HomeMy WebLinkAboutMiscellaneous - 1171 TURNPIKE STREET Massachusetts Department of Environmental ProtecUon
Bureau of Resource Protection— Wedands 242-428
. WPA Form 813 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at
NORTH ANDOVER NORTH ANDOVER
Canseivaran Caranision
1171 Turnpike St (Lot 1B)
To: seeand&m
Lot 1B
John J. Burke assessarsaep�rat ftrebtaf
AWM
71 Sutton Hill Road
MmfingAddzss and the final Order of Conditions was recorded on
North Andover, MA 01845 May 9, 1988
WOW aw
,Aare LpCods at the Registry of Deeds for
North Essex 2725 232
2. This Certificate of Compliance is issued for work regulated c0WQ soarAW
by a final Order of Conditions issued to:
Caroi�te(r7re�steed lacdJ
john B. Todd
name
S P p t ember 29, 1987 4. A site inspection was made in the presence of the applicant,
or the applicarWs agent,ort
fted
242-428 February 2, 2000
DEPROMM Der DaAt
certification
ci hivalid Order of Conditions:it is hereby certified that
(Check all that apply): the work regulated by the abo referenced Order of
Conditions new corn menced. The Order of Conditions has
XM Complete Certification:It is hereby certified that the lapsed and is therefbre no longervalid. No fiuture work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Ad may
tions has been satisfactorily completed. commence without filing a new Notice of Intent and
receiving a new Omer of Conditions.
❑ Partial Certillficatiom It is hereby certified that only the
following portions of the work regulated by the above- ❑ OngoiM Corrddwmr~The following conditions of the
referenced Order of Conditions have been satisfactorily Order shall continue:(Include any conditions contained in
completed.The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers,
n......4 ..o')
Massacl�rrsetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands / j ` 242-428
WPA Form 813 Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
2nd
Issued by:
NORTH ANDOVER day of February
Consev =Comma w bromh
February 2, 2000 2000
oseati m fix Yew
This Certification must be signed by a majority of the before me personally appeared .
conservation commission and a copy sent to the applicant Albert P. Manzi, Jr.
and appropriate DEP Regional Office(see Appendix A).
Signature(s) to me known to be the person described in and who executed
i the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
mray Pizat (J
December 11, 2003
At�k �� a .C.t t N"t U Mycomrnrsiarexpses
Recording Confirmation
The applkaru is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court
for the district in which the land is located
Detach on dotted line and submit to the Conservation Commission.
To: If recorded land,the instrument number which identifies this
transaction is
CaaABymmCaN!ISM -
Please be advised that the Certificate of Compliance for the
project at ksmunrrr,Wmbw
If registered land the document number which identifies this
transaction is
fteLT LOCXon
FileNLmbw Doane mabpr
has been recorded at the Registry of Deeds of
$ig=n ofApp/CW
CaurxY
and has been rioted in the chain of title of the affected property
on
Dare
Book
11... ♦I�Mef 11..ww 1 wC 1
� T
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
O ` WPA Form 5 - Order of Conditions 242-1340
IL J I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
From: -- ---------- — - _..-----------
When filling 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 Sovran Acquisition Limited Partnership
use the return a. First Name b.Last Name c.Company
key. 6467 Main Street
d.Mailing Address
m Buffalo NY. 14221
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b.Last Name c.Company
d.Mailing Address
e. City/Town f.State g.Zip Code
5. Project Location:
1171 Turnpike Street North Andover
a. Street Address b.City/Town
Map 107C Parcel 105
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)
5678 _ 304
c. Book d.Page
7. Dates: 10/14/05 1 1111 :6 ( - z_(i --'7(-(
a.Date Notice of Intent Filed b.Date P blic Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Notice of Intent Plan
a. Plan Title
New England Engineering Services, Inc. Benjamin C. Osgood, Jr., P. E.
b. Prepared By c.Signed and Stamped by
10/14/05 1"= 20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $267.50 $42.50 $225.00
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 DEP File Number:
�,J"�� Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1340
Massachusetts Wetlands Protection Act M.G.L. c.' 131, §40
B. Findings
t. 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
Protection of Wildlife®
d. ® Private Water Supply e. Fisheries f. 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 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).
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.3/1105 Page 2 of 9
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4Massachusetts Department of Environmental Protection DEP File Number:
Ll
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1340
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
& ❑ 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.Gy nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.dy 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.3/1105 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1340
Ll
0
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, WA DEP"]
"File Number
242-1340 "
wpaform5.doc• rev.3/1105 Page 4 of 9
9 ,
Massachusetts Department of Environmental Protection
" Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1340
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:
Ifou need more
v See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.311105 Page 5 of 9
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 242-1340
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 you need more c. The special conditions relating to municipal ordinance orb law are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE # 242 - 1340
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 dans, 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.
C:AWimiord,000UncleBob's Sto rage,117 1TnpkSt.doc I NACC 1/26/2006
DEP FILE # 242 - 1340
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 File No. 242-1340.
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: Restoration of portions of the disturbed Bank associated
with a perennial stream, as well as portions of the disturbed Bordering Vegetated
Wetland and the 25' No Disturbance Zone.
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: Sovran Acquisition Limited Partnership (Applicant)
6467 Main Street
Buffalo,NY 14221
NOI Filed on October 14, 2005
Site Plans prepared by: New England Engineering Services,Inc.
60 Beechwood Drive
North Andover,MA 01845
Entitled, "Notice of Intent Plan:1171 Turnpike Street",
dated October 14,2005. Stamped& Signed by Benjamin
C. Osgood,Jr.
Report prepared by: "Wetland Restoration Plan" prepared by Basbanes
Associates dated December 28,2005.
"Sequence and Mitigation Schedule for Restoration
t
Areas", prepared by Basbanes Associates (no date).
Operation & Maintenance
Services, ated December
Plan prepared b �: New England Engineering S Inc.,,
P P y g g g
28,2005.
C':AWimvord\OOC\UncleBob'sStoiage,I171TnpkSt.doc 2 NACC 1/26/2006
DEP NILE # 242 - 1340
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bank and Bordering Vegetated Wetland (BVW), and Riverfront Resource Area. 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 applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
anv alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The NACC finds the applicant's proposal for approximately 900 sq. ft. of wetland
replication and 3976 sq. ft. of the 25' No Disturbance Zone to be adequate. Restoration
activities shall be constructed in accordance with the approved "Wetland Restoration
Plan" dated December 28,2005. (Refer to Section 8.3 (p.37) of the local Regulations for
performance standards).
35. Twelve (12) white pine (Pinus strobes) (5- 6'tall on 10-12' centers) shall be planted
along/upslope of the 25'No Disturbance Zone to provide a visual barrier to prevent
future inadvertent encroachment into these areas, as depicted on the approved site
plan.
36. The Bordering Vegetated Wetland(BVW) has begun to rebound with herbaceous
material, such as cattail (Typha latifolia),sensitive fern(Onoclea sensibilis), and tall
meadow rue (Thalictruin polygamum). However,several invasive species were noted to
be reestablishing within the BVW, such as purple loosestrife (Lythmni salicaria),
poison ivy (Toxindendron radicans),Japanese knotweed (Polygonum cuspidatum),
bittersweet(Celastrus scandens) and grape spp. In an effort to reduce the invasive
population within this area,the (5) species listed above shall be removed,by hand and
a wet seed mixture be heavily broadcasted to help reduce the amount of regenerated
invasive species. Additionally,the invasive species shall be removed from the 25'No
C:\N'inword\UOC\UncleBob'sstorage,1171Tnpkst.doc 3 NACC 1/26/2006
DEP FILE #242 - 1340
Disturbance Zone. Since removing the invasive species by hand (i.e., shovel) is the
most effective way to get rid of these plants,this removal process shall be conducted on
an annual basis.
37. Some of the plantings proposed within the 25' No Disturbance Zone shall be
incorporated within the Bordering Vegetated Wetland (BVD and along the top of
Bank to accompany the eight(8) yellow birch. The goal is to create a situation where it's
not conducive for invasive species. A dense installation of shrubs that will grow
quickly will provide a thick environment to shade out the invasive species.These
shrubs should be planted on 4'centers.
38. A qualified wetland scientist shall be retained and shall be present on site to direct,
supervise, and monitor the construction of the wetland and Buffer Zone restoration
areas.
39. The qualified wetland scientist shall monitor the wetland and buffer zone restoration
area for two consecutive growing seasons. Monitoring reports shall be submitted to the
Conservation.Department at the end of each growing season (spring and fall). A total of
four monitoring reports for the restoration areas shall be submitted over a 2-year
period. Monitoring reports shall describe,using narratives plans, and color
photographs,the physical characteristics of the wetland and Buffer Zone restoration
areas with respect to stability, survival of vegetation and plant mortality,aerial extent
and distribution,species diversity and vertical stratification (i.e. herb, shrub and tree
layers), and the amount of invasive species in the area. If at the end of the second
growing season, or at any time within the 2-year growing season period,it has been
determined that a 75% success rate has not been achieved,the NACC shall require
additional mitigation measures, such as additional plantings.
40. Upon completion of the restoration activities,the wetland scientist shall submit an
inventory report identifying the types and number of plant species installed to the
Conservation Department.
41. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way,becomes the responsibility of the Town.
42. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
C:A\k'inword!OOC'\UncleBob'sStorage.117FhpkSt.doc 4 NACC 1,2612006
DEP FILE #242 - 1340
PRIOR TO CONSTRUCTION
43. 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.
44. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
45. 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 DEP,File Number 242-1340."
46. 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.
47. 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.
48. 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.
C:AWinword\OOC\UncicBob'sStorage.1171TnpkSt.doc 5 NACC 1%26/2006
DEP FILE # 242 - 1340
49. 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.
50. A row of staked hay bales backed by trenched siltation fence shall be placed as shown
on the approved site plan dated October 14,2005. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced herein and
shall be inspected and approved by the NACC prior to the start of construction and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
51. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion. .
52. A check payable to the Town of North Andover shall be provided in the amount of
$7,000 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.
53. The applicant shall designate a Wetland Scientist as an"Environmental Monitor " to
oversee and direct the construction of the wetland and Buffer Zone restoration areas,
any emergency placement of controls and regular seasonal inspections of the restored
C:AWinword\OOC\1.)ncleBob'sStoruge.1171TnpkSt.doc 6 NACC 1/26/2006
DEP FILE #242 - 1340
areas. 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. This professional must submit a
letter on company letterhead stating they have been retained as the project's
Environmental Monitor.The designated Environmental Monitor is subject to approval
by the NACC.
54. The Environmental Monitor will be required to inspect all erosion control devices, and
oversee cleaning and the proper disposal of waste products. Cleaning shall include
removal of any entrapped silt. The Environmental Monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance to ensure they are functioning as intended. In addition,all wetland resource
areas must be visually inspected for siltation, turbidity, and/or other water quality
impacts.
55. Prior to construction, the applicant shall post six (6) "Protected Wetland Resource Area"
markers onto the white pine saplings upslope of the "25' No-Disturbance Zone".This
will designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These markers can be purchased at the Conservation Department for$2.00 per
marker. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
56. 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 after to
the closing of said land transaction.
57. 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
C:AWinword\OOC\UncleBob'SStorage.1171TnpkSt.doc 7 NACC 1/26/2006
DEP FILE # 242 - 1340
this Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
58. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents and plans submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
59. All stormwater best management practices shall be maintained as specified in the
approved Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. A Registered Professional Civil Engineer shall
provide evidence of maintenance of the stormwater management system and its
associated Best Management Practices (BMPs) to the NACC on an annual basis. The
first report shall be submitted immediately upon completion of annual maintenance as
outlined in the Operation & Maintenance Plan. Maintenance receipts from the cleaning
contractors (catch basins,etc.) may be submitted with annual engineering reports.This
condition shall continue in perpetuity.
60. All catch basins on-site shall be cleaned, and the driveway and parking lot shall be
swept in the spring after the final snowmelt.This condition shall continue in
perpetuity.
61. 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.
62. Water quality down gradient of BVWs shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
63. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
C:yWinword\OOC\Uncict3ob'sStoruge,I171TnpkSt.doc 8 NACC 1/26/2006
DEP FILE #242 - 1340
CIDURING CONSTRUCTION
64. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
65. 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.
66. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
67. No g
re-g radin 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.
68. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
70. 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.
71. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1)business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
C:\W imvord`OOC\llncleBob'sStorage.l 17 1'1'npkSt.doc 9 NACC 1/26/2006
DEP FILE # 242 - 1340
AFTER CONSTRUCTION WJ
72. 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.
73. 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.
74. 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.
75. 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.
76. 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. W PA 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 work outlined in the approved Operation &
Maintenance Plan has been conducted accordingly, and as conditioned by the
Commission.
C:';winivord\ooC\UncleBob'sstoragc.1171'1'npkst.doc 10 NACC 1!26/2006
DEP FILE # 242 - 1340
i. A written statement from a qualified wetland scientist stating all wetland and
Buffer Zone restoration areas have been constructed in accordance with the
approved documents and meet the performance standards of the Wetland
Protection Act Regulations and the North Andover Wetland Protection Bylaw
and its Regulations.
j. 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 of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
"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.
r Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stonewalls, pools,
retaining walls, subsurface utilities and decks.
y A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
r Location of all subsurface utilities entering the property.
77. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
r 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 filing. 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 authoritv to waive these setbacks as established under the local Bylaw
(Condition #32);
01 Providing evidence of maintenance of the stormwater management system
and its associated Best Management Practices (BMPs) to the NACC on an
annual basis (Condition#59);
C:\Winword\OOC\tincle[3ob'sStorage.1171'rnpkSt.doc II
NACC I/26/2006
DEP FILE # 242 - 1340
Maintenance of catch basins, and sweeping the driveway and parking lot
(Condition#60);
Discharge or spillage of pollutants (Condition #71);
Prohibition of underground fuels (Condition#72);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#73).
r The attached "Stormwater Operations and Management Plan", including
Best Management Practices prepared by New England Engineering Services,
Inc., dated December 28, 2005. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
NACC L26i2006
C:AWuiworcly00('\llncle3ob'SStorage.1171TnpkSt.doc 12
1NC
December 28, 2005
Scott Masey, Chairman
North Andover Conservation Commission
400 Osgood Street R t 0 2005
North Andover, NLk 01845 NORTH ANDOVER
Re: 1171 Turnpike Street,North Andover -IONSERVATION COMMISSION
AKA Uncle Bob's Self Storage
Notice of Intent
Dear Mr. Chairman:
Please accept this letter as a revised maintenance plan proposal for the above referenced
property. As part of the order of conditions which will be issued by the commission the
following maintenance conditions should be included.
1. Monthly policing of property and wetland areas to conduct trash removal
2. Annual Cleaning of the catch basins in the spring after the final snow melt.
3. Annual sweeping of the parking lot in the spring at the same time as catch basin
cleaning.
4. Annual inspection of the drainage system by a registered professional engineer to
ensure that the system is working properly and recommend additional items of
maintenance which may need to be done. The inlet and outlets to the detention
pond shall be viewed to determine the need for sediment removal.
5. Mowing of grassed swale as needed to maintain a grass height of 4 to 6 inches.
Grass clippings shall be removed upon completion of mowing.
6. Annual cleaning of grass swale to remove any sediment and debris. Removal of
sediment shall be done by hand. Any area of the swale which requires re-
vegetation should be seeded at the time of cleaning.
7. Annual cleaning of inlet and outlet to detention pond if determined as being
needed by the professional engineer during the annual inspection.
8. All sediment shall be disposed of in accordance with all local, state,and federal
regulations.
If you have any questions please do not hesitate to contact this office.
Sincerely,
Benj,44n C.-'Osgood,R"/,P.E.
President
v' q "WiEL
BASBANES ASSOCIATES `v
Wetland Consulting
39 Hardy St. r ti i� r
Dunstable, MA 01827
(978) 649-3839
December 28, 2005
North Andover Conservation Commission -
400 Osgood St. 4
North Andover, MA 01845
Re: 1171 Turnpike Rd., N. Andover—Wetland restoration-revised
Chair of the Commission:
The following is a wetland restoration design for the alteration that occurred at
1171 Turnpike Rd., N. Andover.
SITE CONDITIONS
Presently, work has ceased and erosion control has been installed. The wetland
boundary was flagged by New England Engineering Services, reviewed and concurred
by Basbanes Wetland Consulting on October 14, 2005.
An alteration, in the form of cutting of vegetation, occurred within the 25' No Disturb
Zone on both sides of a stream. The total area of alteration is 3976 s.f. No soils were
disturbed as the vegetation was cut by hand and removed. Stumps still remain.
To date, many of the herbaceous plants and shrubs species are re-growing very well.
All of the tree stumps have new shoots except for the White Pines. The shoots are quite
dense and also are growing as well. Much of the growth is 1 to 2'feet in height. There
is approximately 35-40% reestablished vegetative cover overall in the altered area.
VEGETATION REMOVED
The vegetative plant species that were removed consist of the following:
Tree
Birch, Yellow Betula alleghaniensis (3)
Maple, Red Acer rubrum (6)
Pine, White Pinus strobus (7)
Ash, White Fraxinus americana (1)
Aspen, Quaking Populus tremula (3)
Weeping Willow Salix babylonica (1)
f
Shrub
Arrowwood Vibumum recognitum
Highbush Blueberry Vaccinium corymbosum
Elderberry Sambucus canadensis
Shadbush Amelanchier intermedia
Herbaceous
Purple Loosestrife Lythrum salicaria
Poison Ivy Toxicodendron radicans
Japanese Knotweed Polygonum cuspidatum
Cattail Typha latifolia
Sensitive Fern Onoclea sensibilis
Tall Meadow Rue Thalictrum pubescens
Bittersweet Celastrus orbiculata
Fox Grape Vitis labrusca
RESTORATION
In response to the recommendations by the NACC, additional shrub plantings are to be
provided within the 25' No Disturb Zone. The intent is to provide a thick shrub layer to
shade out and thus limit growth of the invasive herbaceous and vine species.
Recommended Plantings
# Species Size Location
Tree
8 Birch, Yellow Betula alleghaniensis fA("' 4'—6' top of bank
6 Maple, Red Acer rubrum f cYU 41-61 throughout
8 Pine, White Pinus strobus fAl it- 4'—6' top of slopes
4 Ash, White Fraxinus americana Tj tc 41-61 throughout
Trees are to be installed 6-8 feet on center.
Shrub
25 Arrowwood Vibumum recognitum 4%�4`C" 3"—4" within 25' buffer zone
25 Elderberry Sambucus canadensis �A6 3"—4" within 25' buffer zone
25 Silky Dogwood Comus amomum 4�,k(-O 3" -4" within 25' buffer zone
25 Speckled Alder Alnus rugosa sAr&Of" 3"-4" within 25' buffer zone
Shrubs are to be installed 4—5 feet on center.
Hydrology
No excavation, grading or compaction of soils occurred in the area of the alteration. The
n intact. It is therefore assumed that the
root structure of the vegetation also remains s
hydrologic regime is also undisturbed.
SEQUENCE AND MITIGATION SCHEDULE FOR RESTORATION AREAS.
The following sequence and schedule will provide restoration for Bordering Vegetated
Wetlands which will meet the performance criteria stipulated in the regulations of the
Wetlands Protection Act, 310 CMR 10.55. and the North Andover Wetlands Bylaw.
1. Erosion control has been installed along the limit of proposed wetland/buffer
restoration. Erosion control shall remain in place until the restoration area is stabilized
and approved by the issuing authority.
2. The area shall be planted with the plants as described above. It is recommended that
the plantings occur in the late spring or early fall
3. Upon completion, the restoration area shallbe inspected by a wetland consultant or
the Conservation Commission.
4. At the completion of 2 growing seasons, the restoration area shall be at least 75%
vegetated with acceptable plant species and should have proper hydrology. If the area
does not meet the performance standards, it shall be re-inspected and a revised
restoration plan will be submitted to the Commission for review and approval.
If you have any questions or comments, please do not hesitate to contact me. Thank
you.
Sincerely,
Leah D. Basbanes, M.A.
Biologist/ Wetland Consultant
DEP FILE #242 - 1340
APPENDIX A- AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent of applicant and / or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
.(DEP or NACC File#)
placed upon by the North Andover Conservation Commission(NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of 20
of applicant or owner
i (Authorized agent pp )
c:\Winword\ooc\tlncleBob'sStorage.1171'1'npkSt.doc 13 NACC /26/2006
Massachusetts Department of Environmental Protection DEP File Number:
` Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
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
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form:
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 Regional Office, if not filing electro ll ally nd th prof rty owner, if different
from applicant. '' j
Signatures:,,-7
e
Notary Acknowledgement
Commonwealth of Massachusetts County of
if,
On thisDDf
Day Month -� -- Year
Before me, the undersigned Notary Public, _ ",&4+
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
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 - Conservation Commission
City/town
DONNA M.WEDGEw
¢ NOTARY PUBUC
i "'ONWEALTH OF MASSACHUSETTS Signature of Notary�Public
Comm.Expires Aug.7,2009
Printed Name of otary Public
Place notary seal and/or any stamp above 7�a6o
My Commission Expires(Date)
This Order is issued to the applicant as follows:
b hand delivery on [`'j/by certified mail, return receipt requested,on
� Y rY
Date Date
wpaform5.doc• rev,11/24/04 Page, of 9
LlMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1340
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 shalt 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.
Page 8 of 9
wpaform5.doc• rev.311105
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
� �
WPA Form 5 - Order of Conditions 242-1340
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:
242-1340
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
Page 9 of 9
wpafcrm5.d0c- rev.311105