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Home My WebLink AboutMiscellaneous - 284 SALEM STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1257 Provided by DEP A. Project Information Important: When filling out 1- This Certificate of Compliance is issued to: forms on the David W. Palmer computer, use Name only the tab key to move 284 Salem Street your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: David W. Palmer Name 7/14/04 242-1257 Dated DEP File Number 3. The project site is located at: 284 Salem Street North Andover Street Address City/Town Map 37D Parcel 39 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North Instrument#40792 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/6/06 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 Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of DEP File Number: (` Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1257 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 74 C. Authorization Issued by: North Andover 1 Ccrservaticn Ccmrrissi®n Date of issuabee This Certificate must be signed by a majority of the Conservation Commission and opy sent to the applicant and appropriate DEP Region I Office(See Attachment). Signatures: i II wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection L77 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1257 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this �h Of 0(4d Day Month Year before me, the undersigned Notary Public, personally appeared �pff- N e- Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown Signature of Notary Public DOW M.WEDGENOTARY PUBUC Printed Name of Notary Public COMMOWiIX OF MASSACHUSETTS My Comm.Expires Aug.7,2009 EMy Com ission xpires(Date) Place notary seal and/or any stamp above �`'1 2q — SidDature of Notary Public wpaform Sb.doc•rev.7/13104 Page 3 of 4 Massachusetts Department of Environmental Protection — Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 86 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1257 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: 242-1257 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.7/13104 Page 4 of 4 Massachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands DEP Re i �, g onal 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 Agawam Conwayancock Montague Plainfield Wales 436 Dwight Street y s 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 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 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 Gmveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses-rev.10/10/06 Page 1 of 1 4, Town of North Andover f NORTH Office of the Planning Department Community Development and Services Division r° 1 27 Charles Street " °* •-=�=-• 4 North Andover,Massachusetts 01845 'ss„C,,stt Telephone(978)688-9535 Town Planner Fax(978)688-9542 Nonce Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town � Clerk , Date: September 22,2004--.- - Date of Hearing: September_7, 2004 Decision: September 21, 2004 Petition of David Palmer,284 Salem Street,North Andover,MA 01845 Premises Affected: 284 Salem Street,North Andover, MA 01845 Referring to the above petition for a Watershed Special Permit. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. Chapter 40-A,sec 11 So as to allow: The re-permitting of reconstruction of a driveway, installation of a storm water management system,reconstruction of an existing deck and landscaping activities on the site located within the Non-Discharge and Non-Discharge Zones of the Watershed Protection District. After a public hearing given on the above date,the PlanninBoard voted to APPRO , the Watershed Special Permit,based upon the following co, o 'tions: X < l Sign d: Alberto Angles, ChArman Cc: Applicant George White,Vice Chairman Engineer Felipe Schwarz,Clerk Abutters John Simons DPW James Phinney Building Department Conservation Department Health Department ZBA BOARD OF APPEAf S 688-9541. BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 284 Salem Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of David Palmer, filed on July 19,2004. The area affected is located at 284 Salem Street in the R-3 Zoning District, Map 37D, Lot 39. The lot was created in 1984 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the re-permitting of reconstruction of a driveway, installation of a stormwater management system, reconstruction of an existing deck and landscaping activities on the site. Proposed activities will be located within the Non-Disturbance and Non-Discharge Zones of the Watershed Protection District.Public hearings were held on September 7,2004. History: The project was previously approved by the North Andover Planning Board, decision dated December 19, 2001. Activities did not commence within the 2 year permit period,therefore,the applicant re-filed the project with minor changes. FINDINGS OF FACT: In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: I. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The structure is tied into public sewer. b) A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the structure and appurtenances. All activities will be conducted in previously disturbed areas. e) Buffer zone restoration plantings will be conducted on the property, as required by the North Andover Conservation Commission. 2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone, for any discharge, structure or activity,associated with the proposed project. 3. In accordance with Section 10.31 ofthe North Andover Zoning Bylaw,the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the use is accessory to an existing single family; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for.the proper operation of the proposed use; stormwater mitigation structures will be installed on site and maintained in perpetuity, e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw, Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: 2)SPECIAL CONDITIONS: a) This Special Permit is being issued for the proposed activities submitted with this filing only. b) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: • Town of North Andover Planning Board Application for Watershed Special Permit filed by David Palmer,284 Salem Street,North Andover,MA; • Drainage Calculations for Residential Landscaping Improvements at 284 Salem Street, North Andover, MA, prepared by McKenzie Engineering Group,Inc. dated May 21,2004; • Plans entitled: Plan to Accom any Notice of Intent, Sheets 1-2, prepared by McKenzie Engineering Group,Inc.,dated March 24,2004,revised August 17,2004; d) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. e) Stormwater management structures must be maintained in perpetuity by the homeowners and in accordance to the maintenance schedule outlined on Sheet 2 of the record plans. 3 PRIOR TO ANY WORK ON SITE: a) A performance guarantee of two thousand dollars ($1,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. c) Erosion controls as shown on the referenced plan must be installed and must be reviewed and approved by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) Wetland resource area boundary flags must be in place and reviewed by the Town Planner. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Only organic or slow release lawn or garden products shall be used in lawn care or maintenance within 325' of Lake Cochchewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction,and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. b) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must delivered to the Planning Department. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a written stamped and signed,certification letter from the design engineer stating that the site was constructed in accordance with the approved plan, in additionto certification that the drainage structures have been properly installed. Any and all changes from the original plans must be clearly identified in the letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition 4e. a. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9)The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10 ) This Special Permit approval shall be deemed to have lapsed September 21, 2006 (two years from the date of issuance)exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two year period. Substantial use or construction will be determined by a majority vote of the Planning Board. cc: Applicant Engineer File Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1257 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 David Palmer use the return a. First Name b.Last Name c.Company key. 284 Salem 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: 284 Salem Street North Andover a.Street Address b.City/Town Map 37D Lot 39 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) 5808 313 c. Book d.Page 5/28/04 6/23/04 7/14/04 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approv2d Plans and Other Documents(attach additional plan or document references as needed): Plan to Accompany Notice of Intent-(Sheet 1)/Construction Details(Sheet 2). _ a. Plan Title Bradley C. McKenzie Bradley C. McKenzie, P. E. b. Prepared By c.Signed and Stamped by 6/1/04 1" = 10" d. Final Revision Date e.Scale See attached f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $82.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.7/14104 Page 1 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1257 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. Z 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.6/9/04 Page 2 of 8 t s Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1257 Massachusetts Wetlands Protection Act M.G.L. c. 931, §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 2, 994 2,994 a.total sq.feet b.total sq.feet Sq ft within 100 ft 1, 817 1,817 c.square feet d.square feet Sq ft between 100-200 ft 1, 777 1,777 e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ 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.Uy nourishmt. d.cty nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.cty nourishmt. d.cty nourishmt 14. ❑ Coastal Banks a. linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet C.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc- rev.7114104 Page 3 of 8 T - Massachusetts Department of Environmental Protection l � Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1257 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, piaster, 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 242-1257 wpaform5.doc• rev.7114104 Page 4 of 8 Massachusetts Department of Environmental Protection L11 Bureau of Resource Protection -WetlandsDEP File Number: WPA Form 5 - Order of Conditions 242-1257 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.7/14/04 Page 5 of 8 Y DEP FILE#242 - 1257 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions.modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19.This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements,photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended 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\242-1257284Salem$Ldoc 1 NACC 7/22/04 i t DEP FILE #242- 1257 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. 242-1257. A previous Order of Conditions was issued under 242-1105 and was still valid upon issuance of this Order. However,issuance of this Order Supercedes 242- 1105 in its entirety. 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 a revised driveway layout, stormwater infiltration system,deck layout,fence location,front walkway and the construction of a rear walkway,versalock retaining wall, associated grading and landscaping,and a buffer zone enhancement area within the buffer zone to a bordering vegetated wetland and within Riverfront area. Proposed activities are also within the Watershed Protection District. THE NORTH ANDOVER CONSERVATION COMMISSION DENIES THE FOLLOWING PROPOSED WORK: • The Extension of the Brick Pavers to provide snow Storage area as depicted on the Plan entitled"FIGURE-1-Sketch Showing Brick Pavers Extended(to) Proposed Wall to Provide a Snow Storage Area", No date. C:\Winword\OOC\242-1257284SalemsLdoc 2 NACC 7126/04 DEP FILE #242- 1257 29. The work shall conform to the following (except as noted in the remainder of this document where revisions s ons ma be required): Y � )• Notice of Intent filed by: David Palmer(Applicant) 284 Salem Street North Andover,MA 01845 Prepared by: Rimmer Environmental Consulting,LLC 21 Pine Island Road Newbury,MA 01951 Dated May 28,2004 Site Plans prepared by: McKersie Engineering Group,Inc. 196 Central Street Saugus,MA 01906 Entitled "Plan to Accompany Notice of Intent"- Sheet 1,Dated March 24,2004,last revised 4W &"Construction Details"- Sheet 2,Dated August 12,2003 Supplemental Notice of Intent Information: Appendix 2- North Andover Conservation Commission Waiver Request Form; Alternatives Analysis for No-Disturbance/No- Build Zones and Riverfront Area Additional Documents and Reports: Drainage Calculations for Residential Landscaping Improvements at 284 Salem Street North Andover, Massachusetts,dated June 1, 2004,prepared by McKersie Engineering Group, Inc.; "Figure 1 Sketch showing Test Pit Locations" with data sheets,prepared by McKensie Engineering Group,Inc.; Division of Fisheries &Wildlife letter dated June 23,2004. 30. The following wetland resource areas are affected by the proposed work. 100-foot Buffer Zone,50-foot No-Build Zone,25-foot No Disturbance Zone of a Bordering Vegetated Wetland(BVW),100-foot Buffer Zone of Inland Bank, and 200-foot Riverfront area. 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. C:\Winword\OOC\242-1257284SalemsLdoc 3 HACC 7/22/04 DEP FILE#242 - 1257 31. The NACC agrees with the applicants 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 (251 No-Disturbance Zone and a fifty foot(5(') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those approved locations as depicted on the plan and specified in this Order. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. As shown on the record plans and specified in the table entitled "Proposed Buffer Zone enhancement Plantings",shrubs shall be planted along the wetland edge and within the 25-foot No-Disturbance Zone as part of the buffer zone restoration plan. 34. 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. 35. 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. 36. 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 g P Pert3' Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to floodin& damage a or g an other form of water damage. Maintenance of the drainage system,if Y , g g Y C:\Winword\OOC\242-1257284SatemsLdoc 4 NACC 7/22/04 DEP FILE # 242 - 1257 accepted by the Town as part of a public way, becomes the responsibility of the Town. 37. The NACC finds the applicant's proposal for 750 sq. ft. of buffer zone wetland restoration/enhancement to be adequate. The restoration areas shall be constructed in accordance with the proposed buffer zone enhancement list as shown on the approved plans. The enhancement planting area shall be constructed 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). However,if any time during or after construction,additional resource areas are found to be disturbed above and beyond what was approved under this Order,the NACC and/or it's agent has the right to require additional mitigation measures. 38. The buffer zone restoration area shall be monitored by a qualified wetland biologist/specialist for two growing seasons and monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season,or at any time within the 2-yr growing season period,it has been determined that a 75%success rate has not been achieved, the NACC shall require additional mitigative measures (Le- replacement plantings). 39. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 40. 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. 41.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 C:\Winword\OOC\242-1257284SalemsLdoc 5 NACC 7/22/04 DEP FILE#242- 1257 Commission on the form at the end of this OrderI�'or to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicants expense. 42. 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 242.1257." 43. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval a 20-scale plan of the proposed buffer zone enhancement planting area depicting the correct total number of plantings spaced 5'on- center to be approved by the Conservation Administrator. 44. 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 significants 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. 45. 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. 46. 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. 47. 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 C:\Winwor&OOC1242-12572848ahmut.doc 6 NACC 7/22104 DEP FILE # 242- 1257 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. 48. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request Additional erosion controls(haybales &trenched silt fence) shall be placed along the westerly 25' No-disturbance Zone extending from the enhancement area to the chimney so to adequately protect the resource area from the proposed grading activities immediately upgradient. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be usedd only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 50. A check payable to the Town of North Andover shall be provided in the amount of$5,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. C:\Winword\OOC\242-12572848a1emstdoc 7 NACC 7/22/04 e r DEP FILE #242- 1257 51. 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-sine 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. In addition,the erosion control monitor shall be on site during the construction of the retaining wall and shall update the Administrator on a day-to-day basis as to ensure that the resource area is being adequately protected in this location. 52. Prior to construction, the applicant shall permanently mark the edge of the "25'No-Disturbance Zone/limit of disturbance"with signs or markers spaced evenly every 25 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 available at the Conservation Office for$2 each and 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. 53. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via "Appendix A"signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the C:\Winword\OOC\242-1257284SdemsLdoc 8 NACC 7/22/04 DEP FILE#242 - 125'7 Conservation Department at least five (5) business days prior to the closing of said land transaction. 54. 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 berms 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 I - — I J 55. 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. 56. 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 manual basis by a Registered Professional Civil Engineer for a period of two 1) years from the date said structures go mon-line". 57. Wafter 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. 58. 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 C:\Winword\OOC\242-1257284Salemst.doc 9 NACC 7/22/04 DEP FILE # 242 - 1257 of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts on-siteto or of-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. 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. 60. De-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be conducted as authorized and approved by the Conservation Administrator 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. 64..There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system,or wetland resource area. C:\Winword\OOC\242-2257284Satemskdoc 10 NACC 7/22/Q4 r DEP FILE#242 - 1257 66. 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project 68. 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 69. 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. 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 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. 72. Upon the Issuance of a Certificate of Compliance or 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. C:\Winword\OOC\242-12572843alemst.doc 11 NACC 7/22/04 DEP FILE #242- 1257 73. 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 fora 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. A written statement from a Professional Wetland Scientist certifying that the buffer zone restoration areas are functioning as intended by this Order of Conditions and in compliance with the local wetland protection bylaw and regulations for at least two full growing seasons. j. 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. C:\Winword\OOC1242-1257284Salemst.doc 12 NACC 7/22/04 r DEP FILE #242 - 1257 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work' includes M disturbance of soils or vegetation ➢ Location of all subsurface utilities entering the property. 74. 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#242-1257. 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; ➢ Discharge or spillage of pollutants (Condition# 68); ➢ Prohibition of underground fuels (Condition#69); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions # 70). C:1Winword\OOC1242-1257284Salemst.doc 13 NACC 7122/0 DEP FILE #242 - 1257 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 N/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\OOC\242-1257284Salemst.doc 14 NACC 7/22/04 � , r Massachusetts Department of Environmental Protection i -- Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1257 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. 3. M 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 bylaw are as follows: space for 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, from the date of issuance. 7/14/04 1. Date of issuance Please indicate the number of members who will sign this form: 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 O Ice, if not filing electronically (see Appendix A), and the property owner, if different from applicant. Signatur s: wpaform5.doc• rev.7/14/04 Page 6 of 8 1 a LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1257 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North I q w Day as On this of Month Year Before me, the undersigned Notary Public, personally appeared /&4Ze 177A 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 nIk.A� k4�4� ignature of Notary Public Printed Name of Notary Public DONNA M.WEDIU Place notary seal and/or any stamp above WTNntauB My Commiss F#F"M1=MW"u Au This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested,on Date 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.7/14/04 Page 7 of 8 Massachusetts Department of Environmental Protection ��- Bureau of Resource Protection - Wetlands DEP File Number: i WPA Form 5 - Order of Conditions 242-1257 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: 242-1257 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.dcc• rev.7/14/04 Page 8 of 8 Of tAORTH q X.r�,�o rg •y 6 b 4 to 7t! T d SOSNIC�wKN 1 4 ��SSAC HUS�� CONSERVATION DEPARTMENT fommunity Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept ApplicantV1i�� TWil1Lf . �'I,e ��G��1�� lirl'1� `1C.rysSta��;' vtst�� ,`'��►sir� �` "`�yls�� Vi i ' " G t 41 ` ` ev► 0to' mhavA Mc--Ken.Z16 asaN odification to th Order of Condition issued in File 242- 1-1,57 dated 7 J0 and recorded in fA+rv. # N 0 7 19, Issued by the NORTH A OVER CONSERVATION COMMISSION: "LT , On this 7 of before me personally appeared Scott Masse to me day month/yr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My C mmission Expires -A. DONNAKWEDGE� TM ppCHUSEM W CW Mb bpk a Aug.7.2009 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com