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Home My WebLink AboutMiscellaneous - 10 INGLEWOOD STREET 4/30/2018 (2)/ i LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. reb A. Project Information 1. This Certificate of Compliance is issued to:. Mathew Xenakis DEP File Number: 242-1354 Provided by DEP Name 10 Inglewood Street Mailing Address North Andover MA 01845 Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Mathew Xenakis Name October 2, 2006 Dated 3. The project site is located at: . 10 Inglewood Street Street Address Map 11 Assessors Map/Plat Number 242-1354 DEP File Number North Andover City/Town Parcel 15 Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex North County Certificate 10494 Book 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 6/11/08 Date B. Certification Ira oy. Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions. of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc • rev. 7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) DEP File Number: 242-1354 Provided by DEP ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: '3Q + Pq C. Authorization Issued by: North Andover Conservation Commission d Da of Is ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regio" Office (See Attachment). Signatur s: wpaform 8b.doc - rev. 7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1354 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization .(cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North ,939el.-ly On this Day Of. Month Year before me, the undersigned Notary Public, personally appeared Ih,ljl A.4bO'd Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Conservation Commission Signature of Notary Public DONNA M. WEDGE NOTARY PUBLIC Printed Name of Notary Public f COMMONWEALTH OF MASSACHUSETTS Mr Comm Expires Aug. 7.2009 r� My Commissio Expires (Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc - rev. 7/13/04 Page 3 of 4 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1354 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 10 Inglewood Street 242-1354 Project. Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: uocument Number signature or Applicant Page wpaform 8b.doc • rev. 7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tydngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Suite 402 Alford Amherst Cummington Dalton Hatfield Hawley Monterey Montgomery Richmond Ware Springfield, MA 01103 Ashfield Deerfield Heath Monson Rowe Warwick Phone: 413-784-1100 Becket Easthampton Hinsdale Mount Washington Russell Sandisfield Washington Wendell Fax: 413-784-1149 Belchertown Bemardston East Longmeadow Egremont Holland Holyoke New Ashford Savoy Westfield Blandford Erving Huntington New Marlborough New Salem Sheffield Westhampton Brimfield Florida Lanesborough North Adams Shelburne Shutesbury West Springfield West Stockbridge Buckland Chademont Gill Goshen Lee Lenox Northampton Northfield Southampton South Hadley Whately Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Chesterfield Granville Great Barrington Leyden Longmeadow Otis Palmer Springfield Stockbridge Williamstown Chicopee Clarksburg Greenfield Hadley Ludlow Middlefield Pelham Sunderland Windsor Worthington Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Worcester, MA 01608 Ashby Athol Douglas Dudley Hudson Holliston New Braintree Shrewsbury Webster Phone: 508-792-7650 Auburn Dunstable Lancaster Northborough Northbridge Southborough Southbridge Westborough West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield TDD: 508-767-2788 Barre Bellingham Fitchburg Gardner Leominster Oakham Sterling Westford Berlin Grafton Littleton Lunenburg Oxford Paxton Stow Sturbridge Westminster Winchendon Blackstone Bolton Groton Harvard Marlborough Pepperell Sutton Worcester 8oxborough Hardwick Maynard Medway Petersham Phillipston Templeton Townsend Boylston Brookfield Holden Hopedale Mendon Milford Princeton Tyngsborough Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Lakeville, MA 02347 Attleboro Avon Dighton Gosnold Nantucket Rehoboth Wareham Phone: 508-946-2700 Barnstable Duxbury Eastham Halifax . Hanover New Bedford Rochester Wellfieet Fax: Berkley East Bridgewater Hanson North Attleborough Norton Rockland sandwich West Bridgewater .508-947-6557 TDD: 508-946-2795 Bourne Brewster Easton Harwich Norwell Scituate Westport West Tisbu ry Bridgewater Ed artown 9 Fairhaven Kingston 9 Lakeville Oak Bluffs Orleans Seekonk Whitman Brockton Fall River Mansfield Pembroke Sharon Somerset Wrentham Yarmouth Carver Falmouth Marion Plainville Stoughton Weymouth Chatham Foxborough Marshfield Plymouth Swansea Wilmington Winchester Chilmark Franklin Mashpee Plympton Taunton Winthrop DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Boston, MA 02108 Arlington Ashland Cohasset Concord Hull Middleton Reading Waltham Phone: 617-654-6500 Bedford Danvers Ipswich Lawrence Millis Milton Revere Watertown Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rockport Rowley Wayland Wellesley TDD: 617-574-6868 Beverly Billerica Dover Lincoln Natick Salem Wenham Boston Dracut Essex Lowell Lynn Needham Salisbury West Newbury Boxford Braintree Everett Lynnfield Newbury ryport Saugus Sherbom Weston Westwood Brookline Framingham Georgetown Malden Manchester -By -The -Sea Newlon Norfolk Somerville Weymouth Burlington Cambridge Gloucester Groveland Marblehead North Andover Stoneham Sudbury Wilmington Winchester Canton Hamilton Medfield Medford North Reading Swampscott Winthrop Carlisle Haverhill Melrose Norwood Peabody Tewksbury Topsfield Woburn wpaform8b.doc - DEP Addresses - rev. 6/11/08 Page 1 of 1 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 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 A. General Information From. 1. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions North Andover DEP File Number: 242-1354 3. To: Applicant: Mathew a. First Name 317 Blue Ridge Road d. Mailing Address North Andover Xenakis b. Last Name e. City/Town 4. Property Owner (if different from applicant): c. Company MA. f. State 01845 g. Zip Code a. First Name b. Last Name 701 Salem Street J & M Realty Trust c. Company d. Mailing Address North Andover MA. 01845 e. City/Town f. State g. Zip Code 5. Project Location: 10 Inglewood Street North Andover a. Street Address b. City/Town Map 11 Parcel 15 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 9321 315 c. Book d. Page 4/28/06 7. Dates: I D& j 0 �i� a. Date Notice of Intent Filed b. DateJPublig Hearing Closed c. Dafte Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land a. Plan Title JM Associates John F. McQuilkin, Jr., P. E. b. Prepared By ' 0it6 c. Signed and Stamped by 1"=20' d. mal evision Date e. Scale f. Additional Plan or Document Title 9. Total WPA Fee Paid: $ 800.00 a. Total Fee Paid $ 237.50 b. State Fee Paid g. Date $ 562.50 c. City/Town Fee Paid wpaform5.doc • rev. 3/1/05 Page 1 of 9 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 t. Findings pursuant to the Massachusetts Wetlands Protection Act.- Following ct: DEP File Number: 242-1354 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply n. ® 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: ® 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. Denied because: ❑ 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 these interests, 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. ❑ 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) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet a. ❑Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 5. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 3/1/05 Page 2 of 9 t i \ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands �i WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1354 B. Findings (cont.) Coastal Banks 15. ❑ Rocky Intertidal Resource Area Proposed Permitted Proposed 17. ❑ Alteration Alteration Replacement 6. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet s. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 10. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal c. cu.yd dredged Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject to Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. linear feet b. linear feet a. syuaie iee[ D. square Leet c. square feet d. square feet a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1354 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1354 wpaform5.doc • rev. 3/1/05 Page 4 of 9 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 DEP File Number: 242-1354 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev. 3/1105 Page 5 of 9 DEP FILE # 242 - 1354 PROJECT OVERVIEW: The applicant, Matthew Xenakis, filed a Notice of Intent with the North Andover Conservation Department on April 28, 2006 for the construction of a single-family dwelling, associated driveway, garage under, cantilevered deck, stormwater management features, (underground infiltrators and a rip rap stone apron at the terminus of the pavement area), 2 foot x 2 foot dry laid fieldstone wall, grading, and associated appurtenances within the buffer zone to a Bordering Vegetated Wetland. The lot in which work was proposed is relatively small of approximately 5,000 s.f in size with the majority of the site within the 100 -foot buffer zone. As such, the work proposes to impact approximately 3,684 s.f. of buffer zone. The single-family dwelling and associated deck was proposed to meet the local 50 -foot No - Build zone and the local 25 -foot No -Disturbance Zone pursuant to the North Andover Wetlands Protection Bylaw (c.178 of the Code of North Andover) and Regulations. Compliance with these local wetland setbacks was possible as a result of several variances granted by the Zoning Board of Appeals. The deck was proposed as a cantilevered deck with no associated footings. Further, no disturbance was proposed within the local 25 -foot No - Disturbance zone setback. The proposed driveway and associated pavement was proposed within the local 50 -foot No Build zone, however these features may be allowed within the No -Build Zone when no feasible location or alterative exists pursuant to the performance standards set forth in section 5.2 of the regulations. FINDINGS OF FACT: The applicant, Matthew Xenakis, filed a Notice of Intent with the North Andover Conservation Department on April 28, 2006 for the construction of a single-family dwelling, associated driveway, garage under, cantilevered deck, stormwater management features, (underground infiltrators and a rip rap stone apron at the terminus of the pavement area), 2 foot x 2 foot dry laid fieldstone wall, grading, and associated appurtenances within the buffer zone to a Bordering Vegetated Wetland. An initial public hearing was held within the 21 -day time requirement on May 10, 2006 and was legally posted in the Engle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of May 24, June 14, July 12, August 23, and September 13 of 2006 respectively. As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. A waiver request and accompanying alternative analysis for the driveway and associated pavement area was prepared and submitted by the applicant's representative, Seekamp Environmental Consulting, Inc., pursuant to the North Andover Wetlands Protection regulations section 5.2, which states that: "The Conrnnssion nlay grant a imiver fivin these regulations for an alternative of a buffer zone resource area in situations zahere there are no feasible alternatives that provide for less impacts to the resource area mlues. The applicant is responsible for conducting an alternatives analysis to slioza that there are no feasible alternatives. The Connnission may grant a ulaiver.... upon a clear and convincing short,ing by the applicant that: CAWinword\00C\1 OinglewoodSt.doc 1 NACC 10/2/2006 DEP FILE # 242 - 1354 • There are no practicable conditions or alternatives that u)ould allow the project to proceed in compliance zaitli the regulations; and • The project, or its natural and consequential effects, u7ill not liave any adverse effects upon any of the interests protected by the Bylau,.... • Vie project mill improve the natural capacity of a resource area to protect the interests identified in the Bylazi,, provided any adverse effects on any such interests are minimized by carefully considered conditions.... In the case 701,-W a Waiver is granted in the IVo-Build Zone, the Connnission shall require initigation measures to be impleniented to offset potential inipacts to the Wetland resource areas" As such, the alternative analysis indicated that the site constraints and zoning requirements would not allow for a more feasible alternative to locate the driveway and associated pavement area outside of the 50 -foot No -Build setback. During the public hearings, the NACC questioned the need for a garage located to the rear of the proposed home. creating the need for the driveway and pavement area within the 50 -foot No -Build Zone. The NACC requested that the applicant consider alternatives for the garage location. To address this concern, Seekamp Environmental Consulting, Inc. submitted a supplemental alternatives analysis, which considered two alternatives: moving the garage to the front of the proposed home and a no garage alternative. The supplemental alternative analysis stated that relocating the garage to the front of the home would require an at -grade garage, which would be problematic for three reasons: 1. It would reduce the length of the driveway to approximately 10 feet, which would be less than the length of many cars; 2. It would most likely require a taller structure, as a garage would represent a significant portion of the first floor, which could exceed the maximum height requirement required under the zoning regulations and out of character from the other residences in the neighborhood and; 3. It would require additional significant amounts of fill on the lot, as well as a retaining wall along the rear and side of the house, in order to provide the required insulation for the foundation walls. Given the above stated design restraints, Seekamp Environmental Consulting, Inc asserted that the alternative to locate the garage to the front of the proposed single-family dwelling was not feasible. The no garage alternative presented stated that a new home without a garage would be a real competitive disadvantage for a homeowner or future buyer. It further stated that it was important for homes in New England to have garages due to the long and frequently severe winters. Therefore, Seekamp Environmental Consulting, Inc. asserted that this alternative was not reasonable. L:\winword\UouIOinglewoodSt.doc 2 NACC 10/2/2006 DEP FILE # 242 - 1354 To offset potential impacts to the wetland resource area as a result of the proposed driveway and associated pavement area within the 50 -foot No -Build zone, the applicant proposed several mitigating components on the site. These mitigation efforts included five groundwater infiltrators to the front of the lot to accommodate drainage and roof runoff and the construction of a 2 -foot high, dry -laid fieldstone wall just upgradient and along the 25 - foot No -Disturbance Zone to allow the previously maintained lawn area to revert back to a naturally vegetated buffer zone area. Further, a riprap stone apron at the terminus of the driveway and pavement area and pavement infiltration calculations were proposed and provided for treatment of stormwater flows prior to discharge. After hearing all testimony and reviewing all documents presented, the NACC voted unanimously to close the public hearing at their meeting of September 13, 2006. The majority of the NACC concurred that there where no feasible or alternative locations for the garage, driveway and associated pavement area outside of the 50 -foot No -Build Zone. Members present to vote were Scott Masse, Chairman, Joseph Lynch, Jr., Deborah Feltovic, Jack Mabon, and Sean McDonough. The vote was 4-1-0. Mr. McDonough opposed. A decision of approval with conditions was issued within the 21 -day time requirement. 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 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. C:\Winword\OOC\IOinglewoodSt.doc 3 NACC 10/2/2006 DEP FILE # 242 - 1354 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1354. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a single-family dwelling, driveway, garage under, cantilevered deck, stormwater management features (underground infiltrators and a rip rap stone apron at the terminus of the pavement area), 2 foot x 2 foot dry laid fieldstone wall, grading and associated appurtenances within the buffer zone to a Bordering Vegetated Wetland (BVW). 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Matthew Xenakis (Applicant) 317 Blue Ridge Road North Andover, MA 01845 Received April 28, 2006 u:\winwora\uuc\i MnglewoodSt.doc 4 NACC 10/2/2006 DEP FILE # 242 - 1354 J & M Realty Trust (Owner) 701 Salem Street North Andover, MA 01845 Plans Prepared By: JM Associates 325 Main Street N. Reading, MA 01864 Entitled: "Plan of Land", dated May 3, 2006, last revised 9/01/06. Stamped & Signed by John F. McQuilkin, Jr., P.E. Additional Documents: Alternative Analysis entitled "Supplemental Alternatives Analysis" prepared by Seekamp Environmental Consulting, Inc., dated June 7, 2006. Soil Test Pit Data prepared by JM Associates dated June 9, 2006. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetlands (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone (See Section 3.4 & Appendix F of the local Regulations). It should be noted that the 25' No -disturbance Zone was previously maintained as lawn. During and upon completion of the project, the 25' No -disturbance zone shall re -vegetate naturally unless, at any time during the life of the Order, the NACC or the Conservation Department finds that additional planting measures are necessary within this area for further protection of the wetland resource area. 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and CAWinword\OOC\IOinglewood&.doc 5 NACC 10/2/2006 DEP FILE # 242 - 1354 conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 06. leu wurx snail be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1354." 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. The proposed project may be still under review by other local or C:\Winword\OOC\I Oinglewood&.doc 6 NACC 10/2/2006 DEP FILE # 242 -1354 state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the 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 construction sequence, including a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/ erosion control devices, phasing associated with the development and the construction of the associated stormwater management structures. This timetable must continue to be updated throughout the project. 42. Prior to any work commencing on the site, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone" in front of the approved fieldstone wall with two (2) signs or markers spaced evenly every 30 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. 43. Prior to any work commencing on the site, the foundation corners of the single-family dwelling shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre -Construction meeting. 44. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. C:\Winword\OOC\1 Oinglewood&.doc 7 NACC 10/2/2006 DEP FILE # 242 - 1354 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion. prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional_ conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $5,000, 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. 48. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. C:\Winword\OOC\ I Of nglewood&.doc 8 NACC 10/2/2006 DEP FILE # 242 - 1354 49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/ Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify 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 EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 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 after 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, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre - construction meeting (e.g. 72 hours). U:\winvord\UUC\I Oinglewood&.doc 9 NACC 10/2/2006 DEP FILE # 242 - 1354 STORMWATER MANAGEMENT CONDITIONS 52. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 53. All stormwater best management practices shall be maintained as specified in the submitted with the Notice of Intent and incorporated in the Order of Conditions. 54. 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. 55. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the approved Operation and Maintenance Plan attached herein. 56. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 57. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of the permanent stormwater structures. 58. Water quality down gradient of BVWs 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. 59. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. C:\Winword\ooC\IOinglewoodSt.doc 10 NACC 10/2/2006 DEP FILE # 242 -1354 DURING CONSTRUCTION 60. 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. 61. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 62. A crushed stone construction entrance shall be designated at the driveway entrance to minimize soil/ material tracking onto Inglewood Street. This entrance shall be maintained and reinforced as necessary. 63. A 2 -foot x 2 -foot permanent fieldstone wall shall be constructed and installed immediately upslope of the 25' No Disturbance Zone as shown on the approved plan referenced herein. 64. The deck shall be cantilevered with no associated footings so as not to encroach into the 50' No -Build Zone as shown on the approved plan referenced herein. 65. 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. 66. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 67. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 68. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 69. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while any dewatering is occurring_ De -watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure ,,-:\winworawul.:\lUinglewoodSt.doc 11 NACC 10/2/2006 DEP FILE # 242 -1354 that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 70. 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. 71. 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. 72. 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. 73. Construction equipment/vehicles shall not be staged overnight within 50 -feet of a wetland resource area. 74. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 75. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 76. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters shall be allowed within 50' of the wetland resource areas. 77. 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. C::\Winword\ODC\IOinglewood&.doc 12 NACC 10/2/2006 DEP FILE # 242 - 1354 AFTER CONSTRUCTION 78. 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. 79. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 80. No snow shall be stockpiled on site due to the size of the lot, the driveway and associated pavement configuration and its proximity to the wetland resource area. Therefore, all snow shall be trucked off site and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. This condition shall remain in perpetuity of this Order. 81. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 82. 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. 83. 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. k-.:\winwordv000\IUinglewoodSt.doc 13 NACC 10/2/2006 DEP FILE # 242 - 1354 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: Y "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. y 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. Y A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. Y Location of all subsurface utilities entering the property. 84. 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); Discharge or spillage of pollutants (Condition #77); Prohibition of underground fuels (Condition #78); r Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages CAWinword\00C\1Oinglewood&.doc 14 NACC 10/2/2006 DEP FILE # 242 - 1354 and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #59); Y Limitations on the use of fertilizers, herbicides, and pesticides (Condition #79). y No snow stockpiling on-site (Condition #80). C;:\Winword\UUC\IOinglewoodScdoc 15 NACC 10/2/2006 a n ? DEP FILE # 242 - 1354 I, APPENDIX A - AFFIDAVIT (authorized agent of applicant and / or owner) on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File #) placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File #) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 , 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of C:\Winword\00C\ I OinglewoodSt.doc 16 20 (Authorized agent of applicant or owner) NACC 10/2/2006 If you need more space for additional conditions, select box to attach a text document 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 DEP File Number: 242-1354 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 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation 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. C. The special conditions relating to municipal ordinance or bylaw are as follows: See attached wpaform5.doc • rev. 3/1/05 Page 6.of 9 A* Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1354 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special to baLo 6 condition pursuant to General Conditions #4, from the date of issuance. 1. Datd of 4ssuance Please indicate the number of members who will sign this form: 'f This Order must be signed by a majority of the Conservation Commission. 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 prope— owner, if different from applicant. Signatures: G Notary Acknowledgement Commonwealth of Massachusetts County of I n 4'l, On this Day Before me, the undersigned Notary Public, personally appeared Essex North Month I pA Year S< -of+ r-!�„Ssr,-- Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town DONNA M. WEDGE = NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My comm. Expires Aug. 7, 2009 Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date 136L671i.Y9Me-I(I]JilIWoffi aTfit9* eAil ?ate. 2%1 Signature of Notary Public Printed Name of Notary Public k ) -7/aell 9 My Commission EAires (Date) 01by certified mail, return receipt requested, on /&/';� 0 Date I wpaform5.doc • rev. 3/1/05 Page 7 of 9 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 F. Appeals DEP File Number: 242-1354 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/1/05 Page 8 of 9 If Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information DEP File Number: 242-1354 This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form 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: Project Location Has been recorded at the Registry of Deeds of: 242-1354 DEP File Number County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 3/1/05 Page 9 of 9