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HomeMy WebLinkAboutMiscellaneous - 1212 SALEM STREET t f 14ORTH ao M, •, ao` o 4 1. AC HUs�� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 1212 Salem Street,North Andover At the April 6, 2009 public hearing,the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for a previously constructed wood platform and stairs associated with a previously permitted 20'x 16'addition within the Buffer Zone to a Bordering Vegetated Wetland (BVW). Property Owner: Ted Hanley 1212 Salem Street North Andover,MA 01845 Applicant/Representative: Sullivan Engineering Group,LLC 22 Mount Vernon Road Boxford,MA 01921 Record Documents: Request for Determination of Applicability,prepared by Jack Sullivan,Sullivan Engineering Group,LLC Plot Plan of Land#1212 Salem Street,North Andover,MA prepared by Sullivan Engineering Group,LLC,Dated: 4/10/09 Special Conditions ❖ This Negative Determination is issued to properly permit unauthorized work done under an expired Order of Conditions (DEP File #242-969). Due to the expired nature of the order,the additional work could not be allowed as a minor modification.A Certificate of Compliance shall be sought for DEP File #242-969 following receipt of this Determination of Applicability. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index 'LJ\ 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 your cursor- p Y (' different from applicant): do not use the Ted Hanley return key. Name Name 1212 Salem Street Mallmg Address Mailing Address AO North MA 01845 City/Town State Zip Code City/Town State Zip Code reaun 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA 4/25/09 Title Date Plot Plan of Land 4/10/09 Title Date Title Date 2. Date Request Filed: 4/25/09 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): Reviewing the after the fact construction of a 16' x 20' addition (DEP File#242-969) and wood platform with stairs within the Buffer Zone to a Bordering Vegetated Wetland Project Location: 1212 Salem Street North Andover Street Address City/Town Map 106A Parcel 181 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 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.) 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 wpaform2.doc•Determination of Applicability•rev.1016104 Page 2 of 5 L71Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 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 ❑ 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. wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 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.) ❑ 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 Wetlands 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 [Tby certified mail, return receipt requested on 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 hftp://www.mass.gov/dep/abouttregion.findyour.htm) and the property owner(if different from the applicant). Signatu es:� 411, A bH4—pa� C-1 Date wpaform2.doc•Determination of Applicability•rev.1016/04 Page 4 of 5 'LJ) Massachusetts Department of Environmental Protection Bureau 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 ietren 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) ❑ 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.10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 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 http://www.mass gov/der)/abouttre ion/find oyi ur htm). 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.10/6104 Page 2 of 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 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 Ntp://www.mass.gov/dep/about/re ion.findyour.htm)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.Determination of Applicability.rev.1016104 Page 5 of 5 s Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Ted Hanley computer, useName only the tab key to move 1212 Salem Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code ,Q 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Ted Hanley Name few August 4, 1999 242-969 Dated DEP Fite Number 3. The project site is located at: 1212 Salem Street North Andover Street Address City/Town Map 106A Parcel 181 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 8000 1 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 5/18/09 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 2-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 60 C. Authorization Issued by: North Andover S J Q Conservation Commission Dat6 of Is uance This Certificate must be signed by a majority of the Conservati n Commission and a copy sent to the applicant and appropriate DEP Regional Office(See Attachm t). Signatures: wpaform Bb.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 2-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this ?1 ST- Of Day Month — Year before me, the undersigned Notary Public, personally appeared -- :L A.I Z??Ad oar 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 Conservation Commission City/Town Signature of Notary Public iMY�Y�i•i� r� ✓D�? DONNA M.WEDGE w. NOTARY PUBLIC Printed Name of Notary Public )N'NEALTH OF MASSACHUSETTS cc nm.Expires Aug 7 2009 'P My Commission xpires(Date) Place notary seal and/or any stamp above � � Signature of Notary Public wpaform 8b.doc•rev.7113/04 Page 3.of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24 Provided by DEP D. Recording Confirmation The applicant 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: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 1212 Salem Street 242-969 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 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 Leverett 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 PhillipstT Townsend Boylston Holden Mendon 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: 617-556-1049 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 13rookline 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 wpaform8b.doc•DEP Addresses•rev.7/31/08 Page 1 of 1 y Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order 242-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover 12-06-02 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Ted Hanley return key. Name of Violator 1212 Salem Street, North Andover, MA 01845 Address 1. Location of Violation: SAME Property Owner(if different) 1212 Salem Street Street Address North Andover 01845 City/Town Zip Code 106A 181 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: The Order of Conditions expired on August 4, 2002. No extensions were requested prior to the Orders expiration. Work has not been completed as required. All work must be completed and in compliance with all conditions set forth in the Order of Conditions under,DEP file#242-969 by September 1, 2003. If all work and final compliance is not complete by said date, a new wetland delineation and Notice of Intent filing shall be submitted to the North Andover Conservation Department. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: wpaform9a.doc•rev.12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: ��— Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order 242-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Ted Hanley Au ust 4, 1999 Name Dated 242-969 21 File Number Condition number(s) B. Findings (cont.) ® Other(specify): See attached letter C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition, ❑ Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: See attached letter and Order of Conditions issued under DEP file#242-969. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years,or both, such fine and imprisonment;or(b)shall be subject to a civil penalty not wpaform9a.doc•rev.12/15/00 to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continwiagf 3 violation shall constitute a separate offense. L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement order 24.2-969 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay, Conservation Associate Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday- Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures- r Signature of delivery person or certified mail number i wpaform9a.doc•rev.12/15/00 Page 3 of 3 1 Massachusetts Department of Enviromwntal Protection t DEP File Number Bureau of Resource Protection— Wetlands .. 242-969 PA Form 5 - Order of Conditions for DEP use only Ratio -- and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 137, X40 protection Bylaw. L3 Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER June 18, 1999 CJfMTVW0n CalrMSion Date For: The public hearing was closed on: 242-969 July 21, 1999 Fmjea File vurrcer Date To: Ted Hanley Title and Date of final Plans and Other Documents: Acoticrr wame i f Si RA&L TOY' 1212 Salem Street / MatingAdcnm / oZ C vl?'� ' ree. � koc No. Andover, MA 01845 Cdyfrown JVrU 1 # 1 g199, Sare 'ip code _ The proiecx site is located at: ' NORTH ANDOVER , ary106A 181 LsezScrs,Naµn(at f Parrei/Lof J and the property is recorded at the Registry of Deeds for: Essex 2360 122 Ccurry Book Page C�ttn�te;i(�ise�!and) ' Finfllnt3S Furthermore,this Commission hereby finds that the proiect,as Findings pursuant to the Massachusetts Wetlands proposed, is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing, this commission finds that the [3 the following conditions which are necessary,in accordance area in which work is proposed is significaru tp the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check ail that apply): regulations,to protect those interests checked above. This Commission orders that ail the work shall be performed in y cp x Pubiic'PJater Sulaccordance with the Notice of Intent referenced above, the � Private Water Supply y following General Conditions, and any other special x, Groundwater Sucply conditions attached to this Order.To the extent that the followina conditions modify or differ from the pians, Control o Flood C he Notic.. Land Containing Shellfish specifications,or other proposals submitted with[ Fisheries ri s of Intent,these conditions shall control. in- Storm Damace Prevention Z Pre+tendon of Pcjjudcn x- Protec:icn of`Niidlife Hacitat c ' Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-969 Form 5 - Order of Conditions i and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Findi170 (cont.) debris,including but not limited to lumber, bricks, plaster, Denied because: wire, lath, paper,cardboard,pipe, tires, ashes, refrigerators, motor vehicles,or parts of any of the foregoing. the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides surfic:ent information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests, and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why itis necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sion shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or,modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Crder does not grant any property rights or any (or, "MA DEP"] "File Number exclusive privileges; it does not authorize any injury to 242-969 private property or invasion of private rights. Proreafr'leNumcer 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, IO.Where the Department of Environmental Protection is bylaws, or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a parry to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either of the following apply: 1i.Upon completion of the work described'herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance (WPA for in the Act:or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years, but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the,extention date and the special circumstances warrantingihe extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed) Order. . armIf �i4e l�lAr�- 5. This Order may be extended by the issuing authority for nal , , one or more periods of up to three years each upon 6 application to the issuing authority at least 30 days prior to Oare� t the expiration date of the Order. 1LS I d / 6. Any 9il used in connection with this project shall be clean StgndmiSt'arrceAlyji . fill. Any fill shail contain no trash, refuse, rubbish, or rnSe Ery� � 'On,^`!e wi(n Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-969 WPP Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Findings (cont.) Findings as to municipal law, bylaw,or ordinance 13.Any chances to the plans identified in Condition ;#12 above Furthermore,the shall require the applicant to inquire of the Conservation NORTH ANDOVER Commission in writing'Nhether the change is significant encueh to recuire the filina of a new Notice of Intent. Cons6ationcammisson hereby finds(check one that applies): 4.The Acent or members of the Conservation Commission and Department of Environmental Protection shall have the G that the proposed work cannot be conditioned to meet the right to eater and inspect the area subject to this Order at standards set forth in a municipal law,ordinance, or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Depar rent for that evaluation. Nameard cation ofmuniapallaw,bylaw,orcrainance Therefore,work on this project may not go forward unless 15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these I this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued. ing work conditioned by this Order. /that the following additional conditions are necessary to 16.Prior to the start of work,and if the project involves work comply with a municipal law, bylaw, or ordinance,specifi- adjacencto,a Bordering Vegetated Wet}and, the boundary of caily the wetland in the vicinity of the proposed work area shall f be marked by wooden stakes or flagging. Once in place, AP, 12 Q� �'�, (�► 4 i✓` '� the wetland boundary markers shall serve as the limit of Nameardcrxmndmunicp taw,bylaw,trordimfica U d VEX— work Ework(unless another Iimit,of,Work.line has been noted in the plans of record) and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed ` in accordance with the said additional conditions and with Sion. the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modiry or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vecetation or other means. At no time shall sediments of Intent,the conditions shall control be deposited in a wetland or water body. During construc- tion,the applicant or hislher designee shall inspect the � Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance: immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Special Conditions (Use additional paper if necessary) iL S a T cl— d, Cfhdtb DEP FILE #242 - 969 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS MMJ 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. 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. DEP FILE #242 - 969 24.Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26.The term "Applicant"as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.The work shall conform to the following-(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Ted Hanley(applicant) 1212Salem Street North Andover,MA 01845 Dated June 18, 1999 Site Plans prepared by: Hancock Engineering Associates Signed and Stamped by: John Gilbert Dick, RPLS- Richard Doherty, P.E. Dated June 18, 1999 28.The proposed work includes: Construction of an addition with assocated grading within the Buffer Zone to a Bordering Vegetated Wetland (BVW). 29.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource,,areas to the identified interests. 30.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. DEP FILE #242-969 31.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (501) No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. 32.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33.This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the 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. 35.Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. DEP FILE # 242 - 969 ==PRIORTO CONSTRUCTION 36.No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38.A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection, File Number 242-969. Expiration date=-----." 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. I DEP FILE #242 - 969 41.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 42. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 43.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 extra hay bates 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. DEP FILE #242 - 969 44.A check payable to the Town of North Andover shall be provided in the amount of $1,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 45.The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the 'Affidavit" attached via HAppendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction 46.Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC . representative, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shad be provided as notice of the pre-construction meeting (e.g. 72 hours). DEP FILE #242 - 969 DURING CONSTRUCTION 47.Immediately upon the pouring of the foundation and prior to any other activity on site, the applicant shall be responsible for completing a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and it's proximity to the wetland resource area as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 48.Upon beginning work, the applicant shall submit written progress reports every other month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 49.Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire ,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 50.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 51.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 52. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 53.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 54.AI I waste generated by, or associated with, the construction activity shal I be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 55.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. DEP FILE #242 -969 56.During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. ==AFTERCONSTRUCTION 57.Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 58.Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 59.Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. ,\ h. A written statement from a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: DEP FILE # 242 - 969 ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a y disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 60 . 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 # 242-969. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition # 56); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Condition #57). i DEP FILE #242 - 969 ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 60 . 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# 242-969. Future. work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition # 56); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Condition #57). DEP FILE #242 -969 APPENDIX A-Affidavit I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACCnumber) the North Andover Conservation Commission. Wor 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) S. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) i Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-969 PA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition:oursuant to General Conditions 24, 4th from the date of issuance. August 4, 1999 day of August Dae ,worM 1999 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail year (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same time to the appropriate regienai office of the Department of Albert P. Manzi, Jr. Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her he act and deed. Nota/Public (J December 11, 2003 My commission eraims This Order is issued to the applicant as follov:,s: C] by hand delivery on Date 60 G by mmCackmaii, on August 5, 1999 Date Appeals The applicant, the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting he land subject to'this Order, or the Order which is being appealed and how the Order does not identified in the I� an ten residents oEthe cin or town m which such land is contribute to the protection or the interests Y � located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(3 10 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by cartined mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act OeF artmert, Nith the aoF P mol riate filing fee and a corn !eted or regulations,the Department of Environmental Protection has Appendix E: Request for Cepartmental Action Fee Transmittal no appe!late Jurisdiction. Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of Lhis Order.A copy of the equev snail at the same time be sent by cectiried mail or hand delivery ro the ccnserration commission and to the applicant, if heishe is nct:-e accp;lant. Massachusetts Departmmnt of Environmental Protection Bureau of Resource Protection- Wetlands 242-969 WENA. form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, X40 protection Bylaw. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,Winin 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 Grantcr Index under the name of the owner of the !and subiect to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information shall be submitted to the NORTH ANDOVER Consawdion Cammission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission._ _ To: Donseraion Commission ' Please be advised that the Order of Conditions for the project at Fgea'=-von DEP File Number has been recorded at the Registry of Deeds of Caeca and has been acted in the chain of title of the affected property in Book �Ye in accordance with the Order of Conditions issued on If recorded land,the instrument number which identifies this transaction is nsn'�menr NumCe If recistered land, the document number which identifies this I ransaction is Coc.me;',vamae Sia.�nr.�,r,r�cdc.;ra Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-969 V>� Appendix E . Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, X40 Pro tec tion Bylaw. Please type or print clearly all j RequestinfOrmation nform2ucn recuested an this fcrm. 1. Person or parry making request (if appropriate, name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation;or Request for Determination of Applicability): Name ,name ,Naiiino address 6fa1ingAd&Z5 Ciry1Tcwn CiylTown stare Zip Code sL re Zip Cade Phone Number Phone Number fax Number(rf aapti yble) Fax Namoer(if apptk:,ble) Project Lccotion: DEP file Number: Strew Address CityTown i i lnstn cticns 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order Superseding Order of Conditions which is being appealed.To the extent that the Determina- Superseding Determination of Applicability tion or Order is based on a municipal bylaw;and not on the G Supersedirg Order of Resource Area Delineation - Nlass�chusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a cheer or money order for 550.00, jurisdiction. payable to the Commonwealth of Massachusatts, to 3. Send a copyof this form and a copyof the ched<or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,NUS 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis Sion and to the applicant, if he/she is not the appellant.