HomeMy WebLinkAboutMiscellaneous - 1101 TURNPIKE STREET f t
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Genera! Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not National Grid, USA
use the return a. First Name b.Last Name c.Company
key. 25 Research Drive
d. Mailing Address
Westborough MA. 01582
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Metro Realty, LLC
a. First Name b.Last Name c.Company
25 Research Drive
d. Mailing Address
Westborough MA. 01582
e.City/Town f.State g.Zip Code
5. Project Location:
1101 Turnpike Street North Andover
a. Street Address b.City/Town
Map 107C Parcel 16
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a. County b.Certificate(if registered land)
5326 _ 269
c. Book pag ,
7. Dates: 5/12/06 / 1
a. Date Notice of Intent Filed b.Date blic aring Ciosed c.DaI6 o Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Plan of proposed sewer tie-in
a. Plan Title
New England En ig neering
Services, Inc. Benjamin C. Osgood, Jr., P. E.
New -
b. Prepared By c.Signed and Stamped by
5/12/06 1"= 100'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $ 1075.00 $ 362.50 $712.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.311105 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forwardunlessand until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c. linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc- rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal _
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.311/05 page 3 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1360 "
wpaform5.doc- rev.3/1/05 Page 4 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order. __
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05 page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If spat need more c. The special conditions relating to municipal ordinance or law are as follows:
space for P 9 p y
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc•rev.311105
Page 6 of 9
242-1360
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the 121ans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
Order of Conditions242-1360MAEIectricSewer 1 NACC 7/2/2006
242-1360
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 installation of gravity sewer and associated activities
within the Mass Electric Co. Facility and along the shoulder of Route 114 within the
buffer zone to bordering vegetated wetlands and within Riverfront Area.
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: Massachusetts Electric Company
1101 Turnpike Street
North Andover, MA 01845
Dated May 12,2006
Site Plans Prepared by: New England Engineering Services, Inc.
1600 Osgood Street
Building 20, Suite 2-64
North Andover, MA 01845
Plans Entitled: Proposed Sewer Tie-In Plan,consisting of sheets 1-8
Dated May 12,2006. Stamped & Signed by Benjamin C.
Osgood,Jr.
29. The following wetland resource areas are affected by the proposed work: Riverfront Area
and Buffer Zone to Bordering Vegetated Wetlands. These resource areas are significant
to the interests of the Act and Town ByLaw as noted above and therein. The applicant
has not attempted to overcome the presumption of significance of these resource areas to
the identified interests.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown in their approximate locations on the plans dated referenced herein.
31. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
Order of Conditions242-1360MAElectricSewer 2 NACC 7/2/2006
242-1360
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.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone
and a fifty foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource areas except in previously disturbed areas and approved
work as shown on the plans referenced herein. 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. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage. Maintenance of the drainage system, if accepted by the
Town as part of a public way, becomes the responsibility of the Town.
34. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
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
Order of Condition s242-1360MAEIectricSewer 3 NACC 7/2/2006
242-1360
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 "DEP 242-1360". Several signs should be posted
along the sewer route on Route 114.
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.
39. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
40. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction,including the construction of
compensation and retention areas, installation of sedimentation/erosion control devices
and re-vegetation to be completed before other work begins on-site.
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.
Order of Conditions242-1360MAElectricSewer 4 NACC 7/2/2006
242-1360
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 a
p t the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
43. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 30 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
$5,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
45. 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 the event that this person has to be contacted,
due to an emergency at the site, during any 24-hour period, including weekends. Proof
of the retained monitor must be submitted to the Conservation Department on
letterhead by the retained consulting firm. 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.
46. ON EVERY MONDAY of each week, or otherwise arrangedY b the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC
Order of Conditions242-1360MAElectricSewer 5 NACC 7/2/2006
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shall certify that, to the best of his/her knowledge and belief based on a careful site
inspection, all work is being performed incompliance with this Order of Conditions
and that approved setbacks are being adhered to. The EMC must visually inspect all
sedimentation / erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition, all
wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts. The reports shall also include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
47. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the "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.
48. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer, wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
49. Upon beginning work, the applicant shall submit written progress reports every one
(1)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.
Order of Conditions242-1360MAElectricSewer 6 NACC 7/2/2006
242-1360
50. The sewer lines on the site,where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
51. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basins within 100 feet of the approved work.
52.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while dewatering is
occurring. 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.
53. 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.
54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
55. 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.
56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area,without consent and review from the Conservation
Administrator/Associate. Soil stockpiling areas must be identified and reviewed by the
Conservation Administrator and/or staff during the pre-construction meeting.
57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
58. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50'of areas subject to protection under the Act or local ByLaw.
59. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
Order of Conditions242-1360MAElectricSewer 7 NACC 7/2/2006
242-1360
60. 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
61. 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.
62. 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.
63. 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. Stabilization will be considered complete
once vegetative cover has been achieved.
64. 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.
65. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
Order of Conditions242-1360MAElectricSewer 8 NACC 7/2/2006
242-1360
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations 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.
v As-built location of the sewer lines.
y 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 aU disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
66. 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 areas approved on the plan. Future work within 100' of existing
wetland resource areas or within the 200 Riverfront Area will require a
separate filing with the NACC. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local ByLaw (Condition #32);
Discharge or spillage of pollutants (Condition #60);
➢ Prohibition of underground fuels (Condition#61);
Limitations on the use of fertilizers,herbicides, and pesticides (Condition
#62).
Order of Conditions242-1360MAElectricSewer 9 NACC 7/2!2006
\ Massachusetts Department of Environmental Protection
'r Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 731r.�
condition pursuant to General Conditions#4, from the date of issuance. 1. Date I Is uance
Please indicate the number of members who will sign this form: 4
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection RegiogA Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
J ao
�,� e.
On this Day of Month Year
Before me, the undersigned Notary Public, gC 0 j--f- 19),fl...f'.S C
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover-
As Conservation Commission
IDO�IAA�I..IIYEDGE
NOTARYFUINA Si nature of Notary Public
COwowNF YNOF 11MU HUSEM
Printed Name of N tary Public
Place nota
SBU
seal and/or any y stam p above My Com ssio xpires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on R by certified mail, return receipt requested, on
7/.g/C�
Date Date
wpaform5.doc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
l`
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1360
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1360
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.3/1/05 Page 9 o 9
t
Massachusetts Department of Environmental Protection
�-- Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Massachusetts Electric Co. c/o Joshua Holden li"1�4ra I e i+ 'Kea14 LLC
return key. Name Name
1101 Turnpike Street a,$ 0jese,"A Tr;Ve-
reb Mailing Address Mailing Address
North Andover - MA. 01845 W e j�6,o k MA 6 ISBN
City/Town State Zip Code City/Town J State Zip Code
retrun
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
RDA 1/27/06
Title /7 1jDate
if-1 �X':A& C6J1.4tai
i0i1S Mlah 6lC I 1.�n� 1 #4 7J 1�Q17
Title Date
Title Date
2. Date Request Filed:
1/27/06
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
The removal of two underground storage tanks, fuel pumps and canopy within the Buffer Zone to a
Bordering Vegetated Wetland and Riverfront Area.
Project Location:
-110 1 Turnpike Street North Andover
Street Address City/Town
Map 107C Block 16
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.3/1/05 - Page 1 of 5
Massachusetts Department of Environmental protection
LL Bureau of Resource Protection - Wetlands
�` WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
I
wpaform2.doc rev.3/1/05 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions(if any).
See attached conditions'
h
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area
subject to protection under the Act.
J
wpaform2.doc-rev.3/1/05 Page 3 of 5
f
Town of North Andover OORTH
O`4Y4to to 11.0
Office of the Conservation Department °A
Cornmunity Development and Services Division
400 Osgood Street +,ysS^e►�usEt
North Andover, Ma`saf-husf�tty 0184~
Conservation Commission Telephone(978)688-9530
Fax (978) 688-9542
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
MA Electric Co. 1101 Turnpike Street,North Andover
At the March 8,2006 Conservation Commission public hearing the North Andover
Conservation Commission(NACC) voted unanimously to issue a Negative 2 Determination
of Applicability to remove 210,000-gallon double-walled underground storage tanks
(UST's),fuel pumps and canopy within the buffer zone to a BVW and within Riverfmnt
area of Boston Brook at the above referenced property.
Record Documents: Request for Determination of Applicability entitled"Request for
Determination of Applicability for Proposed Underground Storage
Tank Removal, received January 27, 2006;
North Andover Conservation Commission Waiver Request Form,
received January 27, 2006;
Addendum letter and attached detail plans dated March 1, 2006;
Site plan entitled, "Limited Existing Conditions Plan of Land",
prepared by Oak Engineers, Brown's Wharf Newburyport, MA
01950 dated February 23, 2006 revised March 1, 2006. Plans stamped
&signed by Joseph D.Simon, PLS.
Pre-Construction Conditions
❖ Erosion controls shall be placed between all construction areas and wetlands,as shown
on the record plans. 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 in accordance with the approved plans and procedures and 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 referenced in this
r, f)r APnr n r c;. PT"T TTT'tiTCr!88')545 Co�SFRVATTON 68P-9530 TTFAT TTI 63R-954f P1;A\NTT1NC 648-9535
Order of Conditions. Should such installation be required by the NACC,they shall be.
installed within 48 hours of the Commission's request In addition,the applicant shall
properly install erosion controls and/or other appropriate protection measures (eg. silt
sacks) around or within the identified catch basins as shown on the approved plan and
described in the documents referenced herein.
❖ Immediately following completion of the above-mentioned items, the applicant shall contact
the Conservation Department to schedule an on-site meeting.The applicant and
contractor must be present at the pre-construction meeting. This Negative Determination
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 Determination resulting from
failure to comply with its conditions. A reasonable period of time_shall be provided as
notice of the pre-construction meeting(e.g.48 hours).
During Construction
•3 The applicant shall be responsible for ensuring that the specifications, procedures, and
protection measures as outlined in the approved plans and documents are fully adhered to.
4- The Conservation Department shall be notified immediately if changes in the scope of the
work differ in any way from the approved work and project specifications and procedures.
Post Construction
❖ Upon completion of the work, any disturbed areas shall be permanently stabilized against
erosion.
❖ The Conservation Department shall be notified upon completion in order to conduct a final
site inspection.
2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetland Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on [(by certified mail, return receipt requested on
�fiibfe�
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission.A copy must be sent
to the appropriate DEP Regional Office (see Attachment)and the property owner(if different from the
applicant).
� Si atures:
G
Date
wpaform2.doc•rev.3/1/05 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office(see Attachment)to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee
and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in
310 CMR 10.03(7)within ten business 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 to the applicant if he/she is not the appellant. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.311/05 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
L11V
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby LevereH Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Menden Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
ill
Wpaform2.doc•DEP Addresses•rev.10/6/04 - Page 1of 1
Massachusetts Department of Environmental Protection
L/7yJBureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
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($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability $100)
p g
pPY
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.10/6104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
L11 ,`�
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
Attachment 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.
wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.10/6/04 Page 2 of 2
310 C'MR 10.29 .
Form 8 DEP Fite No. 242- 874
rro oe oroviaed by OEP)
Andover •
-- _ O,w?awe North Ando
Commonwealth
of Massachusetts Massachusetts Electric Co.
=• Aoolicant
1101 Turnpike Street
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
North Andover Conservation Commission Issuing Authority
To Massachusetts Electric Co. 1101 Turnpike Street No. Andover, MA 01845
(Name) (Address)
Date of Issuance August 5, 1998
i ria Cer-;ficate is issued for work regulated by an Order of Conditions issued to Mass. Electric Co.
dated 9/4/97 And issued by the NACC
G It is hereby certified that the work regulated by the above-referenced Oraer of Conditions has
been satisfactorily completed.
2. It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Croer of Conditions have been satistactorily completed: (If the Certificate of Compitance
does not include the entire project, specify what portions are included.)
Q It is nereby certified that the work regulated by the above-referenced Oraer of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no Icnaer'vaild. No future
wcrx subject to regulation uncer the Act maybe commenced without filing a new Notice of Intent
arc receiving a new Order of Conditions.
(Leave Soace Slam)
6-1
242-874
4, Q This certificate shall be recorded in the Registry of Deeds or the Land Cour, for the district in
which the land is located. The Order was originally recorded on 9/23/97 (date)
at the Registry of Deeds, North Essex ,
Instrument # 24414
5, Q The following conditions of the Order shall continue: (Set forth any conditions contained to the
Final Order, such as maintenance or monitoring,which are to continue tar a longer period.)
Issued by North Andove Conservation Commission
Signature(s)
�•�t ate-Q [� c Q.
When issued by the Conservation Ccmmisicn this Certificate must be signed by a majority of is members.
On this 5th day of August . 1 g 98 before me
personally appeared Scott Masse . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heishe executed
the same as his/her free act and deed.
O?' December 11, 2003
Notary Public 00 My commission expires 46
Detach an Batted tine and suomit to the
To NACC Issuing Autnonty
Please oe aaviseC that the Certificate of Comouance lortne protectat.
FiieNumoer 242-874 nasoeenrecoraedatthe Regiszryot Deeds, Northern Essex
anC has oeen notes m the cram of tttie of the attecteo aracerty an 1 9
tt.reccroeo tanc.:7!e instrument numoe!wnicn,aennues tnts mansac:ion is
It regazerea land.the cccument nurnioer wnicn teeraltes tris zZsaeuon tS
i
�Q CMR 10.99
Form 5
DEP F;te No, l� 242-874
+.�
tr0 to tYtNnN+n by t)Er't
Commonwealth c+t town North Andover
r'
of Massachusetts
Mass Electric Co.
- .�'•� aootcart
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION CONDUSSION
John Hancock Mutual Life Ins. Co.
To Mass Electric Co. Real Estate Investment Group
(Name of Applicant) (Natne of proUerty owner)
1101 Turnpike Street 200 Berkley Street
North Andover, MA 01845 Boston, MA 02117
Address Address
This Order is issued and delivered as follows:
CD by hand delivery to applicant or representative on tdate)
by certified mail, return receipt requested on
Phis project is located at 1101 Turnpike Street
The property is recorded at the Registry of tjnrrhP rn Fssay _
Book 1025 Page 397
Certificate (it registered)
The Notice of intent for this project was filed on August 7, 1997 fUate)
The public nearing was closed on August 20, 1997 (date)
Findings
The North Andover Conservation Commission has reviewed the above•telerprtced notice of
Intent and plans and has held a public hearing on the project. Based on the information availaole tc the
NACC at this time. the UALC _ has deternimed th it
the area on which the pr000sed work is to be done is significant to the foitov ing interests in accordance v.Gth
the Presumptions of Significance sNoghin the rettialons for each Area Sut,lect to Protea!vl Under ttte
Recrea
Act(check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178Y Wildlife
PubiiC water supply XA
Flood control ❑ L`tnd containing sizetltish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollutiorf Protection of wildlife habitat
$250.00 112.50
Total Filing Fee Submitted State Share
City/Town Share 137.5Q (V: ler' it) rrcrss of S?5)
Trit-fl aohinr+ nito c Citv(Town Portion S State Portion S
r
s
DEP FILE #242 - 874
Therefore, the North Andover Conservation Commission (hereafter the
"NACU) hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced 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 property
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 thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15)
of the North Andover Wetland Regulations).
6. 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.
7. The proposed work includes: Replacement of underground storage tanks with new
double-walled tanks to be located beneath an existing paved surface within the Outer
Riparian Zone of the Riverfrront Area.
CAWinword\00C\242-874.doc 1 NACC 9/4/97
DEP FILE #242 - 874
8. 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: Massachusetts Electric Company
DATED 8/7/97
Plans prepared by: Tauper Land Survey
Entitled"Site Plan-MA Electric Co."
DATED REV 7/17/97
Correspondence
prepared by: TRC Environmental Corporation
DATED 8/20/97
9. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW) and the Riverfront
Area. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above. These resource areas are also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not
attempted to overcome the presumption of significance of these resource
areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated REV 7/17/97. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the sites wetland delineation at a scale identical to the Town
wetland map for this location.
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.
13. 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 at a
minimum, a sixty six foot(66') No-Disturbance Zone (at the closest point
flag B8) shall be established from the edge of the adjacent wetland resource
area. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in
I� the No-Disturbance zone. (See Appendix 5 of the local Regulations).
CAWinword\OOC\242-874.doc 2 NACC 9/4/97
DEP FILE # 242 - 874
PRIOR TO CONSTRUCTION
14. 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.
15. 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.
16. 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 242-874."
17. 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.
18. The applicant shall contact the Conservation Office prior to site
preparation or construction and shall arrange an on-site conference with an
NACC representative,the contractor and the applicant to ensure that all of
the Conditions of this Order are understood. This Order also shall be made
a part of the contractor's written contract. The applicant or contractor shall
CAWinword\00C\242-874.doc 3 NACC 9/4/97
DEP FILE # 242 - 874
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.
19. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
20. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
21. 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.
22. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of fifteen(15) 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.
23. 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 Treasure 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 provision, satisfactory
to the NACC, has 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.
CAWinword\000242-874.doc 4 NACC 9/4/97
DEP FILE #242 - 874
DURING CONSTRUCTION
24. 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.
25. 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.
26. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
27. 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.
28. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
29. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
30. All waste generated by, or associated with,the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
31. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
32. Members of the NACC or its agent shall have the right to enter upon and
inspect the premises to evaluate and/or effect compliance with this Order of
Conditions. The NACC reserves the right to require, following field
inspection, additional information or resource protection measures.
CAWinword\00C\242-874.doc 5 NACC 9/4/97
L '
DEP FILE # 242 - 874
33. IMPORTANT: 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
34. IMPORTANT: No underground storage of fuel oils shall be allowed within
one-hundred (100) feet of any wetland resource area. This condition shall
survive this Order of Conditions,and shall run with the title of the property.
This condition is issued under the authority of the Town's Wetland
protection ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be organic and low-
nitrogen content, and shall be used in moderation. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition is
issued under the authority of the Towns Wetland Protection ByLaw.
36. 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.
37. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Land Surveyor certifying compliance
with this Order of Conditions and the approved plans referenced herein (or
approved revisions). Certification includes, but is not limited to, verification
that the limit of work coincides with the approved"NO-
DISTURBANCE/NO-BUILD" zones. A stamped"As-Built"topographic
plan of all areas within the jurisdiction of the Wetlands Protection Act and
ByLaw shall be submitted when a Certificate of Compliance is requested.
This plan will include:
a) "As-Built' elevations and grades of all filled or altered wetland
resource areas including the Buffer Zone;
b) Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, stone walls, pools,
retaining walls, underground storage tanks and approved decks;
CAWinword\00C\242-874.doc 6 NACC 9/4/97
DEP FILE # 242 - 874
c) A line showing the limit of work. "Work" includes any disturbance of
soils or vegetation;
d) Location of existing erosion controls.
38. Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to whom
the compliance is to be granted;
c) The street address and assessor's map/parcel number for the project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions and
approved plans.
39. 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 #242-874. 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 of spillage of pollutants;
• Prohibition of storage of fuels underground within 100' of a wetland
resource area;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\242-874.doc 7 NACC 9/4/97
242-874
i
RC1
i frcer 777 st oe signet �y a majority of the Conseriat
ion Commission.
s Cion.
3rd da of September t 97 before me
personally
pthis Joseph W. Lynch, Jr. to ne Xnawn to ce the
eeared
person descrioed to and WRC executed the foregoing instCument and acknawledged that he'she exec'-;(ed
G7e same aS ^iSlRer `roe act and deed.
�ctary ;c' clic PAy ccnnissicn expires
he acciiczrt. ^e r.er. any ysrs n aggnevad�y this Order, any awr,er o4 land atutting the lana _-Cr which ine crcccsea work is to Ce
Corte,ar any ten r0s,cen:s et the c:ty or town in wnich such land is Located.are net
notified ct the r rgrt to recuesf the r3eadRment Cf
cn,ircnmanral ?ratecuen ro issue a sucerseding Craer, ;rcviding the recuest is made �y c_rttied r'ait cc hard delivery ro one cecarment.
wim the accrccr.ate filing les aha Fee Trans-maai Farm as crowded in 310 CUR io.au-ji,within ten days tram the Cate at issuance of this
Oetsn-stnauen. rqy at the request shall at me same Ume c-9 sent 5y csrtitied-rail Cr Kana caiwery to::,,a Canserrauen Commission
and the acchcartt.
If you wish to appeal this decision tinder the Town Byiaw, a complaint
must be filed in Superior Courc.
RECEIPT FRONT THE REGISTRY OF DEEDS LHUST BE SUBMITTED TO THIS OFFICE SHOWING
THAT THIS ORDER OF CONDITIONS HAS BEE,' RECORDED AT THE NORTH ESSEX REGISTRY OF
DEEDS . '"th Andover. '
CnrSe ��.Q.LL_('Qmrr' pr
. rartacommencement3lwark.
oatach on oohed line and sutmit to the •140 L84146Main Street, No. Andover.. ...... .........................
...................._...................................................................
North Andover Conservation Commission
'SSunG ^utnorry
-o
?iease ze ac,,see that the Crcer el Gcnc;ticns tar the orclect a
Deeds Essex North Districr
enc
^as teen rzccraed at Me eras Y of
;ne cna n ct r,z cl the attected arceer,� n accarcance wHn yen er al Canc:Ucn-3
nasaeen � ctec:n .
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ucer Nmca icenatia_ Mus �rsac=cn's
entd�as trny :'SPS3Cttan