HomeMy WebLinkAboutGARON, KATHLEEN Massachusetts Department of Environmental Protection
DEP File plumber
Bureau of Resource Protection- Wetlands
242-937
WPA Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER September 24, 1998
Conservation Commission Date
For: The public hearing was closed on:
242-937 November 4, 1998
Reef File Number Date
To:
Kathleen Garon Title and Date of final Plans and Other Documents:
Applicant Name "Plan of Land" prepared by
15 Woodberry Lane
Mailing Address Scott L. Giles dated, REV. 11-2-98
Andover, MA 01810
Cg1T0 n
state Zip code
The project site is located at (Northeast corner
Boxford St & Duncan Dr of intersection)
Crry/town
North Andover
Assessm MaplPlat I 105"C"C ParcelAotf 4f3
and the property is recorded at the Registry of Deeds for:
Essex 3651 116
County Book Pap
Certificate(if m gstaTd*4
Findings
Furthermore,this Commission hereby finds that the project,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 firms that theQ�the following conditions which are necessary,in accordance
area in which work is proposed is significant to the following /! with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,,to protect those interests checked above. This
Commission orders that all the work shall be performed in
Public Water Supply accordance with the Notice of Intent referenced above,the
Private Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
Ct Fisheries of Intent,these conditions shall control
I Storm Damage Prevention
I Prevention of Pollution
l Protection of Wildlife Habitat
JJ n r
Massachusetts taepartwnt of EnWhinme"Protection
Bureau of Resource Protection- Wetlands 242-937
WPA Form 5 - Order of Conditions
DEP and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, YO Protection Bylaw.
Findings (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 Coat for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the drain 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 sufficient 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 it is 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 sign 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 Order does not grant any property rights or any [or,"MA DEP"]"File Number
exclusive privileges;it does not authorize any injury to DEP # 242-937
private property or invasion of private rights:
Project File Number
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, 10.Where the Department of Environmental Protection is
bylaws,or regulations. requested to issue a Superseding Order,the Conservation
Commission shall be a party 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: 11.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 extension date
and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed):
Order.
"Plan of Land"
5. This Order may be extended by the issuing authority for Title
one or more periods of up to three years each upon REV. 11-2-98
application to the issuing authority at least 30 days prior to Dated
the expiration date of the Order. (see bylaw) Scott L. Giles, RPLS
6. Any fill used in connection with.this project shall be clean Signed and Stamped by
fill. Any fill shall contain no trash,refuse,rubbish,or NACC
on file wit
fl......n..F c
Massachusetts Department of Environmental Protection
L��A Bureau of Resource Protection— Wetlands 242-937
WA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law,bylaw,or ordinance
13.Any changes to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writingwhether the change is significant
� 9n
enough to require the filing of a new Notice of Intent. commeoncowlssion
14.The Agent or members of the Conservation Commission hereby finds(check one that applies):
and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the
right to enter 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 Department for that evaluation. mm and station ofmuniclpallaw,bylaw,orordimxe
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
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
adjacent to a Bordering Vegetated Wetland,the boundary of comply with a municipal law,bylaw,or ordinance,spec-
the wetland in the vicinity of the proposed work area shall tally
be marked by wooden stakes or flagging. Once in place, C. 178 of the Code of North Andover
the wetland boundary markers shall serve as the limit of onxaW citatfon ofmumpallaw,bylaw,or ordir m
work(unless another limit 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
sion. in accordance with the said additional conditions and with
the Notice of Intent referenced above. To the extent that the
17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans,
repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice
with vegetation 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 his/her 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 Refer to the attached cnnd i t i nn�
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)
Refer to the attached conditions
n_ 1AInn
n cc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-937
WPA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, YO Protection Bylaw.
Findings (cont.)
This Order is valid for three years,unless otherwise specified On this
as a special condit n pursuant to General Conditions#4, 18th
from the date of i�s{s ance, l�
1 I 1 day of
tete November
Month
This Order must be signed by a majority of the conservation 1998
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 regional office of the Department of Scott Masse
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 free act and deed.
AlotayPUblic
December 11, 1998
My commission apm
/Ro�ali This Order is issued to the applicant as follows:
K ,L' ❑ by hand delivery on
7
Date
bye ail q on
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 the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the
located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.f_.c.131,§40
appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 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 certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7)within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
r
Massachusetts tleyartnwt of Environmental Protection
Bureau of Resource Protection- Wetlands 242-937
WA Foran 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §4O 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,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 shall be submitted to the
Consention comrtission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
———— -----------------c----------
To:
Cormwion commission
Please be advised that the Order of Conditions for the project
at 242-937
ftexL"on DEP File Number
has been recorded at the Registry of Deeds of
Courny
and has been noted in the chain of title of the affected property
in
Book
P
in accordance with the Order of Conditions issued on
Die
If recorded land,the instrument number which identifies this
transaction is
InWument Number
If registered land,the document number which identifies this
transaction is
Downxq Number
Sig Me&ApplicW
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-937
WPA Appendix E .Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. G 131, §40 Protection Bylaw.
Please type or
print clearly all U Request Information
information
requested on this
form. 1. Person or party 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
Mailing Address
MailingAddress
CilyM-
City/fown
State Zip Code
Stare Zip Code
PhoneAkrmber
Phan Number
Fax Number(it applicable)
Fax Numbs(if applita�ble)
Project Location: DEP File Number:
StrcetAdaress
City/Town
Instructions
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
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check 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,MA 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.
n,.,.,,i .,c i
DEP FILE#242-937
Therefore, the North Andover Conservation Commission(hereafter the
"NACC")hereby finds that the following conditions are necessary,in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations,to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that
the following conditions modify or differ from the plans,specifications or
other proposals submitted with the Notice of Intent,the conditions shall
controL
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
19. This Order does not grant any property rights or any exclusive privileges;it
does not authorize any injury to private property or invasion of property
rights. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP)reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued,
to evaluate compliance with this Order of Conditions, the Act(310 CMR
10.00), the North Andover Wetland ByLaw and Regulations, and may require
any information,measurements,photographs, observations, and/or
materials, or may require the submittal of any data or information deemed
necessary by the NACC for that evaluation Further,work shall be halted on
the site if the NACC, agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the
NACC is satisfied that the work will comply and has so notified the applicant
in writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
21.The work authorized hereunder shall be completed within three years from
the date of this order.
22.This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days(30) prior to the expiration date of the Order (Refer to Section 178..6 of
the North Andover Wetland Protection ByLaw Section VIII(B) of the Regulations).
CAWinword\000242-937.doc 1 NACC 11/23/98
DEP FILE#242-937
23. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant
24. Where the Department of Environmental Protection(DEP)is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department
25. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
26. The term"Applicant` as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
27. The proposed work includes: Construction of a single family dwelling within the
Buffer Zone of a Bordering Vegetated Wetland(310 CMR 10.55 and C.178 of the Code of
North Andover).
28. The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Kathleen Garon
DATED 9-2498
Plans prepared by: Scott L.Giles,RPLS
Entitled Plan of Land"
DATED REV 11-2-98
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.
These resource areas are also significant to the recreational and wildlife
interests of the ByLaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
30. The NACC agrees with the applicants delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
CAWinword\0001242-937.doc 2 NACC 1 U23J98
DEP FILE#242 937
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
31. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot(251 No-Disturbance Zone and a fifty foot(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. (See Section III(D)of the local Regulations).
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 way1 that the site
imply or certify
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
CAWinword\00C\242-937.doc 3 NACC 11/23/98
DEP FH E#242-937
FPRIOR TO 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 242-937."
39.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 significants 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.
40. It is the responsibility of the applicants 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
CAWinword1000242-937.doc 4 NACC 11/23/98
DEP FILE#242-937
Conditions and referenced documents before commencement of
construction.
41. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing pian for construction and erosion and sedimentation
control with supporting plans and details as appropriate. 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, and revegetation to be completed before
other work begins on-site.
42. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored. 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.
43. 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
44. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of fifteen(15)hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be
used for the normal control of erosion.
CAWinword\00C\242-937.doc 5 NACC 11/23/98
DEP FILE#242-937
45. A check payable to the Town of North Andover shall be provided in the
amount of$3,000 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 NACCs review and approval. This condition
is issued under the authority of the local ByLaw.
46. The applicant shall be responsible for placing a sign on the parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
47. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC
prior to transferring, or assigning any portion of said land to another party,
subject to said Orders of Conditions,the"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 be provided to the
Conservation Department at least five(5) business days prior to the closing
of said land transaction.
48. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative,the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided
as notice of the pre-construction meeting(e.g. 72 hours).
CAWinword\00C\242-937.doc 6 NACC 11/23/98
DEP FELE#242-937
DURING CONSTRUCTION
49.IMPORTANT: Immediately upon completion of the dwelling foundation,
and prior to further construction activities associated with the site, the
applicant shall complete a plan prepared by a Registered Professional Land
Surveyor (R.P.L.S.)which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of
Conditions. Said plan shall be submitted to the Conservation Administrator
for approval.
50. The applicant shall plant thirty-seven (37) shrubs five feet(5') on-center per
the following specifications: (31)Rhododendron spp. &(6) Viburnum spp. at
least 3-4'in height along the 25'No-Disturbance Zone (refer to
correspondence dated 11-18-98 from Tyler Munroe to the NACC).
51. Upon beginning work, the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will
update the construction sequence.
52. 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.
53. No exposed area shall remain unfinished for more than thirty (30)days,
unless approved by the NACC.
54. No regrading in the buffer zone shall have a slope steeper than 2:1
(horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
55. There shall be no stockpiling of soil or other materials within twenty-five(25)
feet of any resource area.
56. After proper grading, all disturbed areas located within a resource area
(including the Buffer Zone which is regulated as a resource area under the
local ByLaw), shall be loamed (minimum of 4" of quality loam), and seeded.
This shall all be done in accordance with SCS guidelines. All disturbed areas
located within wetland resource areas which are to be only temporarily
disturbed during construction, shall be restored to their original grade, soil
CAWinword\00C\242-937.dor,, 7 NACC 11/23/98
DEP FILE#242 -937
profile and vegetative cover. Soil used for this purpose will either be
wetlands topsoil or a minimum of 4" of quality loam.
57.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
58. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However,no trash dumpsters
will be allowed within RY of areas subject to protection under the Act or
local ByL.aw.
59. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
60. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into any wetland resource area. If there is a spill
or discharge of any pollutant during any phase of construction the NACC
shall be notified by the applicant within one(1) business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling,equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
61. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100)feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland protection
Bylaw.
62. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
63. Upon completion of construction and grading, all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If
CAWinworxA000\242-937.doc 8 NACC 11/23/98
DEP FILE#242 -937
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
64. 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. "Request for Certificate of Compliance Form 8A".
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 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-Buil' plan prepared and signed and stamped by a Registered
Professional Land Surveyor of the Commonwealth, for the public
record. This plan will include:
➢ "As-Buil' post-development elevations of all drainage&
stormwater management structures constructed within 100 feet
of any wetland resource area.
➢ "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 wetland under the local
wetland 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, and approved 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.
CAWinword\00C\242-937.doc 9 NACC 11/23/98
DEP FILE#242-937
65. 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#242-937.
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC(refer to Section XI
(page 18)of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition#60);
➢ Prohibition of underground fuels (Condition#61);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Conditions #62).
CAWinword\OOC\242-937.doc 10 NACC 11/23/98
DEP FILE#242 -937
APPENDIX F - COMPLIANCE CERTIFICATION FORM
I, on oath do
(authorized agent applicant a dlor current owner)
hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOC1Q
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. 1 am the of
(position with owner) (maser 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. I hereby affirm and acknowledge that on this day of 199`
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
CAWinward\00C\242-937.doc 11 NACC 11/23/98
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands DEP File Number
�. - AMENDED 242-937
WPA Form 5 - order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.L. C. 131, X40 protection Bylaw.
Apo licant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER September 24, 1998
cimnawn Commission Date
For: The public hearing was closed on:
242-937 November 4, 1998
?qw file i umtie- Date
To:
Kathleen Garon Title and Date,of final Plans
.and,Other Documents:
Ap Spr Name 11M � 0 i ki- l
I5 Woodbury -Lane �} cq( G
r
ess I
Maliitg Addr
North Andover, MA 01845
C.tylrown 1 f Dc)D
state gip Code
The project site is located at: (Northeast corner
Boxford St & Duncan Dr of; intersection)
c-,W n
L
A55e<sors,VfantP,�at/ PxcetlCot d
and the property is recorded at the Registry of Deeds for.
Essex 3651 116
Conray Book page
Csri6cte(rfrtgistet�l lana)
Findings
Furthermore,this Commission hereby finds that the project,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 ® the following conditions which are necessary,in accordance
area in which work is proposed is signific:a 4'to the following with the performance standards set forth in the wetlands
interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This
Commission orders that all the work shall be performed in
N'Public Water Supply accordance with the Notice of intent referenced above,the
Private Water Supply following General Conditions, and any other special
CN Groundwater Supply conditions attached to this Order.To the extent that the
5 Flood Control following conditions modify or differ from the plans,
C Land Containing Shellfish specifications,or other proposals submitted with the Notice
Fisheries of intent,these conditions shall control.
Storm Damage Prevention
LK Preventon of Pollution
Protection of Wildlife Habitat
Massachusetts Department of Envirvnmentai Protection
Bureau of Resource Protection Wetlands AMENDED 242-937
A Form 5 Order of Conditions
� and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4Protection Bylaw.
Findings (cont.)
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions 1#4, 19th
from the date of issuance.
1/19/2000 day of
January
04(e
MOM
2000
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail near
(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 regional 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 free act and deed.
4 Audi
'h-'b6L4q"4 'DtL&f
L December 11, 2003
My commission eYOiles
This Order is issued to the applicant as follows:
1 �► r ❑ by hand delivery on
Dare
® by cstkl mail, on
January 20, 2000
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 the land subject to this Order,or the Order which is being appealed and how the Order does not
any ten residents otthe city or town in which such land is contribute to the protection of the interests identified in the
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(310 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 certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act
Department, with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has
Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction.
Form,as provided in 310 CMR 10.03(7) within ten business
days from the date of issuance of this Order.A copy of the
request shall at the same time be sent by certified mail or hand
delivery to the conservation commission and to the applicant,
if he/she is not the appellant.
n...... A ..c C
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Wetlands AMENDED 242-937
.WP.WPA Form 5 - Order of Conditions
`- and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
URe-rDrding 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 shall be submitted to the
NORTH ANDOVER
consavarion commission
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
To:
consavarion commission ji
Please be advised that the Order of Conditions for the project
at
Rnjea L cation D£P Fite Numbe
has been recorded at the Registry of Deeds of
calay
and has been noted in the chain of title of the affected property
in
Book
�Je
in accordance with the Order of Conditions issued on
Oae
If recorded land,the instrument number whish identifies this
transaction is
lnsaumerr Mumba�
If registered land,the document number which identifies this
ransaction is
Doa.mea Plumber
Sjgmu.'e of dpplicaa
Massachusetts Department of Environn ental Protection
Bureau of Resource Protection- Wetlands AMENDED 242-937
WDA Appendix E - Request for Departmental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
print clearly all Request Information
information
requested an this
form. 1. Person or party 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
MaiiingAddreSs
Mailing Address
GrylTown
CitylTown
State Zip Code
State Zip Code
Phone Number
Phone Numbs
Fax Numbs(if appliable)
Fax Numbs(it applicable)
Project Location: DEP File Number:
51r Addy S
City/Town
i
Instructions
1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state cleady'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
❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate
Send this form and a check or money order for$50.00, jurisdiction.
payable to the Commonwealth of Massachusetts,to
3. Send a copy of this form and a copy of the check 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, MA 02211 DEP regional office as fisted 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 helshe is not the appellant.
1
MassaQluserts tteparrment of Environmental Protection
Bureau of Resource Protection— Wetlands 242-937
WPA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover wetland
Protection B law.
Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
North Andover North Andover
Co wwlon common C*Toyr
Boxford Street & Duncen Drive
To: 2WAMM
Kathleen Garon 1050 40
Name Assessors UapA'at/ ParceYL�}
15 Woodbury Lane
UkingAddress and the final Order of Conditions was recorded on
Andover 1/5/00
WOW Ogre
MA 01810 at the Registry of Deeds for
-799 dp Coot
Essex Instr # 303
2. This Certificate of Compliance is issued for work regulated cam sook Page
by a final order of Conditions issued to:
Kathleen Garon Cav#are(,frrrg"wfavi
Name
11/25/98 4. A site inspection was made in the presence of the applicant.
oared or the applicant's agem on: r
242-937 12/15/00
O£P file MX-'V Gare
certification
❑ Imralid Order of Conditions: It is hereby certified that
(Chedc all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
XZ Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed. commence without filing a new Notice of Intent and,
receiving a new Order of Conditions.
❑ Partial Certification:It is hereby certified that only the
following portions of the work regulated by the above EX Ongoing Condkioax 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 fora longer period.)
from this Order include:
Condition Numbers:
31, 60, 61, 62
Massachusetts Department of Environarntal Protection
Bureau of Resource Protection- Wetlands
WPA Form 813 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 731, X40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
3rd
Issued by:
North Andover day of January
'
C.nWrdnon c..,mmrssron
:earn
11/25/98 2001
Dareorl=anw ye,
This Certification
me personally appeared
must be signed by a majority of the .
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP Regional Offi a Appendix A).
to me known to be the person described in and who executed
Signature(s) the foregoing instrument and acknowledged that he/she
executed same as Nsr'her free act and ed,
vaary P.,ax
D
',c� i'v L!� �mrrosron espres
r
113Recording 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: If recorded land,the instrument number which identifies this
transaction is
Caraevxioncarumssmn
Please be advised that the Certificate of Compliance for the
project at msaumerxrasnea
if registered land the document number which identifies this
transaction is
Rt�xtloc»on .
has been recorded at the Registry of Deeds of
Sown o/.t*anr
CamY
and has been noted in the chain of title of the affected property
on
ode
Bl0R
Pip
Town of North Andover µOwn,q
Office of the Conservation Department y
Community Development and Services Division
"
William J. Scott,Division Director + °+ -.�• < "
27 Charles Street 4S acKU
Brian LaGrasse P ( )978 I
North Andover,Massachusetts 01845 Telephone 688-9530
Interim Conservation Fax(978)688-9542
Administrator
MODIFICATION TO
ORDER OF CONDITIONS
File No. 242-937
Project: Boxford Street & Duncan Dr.
The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on December. 20, 2000
agreed to accept Plans entitled "Asbuilt Plan of Land for Kathleen & Joseph
Garon" dated 9/7/2000 REV 11/16/2000 REV 12/13/2000
as a Modification to the Order of Conditions issued in file#242-9 3 7 dated 11/25/98
and recorded in 114NAU Instr ii 303 and #4W
Issued by the NORTH ANDOVER CONSERV;ffIO ISSION:
I �
On this 20thday of December, 2000 ,before me personally appeared
Scott Masse ,to me known to be the person described in and who executed
the oregoing instrument and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
A receipt from the Registry of Deeds must be submitted to this office showing that this Modification has
been recorded and referenced to the Book and Page numbers where the original Order 242- 937
was recorded.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANIe'INCf 688-9535