HomeMy WebLinkAboutROTH, SCOTT D Town of North Andover Of NORDTF1 ,M
Office of the Conservation Department _
Community Development and Services Division
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27 Charles Street s+ct+us
North Andover,Massachusetts 01845 Telephone(978)688-9530
Alison E. McKay
Interim Consem ation AdministratorFax(978)688-9542
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant:
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as a Modification„ to the Or r of Conditions issued in File 242- 1 d,1 D dated iU ' and
#-N- eU""
recorded in #6 V`1`I`I_
Issued by the NORTH ANDOVER CONSERVATION COMMISSION:
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On this _of ra )06 before me personally appeared Scott Masse to me
day month/yr
known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
� M,ilk
Notary Public
M�rCamm. 7
A receipt from the Lawrence Registry of Deeds must be submitted to this office showing
that this Modification has been recorded and referenced to the book and page numbers.
BO VR.-D OF.-1,PPE.3LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Massachusetts Department of Environmental Protection DEP File Number
,- Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1210
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: From:
When filling
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Michael Finocchio Scott D. Roth
Name Name
68 Hood Street#1 66 Stonecleave
Mailing Address Mailing Address
Lynn MA. 01905 Boxford MA. 01921
Cityrrown State Zip Code City/Town State Zip Code
1. Project Location:
Forest Street Lot 3 North Andover
Street Address City/Town
Map 105B Lot 3
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 12925 514
County Book Page
Certificate(if registered land)
3. Dates:
8/1/03 9/24/03 D
Date Notice of Intent Filed Date Public Hearing Closed Date of 4ssuancb
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NOI 8/1/03
Title Date
Sewage Disposal System Site Plan, Sheet 1 7/10/03 revise(
Title 9/19/03
Sewage Disposal System Details, Profile and Notes, Sheet 2 7/10/03 revises
Title 9/19/03
5. Final Plans and Documents Signed and Stamped by:
Vaclav V. Talacko P. E.
Name
6. Total Fee:
$487.50
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15/00 Page 1 of
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Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1210
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish Z Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is:(check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations,to protect those interests checked above.This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore,work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until`a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any.exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Wpaform5.doc•rev.12/15/00 Page 2 of 7
T 1
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 Order of Conditions 242-1210
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods,from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed..
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land,the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"[or,"MA DEP"]
"File Number 242-1210 "
10. Where the Department of Environmental Protection.is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc•rev.12/15/00 Page 3 of 7
t
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
L11 WPA Form 5 - Order of Conditions 242-1210
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been.issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover Wetland Protection Bylaw Chapter 178
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications,or other proposals submitted with the Notice of Intent,
the conditions shall control.
Page 4 of 7
Wpaform5.doc•rev.12/15/00
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DEP FILE#242 -1210
Therefore, the North Andover Conservation Commission (hereafter the
"NACU)hereby finds that the following conditions are necessary,in accordance
with the Performance Standards set forth in the State Regulations, the local
ByLaw and Regulations,to protect those interests noted above. The NACC
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other pro op sals
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 tunes until a Certificate of Compliance is issued, to
evaluate compliance with this Order of Conditions,the Act (310 CMR 10.00),
the North Andover Wetland ByLaw and Regulations, and may require any
information,measurements,photographs;observations, and/or materials, or
may require the submittal of any data or information deemed necessary by
the NACC for that evaluation.. Further,work shall be halted on the site if the
NACC,agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in
writing.
20. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal,state or local statutes,
ordinances,by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30)prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of
the North Andover Wetland Regulations).
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DEP FILE#242-1210
23. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information so warrant.
24. Where the Department of Environmental Protection (DEP) is requested to
make a determination and to issue a Superseding Order,the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
25. This Order of Conditions is issued under DEP File No. 242-1210.
26. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner,its employees and all successors and assigns in interest or
control. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
28. The proposed work includes: The construction of a single family home,
driveway, in-ground pool,pool patio and decking,and associated grading
and landscaping within the buffer zone of a bordering vegetated wetland.
29. The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: Michael Finnochio
68 Hood Street# 1
Lynn, MA 01905
Dated August 1,2003
Site Plans prepared by: Hancock Engineering Associates
235 Newbury Street
Danvers,MA 01923
Dated 7/10/03,Revised 9/19/03
Stamped and signed by Vaclav V.Talacko,
P.E.
Report prepared by: Hancock Environmental Consultants
235 Newbury Street
CAWinword\00C\Lot3Forest.doc 2 NACC 10/07/2003
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DEP FILE#242 -1210
Danvers,MA 01923
li Other Documents: "North Andover Waiver Request Form" -
for limited driveway construction within the
50-foot no-build zone, dated 8/1/03.
"Wetland Delineation Review"
Prepared by Seekamp Environmental
Consulting, Inc., dated September 8,2003.
"DEP BVW Delineation Field Data Form"
Prepared by Hancock Environmental
Consultants,dated 12/39f00.
Town of Boxford Order of Conditions, DEP
file# 114-878 for the installation of a water
flow control system at Towne Pond, Boxford.
Cartridge filter details for the proposed pool
&pool Construction schedule (3 pgs.)
30. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Land Under Water (LUW),Freshwater Wetland,and
Bordering Vegetated Wetland (BVW). Bordering Land Subject to Flooding
(BLSF—elevation 90 NGVD) is located on the site,however lies entirely
beyond the proposed limit of work. These resource areas are significant to
the interests of the Act and Town ByLaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of
these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25') No-Disturbance Zone and a fifty foot (50 No-Construction
Zdne shall be established from the edge of the adjacent wetland resource area
except for portions of the driveway.The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local bylaw. No disturbance of existing grade, soils
or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &
Appendix F of the local Regulations).
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DEP FILE#242 -1210
33. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that
alter the post development watershed boundaries as currently depicted in the
Notice of Intent and approved by this Order of Conditions,unless specifically
approved in writing by the Commission.
34. This document shall be included in all construction contracts,subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
35. The 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.
36. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
37.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.
38. 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
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DEP FILE#242 -1210
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.
39. A sign shall be displayed at the site not less than two square feet or more than
three square feet in size bearing the words "Massachusetts DEP,File
Number 242-1210."
40. Any changes in the submitted plans caused by the applicant,another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes
to be significant, the NACC will call for another public hearing (at the
expense of the applicant).Within 21 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.
41. His 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.
42. 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.
43. 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 • Compliance f
is issued so that erosion control measures
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DEP FILE#242 -1210
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
confirmedby 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.
44. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be.properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC 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.
45. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling,a minimum of 30 hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
46. 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 NACC's review and approval. This condition is issued under
the authority of the local ByLaw.
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47. The applicant shall designate a Wetland Scientist as an "Erosion Control
Monitor"to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and
phone number of the erosion control monitor must be provided to the NACC
in writing by the hired professional in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period,
including weekends. This person shall be given the authority to stop
construction for erosion control purposes. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper
disposal of waste products. Cleaning shall include removal of any entrapped
silt. At least once during each week in which construction activities occurs
on-site and for as long thereafter as ground remains unstabilized, the
applicant shall submit a written report from the "Erosion Control Monitor"
to the NACC certifying that, to the best of his/her knowledge and belief
based on a careful site inspection, all work is being performed in compliance
with this Order of Conditions and that approved setbacks are being adhered
to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In
addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts.
48. Prior to construction,the applicant shall permanently mark the edge of the
"25'No-Disturbance Zone"with signs or markers spaced evenly every 25
feet incorporating the following text: "Protected Wetland Resource Area"
(available at the Conservation Office for$2 apiece). This will designate their
sensitivity and assure no further inadvertent encroachment into the wetland.
These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from
the applicant.
49. The applicant and/or the legal owner of that portion of land upon which
these Orders of Conditions have been placed shall provide to the NACC prior
to transferring, or assigning any-portion of said land to another party,
subject to said Orders of Conditions,the "Compliance Certification Form
Affidavit" attached via "Appendix A" signed under the pains and penalties
of perjury,stating that said applicant and/or owner has read these Orders of
Conditions and is in com liance with each and every condition. This
P _
document shall apply to each of the conditions referenced herein and shall
be provided to the Conservation Department at least five (5)business dayss
prior to the closing of said land transaction.
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DEP FILE#242 -1210
50. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative,the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
51. 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 of the Commonwealth(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
52. Upon beginning work,the applicant shall submit written progress reports
every week detailing what work has been done in or near resource areas, and
what work is anticipated to be done over the next period. This will update the
construction sequence.
53. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order,even after a Certificate of Compliance is issued,that
the oil/gasoline traps in the catch basins be maintained. All catch basins shall
be free of all accumulated silt and debris before Compliance is issued and the
owner or his/her agent shall so specify in the request for Compliance.
54. Any approved de-watering activities anticipated shall be supervised and
witnessed by the designated erosion control monitor. This designee must be
on-site while dewatering any occurs and until dewatering becomes
unnecessary. De-watering activities shall be conducted in accordance with
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plans submitted to and approved by the Conservation Administrator and
shall be monitored daily by the erosion control monitor to ensure that
sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland ByLaw. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval
which provides for the pumped water to be contained in a settling basin, to
reduce turbidity prior to discharge into a resource area.
55. 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.
56. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC
57. 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. -
58. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
59. Washings from concrete trucks, or surplus concrete,shall not be directed to,
any drainage system, or wetland resource area.
60. All waste generated by,or associated with,the construction activity shall be
contained within the construction area,and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However,no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local
ByLaw.
61. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
62. During and after work on this project, there shall be no discharge or spillage
of fuel, or other pollutants into an wetland resource area. If there is a spill
p Y p
or discharge of any pollutant during any phase of construction the NACC
a
CAWinword\OOC\Lot3Forest.doe' 9 NACC 10/07/2003
D
DEP FILE#242-1210
AFTER CONSTRUCTION
63. 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.
64. 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 shad remain in
perpetuity.
65. No road salt, sodium chloride, or other de-icing chemicals shall be used on
paved surfaces, and any arrangement for snow removal shall so stipulate due
to the importance of the site and the wetlands.
66. Upon completion of construction and grading, all disturbed areas located
outside resource areas and within the buffer zone 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.
67. Upon approved site stabilization by Conservation staff,the erosion
controls shall be removed and properly disposed of and all exposed
unvegetated areas shall be seeded.
68. 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.
ompliance: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.
C:\Winword\000Lot3Forest.doc 10 NACC 10/07/2003
DEP FILE#242 -1210
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer
(and/or Registered Professional Land Surveyor)of the
Commonwealth certifying that the work has been conducted as shown
on the plan(s) and documents referenced above, and as conditioned by
the Commission.
i. An"As-Bui1r plan prepared and signed and stamped by a Registered
Professional Civil Engineer(and/or Registered Professional Land
Surveyor) of the Commonwealth,for the public record. This plan will
include:
➢ "As-Built' post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
➢ 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 aanv disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
68. 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#242-1210.-
Future work within 100' of existing wetland resource areas will
require a separate filing wth.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 # 62);
I�
CAWinword\OOC\Lot3Forest.doc 11 NACC 10/07/2003
DEP FILE #242-1210
A Prohibition of underground fuels (Condition#63);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-
icing compounds and pesticides (Conditions #64 &65).
CAWinword\000\Lot3Forest.doc 12 NACC 10/07/2003
DEP FILE#242 -1210.
APPENDIX A -AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(BEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\00C\Lot3Forest.doc 13 NACC 10/07/2003
( s
Massachusetts Department of Environmental Protection
DEP File Number.
L7Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-4210
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions , fror the date of issuance.
4 Iola
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Offic (see Appendix A)and the property owner(if different from applicant).
Sig tures:
r
On a-^d Of &,,-o be
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission&res
This Order is issued to the applicant as follows:
by hand delivery on LAY'oY certified mail, return receipt requested,on
Date Date
Wpaform5.doc•rev.12!15/00 Page 5 of 7
s r
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 5 - Order of Conditions 242-1210
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order.of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc•rev.12/15/00 Page 6 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1210
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c 131 40
s ,
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1210
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpafcrm5.doc•rev.12115/00 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request.infornpation
Important: 1. Person or artymakin request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do city/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
rab Project Location
Mailing Address
r�rm
Cityrrown State Zip Code
2. Applicant(as shown on Notice of intent(Form'3),Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
Cityrrown State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc•Appendix E•rev.8/11/03 Page 1 of 2
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Appendix E Request for Departmental Action,Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform&doc•Appendix E•rev.8/11/03 Page 2 of 2