HomeMy WebLinkAboutMiscellaneous - 557 BOXFORD STREET 310 CMR 10.29 MF j s
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of Massacnuset,s Tompkins, William & Susan
Acmcant
_. 557 Boxford Street
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
To R. J. Pica Eng. Co. , Inc. William & Susan Tompkins
(Name of Applicant) (Name of property owner:
119 Newton Road 557 Boxford Street
Plaistow, NH 03865 North Andover, MA 01845
Aecres= Address
This Cicer is:ssued and delivered as follows:
❑ by hand deliveryto acciicant or representative on (Cate!
Ct by certtfiec mail.return receiet reouestec on P354 489 691 (Cate!
This oro;ect is iocateC at 557 Boxford Street
The croceny is reccrced at ine Registry of Deeds, Northern Essex
BccK - Page
Certricate (if registered)
The Abbreviated Notice of Intent
The Notice of Intent for tn:s orolec:was filec on August 24, 1994 (cafe!
The outfit nearing was closed on September 21, 1994 (date!
Fincinas
The North Andover Conservation Commission
nos reviewed the above-referencedNotice of
Intent anc=:ans ani nas neic a«untic.neanng on Me c:a;e=:. 32sea on the infonrauon avaiiao!e to the
NACC at this time, the NACC has eeterminec that
the area on wnicn the or000sec work is to be cone is significant to the following interests in acccrcance with
the Presumctions of Significance set Conn in:tie reguia:sons:or each Area Suoteot to Prote=ton Unger the
Ac:!C:ecic as acarooniatei: Ch.178 OR prevention of erosion and sedimentation
Putlila water suc«iy Flood control t=1 Land containing snell,istt
I Private water sucPty Storm camage prevention ❑ Fisheries
(g Ground water supply 92 Prevention of pot
luuon Ptotec--on of
wildlife habimt
C 8 Wildlife Ch.17 a reation
Total Fling Fee Sub0 State
mtti Share�L�.
Citvr sown Share ('/-- fee in excess cf ;:i
Total Retunc Due S C*itylTown Portion 5 State Portion 5
(1/I total) ('/z 101211
#242- '71V 557 Boxford St. 2
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 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, shall be
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 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.
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. 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.
7. The proposed work includes the repair of an existing septic
system.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by William and Susan Tompkins
(b) Plans prepared by RJ Pica Engineering Company Inc.
9. The following wetland resource area is affected by the
proposed work: buffer zone. This resource area is significant
to the interests of the Act and Town Bylaw as noted above. This
resource area is also significant to the recreational and
wildlife interests of the Bylaw. The applicant has not attempted
#242-�y 557 Boxford St. 3
to overcome the presumption of significance of this resource
areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
May 27, 1994.
11. 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.
12 . 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.
PRIOR TO CONSTRUCTION
13. 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.
14. 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.
15. 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 pians 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
#242-� 557 Boxford St. 4
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.
16. 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 orcontractorshall
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.
DURING CONSTRUCTION
17. 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.
18. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
19. No regrading 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.
20. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
21. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
22 . 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.
23 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
#242--OY 557 Boxford St. 5
24. 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.
25. 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
26. 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.
27. 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's Wetland Protection ByLaw.
28 . 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.
29 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
25. Discharge or spillage of pollutants.
26. Prohibition of storage of fuels underground.
27. Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By-Nrth nd v Conservation Commission
Signature(s
This Order must be signed by a majority of the Conservation Commission.
On this 21st day of September 9 94 before me
personally appeared Kevin. Foley
, 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 Public My commission expires
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 reduest the Department of
Environmental Protection to issue a Superseding Order,providing the request is made by certified marl or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030,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.
.....................................................y............................................................................................................................................................
To 'A �/ CC, !ssuingAutnonty
Please be advised that the Order of Conditions for the project at1 w—_s/
F,le Numoer 242— has been recorded at the Registry oten ano
has been noted in the chain of tine of the affected property in accordance with General Condition 8 on , t 9
If recorded land. the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Sicnature ACDt,C3n!
5-4A
REG ErIV D
3tG CMR 110-99 JOYCE BRAD HAW -
TOWN CLERK
Form 8 NORTH ANDOVER 714
DEP File No. 242- �
iUN 49 AN � rro De Drovioed by DEP)
- UvIown North Andover
Commonwealth
of Massachusetts ADDUCant Wm & Susan Tompkins
--- -
557 Boxford Street
Certificate of Compliance
*Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From '.worth Andover Conservation Commission issuing Auttiority
William & Susan Tompkins 557 Boxford Street, No. Andover MA
(Name)
(Address) 01845-3231
June 21, 1995
Date ct Issuance
h!s Ce~Ificate is issued for work regulated by an Order of Conditions issued to R. J. Pica Eng. , Co. , Inc. &
William & Susan Tompkixftted 10-14-94 and issued by the NACC -
gxxx it is hereby certified that the work regulated by the above-referenced Order of Conditions has
peen satisfactorily completed.
2. ❑ 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
Coes not include the entire project,specify what portions are included.)
C .t is nereby certified that the work regulated by the above-referenced Oroer of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
.vorK subiect to regulation under the Act may be commenced without filing a new Nonce of Intent
anc receiving a new Order of Conditions.
..................................................................................................................
(Leave Soace Blank)
_:, C;e�
4. [1XX 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 04-03-95 (date)
at the Registry of Deeds Northern District, Book , Page
INSTRUMENT NO. 6462
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_/ AnAvqJ Conservation Commission
Sionature(s) ell
AV,
v
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 21st day of June . 19 95 . before me
personally appeared Joseph Lynch , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
A& . Led,
March 22, 2002
Notary Public Donna Mae dAgata My commission expires 41
RECORDING INFORMATION:
Detach on dotted line and submit to the North Andover Conservation Commission
IZU Main or Andover ffA U1845
........................................................... . .........»...........................
.......................................................... ........
To NACC issuing Authonty
Please be advised that m 557 Boxford Street, No Andover MA 01845e Certificate of Compliance for the project at:
242- 714 Deeds, Northern Essex
rile Numaer has been recoroetl at the Aeyistryof
and has been noted in the cna n of title of me affected property on 1 9
it recorded tanc.me instrument numoer wn:c:i identities trus transaction is
1:registered land.the cocumem number wn cn toenulas tats vansacuon is
1
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 -- Order of Conditions
242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling From:
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
f� To: Applicant: Property Owner(if different from applicant):
William Tomkins
Name Name
rermn
557 Boxford St.
Mailing Address Mailing Address
North Andover MA 01845
Cityfrown State Zip Code City/Town State Zip Code
1. Project Location:
557 Boxford St. North Andover
Street Address City/Town
105C 27
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 1319 420
County Book Page
Certificate(if registered land)
3. Dates:
6/29/2001 7/18/2001 9/1/2001
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
Site Plan of Land for 557 Boxford St Wetland Location Pan 5/22/2001
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Scot MacDonald
Name
6. Total Fee:
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.7/26/01 Page 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1081
L1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish Z Prevention of Pollution
® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply Z Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project
may not go forward unless and until a revised Notice of intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Wpaform5.doc-rev.7/26/01 Page 2 of 7
Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection Wetlands
WPA Form 5 - Order of Conditions 242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1081 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc•rev.7/26/01 Page 3 of 7
L1Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions . 242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Chapter 178 of the Code of North Andover
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform&doc•rev.7/26/01 Page 4 of 7
DEP FILE#242 - 1081
Therefore, the North Andover Conservation Commission (hereafter the
"NACC") hereby finds that the following conditions are necessary,in accordance
with the Performance Standards set forth in the State Regulations,the local
ByLaw and Regulations, to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans,specifications or other proposals
submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures,shall be deemed cause to revoke or
modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued,to
evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information,measurements,photographs,observations, and/or materials,or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC, agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30)prior to the expiration date of the Order (Refer to Section VIII
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword\000242-1081 1 NACC 08/06/2001
DEP FILE #242 - 1081
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 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 proposed work includes: The construction of a 16'X24'above ground pool.
28. 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: Gibralter Pools Corp.(Representative)
428 Boston Street
Topsfield,MA 01983
Site Plans prepared by: Wetlands&Wildlife,Inc.
55 South Main Street
Middleboro,MA 02346
Stamped by: Scott A.MacDonald,R.P.L.S.
Dated REV 6/17/01
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.
CAWinword\00C\242-1081 2 NACC 08/06/2001
DEP FILE#242 - 1081
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.
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. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section IIID) &Appendix G of the local Regulations).
32. 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.
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, storm damage or any
other form of water damage.
34. The NACC hereby authorizes the use of a cartridge filter only. The NACC
does not authorize any type of system that utilizes backwashing methods.
C:\Winword\OOC\242-1081 3 NACC 08/06/2001
DEP FILE#242 - 1081
PRIOR TO CONSTRUCTION
M
35. 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.
36. 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.
37. 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- "
38. 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.
CAWinword\00C\242-1081 4 NACC 08/06/2001
DEP FILE#242 - 1081
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
installation of sedimentation/erosion control devices and re-vegetation to be
completed before other work begins on-site.
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 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.
CAWinword\000242-1081 5 NACC 08/06/2001
DEP FILE#242 - 1081
43. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
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 "Compliance Certification Form
Affidavit" attached via"Appendix A" signed under the pains and penalties
of perjury,stating that said applicant and/or owner has read these Orders of
Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall
be provided to the Conservation Department at least five (5)business days
prior to the closing of said land transaction.
CAWinword\000242-1081 6 NACC 08/06/2001
DEP FILE#242 - 1081
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).
C:\Winword\OOC\242-1081 7 NACC 08/06/2001
DEP FILE#242 - 1081
DURING CONSTRUCTION
47. IMPORTANT: Immediately upon completion of the dwelling foundation,
and prior to further construction activities associated with the site,the
applicant shall complete a plan prepared by a Registered Professional Land
Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the
foundation location and it's proximity to wetland resource areas as approved
under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval.
48. Upon beginning work,the applicant shall submit written progress reports
every week detailing what work has been done in or near resource areas, and
what work is anticipated to be done over the next period. This will update the
construction sequence.
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.
CAWinword\O0C\242-1081 8 NACC 08/06/2001
DEP FILE#242 - 1081
54. All wa t
s eenerated b iwith,
g y,orassociated ated 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.
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.
C:\Winword\OOC\242-1081 9 NACC 08/06/2001
DEP FILE#242 - 1081
AFTER CONSTRUCTION
57. 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.
58. 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.
59. 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.
60. 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.
CAWinword\00C\242-1081 10 NACC 08/06/2001
DEP FILE#242 - 1081
i. An "As-Built" plan prepared and signed and stamped by 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 aLny disturbance of
soils or vegetation.
61. 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-
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC (refer to Section XI
(page 18) of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition# 56);
➢ Prohibition of underground fuels (Condition#57);
➢ Limitations on the use of fertilizers,herbicides and pesticides
(Conditions#58).
CAWinword\OOC\242-1081 11 NACC 08/06/2001
DEP FILE#242 - 1081
APPENDIX A -AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 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. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
CAWinword\00C\242-1081 12 NACC 08/06/2001
Massachusetts Department of Environmental Protection
• DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached Conditions
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
8/1/2001 -8/1/2004
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time to ppropriate Department of Environmental Protection Regional
Office (see Appendix A)and owner(if different from applicant).
Signatures:
On Ofd�
Day Month ,d ear
before me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoin instrument nd
acknowledged that he/she executed the same as his/her Im
NIt I
ry Public
Commonwealth o!Mus"hul
Notary Public Com V
e ru
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested,on
Date Date
Wpaform5.doc•rev.7/26/01 Page 5 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc•rev.7126/01 Page 6 of 7
Massachusetts Department of Environmental Protection
• DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1081
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc•rev.7/26/01 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
QProject Location
Mailing Address
ianan
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendix E•rev.7/26/01 Page 1 of 2
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw,'and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
Appendix A).
4. 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.
wpaform5.doc•Appendix E•rev.7/26/01 Page 2 of 2