HomeMy WebLinkAboutMiscellaneous - 326 CANDLESTICK ROAD r"+`
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 8B - Certificate of Compliance
242-970
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Scott& Marlene Bowman
computer, use
only the tab Name
key to move 326 Candlestick Road
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Scott& Marlene
Name
7/21/99 242-970
Dated DEP File Number
3. The project site is located at:
326 Candlestick Road North Andover
Street Address City/Town
Map 106A Parcel 249
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North Instrument#30521
County Book Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent, on:
9/9/03
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.12/15/00 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B Certificate of Compliance
242-970
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
63
C. Authorization
Issued by: q
North Andover 3
Conservation Commission Dat of I suance
This Certificate must be signed by a m jonty of the Conservation Commissioncopy sent to the
applicant and appropriate DEP Regio al Office(See Appendix A).
Signatlres:
Vii
OnOf ��'�
Day Month and Year
before me personallyappeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Pubic My commissi n e ires
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B - Certificate of Compliance
242-970
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
242-970
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.12/15/00 Page 3 of 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax NewBedford Rochester Welffleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpse Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•Appendix A•rev.9/9/03 Page 1 of 1
' Massachusetts Department of Environmental Protection
DEP file Number
Bureau of Resource Protection- Wetlands
242-970
PA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw.
Applicant Information /0("',/�
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER June 24, 1999
Consevatton Commission Date
For: The public hearing was closed on:
242-970 July Z1, 1999
Project File Number Date
To:
Scott & Marlene Bowman Title and Date of final Plans and Other Documents:
/
Ap li Name 1, A r 3�to
Candlestick Road °
Mailing Address Cwb'sfl�c)k, 9)
North Andover, MA 01845 fj_� Qn
City/Town EV to —I_!
State Zip Code
The project site is located at:
North Andover
CitylTown
106A 249
Assessors MaplRat.i ParcdAot/
and the property is recorded at the Registry of Deeds for:
Essex 3651 116
County Book Page
Ceti6cate(if registered land)
Findings
Furthermore,this Commission hereby rinds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced Notice of Intent Approved subject to:
and based on the information provided in this application and /
presented at the public hearing,this commission finds that the Q the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
X Fisheries of Intent,these conditions shall control.
X Storm Damage Prevention
Prevention of Pollution
'I1 Protection of Wildlife Habitat
n , s c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-970
i di . WPA Form 5 - Order of Conditions
~- and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Findings (cont.)
debris,including but not limited to lumber,bricks,plaster,
Denied because: wire, lath,paper,cardboard,pipe,tires,ashes,refrigerators,
motor vehicles,or parts of any of the foregoing.
❑ the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the Owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any (or,"MA DEP")"File Number
exclusive privileges;it does not authorize any injury to 242-970 „
private property or invasion of private rights.
Project File Number
3. This Order does not relieve the permittee or any other
person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a parry to all agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years,from the date of issuance, If this Order is intended special conditions:
to be valid for more than three years,the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed) :
Order.
5. This Order may be extended by the issuing authority for rale
one or more periods of up to three years each upon 9 —
application to the issuing authority at least 30 days prior to Da�cm
`
the expiration date of the Order. 6T I 1 es RPLS
6. Any fill used in connection with this project shall be clean S'ned and Stamped by
fill. Any fill shall contain no trash,refuse,rubbish,or �61-* l ndoye. NhgeXyl4h
on file with
n..,...�..s c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-970
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L, C. 131, §40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.An changes to the plans identified in Condition#12 above furthermore,the
Y ge
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. conservation commission
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of
any data deemed necessary by the Conservation Commis-
sion or Department for that evaluation. Name and citarionofmunicipal law,bylaw,or ordinance
Therefore,work on this project may not go forward unless
15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to-meet these
this Order and to any contractor other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Orderer..
C 'that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law,bylaw,or ordinance,specifi-
adjacent to a Bordering Vegetated Wetland,the boundary of ally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place, 12 Code v
the wetland boundary markers shall serve as the limit of Name and citation of mu cipallaw,bylaw,or nce
work(unless another limit;of work line has been noted in
the plans of record)and be maintained until a Certificate of
Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed
in accordance with the said additional conditions and with
sion.
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intent,the conditions shall control.
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw,or
erosion controls on a daily basis and shall remove -
accumulated sediments as needed. The applicant shall ordinance:
immediately control any erosion problems that occur at the S' a ('OYIG�a M's
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.
Special Conditions(Use additional paper if necessary)
6 �br jUJ C e4 17AY S
n......0..c c
DEP FILE #242 -970
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and
Regulations, to protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and with the Notice
of Intent referenced below. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
GENERAL CONDITIONS
18.Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19.This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Order of Conditions, the Act (310 CMR 10.00), the North
Andover Wetland ByLaw and Regulations, and may require any information,
measurements, photographs, observations, and/or materials, or may require
the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent
or DEP determines that any of the work is not in compliance with this Order of
Conditions. Work shall not resume until the NACC is satisfied that the work
will comply and has so notified the applicant in writing.
20.This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
21.The work authorized hereunder shall be completed within three years from
the date of this order.
22.This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section V111
(B)(p.33) of the North Andover Wetland Regulations).
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DEP FILE #242 - 970
23.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new
conditions or information so warrant.
24.Where the Department of Environmental Protection (DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
25.The NACC previously denied this project under Dep#242-961.
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: construction of an inground pool,
concrete apron, fence, associated grading and 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: Scott&Marlene Bowman-applicants
Dated June 24, 1999
Site Plans prepared by: Scott Giles, R.P.L.S.
Dated 4-28-99, REV 6-22-99
Signed and Stamped by: Scott Giles, R.P.L.S.
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.
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DEP FILE #242 - 970
31.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
32.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25`) No-Disturbance Zone and a fifty foot (50`) No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. 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.
33.There shall be no increase in the post development discharges from the
storm drainage system or any other changes in post development conditions
that alter the post development watershed boundaries as currently depicted
in the Notice of Intent and approved by this Order of Conditions, unless
specifically approved in writing by the Commission.
34.This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
35.The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and
its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any
way imply or certify that the site or downstream areas will not be subject to
flooding, storm damage or any other form of water damage. Maintenance of
the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
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.
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DEP FILE #242 -970
PRIOR TO CONSTRUCTION
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 besubmittedto 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
Department of Environmental Protection, File Number 242-970.
Expiration date=-----."
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. 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.
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DEP FILE #242 - 970
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 compensation and retention 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 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.
44.A row of double staked hay bales backed by trenched siltation fence shall
be placed between all construction areas and wetlands. The erosion control
barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC. The NACC
reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation
be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
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DEP FILE #242 -970
45.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 20 extra 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.
46.A check payable to the Town of North Andover shall be provided in the
amount of$1,500 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 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 prior to the
closing of said land transaction.
C:\Winword\OOC\242970.doc 6 NACC 7/14/99
DEP FILE #242 - 970
48.Once these above mentioned pre-construction requirements are
complete, the applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site conference
with an NACC representative, the contractor, the engineer, wetland
scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction
contracts, subcontracts, and specifications dealing with the work proposed
and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction
and to ensure compliance with this Order. A reasonable period of time shall
be provided as notice of the pre-construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
49.Upon beginning work, the applicant shall submit written progress reports
every other 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.
50.De-watering activities shall be conducted as shown on the approved plans.
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.
51.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.
52.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
53.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.
CAWinword\00C\242970.doc 7 NACC 7/14/99
DEP FILE #242 -970
54.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
55.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
56.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject to protection under the Act or
local ByLaw.
57.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
58.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.
59.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.
60. Pool chemicals shall be stored in the garage, off of the floor and sealed as
depicted on the Plan of Record dated 4-28-99, REV 6-22-99.
C:\Winword\OOC\242970.doc 8 NACC 7/14/99
DEP FILE #242 -970
61.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.
62.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A— "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a 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 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.
➢ 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 gny disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
CAWinword\00C\242970.doc 9 NACC 7/14/99
DEP FILE #242 - 970
63.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-
970. Future work within 100' of existing wetland resource areas
will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local
ByLaw;
➢ Discharge or spillage of pollutants (Condition # 57);
➢ Prohibition of underground fuels (Condition #58);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #59).
CAWinword\OOC\242970.doc 10 NACC 7/14/99
DEP FILE #242 - 970
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. 1 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.
Wor
2. 1 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
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\00C\242970.doc l I NACC 7/14/99
Massachusetts Department of Environnwntai Protection
Bureau of Resource Protection- Wetlands 242-970
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
c Findings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 21st
from the date of issuance.
July 2l, 1999 day of July
Date
Month
1999
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail Year
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A ccoy also must be mailed or hand delivered at the same Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
Notary Public
December 11, 2003
My commission expires
This Order is issued to the applicant as folows:
(o ❑ by hand delivery on
Date
❑ by wt nail,MkK4krIj%*RqVqgW,on
July 22, 1999
Date
Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject,to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Superseding Order of Conditions.The request 10.00
Office to issue a Su ).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E: Request for Departmental Action fee Transmittal no appellate jurisdiction.
Form, as provided in 310 CMR 10,03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
rl...... A ..f G
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-970
. WPA Form 5 - Order of Conditions and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw.
0 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 shall be submitted to the
Conservation Commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
----------------------- -----------
To:
Conservation Commission
Please be advised that the Order of Conditions for the project
at
Project Location DEP File Number
has been recorded at the Registry of Deeds of
County
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 which identifies this
transaction is
Inswment Number
If registered land,the document number which identifies this
transaction is
Documern Number
Signature ofApoiicark
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242- 970
WPA Appendix E .Request for Departmental Action Fee Transmittal Form
fdo and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Please type or
print clearly all ' Request Information
information
requested on this
form. 1. Person or parry making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,or Request for Determination
of Applicability):
Name
Name
Mailing Address
Mailing Address
cty/Town
City/Town
state Zip Code
state Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
street Address
City/Town
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEP regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicant,if he/she is not the appellant.
Massachusetts Department of Environmental Protection pFp File Number
' Bureau of Resource Protection- Wetlands
VlIPA Form 5 - Order of Conditions 242-961
for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER April 23- 1999
Consavation Commission Date r
For. The public hearing was closed on:
242-961 May 19, 1999
Project File Number Date
To:
Title and Date of final Plans and Other Documents:
Scott & Marlene Bowman
Applicaa Name
326 Candlestick Road i Q9
Maifirg Address J—
AP-a+
North Andover, MA 01845 tf q e
Cdy/Town 51/111
state Zip Code
The project site is located at:
NORTH ANDOVER
City/Town
Map 106A, Plat 249
Assessors Mao/Plat A Parcef/Lot I
and the property is recorded at the Registry of Deeds for:
Essex North 3651 116
Courcy Book Page
Certificate(ifreglstered land)
Findings
Furthermore,this Commission hereby finds that the project,as
Findings pursuant to the Massachusetts Wetlands proposed,is:
Protection Act: (check one of the following boxes)
Following the review of the above-referenced'Notice of Intent Approved subject to:
and based on the information provided in this application and
presented at the public hearing,this commission finds that the ❑ the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
LX Groundwater Supply conditions attached to this Order.To the extent that the
Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
)� Fisheries of Intent,these conditions shall control.
1ILStorm Damage Prevention
Prevention of Pollution
Protection of Wildlife Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-961
WPA Form 5 - order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw.
Findings (cont.)
debris, including but not limited to lumber, bricks,plaster,
Denied because: wire, lath, paper,cardboard,pipe,tires,ashes, refrigerators,
motor vehicles,or parts of any of the foregoing.
5Q the proposed work cannot be conditioned to meet the
performance standards set forth in the wetlands regulations 7. This Order does not become find until all administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the
Notice of Intent is submitted which provides measures Department have been completed.
which are adequate to protect these interests,and a final
Order of Conditions is issued. 8. No work shall be undertaken until the Order has become
final and then has been recorded in the Registry of Deeds or
R the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case
the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the
Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the
and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the
provides sufficient information and includes measures case of registered land,the Final Order shall also be noted
which are adequate to protect the Ad's interests,and a final on the Land Court Certificate of Title of the owner of the
Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording
information which is lacking and why it is necessary is information shall be submitted to this Conservation
attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which
form must be stamped by the Registry of Deeds,prior to the
General Conditions commencement of the work.
1. Failure to comply-with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square
all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the
deemed cause to revoke or modify this Order. words,
"Massachusetts Department of Environmental Protection"
2. The Order does not grant any property rights or any [or, "MA DEP"] "File Number
exclusive privileges; it does not authorize any injury to 242-961
private property or invasion of private rights.
Project File rVumber
3. This Order does not relieve the permittee or any other
person of the necessity of complying with all other
applicable federal, state,or local statutes,ordinances, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a parry to ail agency proceedings and
4. The work authorized hereunder shall be completed within hearings before the Department.
three years from the date of this Order unless either of the
following apply: 11.Upon completion of the work described herein,the applicant
(a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA
for in the Act;or Form 8A)to the Conservation Commission.
(b)the time for completion has been extended to a
specified date more than three years,but less than five 12.The work shall conform to the following attached plans and
years, from the date of issuance. if this Order is intended special conditions:
to be valid for more than three years, the extention date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed) :
Order. t
5. This Order may be extended by the issuing authority for True
one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to
paro� —
the expiration date of the Order.
6. Any fill used in connection with this project shall be clean Signed and Stamped by
fill. Any fill shall contain no trash,refuse, rubbish,or
On file with
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-961
. WDA Form 5 - Order of Conditions and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 737, X40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law, bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. consmationCommission
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
and Department of Environmental Protection shall have the )t that the proposed work cannot be conditioned to meet the
right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw,
reasonable hours to evaluate compliance with the condi- specifically
tions stated in this Order,and may require the submittal of ((11 __
any data deemed necessary by the Conservation Commis- 1'1 �-0 bX-1A 6*_Y.
sion or Department for that evaluation. Name Je atxiondm ,icipal/M.bylaw,orordfnance
Therefore,work on this project may not go forward unless
15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which
interest or successor in control of the property subject to provides measures which are adequate to meet these
this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Order.
[I that the following additional conditions are necessary to
16. Prior to the start of work,and if the project involves work comply with a municipal law, bylaw,or ordinance,specifi-
adjacent to aBordering Vegetated Wetland,the boundary of cally
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 serve as the limit of Name and dation of municipal law,bylaw,crordirance
work(unless another limit of work line has been noted in
the plans of record)and be maintained until a Certificate of
Compliance has been issued by the Conservation Commis- The.Commission orders that all the work shall be performed
in accordance with the said additional conditions and with
sion.
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation or other means. At no time shall sediments of Intent,the conditions shall control.
be deposited in a wetland or water body. During construc-
tion,the applicant or his/her designee shall inspect the
Additional conditions relating to municipal law,bylaw;or
erosion controls on a daily basis and shall remove
accumulated sediments as needed. The applicant shall ordinance: II
immediately control any erosion problems that occur at the asly p d Gly
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.
Special Conditions(Use additional paper if necessary)
slu + ue)\J d a D c
DEP FILE #242 -961
DENIAL
(DEP #242-961)
FINDINGS OF FACT:
Overview:
The applicant filed a Notice of Intent with the North Andover Conservation Commission
(NACC) on April 23, 1999; an initial public hearing was held within the 21 day time
requirement (May 5, 1999) and was posted appropriately in the North Andover Citizen.
With the applicant's consent,this agenda item was then continued to the 5/19/99 public
meeting. The wetland delineation depicted on the plan of record was approved in the field
by the Conservation Administrator and accepted by the NACC. The public hearing was
closed on May 19, 1999.
North Andover Wetland ByLaw& Regulations (C. 178 Code of North Andover)
Areas subject to protection under the ByLaw differ from those protected under the Act in
that additional areas are protected by this ByLaw. The additional areas subject to
protection under the ByLaw include the 100 Buffer Zone, smaller ponds, ephemeral pools
and certain freshwater wetlands that may not meet the definition of BVW's under the Act.
As described in the Notice of Intent,the applicant was seeking an Order of Conditions
proposing construction of an inground pool with associated grading, concrete apron and
fence within the Buffer zone of a BVW. Minor grading and the fence were proposed
within the 25'No Disturbance Zone. The concrete apron and inground pool were
proposed in the 50'No Construction Zone. Section IH(D)(4)(a)(b) of the North Andover
Wetland Regulations references and describes the 25'No-Disturbance and 50'No-
Construction Zones. No activity is allowed in the No-Disturbance Zone and building
construction of any kind is prohibited in the No-Construction Zone. This includes but is
not limited to dwelling construction, porches, decks, additions, pools, septic systems
and/or sheds. Driveways, roadways and fences may be allowed in the No-Construction
Zone when no other feasible alternative exists.
The imposition of these additional zones is established since, in the considerable body of
experience of the Commission, alteration of land immediately adjacent to a wetland
invariably results in the alteration of the wetland itself. Such wetland alterations have been
observed during construction such as siltation, over-grading or depositing construction
debris. Such alterations have been observed after construction from improper land use
such as unregulated filling, cutting of vegetation, extension of lawns or the depositing of
yard waste. Such alterations have been observed resulting in increased runoff, siltation
and temperature or nutrient loading resulting from the change in land use immediately
adjacent to the wetland. These subsequent alterations cannot be regulated without the
imposition of the restricted zones detailed above. Since the Commission cannot allow
CAWinword\00C\242-961.doc 1 NACC 6/9/99
DEQ'FILE#242-961
unregulated alteration of wetlands,these restricted zones will likely be imposed on all
projects. Such findings have compelled the Commission to engage in research into the
literature and regulations concerning the function and necessity of such zones.
The applicant failed to overcome a strong presumption of adverse impact on the adjacent
wetlands and their functions and values. Therefore, after careful review of the information
presented by the applicant at the public hearing,the NACC DENIES the applicant's
request to construct an inground pool, concrete apron, fence and associated grading in
the locations shown on the plan of record entitled"Plan of Land"prepared by Scott L.
Giles., dated REV 5/11/99. The applicant may propose alternative projects of
improvements to the plan in a new Notice of Intent.
CAWinword\OOC\242-961.doc 2 NACC 6/9/99
DEP FILE#242-961
Record Documents:
Notice of Intent filed by(applicant): Scott& Marlene Bowman
326 Candlestick Road
North Andover,MA 01845
Plans prepared by: Scott L. Giles,ILP.L.S
Entitled "Plan of Land"
DATED REV 5/11/99
CAWinword\OOC\242-961.doc 3 NACC 6/9/99
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-961
NAPA Form 5 - Order of Conditions North Andover Wetland
and N 1 d
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Windings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 2nd
from the date of issuance.
June 2' ,1999 day of June
Date
Moth
This Order must be signed by a majority of the conservation ear 1999
commission.The Order must be mailed by certified mail r
(return receipt requested)or hand delivered to the applicant. before me personally appeared
A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
— executed the same as his/her free act and deed.
Notary Public
December 11, 2003
My commisstonexpires
This Order is issued to the applicant as follows:
❑ by hand delivery on
I
Dare
❑
by&4tM maiP€e€RM on
June 9, 1999
Date
LI Appeals
The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to
any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located, are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
fl...... A ..t C
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-961
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
protection Bylaw.
Us 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 shall be submitted to the
NORTH ANDOVER
Conservation Commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
————————————— ------ -- --——————————
To:
Conservation commission
Please be advised that the Order of Conditions for the project
at
FYojea Location DEP File Number
has been recorded at the Registry of Deeds of
County
and has been noted in the chain of title of the affected property
in
&ok
Paae
in accordance with the Order of Conditions-issued on
Date
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 ofAppiicant
n c-1:c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-961
NAPA Appendix E . Request for Departmental Action Fee Transmittal Form
i 1 and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested on this
form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice
citizen group's representative): of Resource Area Delineation,(3r Request for Determination
of Applicability): ;
Name
Name
Mailing Address
Mailing Address
City/Town
City/Town
State Zip Code
State Zip Code
Phone Number
Phone Numbff
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
Strew Address
Qty/Town
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and
concisely the objections to the Determination or Order
❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina-
❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check or money
Dept.of Environmental Protection order with the Request for a Superseding Determination or
Box 4062 Order by certified mail or hand delivery to the appropriate
Boston,MA 02211 DEP regional office as listed in Appendix A.
4. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commis-
sion and to the applicant, if he/she is not the appellant.
*Note:
IF YOU WISH TO APPEAL THIS DECISION UNDER THE NORTH ANDOVER WETLAND
PROTECTION BYLAW AND REGULATIONS IT MUST BE FILED WITH SUPERIOR COURT.
310 CMR 10.99 Ftf
Foran B �0 f` �tV'Eft DEP File No. 242- 461
t
(To oe orovioed by DEP)
�t 56 North Andover
_ ,. Commonwealth City town
PMG Properties/Tom Laudani
c
- 0 of Massachusetts Applicant
Lot 42 Candlestick Road
Partial Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission issuing Authority
To Tom Laudani P-M.r Prnna•, ti 50 Copley Drive, Methuen, MA 01844
(Name) (Address)
Date of Issuance July 29 1992
This Certificate is issued for work regulated by an Order of Conditions issued to Robert Janusz
dated_ 5/31188 ?rad issued by the NACC
1. It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. J�Xx It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 42 ONLY.
3. 0 It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Nonce of Intent
and receiving anew Order of Conditions.
..................................................................................,......................................... ..
(Leave Soace Bunk)
8-1 '
Effective 11/10/89
r
4. 9kx This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on 5/31/88 (date)
at the Registry of Deeds, Northern Essex , gook 2781 , Page 117.
5, q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring,which are to continue for a longer period.)
Issued by North : ndover Conservation Commission
i
Signature(s)
VT
y
OVw -4__
When issued by the C nservation Commision this Certificate must be signed by a majority of is members.
On this day of . 19 , before me
personally appeared JPJ .to me known to be the
person described in an who executed the foregoing instrument and acknowledged that heishe executed
the same ds his;her free act and deed.
*Notary My commission expires
Detach on dotted line and submit to the_ NORTH ANDOVER CONSF.RVATTON nFFTrF
.......................................................................................................».....................»»...........»...................................................................
To NACC issuing Authority
Please be advised that the Certificate of Compitance for vm protect at: Lot 42 Candl es irk R na A
FileNumoer 242-461 has been recordedatthe Registry of Deeds, Northern Essex
and has been noteo in the chain of tale of:he affected oroverty on . 19
It reccroeo lanc.:ne instrument numoer which Poentmes this transac:ion is
if registered land.the cocument numoer wnicn identities thus transaction is
Signature aooucant
310 CMR 10.99
¢q'�fitt 4ti i 3q'g
Form 8DEP File No. 242- 506
hll
;� it
4
.�� �►! _� fTo De Drovioed by DEP)
AUG North Andover
Commonwealth C��y�own
-(=' of Massachusetts Aooucanl Robert Janusz
L Lot 42 Candlestick Road
Partial Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
To Robert Janusz 40 Sunset Rock Rd AndnvPr, Mn_
(Name) (Address)
Date of Issuance July 29, 1992
This Certificate is issued for work regulated by an Order of Conditions issued to Robert Tgn„C2
dated July 13, 1989and issued by the NAGG
1. Q It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
X It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 42 ONLY.
3. 0 It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to reaulation under the Act may be commenced without filing a new Nonce of Intent
and receiving a new Order of Conditions.
............................................................................. .....
(Leave SDace Blank)
s-1
Effective 11/10189
f
a. EKX This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located.The Order was originally recorded on July 13, 1989 (date)
at the Registry of Deeds, Northern Essex , gook 2781 , Page 117
5. Q The following conditions of the Order shall continue. (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring,which are to continue for a longer period.)
Issued by NqXth Andov Conservation Commission
Signature(s)
OVW .4-
When issued by th Conservation Commision this Certificate must be signed by a majority of is members.
On this_4z of �� &7z- , 19�, before me
personally appeared ,to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heishe executed
the same as his/her free act and deed.
lzl�� a 64a,���
� .
Notary Public My commissi expires
Detach on dotted line and submit to the NORTH ANDOVER CONSERVATION OFFICE
...................................................................................................................................».............................................................................
To NACC Issuing Authority
Please be advised trial the Certificate of Compiiance for the Protect at. Lot 42 Candlestick Road
FileNumDer 242— 506 has been recorded at the Registry of Deeds, Northern Essex
and has been notes in the chain of title of the affected orocerty on y
it reccroeo tanc.ne instrument numoer wnicn ioentithes tnis transaction is
I:registerea land,the cocument numoer wnicn identifies this transaction is
Signature aooucant