HomeMy WebLinkAboutMARY A STELLA REALTY TRUST Massachusetts Department of Environmental Protection
i _
Bureau-of Resource Protection - Wetlands DEP File Num
ber:WPA Form 5 -,Order of Conditions 242-1244
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling From:
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):
Gary Litchfield of Litchfield Company Mary A. Stella Realty Trust
rertra Name Name
126 Cambridge Street 162 Gray Street
Mailing Address Mailing Address
Burlington MA. 01830 North Andover MA. 01845
City/Town State Zip Code CitylTown State Zip Code
1. Project Location:
Gray Street Lot 1 North Andover
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 4420 34D plan 14712
County Book Page
Certificate(if registered land)
3. Dates:
4/16/04 5/12/04 5/28/04
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
NOI April 2004
Title Date
Individual Sewage Disposal System-Lot 1 4/10/04 revised
Title 5/3/04
Individual Sewage Disposal System-Detail Sheet 4/10/04
Title Date
5. Final Plans and Documents Signed and Stamped by:
Joseph J. Serwatka, P. E.
Name
6. Total Fee:
$ 55.00
(from Appendix B:Wetland Fee Transmittal Form)
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Page 1 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fire number:
' t WPA Form 5 - Order of Conditions 242-1244
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 Acta Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® 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.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
bWPA Form 5 - Order of Conditions 242-1244
11 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 242-1244 "
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.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions
242-1244
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 shalt 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.
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DEP FILE#242- 1244
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,bya-
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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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 he Department.
25. This Order of Conditions is issued those issued under File No. 242-1244.
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 m 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 driveway and associated
grading in the buffer zone to a bordering vegetated wetland.
29. The work shall conform to the following:
Notice of Intent filed by Gary Litchfield
Litchfield Company,Inc.
126 Cambridge Street
Burlington,MA 01803
Prepared by Joseph Serwatka
P.O. Box 1016
North Andover, MA 01845
Received April 16,2004
Site Plans prepared by Joseph Serwatka
P.O. Box 1016
North Andover, MA 01845
Dated April 10, 2002,last revised 5/3/04
Signed and Stamped by Joseph J. Serwatka,P.E.
Entitled Lot 1 - Individual Sewage Disposal System in
North Andover, Massachusetts
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a
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Detail Sheet(No title)
Dated April 10,2004
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant
to the interests of the Act and Town ByLaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as previously approved under an Order of Resource Area Delineation
(ORAD), DEP file # 242-1127. Note that the ORAD approval only approved the
limits of the buffer zones and not the resource area itself(see addendum to
ORAD).
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 (251
No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be
established from the edge of the adjacent wetland resource area. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive
these setbacks as established under the local bylaw. No disturbance of existing
grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4&
Appendix F of the local Regulations).
33. 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
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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 thisro r
e pursuant to the Order. Issuance p p ty p ss ce 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 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 242-1244."
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
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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. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and
referenced documents before commencement of construction.
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 of Compliance is issued so that erosion control measures can be properly
placed and wetland impacts can be monitored. The proposed limit of work shall be
shall be clearly marked with stakes or flags and shall be confirmed by the NACC.
Such markers shall be checked and replaced as necessary and shall be maintained
until all construction is complete. Workers should be informed that no use of
machinery, storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time. All flags used for the above
purposes shall be of a color different from other flagging used on the site.
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.
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45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 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.
46. A check payable to the Town of North Andover shall be provided in the amount of
$2000, 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.
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 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. 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
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applicant and/or owner has readthese Orders of Conditions and is in compliance
with each and.every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at least
five (5) business prior days to the closing of said land transaction.
49. 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
50. 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.
51. 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.
52. No exposed area shall remain unfinished for more than thirty (30) days,unless
approved by the NACC.
53. 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.
54. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
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55. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
56. 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.
57. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
58. 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
59. 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.
60. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
61. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
either by loaming and seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative cover has been
achieved.
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62. 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.
63. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A— "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trustor 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-Built"plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As-Built"post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone,which is regulated as a resource area under the local Wetland
Protection Bylaw.
Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions,fences,sheds,
stone walls,pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes any disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
64. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
C:\Winword\OOC\GrayStLot1242-1244.doc 9 NACC 5/28/04
DEP FILE #242 - 1244
R ➢ 25' No-Disturbance Zone and a 50-' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those previously disturbed areas approved under this filing. Future
work o within 100' of existing wetland resource areas will require a
separate filing with the NACC. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive
these setbacks as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition# 58);
➢ Prohibition of underground fuels(Condition#59);
➢ Limitations on the use of fertilizers,herbicides, and pesticides
(Conditions#60).
it
C:\Winword\OOC\GrayStLot1242-1244.doc 10 NACC 5/28/04
DEP FILE#242 - 1244
APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 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. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I 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 19
I inspected said property together with any and aII 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. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC\GrayStLot1242-1244.doc 11 NACC 5/28/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fite"Umber:
WPA Form 5 Order of Conditions 242-1244
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
Conditio s#4, from the date f issuance.
�� a�l�� s'/� a7
Date • i
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 must b ailed or
hand delivered at the same time to the appropriate Department of Environme P n Regional
Office (see Appendix A) and the property owner(if different from applica
Signatures:
On I Of X00
Day Month any Year
before me personally appeared
S&C-41
to me known to be the person described in and who executed the for inn ingtn um—nf mad
acknow dged that he/she executed the same as his/her free act andee
DOWALWEM
Notary Public My commissio19-MERL
N�(r + • .
This Order is issued to the applicant as follows:
❑ by hand delivery on y certified mail, return receipt requested,on
1
Date Date
Wpaform5.doc-rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
r ' WPA Form 5 -- Order of Conditions
242-1244
Massachusetts.Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved b this Order, an owner of land abutting the I
Y Y g and 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
Bureau of Resource Protection - Wetlands DEP File Number:-
WPA Form 5 Order of Conditions 242-1244
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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:
242-1244
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc•rev.12/15/00 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 Information
Important:
When filling 1. Person or party making request(if appropriate, name the citizen group's representative):
);
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town
not use the State Zip Code
return key. Phone Number
Fax Number(if applicable)
VIRrab�
Project Location
fA AV
renin,
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ 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.5/12/04 Page 1 of 2
a
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
I
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.
j
wpaform5.doc•Appendix E•rev.5/12/04 Page 2 of 2