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Building Permit #673 - 998 SALEM STREET 5/4/2010
BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: 6 Date Issued: S7 Ww Date Received 4... 0 q 1 - TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Sept* \Well Floodplain Wetlands Watershed District ater/Sewer f A DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly) OWNER: Name: TFC + AficAIZ-�- N/M/&1./}yt�c L� Phone: is: -7 m RAPTOR Narnr?- .I1 ARCH ITECTJENGINEER— r/X CN6-11VEcr'N'4I Phone: %33 Address: 2 /1/ - Reg. No. FEE SCHEDULE: BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ FEE: $ Check No.: 1 Fz�� Receipt No.: --*'72 NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner Signature of contractor Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ®' Building Permit Application ®� Workers Comp Affidavit ©- Photo Copy Of H.I.C. And/Or C.S.L. Licenses m' Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract ❑ Floor/Crossectian/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ZBuilding Permit Application a' Certified Proposed Plot Plan a/ Photo of H.I.C. And C.S.L. Licenses V Workers Comp Affidavit Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) Y Copy of Contract a Mass check Energy Compliance Report La/ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2008 Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private (septic tank, etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes 'a Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/signature & Dae ✓� Driveway Permit DPW Town Engineer: Signature: LocqjLxr384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site' yes no ` Located -at 124 Main Street Fire Department signature/date COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine NOTES and DATA — (For department use) ❑ Notified for pickup - Date Doc.Building Permit Revised 2010 - Location No. (� 73 DateI/c/ I'd r r 40RTh TOWN OF NORTH ANDOVER ' Certificate of Occupancy $ '� s''••<� Building/Frame Permit Fee $ Lr -3 ^CMUS Foundation Permit Fee $ J Other Permit Fee $ TOTAL $ 6'� Check # 22993 14 134eiding Inspector a 'e�cxus� CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 673-2011 Date: January 13, 2011 THIS CERTIFIES THAT THE BUILDING LOCATED ON 998 Salem Street North Andover MA 01845 Jeffrey Mangiameli MAY BE OCCUPIED AS _single-family IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Jeffrey Mangiameli (occupant) Building Inspector Fee: 100.00 Receipt: 22993 previously paid co o� ac ui (f v / zU) Oz �o \O 4U U U) 0 w U U) F=4 Z C O w■ L O � v Z/�� ii O y I � C YI Q CD._ COD CD c LMO Cc o Q CL CM< c c .0- C Ccc .vCL.C2 CD J '0 C Z ts CL �..� h c C C■_ "r C c y W cl N U) ce W W 19 ,,Www Y/ ct5 c H O O CL C MM m C L : : L y0„ n to r C -):m c� 0 CID CO N c m 3 o� A s °°3 � � m� y y O O y m R y O m cr. cm"s cQ s c 32 ca V 'yO i c3 ._ Z O c W : ya O C '7= _ `Dm c W ~ 0 h m H m COD y0„ M= 03 t LL .. c M Cc ca ca �E CL= cam, .0 g •C o LU � m om��_ g CO.) aO m ' O a32 `y C 2 eyv (f v / zU) Oz �o \O 4U U U) 0 w U U) F=4 Z C O w■ L O � v Z/�� ii O y I � C YI Q CD._ COD CD c LMO Cc o Q CL CM< c c .0- C Ccc .vCL.C2 CD J '0 C Z ts CL �..� h c C C■_ "r C c y W cl N U) ce W W 19 ,,Www Y/ V10RTF1 411 .fir ��°�'- k' •� OL O " � APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTIO C73 N Buildim Permit # ADDRESS&OCATIOIN OF PROPERTY: �Ex lerv, �rt Map/Q Parcel 50 Lot Number 30 SUBDIVISION DATE REQUESTED FILED/READY FOR INSPECTION CLOSING DATE ON PROPERTY: FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A RE- INSPECTION FEE OF TWENTY DOLLARS $20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOl Address SIGNED CODES. ZIP'- SIGNED mo RO TING CONSERVATION PLANNING A/// DPW, WATER METER F77 f, 1 q I 0 SEWERIWATER CONNECTION Q . NOTE DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST DPW Signature Fife: Application for OC form revised Jan 2007 Ej z 0 a ' raz�" 7—\V J �' \I' i r It j, ;1 Li CGS 2 Silver Ledge Road, Newbury, MA 01951 Office: 978-462-4331 • Cell: 978-973-2366 • Fax: 978-462-5528 • email: jfix@comcast.net August 1, 2010 Inspector of Buildings — Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Residential construction at 998 Salem Sr, North Andover, MA Dear Building Inspector: I have visited the residence at 998 Salem Street in North Andover and made observations of the new construction. I observed that the structural framing, which was substantially complete, had been constructed in general accordance with — or met the intent of — the drawings which I had stamped. If you have any questions, please feel free to contact me. Sincerely, Jo m m X m m X m v m .v y C � CO) Cl) O CD C2 Z y E; o n. r � ? O C. = y n� a� O o v CD CD o CL plop CD Er T CD 0 CD C CD yCD� CL O CO CD I C 0 C ?o 010 =r O d = ®gym Hma� �. O Cf1 Cf1 'sy CA .* CD 17 99—m m j o 4 H fm�; o a O y m � O� 'h O 0 y C09 . .CO ?y �: n All, o 0m CL I �=r _s — O y 10®c CO a O Q CZ d C W d gy: <m: m CD y :� N Q 1 1 m a)� .� gym: o 91 CD C4, „y •O O CD O O ' O ® y o CD: � d o� a' n d C" o ~" ?1 0 �7 (� 0 �1 a m n n O o � 0 w �' w ;• x r w x � �- Z " A O_ r 1' /l.•W..1�1 rte+ Gd O 0 tz OCfl o a y � tTl bm m � 7d 0 o zy 7 v J O d cn m FW � ^O ' ^ 0 e+. ^^ VJrr � VJ C ?o 010 =r O d = ®gym Hma� �. O Cf1 Cf1 'sy CA .* CD 17 99—m m j o 4 H fm�; o a O y m � O� 'h O 0 y C09 . .CO ?y �: n All, o 0m CL I �=r _s — O y 10®c CO a O Q CZ d C W d gy: <m: m CD y :� N Q 1 1 m a)� .� gym: o 91 CD C4, „y •O O CD O O ' O ® y o CD: � d o� a' n d C" o ~" I • z omq 0 O C ?1 0 �7 (� 0 �1 a m n n O o � � w �' w ;• x r w x � �- a. " A �`��,'f r 1' /l.•W..1�1 rte+ Gd tz y � tTl � 7d I • z omq 0 O C GENERAL BUILDING NOTES/CHECKLIST- NOT LIMITED TO ITEMS BELOW POST ALL LOT NUMBERS, ADDRESS, AND PERMIT (COPY 0K)..or no inspections INSPECTIONS: (Minimum) Excavation , Footing, Foundation, Frame, Insulation, Final. FOOTINGS: Continuous Full 2x4 Keyway Continuous strip footings for interior columns FOUNDATION: Rebar as required Anchor bolts or straps Damproofing Foundation drain - pipe/stone/fabric filter/cover and outlet connection. FRAME: Fireblock - over girts/plates between floor joist Penetrations for plumbing, heat, elec, etc. Walls at stair stringers. Windbrace corners and center bearing partitions. Size ridge to provide full bearing at rafter cuts. Hip and Valley rafters - watch bearing at walls. Ridge & Hip - Provide proper connections. Cathedral roof rafters provide proper connections and use "Hurricane Clips" tie to plate. Stair stringers - watch cuts and heal support. Joist hangers - fully nailed w/ hanger nails. Sill plates 2-2X6 (1 PT) w/sill seal. Girls - solid brick or steel plate bearing at foundations " air space at sides in foundation pockets. Lateral bracing at ends. Certified calculations. required for Beams/LVL's Trusses. Solid bearing support for Headers/Beams etc. Check headroom clearances - stairways, under beams Attic Access. (min. 22x30 w/3' headroom above). Crawl space access. (min. 18x24). Bath exhaust fans to have metal duct to exterior (not. in soffit). Firecode S/R wood frame of "0" clearance fireplaces & stoves P . Window Schedule or Every Habitable Room Must Have: Natural light equal to 8% of floor area. %of required glazing shall be openable. ` Bedrooms required min. 20x24 egress window or door. Vent attic spaces - "proper vent", soffit and required ridge vents. Firecode under stairs if used for storage =FIREPLACES: Separate permit required. Inspections at Footing - Smoke Chamber - Finish Smooth;parging, clean joints, 8" solid @ combust k L DECKS: Lag to house, provide flashing. Rails min. 36" high; Baluster max space 5" on center. Over 8' above grade, use 6x6posts w/lateral bracing. Lag all posts and rails. Pier• footings down 48", Conc. pad at stair base. FINISH: Handrails returned to wall/newall post. Guardrails required alongside open cellar stairs. Exterior grading complete. Certificate or occupancy required prior to occupying structure. Temporary Stairs required for inspection. Re -inspection fee - $30.00 (Be Ready). Certificate of occupancy required prior to occupying structure. FIX ENGINEERING 2 Silver Ledge Road SHEET NO. OF Newbury, MA 01951 CALCULATED BY 978-462-4331 DATE Email: jfix@comcast.net CHECKED BY DATE / SCALE ..... ............ . ....... . n .. ............ s.. .. .... . ... .. S/r►�t�d�t/ .. ...... ... ....... :.___._ .......:.. .... .......... .... , ;QTS"/..... .................. ................ ................... _ .. .. 4 r i ... _... _ .. J............. d .......... -, i..... _ _.... i............ _ L.................. .......................................... . ........a...... .......i... . ....... ...... ...... ...... .. - _.... .. ... .. ._. .,............... .. £r... _........................:.........._..i.........__. ....._...... ... __.. ...... ..... ...... �{��J ..... .../. ......................_. ...... ...... ...............:..._. .... .....: ...._.... ........ ;//7� ................... ........ 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CD �<�1 ; ;� �' C&D ti"N d � @ p n S ` p C, � C d cn O rt C p to O CA CD o ® �. ;w N m ` no moo: oCD. cn O rD d cn " Co :; w O QCQ G� y ?' CD �<�1 ; ;� �' :�7 C" n n? 7 9z 0 UC4 � -p n S ` 7o cc � C d cn O rt C p to O DEP FILE # 242 -1468 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 fol.19 cg onditions modify or differ from the lans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. dl GENERAL CONDITIONS rK 1, I 19. The proposed work includes: The demolition of an existing single family house and construction of a new single family home, driveway with appurtenant site work and grading within 100 feet of a bordering vegetated wetland. A connection to a sewer force main in Salem Street is also proposed. 20. The work shall conform to the following: Applicant: Jeff & Michelle Mangiameli 17 Wilson Avenue Belmont, MA 02478 Notice of Intent filed by: see above Dated: 12/21/09 Site Plans prepared by: Christiansen & Sergi, Inc 160 Summer Street Haverhill, MA 01830 Titled: Site Plan for Notice of Intent in North Andover, Mass. at 998 Salem Street for Jeff & Michelle Mangiameli Dated: December 18, 2009 Revised: 1/20/10 21. 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. 22. 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. 23. 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. 242-1468,998 Salem Street OOC.doc I NACC 1/28/2010 DEP FILE # 242 -1468 24. 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. 25. 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. 26. The work authorized hereunder shall be completed within three years from the date of this order. 27. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thir1y da s 3Q) prior to the, expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 28. 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. 29. 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. 30. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 31. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is 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 this resource area to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource area (wetland flags Al through A9 and B2 through B8 on the site as shown on the revised plan dated and referenced herein. Wetland flags B9 through B13 have also been approved and shall be 242-1468,998 Salem Street OOC.doc 2 NACC 1/28/2010 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-148$ WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover Cityrrown A. General Information (cont.) s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate Number (if registered land) 10044 159 c. Book d. Pa e 12/31/09 1 10 l � fO 7. Dates: a. Date Notice of Intent Filed b. Date PubAc Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan for Notice of Intent a. Plan Title Christiansen & Sergi, Inc. Philip G. Christiansen, P. E., Michael J. b. Prepared By Sergi, R. P. L. S. 1/20/10 1 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date B. Findings f. 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 (the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries t. 0 Protection of Wildlife g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc - rev.12123MS Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1468 WPA Form 5 - Order of Conditions MassDEPFile # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover cityrrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which Is lacking and why it is necessary Is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ®- Buffer Zone Impacts: Shortest distance between limit of project a. linear feet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. ❑ Bank 5. ❑ Bordering Vegetated Wedand 6. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage a. linear feet b. linear feet c. linear feet d. linear feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet e. cty dredged f. c y dredged c. square feet d. square feet a. square feet b. square feet C. square feet d. square feet e. cubic feet f. a,bic feet g. cubic feet h. cubic feet a. square feet b. square feet c. cubic feet d. cubic feet e. cubic feet f. cubic feet wpaforw6.doc • rev. 120/09 Pepe 3 of U Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242"1468 12. MassDEP File # WPA Form 5 — Order of Conditions below Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Coastal Beachescu North Andover 14. City/rown B. Findings (cont.) yd cu yd a. square feet b. square feet c. nourishment d. nourishment Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 9. ❑ Riverfront Area a. total sq. feet b. total sq. feet a. linear feet b. linear feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100- 200 ft g. square feet h. square feet t. square feet j. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a. square feet b. square feet c. dy dredged d. dy dredged 21. ❑ Land Subject to Coastal Storm Flowage a. dy dredged b. Uy dredged a. square feet b. square feet wpafonr6doc • rev.1112M Page 4 of 12 Indicate size under Coastal Beaches and/or Coastal Dunes 12. ❑ Barrier Beaches below 13. ❑ Coastal Beachescu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunescu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 1s. ❑ Land Under Salt Ponds a. square feet b. square feet c. dy dredged d. dy dredged 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ❑ Land Subject to Coastal Storm Flowage a. dy dredged b. Uy dredged a. square feet b. square feet wpafonr6doc • rev.1112M Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 22. ❑ Restoration/Enhancement: a. square feet of BVW 23. ❑ Stream Crossing(s): b. square feet of salt marsh Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover cityrrown a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. -If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Omer of Conditions and the Order will expire on unless extended in writing by the Department. 7. 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. 8. 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. wpaform5.doo • rev.12/23M9 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: L71Bureau of Resource Protection - Wetlands 242-1468 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover city/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) �. 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 the 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. 10. 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" for, "MassDEP"] "File Number 242-1468 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. 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. 15. 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. 16. 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. 17. 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. wpafom,5.doc - rev.12r23M9 Page 6 of 12 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been property cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; fl. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; W. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaWr,6.dx - rev.12MM Pegs 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1468 Bureau of Resource Protection - Wetlands MassDEP File # LO, WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransectfon# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been property cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; fl. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; W. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaWr,6.dx - rev.12MM Pegs 7 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover city(rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan CO&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintaih the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpownS.doe • rev.1223109 Pepe 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1468 Bureau of Resource Protection - Wetlands MassDEP File # L/ WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransadion# North Andover CWrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaformS.doc - rev. 12/2 M Page 9 of 12 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by M8ssDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover Ckyrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. 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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Attached K478forrn5.doa • rev.12l1 M Page 10 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover Clty/Town 1. Date of Issuance 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Date F. Appeals ['by certified mail, return receipt requested, on / / 6? -eL zo Date / 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpaformEdoc - rev. 12123/D9 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1468 MassDEP File # WPA Form 5 — Order of Conditions ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover Cnyrrown G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of tide 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 this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------- ------------------------------------------------------------------------------------ - To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 998 Salem Street Project Location Has been recorded at the Registry of Deeds of: Essex North County for: Property owner 242-1468 MassDEP File Number Book Page 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.doe - rev. IMM Paye 12 of 12 DEP FILE # 242 -1468 and approved by the NACC or its agent 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 or its agent. 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 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, l hay bale to equal 3 feet of 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 axe of continuing nature. The applicant may propose a monetary release schedule .keyed to copnpletion of specific portions of the project for the NACC's review and approval.. 'Th is condition 1,6 issued under the authority of the local ByLaw. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC ori its agent) os� an "Erosion Control Monitor" to oversee any emergency placement of. controls and xegular inspection or replacement of sedimentation control devices. The naive and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site; during any 24-hour period, including weekends. The Environmental Professional w VI immedUtely notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to, inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall.inclode removal -f 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 atOicat t diall 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 242-1468,998 Salem Street OOC.doc 5 NACC 1/28/2010 DEP FILE # 242 -1468 functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 48. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with a post and rail fence which will extend from the northern property boundary to the southern property boundary (parallel to wetland flags B2 through B13) and markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". 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. The markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the foundation corners of the SFH. These measurements will be verified in the field during the pre -construction meeting. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. 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, 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). 242-1468,998 Salem Street OOC.doc 6 NACC 1/28/2010 DEP FILE # 242 -1468 ATER MANAGEMENT CONDITIONS 52. 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. 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 54. Upon beginning work, the applicant shall submit written monthly progress 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. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 57. 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. 58. A crushed stone construction entrance shall be installed to minimize soil / material tracking onto Salem Street. All construction vehicles must access the site through the construction entrance. This entrance shall be reinforced as necessary. A detail shall be provided to the Conservation Department prior to the start of construction. 59. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 242-1468,998 Salem Street OOC.doc 7 NACC 1/28/2010 DEP FILE # 242 -1468 60. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge area and a silt sock shall be used. De -watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor. This designee must be on-site while work specific to de -watering activities are occurring and until complete. Activities shall be monitored daily by the Environmental 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 under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. 61. A split rail fence shall be constructed (and be repaired/ replaced in perpetuity) upslope of the 25' No Disturbance Zone, parallel to wetland flags B2 through B13, and extending from the northern property boundary to the southern property boundary. Upland area between the wetland and the proposed fence shall be allowed to revert to a natural state where previously mowed and shall not be disturbed. 62. 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. 63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 64. 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. 65. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 66. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas as shown on the approved plan referenced herein. Further, due to the existing grade on the site, any approved temporary 242-1468,998 Salem Street OOC.doc 8 NACC 1/28/2010 DEP FILE # 242 -1468 stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils to the resource area. 67. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 68. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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 71. 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. 72. 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 Towns Wetland Protection ByLaw and shall remain in perpetuity. 73. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 242-1468,998 Salem Street 00C.doc 9 NACC 1/28/2010 DEP FILE # 242 -1468 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional 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 of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ 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. ➢ The delineated wetland line from wetland flag B1 to flag B13 and the post development location of the post and rail fence. 242-1468,998 Salem Street OOC.doc 10 NACC 1/28/2010 DEP FILE # 242 -1468 76. 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 # 242-1468. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) 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; ➢ Resource Area Markers (Condition #48); ➢ Split rail fence (Condition #61) ➢ Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72). 242-1468,998 Salem Street OOC.doc 11 NACC 1/28/2010 DEP FILE # 242 -1468 APPENDIX A - AFFIDAVIT 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. 2. I am the &/or 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 19T 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) 242-1468,998 Salem Street OOC.doc 12 NACC 1/28/2010 DEP FILE # 242 -1468 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. &/or 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. 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 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) 242-1468,998 Salem Street OOC.doc 12 NACC 1/28/2010 DEP FILE # 242 -1468 be depicted on the as -built plan. 33. 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 twen five foot 25' No -Disturbance Zone and a Lft foot 50' No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: Waiver of the 50 -foot No -Build Zone from the A - series wetland for construction of the southwestern corner of the driveway, portions of a walk and a stone retaining wall as depicted on the record plan referenced herein. 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. 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 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. PRIOR 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 242-1468,998 Salem Street OOC.doc 3 NACC 1/28/2010 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1468 Bureau of Resource Protection - Wetlands MassDEP File # ,r WP A Form 5 — Order of Conditions Alteration Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 eDEP Transaction # a. linear feet North Andover c. linear feet City/Town B. Findings (cont.) b. square feet Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet Is attached to this Order. c, ❑ 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 Acts interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 41 3. ® Buffer Zone Impacts: Shortest distance between limit of project a. linear feet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Resource Area 4. ❑ Bank 5. ❑ Bordering Vegetated Wetland s. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage rryafMM5.d=• mv.12l23M Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. linear feet b. linear feet c. linear feet d. linear feet b. square feet c. square feet d. square feet a. square feet a. square feet b. square feet c. square feet d. square feet e. cty dredged f. dy dredged a. square feet b. square feet c. square feet d. square feet e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet c. cubic feet b. square feet d. cubic feet e. cubic feet f. cubic feet Page 3 of 12 TRANSFER OF INTEREST IN AND FOR ONE (11 DEDICATED PRIVATE SEWER LINE An agreement made this day by and between Pacific Realty Trust, pursuant to Declaration of Trust dated January 3, 1997 and recorded in Book 4668 Page 49 at the Essex North Registry of Deeds with a principal address of 72 Foster Street North Andover, MA 01845, (Map 104D Parcel 47) hereinafter ("Grantor") its heir, assign or nominee and; Jeff Mangiameli with principal address of 17 Wilson Ave Belmont, MA 02478 hereinafter ("Grantee") and or his heir, assign or nominee. WITTNESETH For the express purposes as stated herein, Grantor has an interest as to one (1) dedicated three inch (3") private forced main sewer line located off Salem Street North Andover MA, designed and extended for Grantor to certain property located at 10 Foster Street, (formerly 1028 Salem Street [Map 104D Parcel 32] as per Approved Plan noted below) hereinafter ("Dedicated Private Sewer Line"); and further identified pursuant to: a) AN EXISTING CONDITIONS PLAN FOR 1028 SALEM STREET PREPARED BY NEW ENGLAND ENGINEERING INC. BY AND FOR ALBERT MANZI III, 1028 SALEM STREET NORTH ANDOVER MA (OR NOMINEE) APPROVED BY THE NORTH ANDOVER DEPARTMENT DEPARTMENT OF PUBLIC WORKS WATER AND SEWER DIVISION (Approved Plan), PURSUANT TO AN APPLICATION FOR SEWER SERVICE # 2466 DATED 9/16/04. hereinafter ("Approved Plan") 1. The Dedicated Private Sewer Line was installed as part of a contemporaneous installation of eight (8) dedicated sewer lines. 2. New England Engineering Inc., Ben Osgood Jr. PE prepared the engineering for the private sewer lines as per the Approved Plan, and Arco Excavators Inc. installed said lines. Page 1 of 5 3. Grantee seeks to acquire Grantor's rights as to Dedicated Private Sewer Line (1 line ) for the express purpose of construction of a single family dwelling. 4. The Dedicated Private Sewer Line and or its components were installed on or about the Fall months of 2004 and are transferred to Grantee in "AS IS" condition. Grantor makes no warranties or representations express or implied to the Grantee as to the viability, design, installation, use, or any other representation thereto with respect to the condition of the Dedicated Private Sewer Line since installation; 5. As a condition hereto, Grantee assumes any and all risk as to its own use of the Dedicated Private Sewer Line including but not limited to: Costs, repairs, design, re -design, installation, connection, connection fees, permits, maintenance, and alike. 6. As a condition hereto, Grantee shall further indemnify and release Grantor and its Agents and or Assigns, and the Town of North Andover its Agents and or Assigns from any and all liability and or costs whastsoever with respect to Grantees use of the Dedicated Private Sewer Line and or any other existing private forced main line and or any other occurrence natural or otherwise as a result of this Agreement or Grantee's construction. 7. As a rondition hereto, Grantee and his agents shall agree to repair and or replace any and all private forced main sewer lines that may become damaged in the course of excavation/construction by and or for Grantee now or in the future. Grantee and his agents shall agree to coordinate excavation and backfilling of trenching with Grantor and or his designee, and the Town of North Andover by and through its Designee in order to 1) Properly identify Grantee Dedicate Private Sewer Line tie in and 2) Inspect existing Private Sewer Line(s) for damage in the course of excavation. Grantee further covenants with Grantor to assume any and all risk to repair dedicate private forced mains lines damaged in the course of Grantee's construction and or Grantee's future repairs which may include but are not limited to costs to: Repair, design, re -design, installation, connection, connection fees, permits, maintenance, and alike. Grantor, Grantee and the Town of North Andover expressly state and agree that the Grantee is solely responsible for the maintenance of the Dedicated Private Page 2 of 5 Sewer Line and further state that to the extent the Town of North Andover extends the existing public sewer within Salem Street the Grantee may be subject to a Betterment by the Town of North Andover for said Sewer extension. 9. The Grantor, Grantee and Town of North Andover hereby acknowledge the remaining (3) Private sewer lines listed within the March 1, 2010 letter to Tim Willet by Grantor incorporated by reference hereto and are not part of this Agreement as to the Grantee, and are not the property of the Town of North Andover. 10. NOW THEREFORE, in exchange for consideration hereby acknowledged, Grantor unconditionally and irrevocably assigns, confers, and forever transfers any and all right title and interest, if any, with respect to (1) Dedicated Private Sewer Line as described and identified herein for the express purpose of Grantee its heirs, or assign or nominee for the construction of a single family dwelling. Witness my hand and seal this 4 day of March 2010 under seal. Pacific Realty Trust By its Trustee ert P. Manzi IlAs4re J f . Acknowledged and assented to by the Town of North Andover By its Water & Sewer Department Timothy r Superintendent tness Page 3 of 5 CERTIFICATE OF TRUSTEE I, the undersigned, being the Trustee(s) of Pacific Realty Trust established by Declaration of Trust dated January 3, 1997, having an address of 72 Foster Street North Andover, MA and being recorded at the Essex North Registry of Deeds Book 4668 Page 49, hereinafter ("Trust"), certify that the Trust has not been terminated, amended or revoked; that the Trust is the sole owner of the sewer line interest; that the Trustee(s) have full authority to enter into any and all agreements on behalf of the Trust, and the Trustees have the full authority to execute any documents for the sale and or transfer of the sewer line interest; That the Trustee(s) have the full authority to sell and or transfer the sewer line interest and the beneficiaries have fully assented to the same. The Trustees have the full authority to execute any and all agreements and or documents on behalf of the Trust with respect to the sewer line transfer. Witness our hands and seals this 4 of March, 2010. Pacific Realty Trust By its Trustee Al rt P. Manzi III., squirTe r 71111e ss Page 4 of 5 Commonwealth of Massachusetts Essex, ss. On this day of March 2010, subscribed before me, the undersigned notary public, personally appeared Albert P. Manzi III and proved to me through satisfactory evidence of identification, which was a Massachusetts Drivers License to be the person whose name is signed on the attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. R AYMONDZ;O a NotpLbSc � Notary Public My Commission Expires: Page 5 of 5 Important: When filling out forms on the computer, use only the tab Ivey to move your cursor - do not use the return key. A. General Information North Andover 1. From: Conservation Commission 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): 3. To: .Applicant: Jeff & Michelle Mangiameli a. First Name b. Last Name c. Organization 17 Wilson Avenue d. Mailing Address Belmont e. City/Town 4. Property Owner (if different from applicant): a. First Name Nicholas A. Artimovich Trust MA 02478 f. State g. Zip Code b. Last Name c. Organization 998 Salem Street d. Mailing Address North Andover MA 01845 e. City/Town f. State g. Zip Code 5. Project Location: 998 Salem Street North Andover a. Street Address b. Cityrrown Map 104D Parcel 30 c. Assessors Map/Plat Number d. Paroel/Lot Number Latitude and Longitude, if known: 42d40'm02"Ns 71d04'm24"Ws d. Latitude e. Longkude wpaform5.doc - rev. 1223/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1468 WPA Form 5 — Order of Conditions MassDEP Fila # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover City/Town Important: When filling out forms on the computer, use only the tab Ivey to move your cursor - do not use the return key. A. General Information North Andover 1. From: Conservation Commission 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): 3. To: .Applicant: Jeff & Michelle Mangiameli a. First Name b. Last Name c. Organization 17 Wilson Avenue d. Mailing Address Belmont e. City/Town 4. Property Owner (if different from applicant): a. First Name Nicholas A. Artimovich Trust MA 02478 f. State g. Zip Code b. Last Name c. Organization 998 Salem Street d. Mailing Address North Andover MA 01845 e. City/Town f. State g. Zip Code 5. Project Location: 998 Salem Street North Andover a. Street Address b. Cityrrown Map 104D Parcel 30 c. Assessors Map/Plat Number d. Paroel/Lot Number Latitude and Longitude, if known: 42d40'm02"Ns 71d04'm24"Ws d. Latitude e. Longkude wpaform5.doc - rev. 1223/09 Page 1 of 12 FIX ENGINEERING JOB 2 Silver Ledge Road SHEET NO. OF Newbury, MA 01951 CALCULATED BY 978-462-4331 DATE Email: jfix@comcast.net CHECKED BY DATE SCALE ......__._......._.....i.._......._............................ i..........._i_-._-. ... ................. ....._.............._.. ...... ..... ..... ; ... ......: ..... ................. .........:......._....................._.._ .... .... i _...:..._ _:. �T ..... ...... ...... ...... ..... _... ..... _........................: .................. ...... .... : ........................ ._._ . 14 T-1 ....__.....:........................ ,......._....,..............;.._..._. ...... ..... ...................._.. ..... ...._ ...... ..... - .:. ... .........._ : .. -1-1..._...... ..................... ........ ...... ... ... .._.. ...... _.... ...... .... ...... .....(9),__Ar�rs �r `... . .... ., .... Aet7t��� .. ... .. ............ ... .... ........ ...... ... ........ ;.... JOS PN P IX a .. :.. .. . ......:. ...... ;.... STRU .. . ........ ......... _ .:...... .... . N .... �+ Q� .... . ®�`� .. .... ... ........ l /` Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1468 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover Cityrrown A. General Information Important: When filling North Andover 1. From: out forms Conservation Commission on the 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions computer, (check one): use only the tab key to 3. To: Applicant: move your cursor -do Jeff & Michelle Mangiameli not use the a. First Name b. Last Name return key. m c. Organization 17 Wilson Avenue d. Mailing Address Belmont MA 02478 e. City/Town f. State g. Zip Code 4. Property Owner (if different from applicant): a. First Name b. Last Name Nicholas A. Artim_ovich Trust c. Organization 998 Salem Street d. Mailing Address North Andover _ _ MA 01845 e. City/Town f. State g. Zip Code 5. Project Location: 998 Salem Street North Andover a. Street Address b. Cityrrown Map 104D Parcel 30 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d40'm02"Ns 71d04'm24"Ws d. Latitude e. Longitude wpaform5_doc - rev. 12/23!09 Page 1 of 12 Massachusetts Department of Environmental Protection L1Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 11 A. General Information (cont.) Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover Cityfrown 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate Number (If registered land) 10044 c. Book d. Pa e !-7 Lv b. Date PulAc Hearing Closed 159 7. Dates: 12/31/09 a. Date Notice of Intent Filed /U -ho c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan for Notice of Intent a. Plan Title Christiansen & Sergi, Inc. b. Prepared By 1/20/10 d. Final Revision Date Philip G. Christiansen, P. E., Michael J. Sergi, R. P. L. S. V=20' e. Scale f. Additional Plan or Document Title g, Date T B. Findings 1. 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 (the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc • rev. 12MM Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by MassDEP: 242-1468 MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover cityrrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot most its attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which Is lacking and why It is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ®- Buffer Zone Impacts: Shortest distance between limit of project a. linear feet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet s. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. Gy dredged f. c!y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet wpaform5.doc • rev. 120M Pape 3 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L.. c. 131, §40 B. Findings (cont.) Denied because: Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover Cityrrown b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why It is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 1 3. ® Buffer Zone Impacts: Shortest distance between limit of project 44linearfeet disturbance and Bank or Bordering Vegetated Wetland boundary (if a. available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c square feet d. square feet 6. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. Gy dredged f. cfy dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet e. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet wpaform&dw- rev. IMM Page 3 of 12 c. cJy dredged d. cly dredged 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ❑ Land Subject to Coastal Storm Flowage wpaforms.dx • rev.12rd= a. Oy dredged b. c!y dredged a. square feet b. square feet Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: of Resource Protection - Wetlands 242-1468 ILIBureau WPA Form 5 - Order of Conditions MassDEPFile # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover cityrrown B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 9. ❑ Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100- 200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a. square feet b. square feet c. cly dredged d. cly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a. square feet b. square feet a nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. cJy dredged d. cly dredged 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ❑ Land Subject to Coastal Storm Flowage wpaforms.dx • rev.12rd= a. Oy dredged b. c!y dredged a. square feet b. square feet Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover city/rown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a. square feet of SVW b. square feet of salt marsh 23. ❑ Stream Crossing(s): a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance.- If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. 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. 8. 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. viWom*.doc • rev. 12@3108 Page 5 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: 242-1468 MassDEP File # eDEP Transecdon # North Andover cayrro" C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 the 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. 10. 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, "MassDEP"] "File Number 242-1468 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. 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. 15. 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. 16. 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. 17. 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. wpafomiuoc • rov.12rAW Page 6 of 12 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: 242-1468 MassDEP f=ile # eDEP Transaction # North Andover Cityrro" C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; fl. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaforrn$.doa • rev.12MM Page 7 of 12 c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and li) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintaih the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpefonn5.doc • rev. 1203M Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1468 LI) WPA Form 5 - Order of Conditions MassDEPFile # Massachusetts Wetlands Protection Act M.G.L. c.131, §40 eDEPTrensaction0 North Andover cityrrmm C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and li) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintaih the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpefonn5.doc • rev. 1203M Page 8 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MessDER 242-1468 MassDEP File # eDEP Transadion # North Andover cityirmn C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpofonS.doc - mv.12/2 M Pie 9 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: 242-1468 MassDEP File # eDEP Transac ion # North Andover Cky town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. 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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Attached wpafotrn5.doe • rev.12MM Pape 10 of 12 DEP FILE # 242 -1468 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 proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 19. The proposed work includes: The demolition of an existing single family house and construction of a new single family home, driveway with appurtenant site work and grading within 100 feet of a bordering vegetated wetland. A connection to a sewer force main in Salem Street is also proposed. 20. The work shall conform to the following: Applicant: Jeff & Michelle Mangiameli 17 Wilson Avenue Belmont, MA 02478 Notice of Intent filed by: see above Dated: 12/21/09 Site Plans prepared by: Christiansen & Sergi, Inc 160 Summer Street Haverhill, MA 01830 Titled: Site Pian for Notice of Intent in North Andover, Mass. at 998 Salem Street for Jeff & Michelle Mangiameli Dated: December 18, 2009 Revised: 1/20/10 21. 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. 22. 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. 23. 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. 242-1468,998 Salem Street OOC.doc 1 NACC 1/28/2010 DEP FILE # 242 -1468 24. 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. 25. 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. 26. The work authorized hereunder shall be completed within three years from the date of this order. 27. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least Chir days X30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 28. 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. 29. 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. 30. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 31. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is 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 this resource area to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource area (wetland flags Al through A9 and B1 through B8 on the site as shown on the revised plan dated and referenced herein. Wetland flags B9 through B13 have also been approved and shall be 242-1468,998 Salem Street OOC.doc 2 NACC 1/28/2010 DEP FILE # 242 -1468 be depicted on the as -built plan. 33. 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 (2T) NomMsturbance Zone and a fifty, foot f50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: Waiver of the 50 -foot No -Build Zone from the A - series wetland for construction of the southwestern corner of the driveway, portions of a walk and a stone retaining wall as depicted on the record plan referenced herein. 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. 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 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. PRIOR 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 242-1468,998 Salem Street OOC.doc 3 NACC 1/28/2010 DEP FILE # 242 -1468 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 DEP, File Number 242-1468." 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 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. No work shall begin on a project until written approval has been granted by the NACC. 40. 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. 41. 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 restoration areas, installation of sedimentation/ erosion control devices and re -vegetation to be completed before other work begins on-site. Approval of the phasing plan is required prior to construction. 42. The applicant shall provide the NACC with proof (signed contract) that a connection to a private sewer line in Salem Street will be constructed to service the proposed residence with municipal sewer. No construction may commence until this documentation is received. 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 erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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. 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 242-1468,998 Salem Street OOC.doc 4 NACC 1/28/2010 DEP FILE # 242 -1468 and approved by the NACC or its agent 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 or its agent. 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 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of 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. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) 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 the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. 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 242-1468,998 Salem Street OOC.doc 5 NACC 1/28/2010 DEP FILE # 242 -1468 functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/z" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 48. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with a post and rail fence which will extend from the northern property boundary to the southern property boundary (parallel to wetland flags B2 through B13) and markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". 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. The markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the foundation corners of the SFH. These measurements will be verified in the field during the pre -construction meeting. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. 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, 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). 242-1468,998 Salem Street OOC.doc 6 NACC 1/28/2010 DEP FILE # 242 -1468 11 STORMWATER MANAGEMENT CONDITIONS In 52. 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. 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 54. Upon beginning work, the applicant shall submit written monthly progress 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. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 57. 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. 58. A crushed stone construction entrance shall be installed to minimize soil / material tracking onto Salem Street. All construction vehicles must access the site through the construction entrance. This entrance shall be reinforced as necessary. A detail shall be provided to the Conservation Department prior to the start of construction. 59. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 242-1468,998 Salem Street OOC.doc 7 NACC 1/28/2010 DEP FILE # 242 -1468 60. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge area and a silt sock shall be used. De -watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor. This designee must be on-site while work specific to de -watering activities are occurring and until complete. Activities shall be monitored daily by the Environmental 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 under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. 61. A split rail fence shall be constructed (and be repaired/ replaced in perpetuity) upslope of the 25' No Disturbance Zone, parallel to wetland flags B2 through B13, and extending from the northern property boundary to the southern property boundary. Upland area between the wetland and the proposed fence shall be allowed to revert to a natural state where previously mowed and shall not be disturbed. 62. 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. 63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 64. 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. 65. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 66. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas as shown on the approved plan referenced herein. Further, due to the existing grade on the site, any approved temporary 242-1468,998 Salem Street OOC.doc 8 NACC 1/28/2010 DEP FILE # 242 -1468 stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils to the resource area. 67. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 68. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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 71. 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 Towns Wetland protection ByLaw. 72. 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 Towns Wetland Protection ByLaw and shall remain in perpetuity. 73. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 242-1468,998 Salem Street OOC.doc 9 NACC 1/28/2010 DEP FILE # 242 -1468 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional 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 of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ 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 my disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. ➢ The delineated wetland line from wetland flag B1 to flag B13 and the post development location of the post and rail fence. 242-1468,998 Salem Street 00C,doc 10 NACC 1/28/2010 DEP FILE # 242 -1468 76. 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 # 242-1468. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) 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; ➢ Resource Area Markers (Condition #48); ➢ Split rail fence (Condition #61) ➢ Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72). 242-1468,998 Salem Street OOC.doc 11 NACC 1/28/2010 Massachusetts Department of Environmental Protection LilBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Provided by MassDEP: 242-1468 MassDEP File # eDEP Transaction # North Andover City1rown e ,G 1. Date of Issuance 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Date F. Appeals 9'by certified mail, return receipt requested, on Date 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpaform5.doc • rev. 12/23/09 Page 11 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions t , Provided by MassDEP: 242-1468 MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # North Andover Clty/Town G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. •---------------------------------------------------------------------------------------------------------. To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 998 Salem Street Project Location Has been recorded at the Registry of Deeds of. Essex North County for: Property Owner 242-1468 MassDEP File Number Book Page 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 wpafa m5.doc - rev. 120M Pape 12 of 12 N Energy Code: Location: Construction Type: Glazing Area Percentage: Heating Degree Days: Climate Zone: Construction Site: 998 Salem Street North Andover, MA REScheck Software Version 4.3.1 Compliance Certificate 2009 IECC North Andover, Massachusetts Single Family 15% 6322 5 Owner/Agent: Jeffrey Mangiameli 17 Wilson Avenue Belmont, MA Compliance: 0.9% Better Than Code Maximum UA: 426 Your UA: 422 The % Better or Worse Than Code index reflects how close to compliance the house is based on code tradeoff rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum -code home. Design er/Contractor: Wall 2: Wood Frame, 16" o.c. 1216 21.0 u.0 01 2850: Wood Frame:Double Pane with Low -E 78 0.300 23 cw14: Wood Frame:Double Pane with Low -E 76 0.280 21 Wall 3: Wood Frame, 16" o.c. 1870 21.0 0.0 89 2856: Wood Frame:Double Pane with Low -E 229 0.300 69 cx135: Wood Frame:Double Pane with Low -E 27 0.280 8 ispd29611: Glass 54 0.320 17 Ceiling 1: Cathedral Ceiling (no attic) 1779 35.0 0.0 53 Floor 1: All -Wood Joist/Truss:Over Unconditioned Space 1840 21.0 0.0 81 Compliance Statement: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the 2009 IECC requirements in REScheck Version 4.3.1 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist. ���=Lit✓/� ry(�. �-�'r-r'I��JtL.��— !� c > .._�� Name - Title Signature Date Project Title: Data filename: F:\My Documents\Rick\Side Work\Mangiameli\10-04-19 rescheck.rck Report date: 04/19/10 Page 1 of 4 �J(2009 IE CC Energy [efficiency Certificate Ceiling I Roof 35.00 Wall 21.00 Floor/ Foundation 21.00 Ductwork (unconditioned spaces): Glass &Door Rating U -Factor SHGC ..w 0.30 0.32 Door Hee ating &Cooling EquipmentEfficiency Heating System: Cooling System: Water Heater: Name: Comments: Date: e REScheck Software Version 4.3.1 Inspection Checklist Ceilings: ❑ Ceiling 1: Cathedral Ceiling (no attic), R-35.0 cavity insulation Comments: Above -Grade Walls: ❑ Wall 2: Wood Frame, 16" o.c., R-21.0 cavity insulation Comments: ❑ Wall 3: Wood Frame, 16" o.c., R-21.0 cavity insulation Comments: Windows: ❑ 2850: Wood Frame:Double Pane with low -E, U -factor: 0.300 For windows without labeled U -factors, describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ cw14: Wood Frame:Double Pane with Low -E, U -factor: 0.280 For windows without labeled U -factors, describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ 2856: Wood Frame:Double Pane with Low -E, U -factor: 0.300 For windows without labeled U -factors, describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ cx135: Wood Frame:Double Pane with Low -E, U -factor: 0.280 For windows without labeled U -factors, describe features: #Panes Frame Type Thermal Break? Comments: Doors: ❑ ispd29611: Glass, U -factor: 0.320 Comments: Yes No Floors: ❑ Floor 1: All -Wood Joist/fruss:Over Unconditioned Space, R-21.0 cavity insulation Comments: Floor insulation is installed in permanent contact with the underside of the subfloor decking. Air Leakage: ❑ Joints (including rim joist junctions), attic access openings, penetrations, and all other such openings in the building envelope that are sources of air leakage are sealed with caulk, gasketed, weatherstripped or otherwise sealed with an air barrier material, suitable film or solid material. ❑ Air barrier and sealing exists on common walls between dwelling units, on exterior walls behind tubs/showers, and in openings between window/door jambs and framing. ❑ Recessed lights in the building thermal envelope are 1) type IC rated and ASTM E283 labeled and 2) sealed with a gasket or caulk between the housing and the interior wall or ceiling covering. ❑ Access doors separating conditioned from unconditioned space are weather-stripped and insulated (without insulation compression or damage) to at least the level of insulation on the surrounding surfaces. Where loose fill insulation exists, a baffle or retainer is installed to maintain insulation application. Project Title: Data filename: F:\My Documents\Rick\Side Work\Mangiameli\10-04-19 rescheck.rck Report date: 04/19/10 Page 2 of 4 W Wood -burning fireplaces have gasketed doors and outdoor combustion air. Air Sealing and Insulation: Building envelope air tightness and insulation installation complies by either 1) a post rough -in blower door test result of less than 7 ACH at 33.5 psf OR 2) the following items have been satisfied: (a) Air barriers and thermal barrier: Installed on outside of air -permeable insulation and breaks or joints in the air barrier are filled or repaired. (b) Ceiling/attic: Air barrier in any dropped ceiling/soffit is substantially aligned with insulation and any gaps are sealed. (c) Above -grade walls: Insulation is installed in substantial contact and continuous alignment with the building envelope air barrier. (d) Floors: Air barrier is installed at any exposed edge of insulation. (e) Plumbing and wiring: Insulation is placed between outside and pipes. Batt insulation is cut to fit around wiring and plumbing, or sprayed/blown insulation extends behind piping and wiring. (f) Comers, headers, narrow framing cavities, and rim joists are insulated. (9) Shower/tub on exterior wall: Insulation exists between showers/tubs and exterior wall. Sunrooms: Sunrooms that are thermally isolated from the building envelope have a maximum fenestration U -factor of 0.50 and the maximum skylight LI -factor of 0.75. New windows and doors separating the sunroom from conditioned space meet the building thermal envelope requirements. Vapor Retarder: Vapor retarder is installed on the warm -in -winter side of all non -vented framed ceilings, walls, and floors; or it has been determined that moisture or its freezing will not damage the materials; or other approved means to avoid condensation are provided. Comments: Materials Identification and Installation: Materials and equipment are installed in accordance with the manufacturer's installation instructions. Insulation is installed in substantial contact with the surface being insulated and in a manner that achieves the rated R -value. Materials and equipment are identified so that compliance can be determined. C] Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment have been provided. U Insulation R -values and glazing U -factors are clearly marked on the building plans or specifications. Duct Insulation: Lj Supply ducts in attics are insulated to a minimum of R-8. All other ducts in unconditioned spaces or outside the building envelope are insulated to at least R-6. Duct Construction and Testing: Building framing cavities are not used as supply ducts. All joints and seams of air ducts, air handlers, filter boxes, and building cavities used as return ducts are substantially airtight by means of tapes, mastics, liquid sealants, gasketing or other approved closure systems. Tapes, mastics, and fasteners are rated UL 181 A or UL 181 B and are labeled according to the duct construction. Metal duct connections with equipment and/or fittings are mechanically fastened. Crimp joints for round metal ducts have a contact lap of at least 1 1/2 inches and are fastened with a minimum of three equally spaced sheet -metal screws. Exceptions: Joint and seams covered with spray polyurethane foam. Where a partially inaccessible duct connection exists, mechanical fasteners can be equally spaced on the exposed portion of the joint so as to prevent a hinge effect. Continuously welded and locking -type longitudinal joints and seams on ducts operating at less than 2 in. w.g. (500 Pa). F1 Duct tightness test has been performed and meets one of the following test criteria: (1) Postconstruction leakage to outdoors test: Less than or equal to 8 cfm per 100 ft2 of conditioned floor area. (2) Postconstruction total leakage test (including air handler enclosure): Less than or equal to 12 cfm per 100 ft2 pressure differential of 0.1 inches w.g. (3) Rough -in total leakage test with air handler installed: Less than or equal to 6 cfm per 100 ft2 of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (4) Rough -in total leakage test without air handler installed: Less than or equal to 4 cfm per 100 ft2 of conditioned floor area. Heating and Cooling Equipment Sizing: Additional requirements for equipment sizing are included by an inspection for compliance with the International Residential Code. For systems serving multiple dwelling units documentation has been submitted demonstrating compliance with 2009 IECC Commercial Building Mechanical and/or Service Water Heating (Sections 503 and 504). Project Title: Report date: 04/19/10 Data filename: F:\My Documents\Rick\Side Work\Mangiameli\10-04-19 rescheck.rck Page 3 of 4 Circulating Service Hot Water Systems: Circulating service hot water pipes are insulated to R-2. Circulating service hot water systems include an automatic or accessible manual switch to tum off the circulating pump when the system is not in use. Heating and Cooling Piping Insulation: C] HVAC piping conveying fluids above 105 degrees F or chilled fluids below 55 degrees F are insulated to R-3. Swimming Pools: Heated swimming pools have an on/off heater switch. Pool heaters operating on natural gas or LPG have an electronic pilot light. Timer switches on pool heaters and pumps are present. Exceptions: Where public health standards require continuous pump operation. Where pumps operate within solar- and/or waste -heat -recovery systems. ❑ Heated swimming pools have a cover on or at the water surface. For pools heated over 90 degrees F (32 degrees C) the cover has a minimum insulation value of R-12. Exceptions: Covers are not required when 60% of the heating energy is from site -recovered energy or solar energy source. Lighting Requirements: Lj A minimum of 50 percent of the lamps in permanently installed lighting fixtures can be categorized as one of the following: (a) Compact fluorescent (b) T-8 or smaller diameter linear fluorescent (c) 40 lumens per waft for lamp wattage <= 15 (d) 50 lumens per watt for lamp wattage > 15 and <= 40 (e) 60 lumens per watt for lamp wattage > 40 Other Requirements: u Snow- and ice -melting systems with energy supplied from the service to a building shall include automatic controls capable of shutting off the system when a) the pavement temperature is above 50 degrees F, b) no precipitation is falling, and c) the outdoor temperature is above 40 degrees F (a manual shutoff control is also permitted to satisfy requirement' d). Certificate: A permanent certificate is provided on or in the electrical distribution panel listing the predominant insulation R -values; window U -factors; type and efficiency of space -conditioning and water heating equipment. The certificate does not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. NOTES TO FIELD: (Building Department Use Only) Project Title: Report date: 04/19/10 Data filename: F:\My Documents\Rick\Side Work\Mangiameli\10-04-19 rescheck.rck Page 4 of 4 TRANSFER OF INTEREST IN AND FOR_ ONE (1) DEDICATED PRIVATE SEWER LINE An agreement made this day by and between Pacific Realty Trust, pursuant to Declaration of Trust dated January 3, 1997 and recorded in Book 4668 Page 49 at the Essex North Registry of Deeds with a principal address of 72 Foster Street North Andover, MA 01845, (Map 104D Parcel 47) hereinafter ("Grantor") its heir, assign or nominee and; Jeff Mangiameh with principal address of 17 Wilson Ave Belmont, MA 02478 hereinafter ("Grantee's and or his heir, assign or nominee. WITTNESETH For the express purposes as stated herein, Grantor has an interest as to one (1) dedicated three inch (3") private forced main sewer line located off Salem Street North Andover MA, designed and extended for Grantor to certain property located at 10 Foster Street, (formerly 1028 Salem Street [Map 104D Parcel 321 as per Approved Plan noted below) hereinafter ("Dedicated Private Sewer Line'; and further identified pursuant to: a) AN EXISTING CONDITIONS PLAN FOR 1028 SALEM STREET PREPARED BY NEW ENGLAND ENGINEERING INC. BY AND FOR ALBERT MANZI III, 1028 SALEM STREET NORTH ANDOVER MA (OR NOMINEE) APPROVED BY THE NORTH ANDOVER DEPARTMENT DEPARTMENT OF PUBLIC WORKS WATER AND SEWER DIVISION (Approved Plan), PURSUANT TO AN APPLICATION FOR SEWER SERVICE # 2466 DATED 9/16/04. hereinafter ("Approved Plan' 1. The Dedicated Private Sewer Line was installed as part of a contemporaneous installation of eight (8) dedicated sewer lines. 2. New England Engineering Inc., Ben Osgood Jr. PE prepared the engineering for the private sewer lines as per the Approved Plan, and Arco Excavators Inc. installed said lines. Page I of 5 3. Grantee seeks to acquire Grantor's rights as to Dedicated Private Sewer Line (1 line) for the express purpose of construction of a single family dwelling. 4. The Dedicated Private Sewer Line and or its components were installed on or about the Fall months of 2004 and are transferred to Grantee in "AS IS" condition. Grantor makes no warranties or representations express or implied to the Grantee as to the viability, design, installation, use, or any other representation thereto with respect to the condition of the Dedicated Private Sewer Line since installation; 5. As a condition hereto, Grantee assumes any and all risk as to its own use of the Dedicated Private Sewer Line including but not limited to: Costs, repairs, design, re -design, installation, connection, connection fees, permits, maintenance, and alike. 6. As a condition hereto, Grantee shall further indemnify and release Grantor and its Agents and or Assigns, and the Town of North Andover its Agents and or Assigns from any and all liability and or costs whastsoever with respect tb Grantees use of the Dedicated Private Sewer Line and or any other existing private forced main line and or any other occurrence natural or otherwise as a result of this Agreement or Grantee's construction. 7. As a condition hereto, Grantee and his agents shall agree to repair and or replace any and all private forced main sewer lines that may become damaged in the course of excavation/construction by and or for Grantee now or in the future. Grantee and his agents shall agree to coordinate excavation and backfilling of trenching with Grantor and or his designee, and the Town of North Andover by and through its Designee in order to 1) Properly identify Grantee Dedicate Private Sewer Line tie in and 2) Inspect existing Private Sewer Line(s) for damage in the course of excavation. Grantee further covenants with Grantor to assume any and allrisk to repair dedicate private forced mains lines damaged in the course of Grantee's construction and or Grantee's future repairs which may include but are not limited to costs to: Repair, design, re -design, installation, connection, connection fees, permits, maintenance, and alike. 8. Grantor, Grantee and the Town of North Andover expressly state and agree that the Grantee is solely responsible for the maintenance of the Dedicated Private Page 2 of 5 Sewer Line and further state that to the extent the Town of North Andover extends the existing public sewer within Salem Street the Grantee may be subject to a Betterment by the Town of North Andover for said Sewer extension. 9. The Grantor, Grantee and Town of North Andover hereby acknowledge the remaining (3) Private sewer lines listed within the March 1, 2010 letter to Tim Willet by Grantor incorporated by reference hereto and are not part of this Agreement as to the Grantee, and ate not the property of the Town of North Andover. 10. NOW THEREFORE, in exchange for consideration hereby acknowledged, Grantor unconditionally and irrevocably assigns, confers, and forever transfers any and all right title and interest, if any, with respect to (1) Dedicated Private Sewer Line as described and identified herein for the express purpose of Grantee its heirs, or assign or nominee for the construction of a single family dwelling. Witness my hand and seal this 4 day of March 2010 under seal. Pacific Realty Trust By its Trustee ert P. Manzi II uire %J 41'�-47r4 Acknowledged and assented to by the Town of North Andover By its Water & Sewer Department 44 AW-- Timothy a uperintendent Page 3 of 5 :A CERTIFICATE OF TRUSTEE I, the undersigned, being the Trustee(s) of Pacific Realty Trust established by Declaration of Trust dated January 3, 1997, having an address of 72 Foster Street North Andover, MA and being recorded at the Essex North Registry of Deeds Book 4668 Page 49, hereinafter ("Trust"), certify that the Trust has not been terminated, amended or revoked; that the Trust is the sole owner of the sewer line interest; that the Trustee(s) have full authority to enter into any and all agreements on behalf of the Trust, and the Trustees have the full authority to execute any documents for the sale and or transfer of the sewer line interest; That the Trustee(s) have the full authority to sell and or transfer the sewer line interest and the beneficiaries have fully assented to the same. The Trustees have the full authority to execute any and all agreements and or documents on behalf of the Trust with respect to the sewer line transfer. Witness our hands and seals this 4 of March, 2010. Pacific Realty Trust By its Trustee 7' Al rt P. Manzi Ill., squire P tress Page 4 of 5 Commonwealth of Massachusetts Essex, ss. )r� On this `1 day of March 2010, subscribed before me, the undersigned notary public, personally appeared Albert P. Manzi III and proved to me through satisfactory evidence of identification, which was a Massachusetts Drivers License to be the person whose name is signed on the attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. tea Ift�, A. F� WWQMEAJM or SETT= Com y� sewn 0 1.2oi�5 a� Notary Public My Commission Expires: Page 5 of 5 G. HENDERSON CO., INC. 36 LUMNE ROAD ANDOVEK MA o t B i o '07-8-+75-07-98 Sequence of construction Prior to construction Install erosion control. 4126 Existing drivewa_� to remain For construction entrance. 1) Cut anal cap existing water and sewer. 4/28 2) Demolish existing mouse anc foundation and remove debris. 4/29-4/30 3) Stake out Douse corner. "Conservation sign of -PI 5/3 4) Strip and stockpile loam. 514 5) Dip for foundation. 5/5 6) Install perimeter 5113 7) F)ackfill Foundation and fill and compact garage slab_ 511+-5117 8) Submit foundation as built. 5118 9) Rough grade all disturbed areas. 5/18 1 O) Install water and sewer services. 5119-5/24 1 1) Install downspouts and infiltration system. 61Z 12) build retaining walls and final grade lot. 617-611 1 1 3) Install Post and rail fence. b/14 -6/I 5 14) Spread loam and seed all disturbed areas. 611 C44/1 6 15) Remove existing driveway and prep and Pave new driveway. 6/21-6/22 Approximate jos time 3 to 4 months. William! s �Jenderson I •d fin"— OMP aimini p77-ni ni 01 Idw The Commonwealth of Massachusetts Department o f Industrial Accidents Office ofinvestigations 600 Washington. Street Boston, AfA 02111 W%Wanass.gorldia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electridans/Plumbers 3plicant Information r.ease mint Le Name (Business/Organiza6on/Individual): Address: /014.11,1 r, e J.4-, , City/State/Zip: PCI -1m,44 Af P- ©'W (p Phone #: (p 6 3 976 0600 Ar e you an employer? Check the appropriate box: LX I am a employer with / 4. ❑ I am a general contractor 2. ❑employees (full and/or p � .* I am a sole and I have hired the sub -contractors proprietor or partner- listed on the attached sheet I ship and have no employees These sub -contractors have working for me in any capacity. [No workers' comp. insurance workers' comp. insurance. 5. ❑ We are a corporation and its 3. ❑required.] I am a homeowner doing all officers have exercised their work myself. [No workers' comp. right of exemption per MGL c. 152 § 14 (), and we have insurance required.] t no employees. [No workers' POMP. msurance re d Type of project (required): 6. Q[ New construction 7. [] Remodeling 8.] Demolition 9. ❑ Building addition 10 -0 Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs ] I 13.0 Other A-V-H-Plicaut that checks box 41 must also fill cut the section below she W� � . t homeowners who submit Phis affidavit indicating they , n ' eir wori ers' com,P semen Y��c ;;ion. g e} are doing aL workand thea hire outside contractors must. submit a new Contractors that check this box must attached an additional sheet showing the name of the suaffidavit indicating such. am an employer that is providing workers' compensation b contractors and their workers co vii information, I information. insurance for my employees. Below is the policy and job site Insurance Company Name: MIKE ® //VS 6� Policy # or Self -ins. Lie. #:_ Z2 "f8 6-1 f l 2 33 tf Expiration Date: Sob Site Address: R eD SA40V YF Al AmAjij,-x? � b dlfi Attach a copy of the workers' compensation policy declaration page (showing the policy num Failure to secure coverage as required under Section 25A ofM'GL c. 152 can lead to thimposition of criminal penaltieon s of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct Official use only. Do not write in this area, to be completed by city or town officiaL City or Town: Issuinft g Authority (circle one): Permit/License # Zo t� L Board of Health 2. Building Department .3. City/Town Clerk 4. Electrical Inspector 5. PIumbing Inspector 6. Other Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including tthe legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of coxnpliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their cerdficate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners,. are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. .Also be sure to sign and date the affidavit. The affidavit should be mtzuued to the city or town that the application for the pert or license is being requested, not the Department. of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition; an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under' Sob Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business. or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call The Department's address, telephone and.:fax_number.... The Commonwealth of Massachusetts. Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 0.2111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax # 617-72.7-7749 v��u.m ass.. gov/die. F/ From:Naney Young FaxID:SummersThompsonlowry Page 2 of 3 Date: 1/2212010 10:00 AM Page:2 of 3 .�CORa CERTIFICATE OF LIABILITY INSURANCEOP DNY I DATE(MM11DIYYYY) SPPRODUCER JAC-1 01/22/10 ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Summers Thompson Lowry, Inc..- 100 Europa Drive, Suite 571 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Chapel Hill NC 27517 TYPE OF INSURANCE Phone:919-968-4472 Fax:919-942-4221 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Ins. Co. 29424 INSURER e: Hartford Fire Ins. Co. 19682 SP Jackson Bldg and Remo Taylor & Stevens Cabinetry LLC deling 1 industrial Dr Unit 24 Pelham NH 03076 INSURER C: SENTINEL INSURANCE CO ITS 22403 INSURERD: INSURER E: roVY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYYYY) DATE (MMIODIY YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A COMMERCIAL GENERAL LIABILITY 22SBAVD3325 06/20/09 06/20/10 PREMISES(Eeoccurence) $ 300000 CLAIMS MADE 0 OCCUR MED EXP (Any one person) $ 10 00 0 X Business Owners PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GENE AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $ 2 0 0 0 0 0 0 X 1 POLICY T& Loc AUTOMOBILE LIABILITY C X ANY AUTO 22UECB08998 06/20/09 06/20/10 COMBINED SINGLE LIMIT Meemiderd) $1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person} X HIRED AUTOS X NON-OWNEDAUTOS BODILY INJURY $ (Peracciderd) PROPERTY DAMAGE $ (Per eWdenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AG, $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $. $ WORKERS COMPENSATION 71 AND EMPLOYERS' LIABILRY YIN X TORY LIMITS ER E.L. EACH ACCIDENT $100 000 B ANY PROPRIETORIPARTNERU(ECUTIVE OFFICERN EMBER EXCLUDED? 22WBGIU7334 11/24/09 11/24/10 (Mandatory In NH) If yas, describe under E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE.- POLICY LIMIT $ 500 , 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS -1VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CER r RIGA 1 E MOLDER CANCFLI. ATIAN SP Jackson Building Remodeling One Industrial Park Pelham NH 03076 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL & IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Dr Ste 24 REPRESEWATIVES. ACORD The ACORD name and logo are registered marks of ACORD rinhtc racarvari APPLICATION FOR SEWER SERVICE CONNECTION North Andover, Mass. Application by the undersigned is hereby made to connect with the town sewer main in Street, subject to the rules and regulations of the Division of Public Works. /'IN The premises are known as No. or subdivision lot no. Owne (' / Contractor Street ,�' (2-40 -z51 q Address Address A pli t s ign ture PERMIT TO CONNECT V The Division of Public Works hereby grants permission to to make a connection with the sewer main at subject to the rules and regulations of the Division of Public Works.. Inspected by Date SEWER MAIN Street ivisi n of Public Works By See back for rules and regulations RULES AND REGULATIONS FOR GOVERNING THE INSTALLATION OF SEWER SERVICES 1. No unauthorized person shall ungover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Division of Public Works. 2. All'costs and expense incident to the installation and connections of the building sewer shall be borne by the owner. The owner shall indemnify the (town) from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 3. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. 4. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the (Superintendent), to meet all requirements of this ordinance. 5. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the following requirements. The sewer shall be 6"diameter SDR 35, PVC pipe. Minimum slope shall be 1/8" per foot. The minimum depth of sewer shall be four feet below finish grade. Sewer pipe shall be installed on a stable trench bottom of hard durable crushed stone to a minimum (6) inch depth below the pipe. After the pipe has been installed, crushed stone shall be brought up to the crown of the pipe. Care shall be taken to carefully grade and compact the stone, and prevent pipe displacement. The remainder of the trench shall then be backfilled in one foot lifts with mechanical tamping after each lift. 6. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer,. sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. 7. No person shall make connection of roof downspouts, exterior foundation drains, or other sources of surface runoff or ground water to a building drain which in turn is connected directly or indirectly to a public sanitary sewer. 8. The applicant for the building sewer permit shall notify the (Superintendent) when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the (Superintendent) or his representative. 9. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the (town). Re: 998 Salem St - Demo Permit F Linda E Tremblay r <linda.e.tremblay@gmail.com> o View Contact m T Jeffrey Mangiameli o <jeffreyhmangiameli@yahoo.com> C 'Brown, Gerald" c <gbrown@townofnorthandover.cwm> Mello both, The structure at 998 Salem Street, North Andover appears to be built in the 1930's. It is not subject to review for the Demolition Delay bylaw. A handwritten note to this effect can be found in the Building Dept. files. The Commission does have a special request. A long time resident of North Andover has confirmed that 998 Salem does date to the 1930's. Apparently many of these small houses were built and occupied by mill workers who would either walk the tracks downtown or hop the train at Ingals or Marbleridge crossings. Jeffrey, do you think we could get a few photos of this house before it is demolished? If you have any, it would be nice to add to the NA Historical Society files. Thanks, Linda Tremblay On Mon, Apr 19, 2010 at 12:23 PM, Jeffrey Mangiameli <jeffreyhmangiameli@yahoo.com> wrote: Linda, Mar us 10 03:48p Mcoie .iackson i --- n-27"--I=--33" NVM24 'Im W2742 43342 1 43342 42742 f t� LD cD ' q M F3; kV2T30 i DB21 DB30,. I O""B3o I 1782'i 30 gp � I ! - �',� I 3v 1 4 4 ►_... _ —80; .—...__—...__ 793„_,._- ....... -a, 1-603-880-9944 p,1 soffit Nang wall cabs at bottom of soft (W') — 3a OW F=lo, c,r- 3/4 ” fillers at each end of wall and base cabs Two 1 1W fillers at bump out Use Y12730 as a base cabinet and PuR 6" No molding Laminate and endcaps supplied by client Two seams at bumpout / no back splash /y All dimensions _size desigt►ations This is an original design and must given are subject to verification on Tr`v lo��,� not be released or copied unless job site and adjustment to lit job applieahie Cee has been ,d or job conditions. I 1� order placed. Designed: 1/131201 0 Printed: 11 1 912 0 1 0 �i —1-- ii Contract G. HENDERSON CO., INC 36 LUPINE ROAD ANDOVER, MA 000 Off+ -978-+75-0798 X978-475-6015 CONTRACT SUBMITTED TO: PHONE DATE SP Jackson building and remodeling 603-870-00878 STREET JOB NAME 30 Ko ers Lane Man iamelli CITY, STATE AND ZIP CODE JOB LOCATION Pelham NH 03076 Salem st. North Andover Ma ARCHITECT DATE OF PLANS FAX t9 JOB PHONE We hereby submit specifications and estimates for: 1) Install sewer service from town sewer to house per plan. Extras: Any conservation issues Removal of any unsuitable material from site Ledge and boulders We Propose hereby to furnish material and. labor and. complete in accordance with above specifications, for the sum of- hdollars dollars Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be r executed only upon written orders, and wid become an extra charge over and above the estimate. All ��el•.PZ" " agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and Signature J /it) other necessaryinsurance. Our workers are f Aly covered by Workmen s Compensation Insurance. ! r Acceptance of Proposal The above prices, specifications and wnditims are satisfactoryand ere hereby accepted. Slgnature You are authorized to do the work as specified. Payment will be made as outlined above. Date