HomeMy WebLinkAboutMiscellaneous - 345 BERRY STREET Town of North Andover , NORTy
OFFICE OF o� •, `•' '''A,a
COMMUNITY DEVELOPMENT AND SERVICES -
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North Andover, Massachusetts 01845
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MODIFICATION TO
ORDER OF CONDITIONS
File No. 242-964
Project: 345 Berry Street
The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on
August 4 , 1999 agreed to accept I Iew p la"J?Rec-O K �..
J
as a Modification to the
Order of Conditions issued in file 0 242- 964 dated June 16, 1999
Instrument 424620
and recorded in 1�6Xf and 1yKtxc
Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
On this 4th day of August 1999 before me personally
appeared Albert P. Manzi, Jr. 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.
December 11, 2003
Notary Public My Commission Expires -
A receipt from the Registry of Deeds must be submitted to , this
office showing that this Modification has been recorded and '
referenced to the Book and Page numbers where the original Order
242- 964 was recorded.
954(;
Massachusetts Department of Environmental Protection DEP File Number
• Bureau of Resource Protection- Wetlands
242-964
WPA 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
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER May 21, 1999
consff-vanon Commiss on Date
For: The public hearing was closed on:
242-964 June 2, 1999
Pmjea file Numbs• nate
To:
Title and Date of final Plans and Other Documents:
Daniel & Jeanmarie Goudreaulty}Der ,s D (�
Applicaru Name 1 T.� ryiL `,I YL 1 ��Y� TOY 3�-5 t�l2l S •
345 Berry Street
Mailing Address p ry&adb�
North Andover, MA 01845 ��
CglTown
State zip code
The project site is located at:
NORTH ANDOVER
CitylTown
108C 5A
Assessors MOPat f ParcellLot N
and the property is recorded at the Registry of Deeds for:
Essex 1918 241 _
Courcy Book Page—
avirnte,ifregistered 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 Zthe 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 ail 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
EZ following General Conditions,and any other special
Q Private Water Supply
I?Groundwater Supply conditions attached to this Order.To the extent that the
I�
following conditions modify or differ from the plans,
[9 Flood Control
Land Containing Shellfish specifications,or other proposals submitted with the Notice
❑
ElFisheries of Intent,these conditions shall control.
CZStorm Damage Prevention
I Prevention of Pollution
(e Protection of Wildlife Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-964
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 find until all administrative
to protect those interests checked above. Therefore,work appear 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 242-964
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,butdess 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.
s
5. This Order may be extended by the issuing authority for rid
one or more periods of up to three years each upon " r-1.
application to the issuing authority at least 30 days prior to Da
the expiration date of the Order. -1 av
TO ,
6. Any fill used in connection with this project shall be clean Signed a ampeabyn� R.C.
fill. Any fill shall contain no trash,refuse, rubbish,or n/9 v44, 'D VV_ / "/m an"I,
on file with
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Form 5 - Order of Conditions 242-964
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.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. conswanoncommission
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 citation of municipal law,bylaw,or ordinance
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless
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 r other person perform- standards,and a final Order of Conditions is issued.
trig work conditioned by this Order.
91 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, CJ,0,1-7 CO l\J i
the wetland boundary markers shall serve as the limit of Name and citation ofm icipallaw,bylaw,orordi rice
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 .
ordinance:
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.
Special Conditions(Use additional paper if necessary)
DEP FILE#242 - 964
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 proposalssubmitted 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, shalt 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 extendedbythe 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.
23.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new
conditions or information so warrant.
CAWinword\00C\242-964 1 NACC 6/18199
DEP FILE #242 - 964
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 conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
26.The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the issuance
of a Certificate of Compliance.
27.The 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: Daniel and jeanMarie Goudreault(applicant)
345 Berry Street
North Andover, MA 01845
Dated May 21, 1999
Site Plans prepared by: Hancock Engineering Associates
Signed and Stamped by: Craig Vancura RPLS and Vaclav Talacko, P.E.
Dated May 17, 1999
28.The proposed work includes: Construction of a 24' by 24'garage and
breezeway with assocated grading and reconfiguration of driveway within the
Buffer Zone of a Bordering Vegetated Wetland (BVW).
29.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.
30.The NACC agrees with the applicant's delineation of the wetland resource areas
on the site as shown on the plans dated referenced herein.
CAWinwor&000242-964 2 NACC 6/18/99
DEP FILE # 242 - 964
31.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource areas.
In order to prevent any alteration of wetland resource areas a twenty five foot
(251 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.
32.There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter
the post development watershed boundaries as currently depicted in the Notice
of Intent and approved by this Order of Conditions, unless specifically approved
in writing by the Commission.
33.This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
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 proposeddrainage 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 imply or certify that
the site or downstream areas will not be subject to flooding, storm damage or
any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the
Town.
35.Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other
form of water damage.
C:\Winword\00C\242-964 3 NACC 6/18/99
DEP FILE #242 - 964
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 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 Department of
Environmental Protection, File Number 242-964."
39.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.
40.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.
CAWinword\00C\242-964 4 NACC 6/18/99
DEP FILE #242 -964
41.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.
42. A row of staked hay bales backed by trenched siltation fence shal l 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.
43.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 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.
CAWinword\00C\242-964 5 NACC 6/18/99
DEP FILE #242- 964
44.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.
45.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
46.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).
CAWinword\00C\242-964 6 NACC 6/18199
DEP FILE #242 - 964
DURING CONSTRUCTION
47.Immediately upon the pouring of the foundation and prior to any other activity
on site, the applicant shall be responsible for completing a plan prepared by a
Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the
foundation location and it's proximity to the wetland'resource area as approved
under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
48.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.
49.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.
50.No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
51.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.
52. There shall be no stockpiling of soil or other materials within twenty-five(25)
feet of any resource area.
53.Washings from concrete trucks,or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
54.Al l 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.
55.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
CAWinword\000242-964 7 NACC 6118/99
DEP FILE #242-964
56.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
�M! - I �;J
57.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.
58.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.
59.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 into 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 Civil Engineer and Registered Professional land Surveyor
of the Commonwealth, for the public record. This plan will include:
CAWinword\00C\242-964 8 NACC 6/18/99
DEP FILE #242 - 964
➢ "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 any disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
59 .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# 242-964. Future
work within 1 00' 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 # 56);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Condition #57).
CAWinword\OOC\242-964 9 NACC 6/18/99
DEP FILE #242- 964
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\OOC\242-964 10 NACC 6/18199
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-964
WPA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condition Pursuant to General Conditions#4
l th
from the date of issuance.
June 16, 1999 day of June
Date
MOMh
This Order must be signed by a majority of the conservation
1999
commission.The Order must be mailed by certified mail Year
(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.
Not Public
Tffecember 11, 2003
My commission exprres
This Order is issued to the applicant as foilcsws:`
❑ by hand delivery on
et
Dare
❑ by b mail,r:6ffir &W?i4 AM,on
June 17, 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,§4
0
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR
Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10,03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
n.,,.., a,.t c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-964
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw.
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
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
Instrument Number
If registered land,the document number which identifies this
transaction is
Document Number
Signature of Applicant
n C'rC
Massachusetts Department of Environmental Protection 242-964
Bureau of Resource Protection- Wetlands
WPA Appendix E . Request for Departmental Action Fee Transmittal Form
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 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,br Request for Determination
of Applicability):
Name
Name
Mailing Address
MailingAddtess
City/Tdwn
CdylTown
State Zip Code
State Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP file Number..
StradAddress
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.
310 CMR 10.99
Form 5 1 r 1 DEP F"to. 242-584 - 1
. (To in orve ow oy DEF)
—* North Andover
L Commonwealth C,ryTown
of Massacnusetts Aowcant Riding Realty Trust
F Lot 5A Berry Street-
Order
treetOrder of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NngTu allnni7yp CONS RVATTON COMMISSION
To Riding Realty Trust Same
(Name of Applicant) (Name of property owner)
242 Neck Road
Address Haverhill, MA 01830 Address
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on 7-- -- (date)
0 by certified mail. return receipt requested on (date)
This project is located at Lot 5A Berry Street
The property is recorded at the Registry of Deeds, Northern Essex
Book 1918 Page 241
Certificate(it registered) --
The Notice of Intent for this project was filed on April 21, 1992 (date)
The public hearing was closed on May 27, 1992 (date)
Findings
The North Andover r nnQPryati on Commission has reviewed the above-reterenced Notice of
Intent andptans and nas nets a auoliC heanns on the project Based on the information avaiiaale to the
NACC at this time.the NAG( has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Sionificance set forth in the reguiattons for each Area Subject to Protec.ion Under the
Act(check as appropriate): Ch.178 Prevention of erosion and sedimentation
Pubic water supply Flood control tU Land containing shellfish
Private water supply Storm damage prevention MK Fisheries
LM Ground water supply 13 Prevention of poilution M Protection of wildlife habitat
Ch. 178 0 Wildlife Ch.17Ia Recreation
Total Fling Fee Submitted State Share
Cityi7own Share '1137-50 ('/-- fee in excess of 525)
Total Refund Due S City/Town Portion S State Portion S
(1/2 total) (1/2 total)
Effective 11110/89
j #242-584 Lot 5A Berry Street 2
Therefore, the North Andover Conservation Commission (hereafter
n u
the NACC ) hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations and the requirements of the Town Byhaw
and Regulations to protect those interests checked above. . The
NACC orders that all work shall be performed in accordance with
said 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.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shallbe
deemed cause to revoke or modify this Order.
2 . This 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 doesnotrelieve 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.
4 . The work authorized hereunder shall be completed within three
years from the date of this Order,
5. 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 30 days prior to the expiration date
of the Order.
6. 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 of any of the foregoing.
7. 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. This Order shall be recorded by the
applicant at the Registry of Deeds immediately after the
expiration of all appeal periods.
8. No work shall be undertaken until the Final Order has been
recorded in the Registry of Deeds ,o o rt o the
g Y
r the Land for Court
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
#242-584 Lot 5A Berry Street 3
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.
9. 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 242-584" .
10. Where the Department of Environmental Protection 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.
11. Upon completion of the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12 . The work shall conform to the following plans/documents
(except as noted in the remainder of this document where
revisions may be required) :
(a) Notice of Intent filed by Riding Realty Trust, 242 Neck Road,
Haverhill, MA
(b) Plans prepared by Thoams E. Neve Assoicates, Inc; Drawing No
S-962-5A dated Feb. 19, 1992, revised April 2, 1992.
13. The following wetland resource area, is within the 100' buffer
zone of the proposed work: bordering vegetated wetland. These
resource areas are significant to the interests of the Act and
Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
14 . The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
April 2, 1992 .
PERFORMANCE & DESIGN STANDARDS
15. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a single family
home as outlined on plans will cause further alteration of the
#242-584 Lot 5A Berry Street 4
wetland resource areas. In order to prevent any alteration of
wetland resource areas beyond those proposed in the Notice of
Intent and approved herein, a twenty-five (25) foot no-
disturbance zone and a fifty (50) foot no-construction zone shall
be established from the edge of the adjacent wetlands. No
disturbance of existing grade, soils or vegetation is permitted
in the no-disturbance zone with the exception of the area of flag
#13 where 20 feet willbeallowed.
16. No earthen embankment in the buffer zone shall have a slope
steeper than 2: 1 (horizontal:vertical) . Any slopes of steeper
grade shall be rip-rapped to provide permanent stabilization.
Slopes on the inside of the proposed detention basin shall be no
steeper than 1: 1
CHANGES
17. Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned 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.
18. 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
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
CONSTRUCTION
19. 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 and the -
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor' s written contract. 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.
#242-584 Lot 5A Berry Street 5
20. Prior to any activity on site, the applicant shall submit a
construction schedule/sequence to the NACC detailing the proposed
sequence of work on site to complete this project.
21. Upon beginning work, the applicant shall submit written
progress reports every three (3) months 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.
22 . Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
23. Prior to any activity on the site, a row of staked hay bales
backed by a siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier
will be properly installed and placed per the plan 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 permanentlystabilizedto prevent erosion. All erosion
prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the
NACC.
24. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty (20) 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.
25. 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
sodding, or by loaming, seeding, and mulching according to Soil
Conservation Service standards. If the latter course is chosen,
stabilization will be considered once complete vegetative cover
has been achieved.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
28. 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
#242-584 Lot 5A Berry Street 6
notified by the applicant as soon as practical. 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.
29. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
30. 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 applicantshall maintain dumpsters or
other storage vessel at the site for the storage and removal of
such spent construction materials off-site.
31. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS
32. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
33 . Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
34. 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.
35. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town of"North Andover's Wetland
Protection ByLaw.
36. 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.
37. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3000.00 which
#242-584 Lot 5A Berry Street 7
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer before commencement of work. Said bond or
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 oftheproject, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond 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.
38. In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer or Land Surveyor certifying
compliance with this Order of Conditions and the approved plans
referenced herein (or approved revisions) . A stamped "As-Built"
topographic plan of all areas within the jurisdiction of the
Wetlands Protection Act and Bylaw shall be submitted when a
Certificate of Compliance is requested. This plan will include:
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
C. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project
28 . Discharge or spillage of pollutants.
34 . Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
w ,
w
Issued By North Andover Conservation Commission
Signature(s)
C -
This Order must be signed by a majority of the Conservation Commission.
On this daLQf 19 before me
personally appeared tome known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/tier free act and deed.
rotary PUubfic4a
My commissioniffpires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done,or any ten residents of the city or town in which Such land is located,are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Order,providing the reouest is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant. •
If you wish to appeal this decision under the Town Bylaw, a complaint must
be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To NORTH ANDOVER CONSERVATION COMMISSION !ssu ng Aumorily
Please be advised that the Order of Conditions for the protect at _LGIt5A BPrvy Stxeefi
File Numoer 242-584 has been recorded attire Registry of Deeds, North rn F.GGPx anC
has been noted in the chain of tale of the affected property in accordance with General Condition 8 on 19
If recortled land. the instrument number which identities this transaction is
If registered land.the document number which identifies this transaction is
Signature aporicani
5-4A