HomeMy WebLinkAboutMiscellaneous - 90 FARRWOOD AVENUE s 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 5 - Order of Conditions
242-1234
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
To: Applicant: Property Owner(if different from applicant):
Karen Sorkin Heritage Green Condominium Trust
Name Name
reran
39 Farrwood Ave. # 1
Mailing Address Mailing Address
North Andover MA. 01845 +
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
88 &90 Farrwood Ave. North Andover
Street Address City/Town
Map 46 Parcel 83
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
1
Essex North 2273 60
County Book Page
Certificate(if registered land)
3. Dates:
1/15/04 2/25/04 3 17 0Y
Date Notice of Intent Filed Date Public Hearing Closed Date f issLAnce
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NOI 1/15/04
Title Date
Plan of Land ( Proposed Decks) 1/14/04,Last
Title Revised 2/4/04
See attached
Title Date
5. Final Plans and Documents Signed and Stamped by:
John M. Morin P. E.
Name
6. Total Fee:
$470.00
(from Appendix B:Wetland Fee Transmittal Form)
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"Umber.
WPA Form 5 - Order of Conditions 242-1234
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 ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® 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.
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c
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Orden of Conditions
L11 242-1234
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.
it
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 242-1234 "
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.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 —Order of Conditions 242-1234
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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:
North Andover Wetland Protection Bylaw Chapter 178
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
modifyor differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
P p p p
the conditions shall control.
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DEP FILE #242- 1234
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 blow. 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 CONDMONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19. This Order does not grant any property rights or any exclusive privileges;it
does not authorize any injury to private property or invasion of property ,
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP)reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information,measurements,photographs, observations,and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation. Further,work shall be halted on the site if the
NACC,agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20.This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of
the North Andover Wetland Regulations).
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DEP FILE#242 - 1234
23.The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant
24. Where the Department of Environmental Protection(DEP)is requested to
make a determination and to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department
25. This Order of Conditions is issued under DEP File No. 2421234.
26. The conditions of this decision shall apply to,and be binding upon, the
applicant, owner,its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
27. The term"Applicant' as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
28. The proposed work includes: The reconstruction of decks and stairways
for the purpose of providing a safe second egress and the removal of 12 red
maple trees located in the buffer zone to a bordering vegetated wetland.'
29.The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Karen Sorkin
Heritage Green Condominium Trust
39 Fanwood Avenue#1
North Andover,MA 01845
Prepared by: The Neve-Morin Group,Inc.
447 Old Boston Road-Route 1
Topsfield,MA 01983
Site Plans prepared by: The Neve-Morin Group,Inc.
447 Old Boston Road-Route 1
Topsfield,MA 01983
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DEP FILE #242 - 1234
Entitled: Plan of Land in North Andover,Mass
showing Proposed Decks,dated January
14,2004,last Revised February 4,2004.
Other plans: Structural Engineering Plan Drawings
and Details entitled"Heritage Green
Condominiums Exterior Deck
Replacement,Buildings 88-90 Fanwood
Avenue North Andover,Massachusetts",
sheets S-1 to 5-4 prepared for Affinity
Realty and Property Management,LLP,
dated September 5,2003,revised 1V Z103.
Prepared by: Richard F. Kaminski&Associates
360 Merrimack Street
Lawrence,MA 01843
Violation Notices: From Julie Parrino,Conservation
Administrator,addressed to Karen
Sorkin,dated December 3,2003.
From Julie Parrino,Conservation
Administrator,addressed to Karen
Sorkin,dated December 30,2{X33.
Enforcement Orders: From Alison McKay,Interim
Conservation Administrator,addressed to
Karen Sorkin,dated January 30,2W4
From Alison McKay,Interim
Conservation Administrator,addressed to
Karen Sorkin,dated March 1,2004
Letters: From Karen Sorkin,Manager for the
Heritage Green Condominium
Association,addressed to Alison McKay,
dated February 6,2004
Buffer Zone Restoration Report Prepared by Greg Hochmuth of The
Neve-Morin Group,Inc.,dated March 5,
2004.
Buffer Zone Restoration Plan: Prepared by The Neve-Morin Group,Inc.,
dated March 5,2004.
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DEP FILE#242 - 1234
30. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland(BVW) and the 50'No-Build
Zone. 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.
31. The NACC agrees with the applicants delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. Wetland
Flags 115,114,&113 are not approved under this filing.
32. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty-
five foot(25') No-Disturbance Zone and a fifty-foot(5(') No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except to allow two 24"diameter sonotube footings,of approximately 6.2
s.f. in size,to support the deck stairway within the 50'no-build zone. This
exception was granted by the Commission for structural safety purposes of
the condominium units as enforced by the Building Department under the
Building Code. 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 3.4 &Appendix F of the
local Regulations).
33.There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that
alter the post development watershed boundaries as currently depicted in the
Notice of Intent and approved by this Order of Conditions,unless
specifically approved in writing by the Commission.
34, This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
l g
conflicting contract requirements. The applicant shall assure that all
contractors,subcontractors,and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
35. The NACC finds the applicant's proposal for approximately 4,000 sq.ft, of
buffer zone enhancement to be adequate where the same amount of
disturbance in the 25-foot No-Disturb was identified during project review
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DEP FILE#242 - 1234
(refer to the Enforcement Order dated March 1,2004). The enhancement
plantings shall be planted immediately following April 15,2004 as
indicated in the Restoration report and in accordance with the Buffer Zone
Restoration Plan. (Refer to Section 5.3 (page 28) of the local Regulations for
performance standards).
36. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding,storm damage or any
other form of water damage.
IMMEDIATELY UPON RECEIPT OF THIS ORDER
37.The applicant shall be aware that administrative appeals may still be filed
under this
38. This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. The Final Order
shall 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 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. Any Order not recorded
by the applicant may be recorded by the NACC at the applicant's expense.
39. A sign shall be displayed at the site, in a visible location, of not less than two
square feet or more than three square feet in size,bearing the words
"Massachusetts DEP,File Number 242-1234."
40. Any changes in the submitted plans caused by the applicant,another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant).Within 21 clays 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
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DEP FILE #242 - 1234
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.
41. It is the responsibility of the applicant, owner,and/or successor(s) to ensure
Chat all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of construction.
42. 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.
43. Wetland flagging shall be checked 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. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond the limit of work at any time. All
flags used for the above purposes shall be of a color different from other
flagging used on the site.
44. A row of 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
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.
45. The applicant shall have on hand a minimum of 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.
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46. Immediately after the Order has been recorded at the Registry of Deeds, a
check payable to the Town of North Andover shall be provided in the
amount of$1000,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 NACCs review and approval. This condition
is issued under the authority of the local ByLaw.
47. The applicant shall designate a Wetland Scientist as an"Erosion Control
Monitor"to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and
phone number of the erosion control monitor must be provided to the
NACC in writing by the hired professional in the event that this person has
to be contacted,due to an emergency at the site,during any 24-hour period,
including weekends. This person shall be given the authority to stop
construction for erosion control purposes. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper
disposal of waste products..Cleaning shall include removal of any entrapped
silt. At least once during each week in which construction activities occurs
on-site and for as long thereafter as ground remains unstabiiized, the
applicant shall submit a written report from the"Erosion Control Monitor"
to the NACC certifying that,to the best of his/her knowledge and belief
based on a careful site inspection, all work is being performed in compliance
with this Order of Conditions and that approved setbacks are being adhered
to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In
addition,all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts.
48. The applicant shall permanently mark the edge of the-'25'No-Disturbance
Zone with signs or markers spaced evenly every 25 feet along the existing
fence line and/or along the existing tree line at the 25'limit incorporating
the following text "Protected Wetland Resource Area". This will
designate their sensitivity and assure no further inadvertent encroachment
into the wetland. These permanent markers are available at the
Conservation Office for$2 apiece and are subject to review and approval
by the NACC. The applicant shall instruct all agents to explain these
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markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant
49. A dewatering detail plan shall be submitted to the Conservation
Department for review and approval. Said detail shall be consistent with
the specifications as noted in the Notice of Intent Project Narrative.
50. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC
prior to transferring,or assigning any portion of said land to another party,
subject to said Orders of Conditions,the"Compliance Certification Form
Affidavit"attached via"Appendix Ary 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.
51. Once these above mentioned requirements have been completed,the
applicant shall contact the Conservation Office 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 permits 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 meeting(e.g. 72 hours).
DURING CONSTRUCTION
52. Upon beginning work,the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will
update the construction sequence.
53. Approved de-watering activities anticipated shall be supervised and
witnessed by the designated erosion control monitor. This designee must
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be on-site while dewatering occurs. De-watering activities shall be
conducted as shown on the approved plans and shall be monitored daily by
the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas.
No discharge of water is allowed directly into an area subject to jurisdiction
of the Wetlands Protection Act and/or the North Andover Wetland ByLaw.
If emergency de-watering requirements arise, the applicant shall submit a
contingency plan to the Commission for approval,which provides for the
pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
54. All debris associated with the cutting and removal of the approved red
maple trees,including but not to,stumps,branches,limbs,canopy,
cuttings,and wood chips,shall be properly disposed of off-site,unless
otherwise determined by the Conservation Administrator for the purposes
of providing additional wildlife habitat.
55. The enhancement plantings shall be planted immediately following April ,
15,2004 as indicated in the Restoration report and in accordance with the
Buffer Zone Restoration Plan. The restoration area shall be monitored by a
qualified wetland specialist for two growing seasons and monitoring
reports shall be submitted to the Conservation Department at the end of
each growing season.
56. In addition to the approved Buffer Zone Restoration activities and as a
mitigation measure for the impact to the 50-foot No-Build Zone and the
cutting of 12 red maple trees,the applicant shall plant 4 additional red
maple trees within the 50-foot No-Build Zone located southwest of the
stairs on building#90. The exact location of said plantings shall be
reviewed and approved by the Conservation Administrator prior to
planting activities.
57. Any fill used in connection with this project shall be clean fill,containing no
trash, refuse, rubbish or debris,including but not limited to lumber,bricks,
plaster,wire,lath, paper,cardboard,pipe, tires,ashes,refrigerators,motor
vehicles or parts on any of the foregoing.
58. No exposed area shall remain unfinished for more than thirty (30)days,
unless approved by the NACC.
59. No re-grading in the buffer zone shall have a slope steeper than 2:1
(horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
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60. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
61. After proper grading, all disturbed areas located within a resource area,
which will not remain as wetland areas, shall be loamed (minimum of 4" of
quality loam), and seeded. This shall all be done in accordance with SCS
guidelines. All disturbed areas located within wetland resource areas which
are to be only temporarily disturbed during construction, shall be restored to
their original grade, soil profile and vegetative cover.Soil used for this
purpose will either be wetlands topsoil or a minimum of 4" of quality loam.
62.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
63.All waste generated by, or associated with, the construction activity shall be
contained within the 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 RiY of areas subject to protection under the Act or
local ByLaw.
64. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
65. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one(1) business day_ No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
66.No underground storage of fuel oils shall be allowed on any lot within one
hundred (100)feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland protection
ByLaw.
C:\Winword\00C\88-90 Farwood.doc 10 NACC 3/18/04
DEP FILE #242 - 1234
67. Fertilizers utilized for landscaping and lawn care shall be slow release,low-
nitrogen types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides 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.
68. Upon approved site stabilization by Conservation staff, the erosion controls
shall be removed and properly disposed of and all exposed unvegetated
areas shall be seeded.
69. Upon completion of 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.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer 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.
ommissioni. An"As-Buil' plan prepared and signed and stamped by a Registered
Professional Civil Engineer 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.
CAWinword\00C\88-90 Farwood.doc 11 NACC 3/18/04
DEP FILE#242 - 1234
➢ Distances from structures to wetland resource areas. Structures
includebut are not limited to} septic stems additions fences
( p Y ,
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 M disturbance of
.soils or vegetation.
➢ Location of all subsurface utilities entering the property.
79. The following special conditions shall survive the issuance of a Certificate
of Compliance{COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations approved under this Order. Future
work within 100' of existing wetland resource areas will require
a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the
local ByLaw;
➢ Discharge or spillage of pollutants {Condition#OJ;
➢ Prohibition of underground fuels(Condition#6�;
➢ Limitations on the use of fertilizers, herbicides,road salts, de-
icing compounds and pesticides(Conditions #0.
CAWinword\OCC\88-90 Farwood.doc 12 NACC 3/18/04
DEP FILE#242 -1234
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) • (owner name)
the owner upon whose land Order of Conditions -
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature authorized agent of applicant or owner)
CAWmword\00C\88-90 Farwood.doc 13 NACC 3118104
Massachusetts Department of Environmental Protection
l �
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1234
1
Massachusetts We Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
i
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4 from the date of issuance.
3h:z 0 — LXnil°e,s 3117L-2
Date T
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt reques and delivered to the applicant. A copy also must be mailed or
hand delivered at the same o the appropriate Department of Environmental Protection Regional
Office (see Appendix A d t roperty owner(if different from applicant).
Signatures:
r
On g' Of Mo-'Ln a00
Day Month and Year
before me personally appeaTd
L,
to me known to be the person described in and who executed the forpaoing instrument and
acknowledged that he/she executed the same as his/her free act an
DONNA M WEDGE
NOTARYFOX
Notary Public My Commiss
This Order is issued to the applicant as follows:
❑ by hand delivery on [/by certified mail, return receipt requested,on
117 k'l
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions
242-1234
1
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.12/15/00 Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1234
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:
242-1234
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.12/15/00 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E —'Request for Departmental Action Fee Transmittal Form
1 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)
rab Project Location
Mailing Address
reavn
Cityrrown 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.3/12/04 Page 1 of 2
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
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.ealed. 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.
f
wParmfo5.doc•Appendix E•rev.3112/04 Page 2 of 2