HomeMy WebLinkAboutMiscellaneous - 326 CAMPBELL ROAD Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1366
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 Greg Swiniarski
computer,use Name
only the tab
key to move 326 Campbell Road
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
2. Property Owner(if different):
Edward Swiniarski
Name
326 Campbell Road
Mailing Address
North Andover MA 01845
City/Town State Zip Code
B. Authorization
The Order of Conditions(or Extension Permit)issued to the applicant or property owner listed above on:
August 23, 2006
Date
for work at:
326 Campbell Road Map 105D Parcel 23
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North
County Book Page
Certificate(if registered land)
is hereby extended until
August 23, 2010
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 7/8/09
Conservation Commission Date
wpaform7.doc•rev.1/07 Page 1 of 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"Umber.
WPA Form 7 — Extension Permit for Orders of Conditions 242-1366
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
http://www.mass.go.vldeD/about/region/findvour.htm).
Signature
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
�
u l aid
On this Day of Month Year
Before me,the undersigned Notary Public, personally appeared
John Mabon,
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.
North Andover
As member of Cityrrown Conservation Commission
DONNA M.WEDGE " -
NOTARY PUBLIC S gnature of Notary Public
7COMMONWEALTH OF MASSAC;{',.SETTS n� ,,,,//
M Comm.Expires Au r,��D09 Do-zw, /I Lv�9'�
`=fes y Printed Name of Notary Public
Place notary seal and/or any stamp above My comm sion xpires(Date)
wpaform7.doc•rev.1/07 Page 2 of 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1366
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:
326 Campbell Road 242-1366 _
Project Location DEP File Number
has been recorded at the Registry of Deeds of:
Essex North
County
for:
Edward Swiniarski
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
wpaform7.doc•rev.1/07
Page 3 of 3
, f
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
A. General Information
Important: North Andover
When filling out 1. From: Conservation Commission
forms on the
: a.check one
computer, use 2. This issuance is for
only the tab key ( ) Order of Conditions b. ❑ Amended Order of Conditions
to move your
cursor-do not 3. To: Applicant:
use the return
key. Mark Scott
a. First Name b.Last Name
Q M.E.M.L.V., LLC
OL c.Organization
PO Box 623
0° d. Mailing Address
North Andover MA 01845
e. City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Airport Commission
a. First Name b.Last Name
City of Lawrence
c.Organization
492 Sutton Street
d. Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. Project Location:
North Ramp Road North Andover
a. Street Address b.Cityrrown
Map 76 Parcel 3
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 44-43-21 71-07-34
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 Number(if registered land)
673 401
c. Book d.Page
7. Dates: 5/27/09 6/24/09 6/9/09
a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional,plan or document references as
needed):
Site Plan
a. Plan Title
Andover Consultants, Inc. Patrick L. Bower, P. E.
b. Prepared By c.Signed and Stamped by
June 23, 2009 1" =20'
d. Final Revision Date e.Scale
f.Additional d al Plan or Document Title
g.Date
wpaform5.doc• rev.11/08 Page 1 of 11
t
LlMassachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection-Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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(the Act).
Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
f. ®
d. ® Private Water Supply e. El Fisheries Protection of WildlifeHabitat
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:
a. ® 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:
b. ❑ 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 the interests of the Act,
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.
c. ❑ 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)
s. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and 40'
Bank or Bordering Vegetated Wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.c/y dredged f.c/y dredged
wpaform5.doc• rev.11/08 __ Page 2 of 11
. j
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
LI
WPA Form 5 Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. El Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ 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
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.Gy dredged d.Gy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt_
14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt.
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes
a.square feet b,square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds
a.square feet b.square feet
c.cly dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.Gy dredged b.c/y dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/08 Page 3 of 11
ILI -
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts WetlandsProtectionAct M.G.L. c. 131, §40 North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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 the 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, WassDEP]
"File Number 242-1452 "
wpaform5.doc• rev.11/08 Page 4 of 11
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
Cityrrown
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 MassDEP.
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the"Project") is(1)® is not(2)❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs) shall remain in place until the site is fully stabilized.
it
wpaform5.doc• rev.11108 - Page 5 of 11
ILIMassachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection -Wetlands MassbEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North.Andover
City town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all
planting plans)approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in
General Condition 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and
certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the
Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc• rev.11/08 Page 6 of 11
ILI' Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 -- Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management -
system or any part thereof, and disposal(for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1 Municipal Ordinance or Bylaw 2.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.
wpaform&doc• rev.11108 Page 7 of 11
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Ll r
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2.Citation
s. 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.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
wpaform&doc• rev.11/08 Page 8 of 11
DEP FILE #242 - 1452
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
19. The proposed work includes: construction of an airplane hangar and roof run-off
infiltration system within existing pavement at the Lawrence Municipal Airport on the
North ramp in the 100-foot buffer zone of a Bordering Vegetated Wetland (BVW).
20. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant: Mark Scott
M.E.M.L.V., LLC
P.O. Box 623, 492 Sutton Street
North Andover, MA 01845
Notice or intent filed by: Andover Consultants Inc.
1 East River Place
Methuen, MA 01844
Dated: May 11, 2009
Site Plans prepared by: Andover Consultants Inc.
1 East River Place
Methuen,MA 01844
Titled: Site Plan, North Ramp Road, Lawrence Municipal
Airport,North Andover, Mass.
Dated: May 26,2009
Revised:June 16, 2009 and June 23,2009
Other Record Documents: Stormwater Checklist and Report
Dated: May 27, 2009
Letters from Gene Willis, PE, Town Engineer
Dated: June 22,2009 and June 23,2009 ,
Letter to John Simons,Chairman North Andover Planning
Board from Andover Consultants Inc., Patrick L. Bower, PE
Dated: June 23, 2009
242-1452,North Ramp Road hangar.doc 1 NACC 7/9/2009
DEP FILE #242 - 1452
21. The term "Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest
or successor in control of thePropertY 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The work authorized hereunder shall be completed within three ,years from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
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 VIII (B)(p.33) of the
North Andover Wetland Regulations).
28. 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.
29. 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.
242-1452,North Ramp Road hangar.doc 2 . NACC 7/9/2009
DEP FILE #242 - 1452
30. Any future project which.proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
31. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests
of the Act and Town ByLaw as noted above and therein. The applicant has not attempted
to overcome the presumption of significance of this resource area to the identified
interests.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the revised plans dated referenced herein.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and
a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource area. 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. (See Section IIID) &Appendix G of the local Regulations).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage. Maintenance of the drainage system, if accepted by the
Town as part of a public way,becomes the responsibility of the Town.
36. 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.
LIOR TO CONSTRUCTION
242-1452,North Ramp Road hangar.doc 3 NACC 7/9/2009
DEP FILE #242 - 1452
37. 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.
38. 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.
39. 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 242-1452."
40. 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. I£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. No work shall begin on a project until written approval has been
granted by the NACC.
41. 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.
42. 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 restoration
areas, installation of sedimentation/erosion control devices and re-vegetation to be
completed before other work begins on-site.
43. 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 erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
242-1452,North Ramp Road hangar.doc 4 NACC 7/9/2009
DEP FILE #242 - 1452
be checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery,P e , stora e of machinery Y or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
44. 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 or its agent 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 or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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.
46. A check payable to the Town of North Andover shall be provided in the amount of$1,000
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
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.
47. The applicant shall be responsible for placing signs on each parcel,where there is more
than one (1) lot, designating the applicable lot number as depicted on the plans approved
and referenced herein.
48. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
242-1452,North Ramp Road hangandoe 5 NACC 7/9/2009
DEP FILE #242 - 1452
emergency at the site, during any 24-hour period, including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt. At least once
during each week in which construction activities occurs on-site and for as long thereafter
as ground remains unstabilized, the applicant shall submit a written report from the
"Erosion Control Monitor to the NACC certifying that, to the best of his/her knowledge
and belief based on a careful site inspection, all work is being performed in compliance
with this Order of Conditions and that approved setbacks are being adhered to. The
erosion control monitor must visually inspect all sedimentation/erosion control measures
and assume responsibility for their maintenance on a weekly basis and that they are
functioning as intended. In addition, all wetland resource areas must be visually
inspected for siltation, turbidity,and/or other water quality impacts. The Erosion
Control Monitor shall be on site during and/or following a major storm event of 1" inch
of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls
are adequate and secure.
49. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
50. Once these above mentioned pre-construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,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).
242-1452,North Ramp Road hangar.doc 6 NACC 7/9/2009
DEP FILE #242 - 1452
STORMWATER MANAGEMENT CONDITIONS
51. 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.
52. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
53. Roof drains on the proposed hangar shall discharge to an infiltration system as shown
on the approved plan.
DURING CONSTRUCTION
54. Upon beginning work, the applicant shall submit written weekly progress 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.
55. No dewatering activities are proposed. 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.
56. 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.
57. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC. Disturbed areas shall be loamed and seeded by November 1
each year. Areas that are not stabilized prior to the end of the growing season shall be
mulched/matted as appropriate until stabilization with loam and seed can be
established.
58. 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.
242-1452,North Ramp Road hangandoc 7 NACC 7/9/2009
DEP FILE #242 - 1452
59. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area.
60. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
61. All waste generated by, or associated with,the construction activity shall be contained
within the limit of work, 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.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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
64. 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 Towns Wetland protection ByLaw.
65. 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 s Order of Conditions and shall run with the title of theP p t3'ro er . This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
66. No road salt, sodium chloride, or other de-ficin chemicals shall be used on paved
g
surfaces in the lease area, and any arrangement for snow removal shall so stipulate.
Permanent signs designating"No-Salt Zone" and "No-Snow Stockpiling Zones' shall
be displayed in prominent locations. The sign locations must be reviewed and
approved by the Conservation Department.
242-1452,North Ramp Road hangar.doc 8 NACC 7/9/2009
DEP FILE #242 - 1452
67. The Operation and Maintenance and Long Term Pollution Prevention plan included in
the Stormwater Report shall be fully binding upon the applicant and or owners,
successors, agents, associations, heirs and assigns and must be adhered to in
perpetuity.
68. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
69. 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.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
242-1452,North Ramp Road hangar.doc 9 NACC 7/9/2009
DEP FILE #242 - 1452
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aanv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
71. 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. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section XI (page 18) of the Regulations for
performance standards within these zones) The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition# 63);
➢ Prohibition of underground fuels (Condition#64);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition
#65).
➢ No Salt and No Snow Stockpiling (Condition#66)
➢ Operation &Maintenance Plan/Long Term Pollution Prevention Plan
(Condition#67)
242-1452,North Ramp Road hangar.doc 10 NACC 7/9/2009
'LJ\
Massachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4, from the date of issuance. 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 Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
,r
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
aQa
On this Day of l Month / Year
Before me, the undersigned Notary Public, John Mabon
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
"`"Elm]
M Signature of Notary Public09
heo" 2 i4 In.
Printed ame of Notary Public
Place notary seal and/or any stamp above. $1,71-9669
My Comifiissibn Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on 2 by certified imail, return receipt requested, on
Date Date
wpaform5.doc• rev.11/08 Page 9 of 11
b
LlMassachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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 MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
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.11/08 Page 10 of 11
LlMassachusetts Department of Environmental Protection 242-1452
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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
this page 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:
North Ramp Road 242-1452
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
City of Lawrence
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.11/06 Page 11 of 11
DEP FILE#242 - 1452
APPENDIX A - AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&,/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by I (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 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. 1 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)
242-1452,North Ramp Road hangar.doc 11 NACC 7/9/2009
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
A. General Information
Important: North Andover
When filling out 1. From:
forms on the Conservation Commission
computer, check one : a.use 2. This issuance is for
only the tab key ( ) Order of Conditions b. ❑ Amended Order of Conditions
to move your
cursor-do not 3. To: Applicant:
use the return
key. Bruce Thibodeau, P. E.
a. First Name b. Last Name
to North Andover Division of Public Works
c.Organization
384 Osgood Street
d. Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b. Last Name
c.Organization
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
Autran Avenue North Andover
a. Street Address b.City/Town
Plat 22 Street-Right-of-Way
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North 4542
a. County b.Certificate Number(if registered land)
962 205
c. Book d. Page
4/24/09 7/8/09 7/9/09
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Plan & Details, Sheets 1-6
a. Plan Title
Weston & Sampson Engineers, Inc. Bruce W. Adams, P. E.
b. Prepared By c.Signed and Stamped by
July 3, 2009 1" =40'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5.doc• rev.11/08 Pagel of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 -- Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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(the Act).
Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® 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:
b. ❑ 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 the interests of the Act,
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.
c. ❑ 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)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
Bank or Bordering Vegetated Wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
99 I.f. 99 114. ® Bank a.linear feet b. linear feet c.linear feet d.linear feet
5. ® Bordering Vegetated 370 s.f. 370.s.f.
Wetland a.square feet b.square feet c.square feet d.square feet
170 s.f. 170.s.f
6. ® Land under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.c/y dredged f.c/y dredged
wpaform5.doc• rev.11/06 Page 2 of 11
LlMassachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection -Wetlands MassDEP File"umber
WPA Form 5 Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
' 7. ❑ 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
8. ❑ 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
9. ❑ Rlverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt.
15. ❑ Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.cty dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.c/y dredged b.c/y dredged
21. El Land Subject to Coastal _
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/08 Page 3 of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Docum ant Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c..131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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 the 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, "MassDEP"]
"File Number
242-1451 "
wpaform5.doc• rev.11108 Page 4 of 11
Massachusetts Department of Environmental Protection 242-1451
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
Bureau of Resource Protection- Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
City/Town
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 MassDEP.
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the"Project") is (i)® is not(2)❑subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs)shall remain in place until the site is fully stabilized.
wpaform5.doc• rev.11108 Page 5 of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 -- Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed,as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in
General Condition 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and
certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the
Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform&doc• rev.11/08 Page 6 of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1. Municipal Ordinance or Bylaw 2.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.
wpaform5.doc• rev.11/08 Page 7 of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection Wetlands MassDEP File Number
Ll
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2.Citation
s. 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.
The special conditions relating to municipal ordinance or bylaw are follows(if you need more space
for additional conditions, attach a text document):
See Attached
wpaform5.doc- rev.11/08 Page 8 of 11
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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 MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project.Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
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.11/08
Page 10 of 11
DEP FILE #242 - 1451
Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans,specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
19. The proposed work includes: the installation of approximately 1,800 linear feet of 12-inch
to 36-inch drainage pipe in Autran Avenue discharging to an intermittent stream through
a flared end pipe. Large boulders and rip-rap will be placed in the stream bed for energy
dissipation at the recommendation of a FEMA representative. Other drainage
improvements include the addition of catch basins with 4-foot deep sumps and hoods.
Gas Company repairs may also be conducted during work on the drainage system if
required. The proposed work is within Bordering Vegetated Wetland (BVW), Inland
Bank, Land Under Waterbodies and Waterways and the buffer zones thereto.
20. The work shall conform to the following:
Notice of intent: Town of North Andover,MA
Autran Avenue Drainage Improvements Project
April 24, 2009
Prepared for: Town of North Andover
Division of Public Works
384 Osgood Street
North Andover, MA 01845
Prepared by: Weston&Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Site Plans prepared by: Weston&Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Titled: Autran Avenue Drainage Improvements,July
2009,Sheets 1-6
Dated: July 3, 2009
21. 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
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE #242 - 1451
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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The work authorized hereunder shall be,completed within three years from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least tl
days (30) prior to the expiration date of the Order (Refer to Section VIII(B)(p.33) of the
North Andover Wetland Regulations).
28. 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.
29. 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.
I
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE#242 - 1451
30. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
31. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetland (BVW), Inland Bank, Land Under Waterbodies and Waterways and
associated buffer zones. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above and therein. Thea applicant has not attempted to overcome
pP p
the presumption of significance of these resource areas to the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
33. 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 twe=five foot (25') No-Disturbance Zone and
a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: Waiver of the 25-foot No-Disturbance Zone and 50-
foot No-Build Zone for temporary disturbance within roadway and installation of new
flared outlet pipe and rip-rap. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section III(D) &Appendix G of the local Regulations).
34. Three trees (two dead) will be removed as part of the proposed work. The NACC accepts
the planting of seven(7) highbush blueberry (Vaccinium corymbosum) in the tree removal
sites as mitigation.
35. Work activities shall be performed in the summer months during low flow conditions to
minimize impacts to the stream and associated resource areas. The applicant shall notify
the NACC to confirm that conditions are suitable to commence work.
36. 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 beheld jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
37. Issuance of these Conditions by the NACC does not in any way imply or certify that the
site or downstream areas will not be subject to flooding, storm damage or any other form
of water damage. Maintenance of the drainage system is the responsibility of the Town.
PRIOR TO CONSTRUCTION
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE #242 - 1451
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work, Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1451."
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/erosion control devices and re-
vegetation to be completed before other work begins on-site.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
242-1451,Autran Ave Drainage Improvements,DPW.doe NACC 7/9/2009
DEP FILE#242 - 1451
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.
45. 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 or its agent 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 or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
46. 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,1 hay bale to equal 3 feet of 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.
47. 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.
48. The applicant shall be responsible for placing signs on each parcel, where there is more
than one (1) lot, designating the applicable lot number as depicted on the plans approved
and referenced herein.
49. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE#242 - 1451
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 and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control
Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based
on a careful site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion control monitor
must visually inspect all sedimentation/erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are functioning as
intended. In addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on
site during and/or following a major storm event of 1/2 "inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction,the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" 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 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. These markers shall remain posted and be replaced
as necessary in perpetuity.
51. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
52. Once these above mentioned pre-construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE # 242 - 1451
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
53. 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.
54. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
55. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collection basins, traps, outlet structures, subsurface storage areas, and other elements in
the drainage system in order to avoid blockages and siltation which might cause failure in
the system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
56. Upon beginning work,the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
57. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific to
the wetland crossing is occurring and until this section is complete. De-watering activities
shall be conducted as detailed in the Notice of Intent 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.
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE #242 - 1451
58. 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.
59. No exposed area shall remain unfinished for more than thirty (30) days,unless approved
by the NACC.
60. 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.
61. There shall be no stockpiling of soil or other materials within 100-feet of any watercourse
per the Notice of Intent.
62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
63. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work,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.
64. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
65. 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
66. 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.
67. 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
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE#242 - 1451
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 TownBy
Law Wetland Protection B Law and shall remain in
perpetuity.
68. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
69. 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.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
I�
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
DEP FILE#242 - 1451
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
71. 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#242-1451. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#50);
➢ Discharge or spillage of pollutants (Condition #65);
➢ Prohibition of underground fuels (Condition#66);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#67).
➢ Maintenance of Stormwater Management Structures (Condition#55)
242-1451,Autran Ave Drainage Improvements,DPW.doc NACC 7/9/2009
Massachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special 7 fl
condition pursuant to General Conditions#4, from the date of issuance. 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 Office, if not filing electronically,and the property owner, if different
from applicant.
Signatur ,
J /UL-1h
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
o7C�U
On thisDof
Day Month Year
Before me,the undersigned Notary Public, John Mabon
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
DONNA M.WEDGE
7' coi.iT,mNwEALTH
wotnrar PueucOF MASSACHUSETTS -nature of Notary Public
my Comm Expires Aug.7,2009
crrn.��t nl GQ
Printed Naa of otary Public
Place notary seal and/or any stamp above. BGG
My Co iss' n Expires(Date)
This Order is issued to the applicant as follows:
lJ by hand delivery on by certified mail, return receipt requested, on
'7 f ! h
Date Date
wpaform5.doc• rev.11/08 Page 9 of 11
LlMassachusetts Department of Environmental Protection 242-1451
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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
this page 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:
Autran Avenue 242-1451
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
North Andover Division of Public Works
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.11108 Page 11 of 11
DEP FILE #242 - 1451
APPENDIX A -AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE.BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 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. 1 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 incompliance.
(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)
242-1451,Autran Ave Drainage Improvements,DPW.doe NACC 7/9/2009
p !
Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
A. General Information
Important: North Andover
When filling out 1. From: Conservation Commission
forms on the
computer,use 2. This issuance is for check one): a.
only the tab key ( ) ® Order of Conditions b. ❑ Amended Order of Conditions
to move your
cursor-do not 3. To: Applicant:
use the return
key. Bruce Thibodeau, P. E.
a. First Name b. Last Name
r� North Andover Division of Public Works
AL c.Organization
384 Osgood Street
few 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
Town of North Andover
c. Organization
120 Main Street
d. Mailing Address
North Andover MA 01845
e. City/Town f.State g.Zip Code
5. Project Location:
Sutton Street, High Street North Andover
a. Street Address b.City/Town
Ma 40 Parcel
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 4242'-16.51"N 71-7'-38.72"W
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 Number(if registered land)
c. Book d. Page
7. Dates: 6/12/09 7/8/09 7/9/09
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Details Plan Sewer Replacement& Site Plan
a. Plan Title
Weston &Sampson, Inc. Bruce W. Adams, P. E.
b. Prepared By c.Signed and Stamped by
6/10/09 V = 20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5.doc• rev.11/08 Page 1 of 11
F
'LJ\_
Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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(the Act).
Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. 0 Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes)
Approved subject to
a. ® 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:
b. ❑ 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 the interests of the Act,
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.
c. ❑ 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)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
Bank or Bordering Vegetated Wetland boundary (if available) a. linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet
5. ® Bordering Vegetated 500 500 500 500
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.c/y dredged f.c/y dredged
wpaform5.doc• rev,11108 Page 2 of 11
t Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection -Wetlands MassDEP File number
WPA Form 5 — Order Of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ 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
8. ❑ 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
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.cty nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes
a.square feet b.square feet c.cty nourishmt. d.c/y nourishmt.
15. ❑ Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/08 Page 3 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions MaSSDEP File Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Docum mt Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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. Th re
cording
information shall be submitted to the 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, "MassDEP"]
"File Number 242-1454 "
wpaform5.doc• rev.11/08 Page 4 of 11
'LJ, -
Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection Wetlands MassDEP Fire Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
Cityrrown
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 shaft be a party to all agency proceedings and hearings before MassDEP.
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the"Project") is (1)® is not(2)❑subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs)shall remain in place until the site is fully stabilized.
wpaform5.doc• rev.11/08 Page 5 of 11
Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection - Wetlands MassDEP File Number
i
WPA Form 5 Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge,and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in
General Condition 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and
certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the
Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc• rev.11108 Page 6 of 11
LlMassachusetts Department of Environmental Protection_ y
Bureau of Resource Protection -Wetlands 7
WPA Form 5 — Order of Conditions MassDEP File Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9) p party The responsible a shall
1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal(for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is incompliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook,Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance.
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1. Municipal Ordinance or Bylaw 2.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.
wpaform5.doc• rev.11/08
Page 7of11
Massachusetts Department of Environmental Protection 242-1454
Massachusetts Wetlands Protection Act M.G.L. c. 131
\Bu�reau of Resource Protection - Wetlands MassDEP File Number
/�
•�PQ Form S — Order Of Conditions Document Transaction Number
North Andover
§40
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw _ Chapter 178
1.Municipal Ordinance or Bylaw 2. Citation
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
wpaform5.doc• rev.11/08 Page 6 of 11
DEP FILE#242 - 1454
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
19. The proposed work includes: the installation of approximately 900 linear feet of 24-inch
replacement sewers, located between Sutton Street and High Street,within Bordering
Vegetated Wetlands (BVW), its buffer zone and associated 50-foot No-Build Zone and 25-
foot No-Disturbance Zones.
20. The work shall conform to the following:
Notice of Intent: Town of North Andover,MA
Eastside Sewer Main Replacement
June 2009
Prepared for: Town of North Andover
Division of Public Works
384 Osgood Street
North Andover, MA 01845
Prepared by: Weston&Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Site Plans prepared by: Weston&Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Titled: Eastside Sewer Replacement,Site Plan, C-1
Eastside Sewer Replacement,Details, D-1
Dated: 6/10/09
21. 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.
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DEP FILE #242 - 1454
22. 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.
23..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.
24. 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.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each.upon application to the issuing authority at least!hitt
days(30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the
North Andover Wetland Regulations).
28. 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.
29. 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.
30. Any future project which proposes a wetland crossingin order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
31. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetland (BVW) and Buffer Zone to Bordering Vegetated Wetland. These
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DEP FILE #242 - 1454
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.
32. The NACC agrees with the applicant's delineation of the wetland resource areas from
wetland flag WSE 1 to WSE 5 and flag WSE 2B to WSE 6B on the site as shown on the
plans dated referenced herein.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and
a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: Waiver of the 25-foot No-Disturbance Zone and 50-
foot No-Build Zone for temporary disturbance within sewer easement for replacement of
sewer main. The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone.
(See Section III(D) &Appendix G of the local Regulations).
34. Any temporary alterations to resource areas shall be substantially restored in accordance
with the approved methodologies and in accordance with the supporting documents
referenced herein and shall be restored to pre-existing hydrology and topography. At
least 75% of the surface of any area of disturbed vegetation shall be re-established with
appropriate indigenous wetland plant species and/or with a wetland seed mix, or other
suitable means upon completion of work activities.
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 agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding,storm damage or any
other form of water damage. Maintenance of the drainage system, if accepted by the
Town as part of a public way,becomes the responsibility of the Town.
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DEP FILE #242 - 1454
37. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage:
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant`s expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1454."
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing(at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to an work commencing on-site, the applicant shall submit to the NACC for
Y g PP
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/erosion control devices and re-
vegetation to be completed before other work begins on-site.
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DEP FILE#242 - 1454
44. The NACC shall have an opportunity to reviewand comment on the final hazardous
materials mitigation plan. At the time of the issuance of this Order, information from
monitoring wells and other sources were still under review.
45. 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 erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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.
46. 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 or its agent 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 or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
47. 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, 1 hay bale to equal 3 feet of 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.
48. A check payable to the Town of North Andover shall be provided in the amount of$2,000
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
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DEP FILE #242 - 1454
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.
49. The applicant shall be responsible for placing signs on each parcel,where there is more
than one (1) lot, designating the applicable lot number as depicted on the plans approved
and referenced herein.
50. The applicant shall designate a Wetland Scientist(or other environmental professional as
approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control
Monitor" to the NACC certifying that,to the best of his/her knowledge and belief based
on a careful site inspection, all work is being performed incompliance 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. The Erasion Control Monitor shall be on
site during and/or following a major storm event of 1" inch of rain or greater(24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to construction,the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone" with signs or markers spaced evenly every 25 feet(within the
easement) incorporating the following text: "Protected Wetland Resource Area". This
will designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
These markers shall remain posted and be replaced as necessary in perpetuity.
52. 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
d
these Orders of Conditions and is incompliance with each and every condition. This
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DEP FILE#242 - 1454
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
53. Once these above mentioned pre-construction requirements are complete, the applicant "
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
54. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
DURING CONSTRUCTION
55. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
56. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific to
the wetland crossing is occurring and until this section is complete. De-watering activities
shall be conducted as shown on the approved plans and shall be monitored daily by the
erosion control monitor to ensure that sediment laden water is appropriately settled prior
to discharge toward the wetland resource areas. No discharge of water is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the
North Andover Wetland Bylaw. Discharge of ground water from contaminated portions
of the site must be handled in accordance with applicable state and federal requirements
with no discharge within jurisdictional areas or to the stormwater system. If emergency
de-watering requirements arise, the applicant shall submit a contingency plan to the
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DEP FILE #242 - 1454
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.
57. 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.
58. No exposed area shall remain unfinished for more than thirty (30) days,unless approved
by the NACC.
59. 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.
60. There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line.
61. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
62. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, 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.
63. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
64. 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
65. 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.
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66. 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.
67. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
68. 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.
69. 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 fora Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior.to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" pian prepared and signed and stamped by Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations 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.
70. 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
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locations approved under DEP # 242-1454. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#51);
➢ Discharge or spillage of pollutants (Condition#64);
➢ Prohibition of underground fuels (Condition#65);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#66).
C:\Winword\OOC\boi1er1.doe 10 NACC 7/9/2009
LIMassachusetts Department of Environmental Protection 242-1454
Bureau Of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 -'Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special q a
condition,pursuant to General Conditions#4, from the date of issuance. T. Date of ssuance
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 Office, if not filing electronically, and the proper -owner, if different
from applicant. nM,
Signatur "
v
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
¢� S o�DC�cI'
On this Day of Month Year
Before me, the undersigned Notary Public, John Mabon
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
DONNA M.WEDGE ]
j . NOTARY PUBLIC
COMMOMMTHOF MASSACHUSETTS lgnature of Notary Public
Mr CW ML �•7,2009
Printed Na/me of Notary Public
Place notary seal and/or any stamp above. 'P! �z"7Geq
My Com iss n Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested, on
!J 1 ///7e''e Ci ILCr' r714/�.
Date' Date
wpaform5.doc• rev.11/08 Page 9 of 11
Massachusetts Department of Environmental Protection 242-1454
�Bu�reau of Resource Protection -Wetlands ,./ MassDEP File Number
/�
LJ\
�•PA Form 5 — Order Of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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 MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
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.11/08 Page 10 of 11
Massachusetts Department of Environmental Protection 242-1454
Bureau of Resource Protection -Wetlands MassDEP File Number
Ll
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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
this page 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:
High Street, Sutton Street 242-1454
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
Town of North Andover
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.11/06 Page 11 of 11
DEP FILE #242 - 1454
APPENDIX A -AFFIDAVIT
1. 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.
WOW
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\00C\boi1er1.doc 11 NACC 7/9/2009
a
Massachusetts Department of Environmental Protection
�,— Bureau of Resource Protection - Wetlands VWber:
WPA Form 5 - Order of Conditions 1 `� 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .2005 AUG 24 KI
A. General Information ' f`
NORTH
Important: North Andover ` )"`" '
When filling From: �. 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 Greg Swiniarski
use the return a. First Name b.Last Name c.Company
key. 326 Campbell Road
d.Mailing Address
North Andover _MA. 01845
e. City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Edward Swiniarski
a. First Name b. Last Name c.Company
326 Campbell Road
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
5. Project Location:
326 Campbell Road North Andover
a.Street Address b.City/Town
Map 106D Parcel 23
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)
1360 523
c. Book .zt,
ge
6/29/06 $` 6 g a3 tf
7. Dates: a. Date Notice of Intent Filed b.Date b Hearing Closed c.Date if Iss ante
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development and Subsurface sewage disposal system Plan
a. Plan Title
Merrimack Engineering Services, Inc. Anthony Donato, P. E.
b. Prepared By c.Signed and Stamped by
5/23/06, revised 7/14/06 1"=20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $ 800.00 $237.50 $ 562.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1366
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. 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. Z Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev,311105 page 2 of 9
Y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. El Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
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.c/y nourishmt. d.c/y 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
wpaform5.doc• rev.3/1105 Page 3 of 9
L111Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1366
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 242-1366 "
wpaform5.doc• rev.311105 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions, _
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands SEP File Number:
WPA Form 5 - Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands
bylaw or ordinance applicable? ® Yes ❑ No
Y
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more C. The special conditions relating to municipal ordinance orb law are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.311/05 Page 6 of 9
DEP FILE # 242 —1366
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
7
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),
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.
C:\Winword\OOC\326CampbellRd.doc 1 NACC 8/15/2006
DEP FILE # 242 —1366
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 isss e
u d those issued under File No. 242-1366.
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 razing of an existing single-family dwelling,in order
to construct a new single-family dwelling,with associated deck, driveway, septic
system, and other appurtenances within the Buffer Zone to a Bordering Vegetated
Wetland (BVW).
29. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Greg Swiniarski (Applicant)
326 Campbell Road
North Andover,MA 01845
Date filed:June 29,2006
Site Plans prepared by: Merrimack Engineering Services, Inc.
66 Park Street
Andover,MA 01810
Entitled "Site Development & Sewage Disposal System
Plan",dated May 23,2006 with revisions made on July 14,
2006.
Stamped &signed by Anthony Donato, P.E.
Other Record Documents: Letter prepared by Steven E. Tessler to the Conservation
Department,no date,received date 8/9/06.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
C:\Winword\OOC\326Campbel(Rd.doc 2 NACC 8/15/2006
DEP FILE # 242 — 1366
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. 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 within the
No-Disturbance zone except to remove the existing gravel driveway and a shed.
Portions of the old driveway area that is located within the 25'No Disturbance Zone
shall be loamed and seeded for permanent stabilization. Furthermore,maintenance of
this area shall not be maintained and left to vegetate naturally (See Section 3.4 &
Appendix F of the local Regulations).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The owners of the.project and their successors in title, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order.
35. 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
36. 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.
37. 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
C:AWinword\OOC\326CampbellRd.doc 3 NACC 8/15/2006
DEP FILE # 242 — 1366
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.
38. 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 #242-1366."
39. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing(at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant shall
be considered as changes. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
40. 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.
41. A check payable to the Town of North Andover shall be provided in the amount of
$3,000,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
42. Prior to any work commencingon-site, the applicant shall submit to the NACC for
pp
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control devices
and re-vegetation to be completed before other work begins on-site.
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DEP FILE # 242 — 1366
43. Prior to the commencement of any work,the proposed foundation corners shall be
staked in the field by a Professional Land Surveyor. These measurements shall be
verified by the Conservation Department during the pre-construction meeting.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 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.
47. Prior to the commencement of any work, the applicant shall permanently mark the edge
of the 25' No-Disturbance Zone with seven(7) signs or markers incorporating the
following text: "Protected Wetland Resource Area". These markers shall be installed
every 50 feet, along the 25' No Disturbance Zone, as shown on the record plan entitled,
"Site Development & Sewage Disposal System Plan",prepared by Merrimack
Engineering Services, Inc., dated May 23, 2006 REV July 14,2006. This will designate
their sensitivity and assure no further inadvertent encroachment into the wetland. These
permanent markers are available at the Conservation Department for$2.00 per marker.
The placement of said markers are subject to review and approval by the Conservation
staff. The applicant shall instruct all agents to explain these markers to buyers / lessees /
landscapers, and all persons taking over the property from the applicant.
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DEP FILE #242 — 1366
48. The applicant shall designate a Wetland Scientist as an "Environmental Monitor" (EM)
to oversee any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The
name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be contacted,
due to an emergency at the site, during any 24-hour period, including weekends. This
professional must submit a letter to the Conservation Department, on company
letterhead stating they have been retained as the project's Environmental Monitor. The
designated Environmental Monitor is subject to approval by the NACC. This person
shall also be given the authority to stop construction for erosion control purposes. The
EM 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.
49. On every MONDAY of each week,in which construction activities occurs on-site and
for as long thereafter as ground remains exposed,the applicant shall submit a written
report from the EM 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
EMC 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.
50. 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 Affidavit attached via "Appendix A" signed under the pains and
penalties of perjury,stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This document shall
apply to each of the conditions referenced herein and shall be provided to the
Conservation Department at least five (5) business days before or after to the closing of
said land transaction.
51. 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. Also at this on-site conference,the applicant,the engineer, and
the site contractor shall identify and discuss the areas of existing debris within the 25'
no-disturbance zone with the representative Conservation staff to be properly removed
during construction (condition #58) for review and approval. 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
C:\Winword\OOC\326CampbellRd.doe 6 NACC 8/15/2006
DEP FILE # 242 — 1366
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
52. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
53. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(P.L.S.) which accurately depicts the foundation location and it's proximity to wetland
resource areas as approved under this Order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval.
54. 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.
55. A crushed stone construction entrance shall be established at the proposed driveway to
minimize soil/material tracking onto Campbell Road.This entrance shall be
reinforced as necessary.
56. The Environment Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
57. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary.
58. Existing debris within the 25' no-disturbance zone shall be removed by hand and
properly disposed of to a location outside of the 25'foot no-disturbance zone as agreed
upon during the pre-construction meeting.
59. The existing gravel driveway and existing shed shall be removed as depicted on the
approved plan referenced herein. All disturbed areas beneath these areas shall be
immediately loamed and seeded for adequate stabilization. Disturbed areas within the
25' no-disturbance zone at these locations shall be immediately seeded with an
appropriate buffer zone seed mix.
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DEP FILE # 242 — 1366
60. De-watering activities anticipated shall be supervised and witnessed by the designated
Environmental Monitor (EM). This designee must be on-site while work specific to de-
watering activities are occurring and until complete. Activities shall be monitored daily
by the EM 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 under the MA Wetlands Protection Act and / or the North Andover
Wetlands 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 tank or basin, to reduce turbidity prior to discharge
into a resource area.
61. A permanent 2'x 2' dry laid field stone wall shall be constructed/installed immediately
upslope of the 25' No Disturbance Zone as shown on the approved plan referenced
herein. Although not shown on the approved plan,the same 2'x 2' high dry laid field
stone wall shall be extended immediately upgradient of the 25' no-disturbance zone
along the entire length of the 25' buffer zone to the northerly property line.
62. 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.
63. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
64. 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.
65. 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 will 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 mulch hay
until climate conditions allow for seeding.
66. There shall be no stockpiling of soil or other materials beyond the approved erosion
control line.
67. There shall be no construction vehicles stored overnight; vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of any resource area.
68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
69. All waste generated b or associated with the
g y, construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
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DEF FILE # 242 - 1366
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.
70. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day.
AFTER CONSTRUCTION
71. 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.
72. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 75 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.
73. 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.
74. Upon approval by Conservation Staff and site stabilization,the erosion controls shall
be removed and properly disposed of. All exposed areas underneath the erosion control
shall be seeded for permanent stabilization.
75. 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.
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DEP FILE # 242— 1366
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As Built"post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
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.
y A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes as disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
76. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition#32);
r Discharge or spillage of pollutants(Condition#70);
Prohibition of underground fuels (Condition#71);
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DEP FILE #242 — 1366
APPENDIX A- AFFIDAVIT
Ion oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) 1 am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
. 20--_, I inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of
perjury this day of ,20
(Authorized agent of applicant or owner)
C:AWinword\OOC\326CampbellRd.doc 12 NACC 8/15/2006
Massachusetts Department of Environmental Protection DEP File Number:
�-- Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special3 D
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issu nce
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 han delivered to the applicant. A
copy also must be mailed or hand delivered at the same ' e to the app ,pri to Department of
Environmental Protection Region e, if not filing el ronically, an fihe roperty owner, if different
from applicant.
Signatures: '
r
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
3�� Au
On this Day �f Month Year
Before me, the undersigned Notary Public, V C-fl r l MkS5-4L
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
K
W J 1NOFfIA g Signature of Notary Public
OI1MR iA11Q•7� 9 �OIJ/>� 171
Printed Name of Notary Public
Place nota seal and/or an stamp above `- / 7Z�oa�
notary y p My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery onb7— y certified ail, return receipt requested,on
a �
Date Date
wpaform5.doc• rev.311105 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1366
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry ee 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:
242-1366
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.311/05 Page 9 of 9