plan June 2004
f.Additional Plan or Document Title g. Date
s. Total WPA Fee Paid: $250.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc- rev.8/11/04 Page 1 of 8
t f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1262
Massachusetts Wetlands 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. ® 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)
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.814104 Page 2 of 8
Massachusetts Department of Environmental Protection
LI
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ 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
Sq ft between 100-200 ft 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
lo. ❑ 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.cly nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes
a.square feet b.square feet a c/y nourishmt. d:Gy 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.8/4104 Page 3 of 8
p
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions 242-1262
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 242-1262
wpaform5.doc• rev.8/4/04 Page 4 of 8
Massachusetts Department of Environmental Protection DEP File Number:
�-- Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1262
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.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.8/4/04 Page 5 of 8
3 ,
DEP FILE #242 - 1262
Therefore, the North Andover Conservation Commission(hereafter the"NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all work
shall be performed in accordance with said conditions and with the Notice of Intent
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent,the
conditions shall control
GENERAL CONDITIONS
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).
C:\Winword\OOC/GLSD.doc 1 NACC 8/26/04
5
DEP FILE #242 - 1262
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.242-1262.
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 construction of several structural upgrades and
process improvements including the installation of stormwater management
controls and associated grading activities to an existing wastewater treatment
facility and buffer zone mitigation plantings within the buffer zone to a
bordering vegetated wetland.
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: Greater Lawrence Sanitary District(GLSD)
(Applicant) Richard Hogan
240 Charles Street
North Andover,MA 01845
NOI prepared by: ENSR
Brenda Bhatti
2 Technology Park Drive
Westford, MA 01886
In conjunction with: Wright-Pierce Engineers
99 Main Street
Topsham,ME 04086
Entitled: "Proposed facility Improvements Greater
Lawrence Sanitary District Wastewater
CAWinword\OOC/GLSD.doc 2 NACC 8/26/04
DEP FILE #242 - 1262
Treatment Facility North Andover,
Massachusetts"
Dated June 2004
Plans prepared by: Wright-Pierce Engineers
Entitled "Greater Lawrence Sanitary District
WWTP Improvements for CSO Abatement"-
Sheets 1-6.
Dated 6/10/04,last revision date 7/27/04
Signed & Stamped by Paul Birkel,P.E. &
Jefferey R. Pinnette,P.E.
Stormwater Management
Plan prepared by: Wright-Pierce Engineers
Dated June 2004
Signed & Stamped by Paul Birkel,P.E. &
Jefferey R. Pinnette, P.E.
Other Record Documents: Drainage Calculations prepared by Wright-
Pierce Engineers, dated July 26/27,2004;
Stormwater Management Review letter from
Eggleston Environmental dated July 9,2004;
Wright-Pierce Stormwater Management
Response letter dated July 27,2004;
Stormwater Management Review letter from
Eggleston Environmental dated August 4,2004.
30. 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.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
32. 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 in those
locations as 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
CAWinword\OOC/GLSD.doc 3 NACC 8/26/04
DEP FILE #242 - 1262
vegetation is permitted in the No-Disturbance zone. (See Section 3.4&Appendix F of
the local Regulations).
33. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
post development watershed boundaries as currently depicted in the Notice of
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
34. 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.
35. 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.
36. The NACC finds that the applicant responsible for wetland buffer zone
mitigation plantings for those areas which do not meet the 50-foot No-build and
the 25-Foot No-Disturbance zone setbacks. A Wetland Restoration Report and
Plan shall be submitted to the NACC for review and approval by the
Conservation Administrator prior to any construction activities. Buffer zone
mitigation areas shall be constructed/planted prior to other construction activity
on site and this sequence shall be reflected in the construction sequence (Refer to
Section 5.3 (page 28) of the local Regulations for performance standards) unless
otherwise authorized by the Conservation Administrator. In addition, a qualified
wetland specialist shall monitor and submit reports for the buffer zone mitigation
areas for two complete growing seasons.
37. 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.
C:\Winword\OOC/GLSD.doc 4 NACC 8/26/04
DEP FILE #242 - 1262
PRIOR TO CONSTRUCTION
38. 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.
39. 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.
40. 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 DEP,File Number 242-1262."
41. 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.
42. 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.
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DEP FILE #242 - 1262
43. 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.
44. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, details of the inlet and outlet protection shown for the 18-inch culvert in
the South drainage area.
45. The design capacity of the proposed Vortechnics unit is less than that of the 24-
inch culvert,therefore evidence shall be provided to the NACC for review and
approval that some mechanism for bypassing higher flows will be incorporated
within the system in order to prevent washout of accumulated sediments. The
applicant shall also submit to the NACC for review and approval,provisions for
access to the Vortechnics unit for inspections and maintenance purposes. These
documents shall be submitted prior to any work commencing on site.
46. 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.
47. 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 Commissions request.
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DEP FILE #242 - 1262
48. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 25 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.
49. A check payable to the Town of North Andover shall be provided in the amount of
$3000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on
the completion of all conditions hereof, shall be signed by a party or parties satisfactory
to the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provisions, satisfactory to the NACC, have been made for performance of
any conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
50. The applicant shall designate a 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 writing by the hired professional 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.
51. 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
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DEP FILE #242 - 1262
referenced herein and shall be provided to the Conservation Department at least five
(5) business days prior to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,
the contractor,the engineer,wetland scientist and the applicant to ensure that all of
the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work proposed
and shall supersede any conflicting contract requirements. The applicant shall assure
that all contractors, subcontractors and other personnel performing the permitted work
are fully aware of the permit's terms and conditions. Thereafter, the contractor will be
held jointly liable for any violation of this Order of Conditions resulting from failure to
comply with its conditions. The applicant or contractor shall notify the NACC in
writing of the identity of the on-site construction supervisor hired to coordinate
construction and to ensure compliance with this Order. A reasonable period of time
shall be provided as notice of the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
53. All Construction and post construction stormwater management shall be conducted in
accordance. with supporting documents submitted with the Notice of Intent, Department of
Environmental Protection, and Stormwater Management Policy and as approved by the NACC
in the Order of Conditions.
54. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
post development watershed boundaries as currently depicted in the Notice of Intent
and approved by this Order of Conditions, unless specifically approved in writing by
the Commission.
55. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and incorporated
in the Order of Conditions. Written evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a Registered
Professional Civil Engineer.
56. Water quality in down gradient BVW's 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.
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DEP FILE #242 - 1262
57. The applicants, owners, and their ,successors and assignees, shall maintain all
culverts, collections basins, traps, outlet'structures, subsurface storage areas, and other
elements of the drainage system, unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation which might cause failure of the
system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site,.
DURING CONSTRUCTION
58. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
59. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order,even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
60. 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.
61. 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.
62. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
63. 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.
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DEP FILE #242 - 1262
64. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
65. After proper grading, all disturbed areas located within a resource area,which will
not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and
seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas
located within wetland resource areas which are to be only temporarily disturbed
during construction, shall be restored to their original grade,soil profile and vegetative
cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of
quality loam.
66. Washings from concrete trucks, or surplus concrete,shall not be directed to, any
drainage system, or wetland resource area.
67. 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.
68. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
69. 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
70. 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.
71. 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
C:\Winword\OOC/GLSD.doc 10 NACC 8/26/04
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DEP FILE #242 - 1262
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.
72. 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.
73. 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.
74. 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(and/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 (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
➢ "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.
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DEP FILE #242 - 1262
➢ 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 any disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
75. 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# 242-1262. 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;
➢ Maintenance of catch basins (Condition#59);
➢ Discharge or spillage of pollutants (Condition# 69);
➢ Prohibition of underground fuels (Condition#70);
➢ Limitations on the use of fertilizers,herbicides,and pesticides
(Conditions #71).
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DEP FILE #242 - 1262
APPENDIX A-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. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC/GLSD.doc 13 NACC 8/26/04
L11Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 Order of Conditions 242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
2. ❑ 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.
s. ® 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
E. Issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions 4, fr m the date of issuance.
1. Date of issuance
Please indicate the number of members who will sign this form: �f
This Order must be signed by a majority of the Conservation Commission. 2.Number 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, if not filing electronically (see Appendix d the property
owner, if different from applicant.
Signa t res:
F' S
vvpaform5.doc• rev.8/4!04 Page 6 of 8
� r
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
� - .1001VOn this Day of MonthJ Year
Before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
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
City/Town
L2Z��'
ignature of Notary Public
,DOOR I
Printed Name of Notary Public
�:_ - ,)ONNA M.WEDGE
Place notary seal and/or any stamp above PUC
My Com _ 06% OF �pp9
This Order is issued to the applicant as follows:
by hand delivery on ❑ by certified mail, return receipt requested,on
01
Date I I Date
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 Appendix E: 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.
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.
wpaform5.doc- rev.8/4/04 Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions - 242-1262
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:
242-1262
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 I
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
wpaform5.doc• rev.8/4/04 Page 8 of 8
Massachusetts Department of Environmental Protection DEP File Number / f
Bureau of Resource Protection— Wetlands AMENDED
242-952
WPA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 Protection Bylaw.
Applicant Information
From: The Notice of intent for this project was filed on:
NORTH ANDOVER March 2, 1999
CwM-V5dooCcmm1531017 Date
For: The public hearing was closed on:
242-952, June 16, 1999
ftea file Number Date
To:
Title and Date of final Plans and Other Documents:
Richard Hogan
Appliprx Name
Please see attached condition #28.
240 Charles Street
MadingAddrass Also refer to attached Amendment
North Andover, MA 01845
CDocument.
ity/Town
state Lp Code
The project site is located at:
NORTH ANDOVER (240 CHARLES ST)
Cty75 1
AZeSSOrs hlatvPlat f ParcefAol Y
and the property is recorded at the Registry of Deeds for:
N/A
Ccunly Book Page
Cetifiete(if 2 iuerel fand)
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 the following conditions which are necessary, in accordance
area in which work is proposed is significaraf to the fallowing 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
Z Public NNotice of Intent referenced above,the
Water Supply accordance with the
Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
C� Flood Control following conditions modify or differ from the plans,
Land Containing Shellfish specifications,or other proposals submitted with the Notice
L Fisheries of Intent, these conditions shall control.
C Storm Damage Prevention
X Prevention of Pollution
Protection of Wildlife Habitat
Greater Lawrence Sanitary District-Biosolids Improvement Project
Amendment to Order of Conditions-DEP#242-952
On October 6, 1999,the North Andover Conservation Commission(NACC)voted
unanimously to incorporate the following amendments into the above referenced Order of
Conditions:
Condition#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 No Disturbance Zone will be established
as shown on the plan entitled"Resource Area and Vegetation
Management Plan" (Sheet No. V-1) dated April 1999. In roadway
areas,the edge of the No Disturbance Zone will generally parallel
the edge of road and allow for a roadway shoulder with a width of
four to five feet. This roadway shoulder will be mowed regularly
to maintain driver sight lines; during winter months,the roadway
shoulder will also be used for snow removal. In non-roadway
areas,the No Disturbance Zone will generally extend to 25' from
the edge of the wetlands resource area, with allowances for
existing roadways and structures as shown on Sheet No. V-1.
Additionally, a 22' No Construction Zone shall be established from
the edge of wetland resource areas except as follows: as
referenced on the Plan of Record dated February of 1999. The
Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established by the
North Andover Wetlands Protection Bylaw. No disturbance of
existing grade, soils, or vegetation is permitted in the No
Disturbance Zone, except to complete wetlands replication and
associated maintenance activities as described under condition#36
of this Order.
Condition 448: The applicant shall designate a Professional Wetlands Scientist or
Registered Professional Engineer(P.E.) as an"Erosion Control
Monitor"to oversee any emergency.................
Condition#52; All new catch basins proposed and approved under this project
shall contain oil/gasoline traps.........................
Condition#55 No exposed area shall remain unstabilized and/or unfinished for
more than 30 days,unless approved by the NACC.
Condition#64 All stormwater Best Management Practices shall be maintained as
specified in the Stormwater Operation and Maintenance Plan
(which is subject to review and ..........................
Condition#66 Water quality in down gradient BVW's shall not differ following
completion of the project from the pre-development conditions.
There shall be no sedimentation into wetlands or water bodies from
stormwater discharge pipes or surface leaving the project site.
Condition#67 ................and shall maintain the integrity of the vegetative
cover within the proposed project area upon completion of project
construction.
Condition#68 No underground storage of fuel oils shall be allowed on any lot
within 100 feet of any Bordering Vegetated Wetland(BVW).
Condition#69 Fertilizers used for landscaping and lawn care shall be slow
release, low nitrogen types (<5%), and shall not be used within 25'
of a Bordering Vegetated Wetland(BVW). Pesticides and
herbicides shall not be used within 100' of a Bordering Vegetated
Wetland (BVW).....................
Condition#70 Chemical treatment of the roads for snow removal shall be limited
to low salt mixtures or other chemicals that are suitable for use in
areas adjacent to sensitive or wetland resource areas. Snow
removal activities shall be limited to a four to five foot roadway
shoulder as described under condition#31 of this Order.
Permanent signs designating"Low Salt Zone" shall be displayed in
prominent locations and are subject to review and subsequent
approval by the NACC or an Agent thereof.
Condition#72 d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance
indicating that they have read and understood the recorded Order
of Conditions prior to purchasing their property if applicable.
Condition#73 Modification to first bullet:
A No Disturbance Zone and No Construction Zone shall be
established as described in condition#31 of this Order. 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. No
disturbance of existing grade, soils, or vegetation is permitted in
the No Disturbance Zone, except to complete wetlands replication
and associated maintenance activities as described under condition
#36 of this Order.
This Amendment is not effective unless or until evidence is provided to the NACC
documenting that the Department of Environmental Protection's appeal has been
dropped.
Massachusetts Depattment of Environmental Protection 242-952
Bureau of Resource Protection— Wetlands AMENDED
WIRIA. Farm 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §4O Protection Bylaw.
Findings (cont.)
This Order is valid for threeears unless otherwise specified y p On this
as a special condition pursuant to General Conditions#4, 7 th_
from the date of issuance.
July 7, 1999 day of
J-u.ly
Dae
Morph
This Order must be signed by a majority of the conservation 1999
commission.The Order must be mailed by certified mail Year
(retum receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Albert P Manzi, Jr.
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
.,a
executed the same as his/her free act and deed.
{
NotarfPudic
December 11, 2003
My commission arpites
._l
This Order is issued to the applicant as folla_n s:
*Jve. (h ❑ by hand delivery on
Date
%X bye€ mail, on
November 18, 1999
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 yd this Order,or the Order which is being appealed and how the Order does not
any ten residents oE.the city or town in which such land is contribute to the protection of the interests identified in the
notified f their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40
located,are hereby o g q
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations 310 CMR
r' based on a municipal
the order�s
Office to issue a Superseding Order of Conditions.The request 10.00).To
the extent thatP
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.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands AMENDED 242-952
PA Form 5 - order of Conditions
and North Andovgr Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw.
EFRecording 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
Canservarion 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:
Cofw icn Commission
Please be advised that the Order of Conditions for the project
at
Projea 1 caion DEP File Number
has been recorded at the Registry of Deeds of
Ccusry
and has been noted in the chain of title of the affected property
in
Book
Pace
in accordance with the Order of Conditions issued on
care
If recorded land,the instrument number whish identifies this
transaction is
Insnume^t Number
If registered land,the document number which identifies this
transaction is
Doarme.,„umber
Sgr Ura of Appiicard
n..,-.. c v c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-952
AMENDED
A Appendix E - Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or parry 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
Maiiino Address
Mailing Address
Gry/7own
CitylTown
Stare Zip Code
state Zip Code
Phorz Number
Phone Number
fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
Str,V Address
CirylTown
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.
Massachusetts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection- Wetlands
242-952
WPA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER March 2, 1999
Consavanon Commiss on Cate a
For: The public hearing was closed on:
242-952 June 16, 1999
protea File,Numne- Date
To:
Title and Date of final Plans and Other Documents:
Richard Hogan
Applicaa Name �Q Q L S a#1.�
240 Charles Street
Madirrg Address !'1
North Andover, MA 01845
City/Tawn
Stare Zip Code
The project site is located at:
240 Charles Street
City Town
/5 1
ssessc s MaoiP!at Parcel/Lot d
and the property is recorded at the Registry of Deeds for:
N/A
Coua� Book Page
CaT;6are(ifreiste7ed land)
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 /the following conditions which are necessary,in accordance
with the performance standards set forth in the wetlands
area in which work is proposed is significant to the following
regulations,to protect those interests checked above. This
interests of the Wetlands Protection Act(check all that apply):
Commission orders that all the work shall be performed in
I u lic Water Supply accordance with the Notice of Intent referenced above,the
C ate Water Supply following General Conditions,and any other special
roundwater Su PP
y
( conditions attached to this Order.To the extent that the
flood Control following conditions modify or differ from the plans,
L� Containing Shellfish specifications,or other proposals submitted with the Notice
%).'r,
of Intent,these conditions shall control.
eriesm Damage Prevention
ention of Pollution
Protect cn of Wildlife Habitat
Massachusetts Department of Environnwntal Protection
Bureau of Resource Protection- Wetlands 242-952
WPA Form 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 731, §40
Protection Bylaw.
Findings (cont.)
debris, including but not limited to lumber,bricks,plaster,
Denied because: wire, lath, paper,cardboard,pipe,tires,ashes, refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become finpl 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, "MA DEP"] "File Number
exclusive privileges; it does not authorize any injury to 242-952
private property or invasion of private rights.
Project File Numtra
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. -
- I Asoli
5. This Order may be extended by the issuing authority for T//e rV e
one or more periods of up to three years each upon ca�i2i___ f
application to the issuing authority at least 30 days prior to Da ed
the expiration date of the Order.
6. Any fill used in connection with this project shall be clean si andsrampeda
ill. Any fill shall contain no trash, refuse, rubbish, or r-0_ " ""overt=;:),
on file with
• Massachusetts Department of Environmentai Protection
Bureau of Resource Protection- Wetlands 242-952
WPA FWEEorm 5 - Orden of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 931, §40 Protection Bylaw.
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
erough to require the filing of a new Notice of Intent. conserwoon Commission
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. Name and dationolmunicipal'law,bylaw,or ordinance
Therefore,work on this project may not go forward unless
15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- /that
ndards,and a final Order of Conditions is issued.
ing work conditioned by this Order.
the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law, bylaw,or ordinance,specifi-
adjacent to a Bordering Vegetated Wetiand,the boundary of tally
the wetland in the vicinity of the proposed work area shall ,/�
be marked by wooden stakes or flagging. Once in place, C D 0 C de i rdi *'X_
the wetland boundary markers shall serve as the limit of Name and Uranonofmuni slaw,bylaw,crordinance
work(unless another limit of work line has been noted in
the plans of record)and bei maintained until a Certificate of
Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed
in accordance with the said additional conditions and with
sion. the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intent,the conditions shall control.
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
erosion controls on a daily basis and shall remove Additional conditions relating to municipal law,bylaw,or
accumulated sediments as needed. The applicant shall ordinance:
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 �.� ► (/YI S
erosion and/or damage prevention controls it may deem
necessary.
Special Conditions(Use additional paper if necessary)
DEP FILE#242-952
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC, orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
GENERAL CONDITIONS
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 Vlll
(B)(p.33) 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.
CAWinword\00C\242952.doc 1 NACC 1/8/99
DEP FILE#242-952
24.Where the Department of Environmental Protection (DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
P 9
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: construction of a new digester building,
three new digesters, a new biofilter for odor control and a new thermal
drying facility with associated grading and utilities, re-paving, removal
of pavement, wetland replication and restoration (enhancement)within
the Buffer Zone to a BVW. This is a re-development project.
28.The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Applicant: G.L.S,D c/o Richard Hogan, 240 Charles ST.
Notice of Intent filed by: Camp Dresser &McKee, Inc. dated March 2, 1999.
Site Plans prepared by: Existing Conditions-Biosolids Improvement Project
C-1 through C40(sheets)
February, 1999 prepared by Michael Walsh, P.E. of
Camp Dresser&McKee
Grading and Landscaping Dated dune of 1999,Camp Dresser&McKee, Inc.
Plan prepared by:
Vegetation Management Camp Dresser&McKee, Inc. (2 documents)
Plan and Wetland
Replication Plan prepared
By. Plans Entitled"Resource Area and
Vegetation Management Plan"dated April of 1999.
CAWinword\00C\242952.doc 2 NACC 718199
DEP FILE#242-952
29.The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetlands (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.
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 to be re-established (there is
currently no "NO DISTURBANCE ZONE") and a twenty-two foot(22`) No-
Construction Zone shall be established from the edge of the adjacent
wetland resource area except as follows: as referenced on Plan of
Record dated February of 1999. 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.
32.There shall be no increase in the post development discharges from the
storm drainage system or any other changes in post development conditions
that alter the post development watershed boundaries as currently depicted
in the Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
33.This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
CAWinword\00C\242952.doc 3 NACC 7/8/99
DEP FILE #242 -952
34.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and
its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any
way imply or certify that the site or downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
35.The NACC finds the applicant's proposal for 400sq. ft. of wetland replication
to be adequate. The replication areas shall be constructed prior to other
construction activity on site and this sequence shall be reflected in the
construction sequence. (Refer to Section III(E)(4)(page 18) of the local
Regulations for performance standards).
36.The Vegetation Management Plan shall be amended to incorporate the
following: "Cutting of vegetation will be minimized in several areas throughout
the site as depicted on sheet V-9. These areas will be allowed to re-vegetate
naturally and will be cut back annually at the end of the growing season
(Specifically early November)to keep the area free of woody vegetation
and maintained as grassy/meadow areas. The Wetland Replication Plan
shall be amended to incorporate the following: "Four songbird boxes shall
be installed in the area of replication/restoration. Said bird boxes shall
be approved by the NACC or agent thereof prior to installation."
37.Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, stone damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
38.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.
CAWinword\00C\242952.doc 4 NACC 7/8/99
DEP FILE #242 -952
39.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.
40.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 242-952.
Expiration date=-----"
41.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.
42.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.
43.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.
CAWinwoxd\00C\242952.doc 5 NACC 7/8/99
DEP FILE #242-952
44.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.
45.A row of double 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.
46.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 75 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.
CAWinword\00C\242952.doc 6 NACC 7/8/99
DEP FILE #242 - 952
47.A check payable to the Town of North Andover shall be provided
by the selected general contractor in the amount of$16,200 ($15,000 for
facilities, $1,200 for replication-400s.f. X$3/s.f.)which shall be in all
respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and
shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned
on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of
continuing nature. The applicant may propose a monetary release schedule
keyed to completion of specific portions of the project for the NACC's review
and approval. This condition is issued under the authority of the local
ByLaw.
48.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
designated "Erosion Control Monitor" shall be approved by the NACC or
agent thereof prior to initiation of said role. 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.
CAWinword\00C\242952.doc 7 NACC 718199
DEP FILE #242-952
49.Prior to construction, the applicant shall permanently mark the edge of the
"25' No-Disturbance Zone" with signs or markers spaced evenly every
50 feet incorporating the following text: "Protected Wetland Resource
Area". This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents
to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant.
50.Once these above mentioned pre-construction requirements are
complete, the applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site conference
with an NACC representative, the contractor, the engineer, wetland
scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction
contracts, subcontracts, and specifications dealing with the work proposed
and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction
and to ensure compliance with this Order. A reasonable period of time shall
be provided as notice of the pre-construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
51.Upon beginning work, the applicant shall submit written progress reports
shall be submitted by the general contractor every month detailing what
work has been done in or near resource areas, and what work is anticipated
to be done over the next period. This will update the construction sequence.
52.All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for
Compliance.
CAWmword\00C\242952.doc 8 NACC 7/8/99
DEP FILE#242- 952
53.De-watering 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.
54.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.
55.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
56.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.
57.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
58.After proper grading, all disturbed areas located within a resource area which
will not remain as wetland areas, shall be Ioamed (minimum of 4" of quality
loam), and seeded. This shall all be done in accordance with SCS guidelines.
All disturbed areas located within wetland resource areas which are to be
only temporarily disturbed during construction, shall be restored to their
original grade, soil profile and vegetative cover. Soil used for this purpose
will either be wetlands topsoil or a minimum of 4" of quality loam.
59.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
60.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.
CAWinword\OOC\242952.doc 9 NACC 7/8/99
DEP FILE #242 -952
61.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
62.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.
STORMWATER MANAGEMENT CONDITIONS
63. All construction and post construction stormwater management shall be
conducted in accordance with supporting documents submitted with the Notice
of Intent, Department of Environmental Protection, and Stormwater Management
Policy and as approved by the NACC in the Order of Conditions.
64. All stormwater best management practices shall be maintained as specified
in the Operation and Maintenance Plan (which is subject to review and
subsequent approval by the NACC) and hereby incorporated in this Order of
Conditions. Evidence of maintenance of stormwater management systems shall
be provided to the NACC on an annual basis.
65. There shall be no increase in post development discharges from the storm
drainage system or any other changes in post development conditions that alter
the post development watershed boundaries as currently depicted in the Notice
of Intent and approved by this Order of Conditions, unless specifically approved
in writing by the NACC.
66. Water quality in down gradient BVW's shall not differ 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
leaving the site.
67. The applicants, owners, and their successors and assignees, shall maintain
all culverts, collection basins, traps, outlet structures, subsurface storage areas,
and other elements of the drainage system, unless put into an easement to the
Town of North Andover, in order to avoid blockages and siltation which might
cause failure of the system and/or detrimental impacts to on-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site.
C:\Winword\OOC\242952.doc 10 NACC 7/8/99
DEP FILE#242-952
AFTER CONSTRUCTION Will
68.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.
69.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen
ownitrogen types (< 5%), and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a
wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
70.No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate
due to the importance of the site and wetlands. Permanent signs
designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be
displayed in prominent locations and are subject to review and
subsequent approval by the NACC or agent thereof.
71.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.
CAWinword\OOC\242952.doc 11 NACC 7/8/99
DEP FILE #242 - 952
72.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 of all drainage &
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If portions of the
stormwater systems exist partially within the Buffer Zone than
the entire structure must be depicted to accurately verify
compliance.
➢ "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.
CAWinword\00C\242952.doc 12 NACC 7/8/99
DEP FILE #242- 952
73. 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-
952. 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,
➢ Maintenance of catch basins (Condition #52);
➢ Discharge or spillage of pollutants (Condition #62);
➢ Prohibition of underground fuels (Condition#68);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides(Conditions#69& 70).
C\Winword\OOC\242952.doc 13 NACC 7/8/99
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-952
WN"I Form 5 - Order of Conditions
; and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 737, §40 Protection Bylaw.
U. Findings (cont.
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 7th
from the date of issuance.
r
July 7, 1999 day of July
Dae
Month
1999
This Order must be signed by a majority of the conservation
ar
commission.The Order must be mailed by certified mail Y`
(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
time to the appropriate regional office of the Department of Albert P. Manzi, Jr.
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 Public
December 11, 2003
My commissionerpires
This Order is issued to the applicant as follows:
❑ by hand delivery on
/by
c`ed mail, r ieated,on
1 �
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.
n...... a „c c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-952
WD. Form 5 Order of Conditions
.� and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40
protection Bylaw.
LIJ 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
recordino 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:
Cans rvarion Commission
Please be advised that the Order of Conditions for the project
at
FYgiea 1ocaiton DEP File Number
has been recorded at the Registry of Deeds of
Caunry
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
Dere
If recorded land,the instrument number which identifies this
transaction is
Insoumern Numtrer
If recistered land,the document number which identifies this
transaction is
Cocume;t Numoer
Sig arvre otApplicant
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-952
WJA1% Appendix E - Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate, name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Dialling Address
MadingAddress
C;ry/Tcwn
Ciry!(own
Stare Zip Code
State Zip Code
Phone Number
Phone Numbe;
Fax Number(if aopiirable)
Fax Number(if applicable)
Project Location: DEP File Number:
Slra�Address
Cdy/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
C 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
1 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.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-952
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24
Provided
by DEP
A. Project Information
Important: 1. This Certificate of Compliance is issued to:
When filling out p
forms on the Greater Lawrence Sanitary District
computer, use
only the tab Name
key to move 240 Charles Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
18b 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Greater Lawrence Sanitary District
Name
6/16/99 242-952
Dated DEP File Number
3. The project site is located at:
240 Charles Street North Andover
Street Address Cityrrown
Map 75 Lot 1
Assessors Map/Plat Number Paroel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex 5694 268
County Book Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent, on:
2/25/03
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number
Ll WPA Form 8B Certificate of Compliance
952
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24Provvidedided
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 f=inal Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
73
C. Authorization
Issued by:
North Andover
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission an opy sent to the
applicant and appropriate DEP Regi al Office(See Appendix A).
Signatur s '' —4� 4111 e
�—
ILIA!
r
1 VUV' i
On / Of
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowlecjgpd that he/she executed the same as his/her free act and deed.
L-21'na- 'P7 �
Not ry Pubic My-commission a Aires
wpaform 8b.doc•rev.12/15/00 Page 2 of 3
y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
L11 WPA Form 8B — Certificate of Compliance
242-952
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:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this,transaction is:
If registered land, the document number which identifies this transaction is:,
Document Number
Signature of Applicant
wpaform 8b.doc•rev.12/15/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix A DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
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 Wrichendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisatt 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 Wel feet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax: 508-947-6557 Berkley East Bridgewater Hanson Morton 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 Marron Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Pbympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Mitis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsheld
wpaform8b.doc•Appendix A•rev.2/24/03 Page 1 of 1