HomeMy WebLinkAboutMiscellaneous - 315 SOUTH BRADFORD STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands DEP File Number:
WPA Form 7 Extension Permit for Orders of Conditions 242-1298
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the H. Michael Smolak, Jr., Manager, Smolak Farm, LCC
computer, use Name
only the tab
key to move 315 South Bradford Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
� 2. Property Owner(if different):
Same
Name
renes
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
5/4/05
Date
for work at:
315 South Bradford Street Map 104C Parcel 48
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 9523 340
County Book Page
Certificate(if registered land)
is hereby extended until
5/4/09
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
North Andover 1'��►k'C�j --2�4 N60401
Conservation Commission Date
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1298
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
315 South Bradford Street 242-1298
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 in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 - Extension Permit for Orders of Conditions 242-129$
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Authorization (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission
and a copy sent to the applicant and the appropriate DEP Regional Office (see
hftp://www.mass.-gov/deD/about/region/findvour.htm
Signatures:
s
N tart'Ackno ledgement
Commonwealth of Massachusetts County of Essex North
On this Day of Month Year
Before me, the undersigned Notary Public, personally appeared
7-0
Name of 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
Citylrown
i,A%1 W' Signature of Notary
/Public
/,/
J AR`(Fl _Dl 20,4 19r 1418�U
a r r w.,, k_TH OF hu1 .�': SETTS t
My Comm.Expires Aug.7,2009 Printed Name of Notary Public
Place notary seal and/or any stamp above My comm scion Aires(Date)
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
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 Michael Smolak Smolak Farms, LLC
use the return a. First Name b.Last Name c.Company
key. 315 South Bradford Street
d. Mailing Address
VQ North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Michael Smolak Smolak Farms Reatly, LLC
a. First Name b.Last Name c.Company
315 South Bradford Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
5. Project Location:
315 South Bradford Street North Andover
a.Street Address b.City/Town
Map 104C Parcel 48
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)
8011 162
c. Book 1!2 d.Pag
--- e `
7. Dates: 13
a.Dateate Notice of Intent Filed b.Date lic aring Closed c.Date of fssuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
U. S. Department of Agriculture Soil Conservation Service
a.Plan Title
David Bacon & Dan LeAJDtstrict Conservation _Appoved by Dan te4-K-1
b. Prepared By c.Signed and Stamped by
9/24/04 V=20'
d. Final Revision Date tt e.Scale
a� h¢_d
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid:
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
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L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
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. f. ® Protection of Wildlife
® pp y ❑ Fisheries Habitat
g. ® Groundwater Supply h. Z 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
s. ❑ 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
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1
Massachusetts Department of Environmental Protection
I
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
s. ❑ 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)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.ciy nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y 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
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L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
1 WPA Form 5 - Order of Conditions 242-1298
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 242-1298 "
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L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
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
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f
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1298
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 bylaw are as follows:
space for
additional See Attached
conditions,
select box to
attach a text
document
Page 6 of 9
wpaform5.doc• rev.2/22/05
DEP FILE #242-1298
OVERVIEW
The applicant, Michael Smolak,filed a Notice of Intent(NOI) with the North Andover
Conservation Commission (NACC) on January 25, 2005. It is important to note that the
proposed work is located on a large tract of agricultural farmland,known as Smolak Farms,
and is classified under the Chapter 61A statute. Smolak Farms is also an Agricultural
Preservation Restriction (APR). Therefore,these agricultural lands are exempt from many
activities under the Massachusetts Wetlands Protection Act(310 CMR 10.04 Agriculture (b)(7)
& (c)(g)) and the local Wetlands Bylaw (Chapter 178 Code of North Andover),respectively.
However, a NOI filing was required pursuant to the MA WPA for several proposed activities
as referenced herein. An initial public hearing was held within the 21-day time requirement on
February 9, 2005 and was posted appropriately in the Eagle Tribune. This agenda item was then
continued to subsequent meeting dates so that requested information and documentation could
be presented and a site walk could be scheduled. Significant snow cover at the time the
application was filed did not permit site walk conditions until April 6, 2005. After conducting
said site walk, additional information was requested by the Commission. All requested
documents were received prior to the next regularly scheduled public meeting date of April 13,
2005 where, at that time, the NACC unanimously closed the public hearing. The NACC
rendered a decision approving the project at their meeting of April 27,2005. A decision of
approval with conditions was issued within the 21-day time requirement.
DECISION &ORDER OF CONDITIONS
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.
The proposed work includes: the clearing of approximately 3.8 acres of forested area on field
11A to be converted into a blueberry plantation,and excavating/altering approximately 6,
000 s.f. of a Bordering Vegetated Wetland (BVW) and 10,000 s.f. of Buffer Zone to BVW,in
order to create a secondary irrigation pond.This pond will be approximately 60'x 100' and 10'
in depth, providing approximately 206,800 gallons of water to Smolak Farm.The above-
mentioned agricultural activities have been filed as a'limited project'under 310 CMR 10.53
(5)(a-g) and 310 CMR 10.53 General Provisions (3) (a)1-3.
This decision also recognizes other anticipated projects outlined in the Smolak Farms'
Conservation Plan,which are considered as agricultural exemptions under the MA Wetlands
Protection Act Regulations (310 CMR 10.04 Agriculture(b)(7) & (c)(g)) and the local Wetlands
Bylaw (Chapter 178 Code of North Andover),respectively. Activities include maintenance of
drainage ditches,re-routing of an existing stream into an irrigation pond to improve water
capacity and quality;maintenance of the existing PondS• piping of drainage ditch behind the
farm stand on field#11;re-grading of field #21;and the burial of rock ridge between fields
#1 &2.
CAWinword\OOC\Smo1ak.doc 1 NACC 5/4/05
DEP FILE #242-1298
The work shall conform to the following (except as noted in the remainder of this document
where revisions maybe required):
Notice of Intent filed by: H. Michael Smolak,Jr., (Applicant)
Smolak Farms, LLC
315 South Bradford Street
North Andover,MA 01845, dated January 25,2005.
Site Plans prepared by: U.S. Department of Agriculture Soil Conservation
Service,entitled "Smolak Farm-Irrigation Pond
prepared by David J. Bacon &Dan Lenthall, dated
September 24,2004.
Reports prepared by: Natural Resource Conservation Service (NRCS)
entitled,"Conservation Plan" associated with the pond,
consisting of 17 pages. Signed by Daniel Lenthall,dated
September 24,2004;
Natural Resource Conservation Service (NRCS) entitled,
"Conservation Plan" associated with the crop fields,
consisting of 8 pages (Not dated).
Other Documents: Letter from Dan Lenthall,USDA-NRCS-Westford Field
Office to Michael Smolak (Not dated);
Additional Information submitted by Michael Smolak with
Cover Letter dated April 13,2005,
Proposed Blueberry planting Field Plan (No date).
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
�' P Y
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.
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DEP FILE #242-1298
20. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes, ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date of this
order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information so
warrant.
24. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1298.
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 following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland(BVW) and Bordering Vegetated Wetland for the
excavation of the pond. 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.
--29. The NACC agrees with the applicant's_�delineation of the wetland resource areas onthe site
entitled, "Smolak Farm-Irrigation Pond", prepared by David J. Bacon&Dan Lenthall, and
"Conservation Plan prepared by NaturalResource Conservation Service-(NRCS)both
dated September 24, 2004.
30. 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
C:\Winword\OOC\Smolak.doc 3 NACC 5/4/05
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DEP FILE #242-1298
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.
31. 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.
32. 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
33. 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.
34. 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.
35. 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 242-1298."
36. Any changes in thesubmittedplans 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
C:\Winword\OOC\Smo)ak.doc 4 NACC 5/4/05
DEP FILE#242-1298
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.
37. 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.
38. It is the responsibility of the applicant to procure all other applicable federal,state and
local permits and approvals associated with this project,which may include a Section 404
of the Federal Water Pollution Control Act(P.L.92-500,86 stat. 816),U.S. Army Corps of
Engineers, and a 401 Water Quality Certification in accordance with the Federal Water
Pollution Control under authority of sec. 27(5) of Chapter 21 of the Massachusetts General
Laws as codified in 314 CMR 9.00. Copies of all applicable permits shall be submitted to
the Conservation Department prior to the commencement of any activities.
39. The applicant shall contact the Conservation Administrator to coordinate an on-site
meeting with a Professional Wetland Scientist or a representative from the NRCS (Natural
Resource Conservation Services)to field locate the wetland boundaries within and
abutting Fields #11 &12(blueberry field). 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.
40. The Conservation agent shall determine whether erosion controls are necessary at any
time. If the Conservation agent determines that erosion controls are necessary,a row of
staked hay bales backed by trenched siltation fence shall be installed 25-feet outside of
the proposed clearing and along the limits of clearing within the Bordering Vegetated
Wetland (BVW) to reduce impacts to the wetland outside of the construction area. The
erosion control barrier will be properly installed and shall be inspected / approved by the
Conservation Staff prior to the start of construction. All erosion control 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.
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DEP FILE #242-1298
41. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,
a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent
amount of silt fence). Said bales shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
42. Prior to any work commencing on-site, thea applicant shall submit to the NACC for approval,
PP
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.
43. 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
44. Accepted engineering and Best Management Practices for construction standards shall be
followed in the conduct of all work.
45.The removal of trees and any excavation within the BVW shall occur only during those
periods when the ground is sufficiently frozen,dry,or otherwise stable to support heavy
equipment. The Construction sequence shall be reflective of this.
46. For the purposes of the irrigation pond,the total amount of anticipated excavation of the
BVW shall not exceed the MA Wetlands Protection Regulation's threshold of 20,000 s.f. (310
CMR 10.53 (5)(e)(1)).
47. The applicant shall provide sufficient mitigation for the approved impact of the BVW.
The applicant shall make every effort to save the existing blueberry shrubs within the BVW
and transplant them around the irrigation pond,as part of the mitigation efforts.
48. All activities shall be undertaken in such a manner as to prevent erosion and siltation of
adjacent water bodies and wetlands.
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DEP FILE#242-1298
49. De-watering activities anticipated shall be supervised when the dredging for the
irrigation pond commences. The applicant shall 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 under the MA Wetlands Protection
Act and / or the North Andover Wetlands Bylaw& its Regulations. 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 tank or basin, to
reduce turbidity prior to discharge into a resource area.
50. There shall be no stockpiling of soils or excavated materials placed along the edge of the
proposed irrigation pond or within twenty-five (25) feet of any resource area,unless to
provide access to said pond, and to provide bank stabilization. The applicant shall ensure
that any stockpiling of excavated soils are well contained. The applicant shall install erosion
controls around soil stockpiling areas to prevent impact to the downgradient resource area,
where necessary. .
51. Water quality of the Bordering Vegetated Wetland (BVW) 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.
52. The clearing and grading of the Fields#11 &12 (blueberry) shall also occur during those
periods when the ground is sufficiently frozen, dry,or otherwise stable to support heavy
equipment.
53. Subsequent to clearing and grading of the blueberry fields,the applicant shall rake the
fields in a horizontal manner to reduce to likelihood of soil migration towards the
adjacent stream and BVW. In the event the desired soil conditions are not immediately
met,the fields must be stabilized with an appropriate method for temporary stabilization
until work re-commences on these fields.
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 re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized using stone rip-rapped or
biodegradable jute matting.
56. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year.Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of hay mulch until
climate conditions allow for seeding. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other
means approved by the NACC.
C:\Winword\OOC\Smolak.doc 7 NACC 5/4/05
Y f
DEP FILE #242-1298
57. 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.
58. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
59. 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.
60. 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.
AFTER CONSTRUCTION
61. Upon completion of construction and grading,all disturbed areas located outside resource
areas shall be stabilized permanently against erosion. Stabilization will be considered complete
once vegetative cover has been achieved.
62. Upon completion of the project the applicant shall submit the following to the Conservation
Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the request
for a Certificate of Compliance indicating that they read and understood the recorded Order
of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the compliance is to
be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Representative of NRCS stating that the work has been
conducted as shown on the (
lan s) and documents referenced above, and as conditioned by
p
the Commission.
CAWinword\OOC\Smolak.doc 8 NACC 5/4/05
DEP FILE #242-1298
63. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ Future work not exempt under the MA Wetlands Protection Act Regulations (310 CMR
10.04 Agriculture (b) (7) &(c) (g)) within 100' of existing wetland resource areas will
require a separate filing with the NACC.
C:\Winword\OOC\Smolak.doc 9 NACC 5/4/05
y �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special Is $
condition pursuant to General Conditions#4,from the date of issuance. 1. Date ofissdance
Please indicate the number of members who will sign this form: y
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 be,
or hand delivered at the same time to the appropriate Department of
Environmental Protection Region Affice if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 13 of Pr
'
Day Montll Year
Before me, the undersigned Notary Public, SC at4- 014 �� I te?
personally appeared_ Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
NRWPAW
Signature of Notary Public
Pri tamedName o Notary Public
~ 02 lJ
Place nota seal and/or an stain above
notary y r My Commis on E fres(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on (V(by certifie)mail, return receipt requested,on
J',
Date Date
wpaform5.doc• rev.2/22/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days frotn.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.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.2122105 Page 8 of 9
i 1,
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1298
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:
242-1298
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.doc• rev.2122/05 Page 9 of 9