HomeMy WebLinkAboutMiscellaneous - 123 Millpond Townhouses ,,�
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
V%TA Form 5 -Order of Conditions eDEP Transaction#:405169
s ti� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.r Amended OOC
3.Applicant Details
a.First Name ROBERT b.Last Name COULTER
c.Organization VERIZON
d.Mailing Address 28 DIANA LANE
e.City/Town DRACUT f.State MA g.Zip Code 01826
4. Property Owner
a.First Name b.Last Name
c.Organization
d.Mailing Address
e.City/Town f.State g.Zip Code
5.Project Location
a.Street Address MILLPOND TOWNHOMES( 1-20)
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#95A e.Parcel/Lot# 61-122
f.Latitude -42.69473N g.Longitude 71.113667W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX VARIOUS VARIOUS
7.Dates
a.Date NOI Filed: 5/23/2011 b.Date Public Hearing Closed: 7/27/2011 c.Date Of Issuance:7/28/2011
8.Fina1 Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING
CONDITIONS THOMPSON BRIAN J.MURPHY,P.L.S. July 15,2011 1"=20'
PLAN MILLPOND FARLAND
TOWNHOUSES
B. Findings
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Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File#:242-1519
Bureau of Resource Protection-Wetlands eDEP Transaction#:405169
.� WPA Form 5-Order of Conditions
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
--- 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,
20.r.Fish Runs above
c.c/y dredged
21.r Land Subject to Coastal Stone Flowage a sq�et b._square feet
22.
F Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
b.square feet of Salt Marsh
a.square feet of BV W
23.
r Streams Crossing(s)
ase enter the number of new stream crossings/number of replacement stream crossings.
If the project involves Stream Crossings,ple
a.number of new stream crossings
b.number of replacement stream crossings
C. General Conditions Under Ma sssacoh a pet tes wetlands Protection Act d
The following conditions are only applicable
PP
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deeme
cause to revoke or modify this Or does not authorize any injury to private property or
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rights or any exclusive privileges;
2. The Order does not grant any property �
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
anting the extended time period are set forth as a
extension date and the special circumstances wan
special condition in this Order.
5. This Order maybe 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 exceed the issuance
date of the original Final Order of Conditions.
fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
7. Any pipe,tires,ashes,refrigerators,motor vehicles,or parts of
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard p p
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 s before the Department have been completed.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5 - Order of Conditions eDEP Transaction#:405169
[ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
Special Conditions:
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
MTA Form 5-Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission hereby(check one that applies
a. f DENIES the proposed work which 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 or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
I,- APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
!
I.Municipal Ordinance or Bylaw WETLANDSPROTECTION2.Citation CHAPTER 178
BYLAW
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:
SEE ATTACHED.
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LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5 -Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified )
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
nd delivery on ® r/by certified mail,return receipt requested,on
7A kej
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate 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 for 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(3 10 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
L11 WPA Form 5 -Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town.-NORTH ANDOVER
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:
MILLPOND TOWNHOMES(1-20) 242-1519
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
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DEP FILE #242- 1519
Thompson FarlandProfession Engineers/Land Surveyors
Titled: Existing Conditions Plan- Millpond Townhouses
Date: July 1, 2011 Sheets: Sheets 1-5
Revised: July 15, 2011 Sheets: 1-5
Stamped &Signed by: Brian J. Murphy,P.L.S.
(Aerial Photo Plan-for Reference Only)
Resource Controls
Titled: Site Plan
Date: 05/16/2011
Revised 06/01/2011
Stamped &Signed by: Robert Charles Atwood, P.E.
Other Record Documents: Notice of Intent Addendum-Verizon
Prepared by Resource Controls
Date: July 5,2011 and July 26,2011
Letter from Division of Fisheries &Wildlife
Re: Certified Vernal Pool #771, North Andover
Date: June 30, 2011
22. 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.
23. 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.
24. 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.
25. 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.
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Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26. 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.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Ofder 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 thir
days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North
Andover Wetland Regulations).
29. 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.
30. 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.
31. The following wetland resource areas are affected by the proposed work: Riverfront Area,
Bordering Land Subject to Flooding, Buffer Zone to Bordering Vegetated Wetland (BVW),
and Inland Bank. Reference to a Certified Vernal Pool on the site is incorrect. See letter
from Division of Fisheries and Wildlife referenced herein. 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.
32. The NACC agrees with the applicant's delineation of the wetland resource areas shown
on the site plans referenced herein.
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 (25') No-Disturbance Zone and
a fifty foot(50) No-Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: temporary alteration for installation of buried conduit
adjacent to Millpond Condominium units marked #20-29 and #37-46. 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 except as noted herein.
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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. 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 before work commences may be recorded by the NACC at the
applicant's expense.
38. A sign shall be displayed at the sites not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1519."
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
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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 and dated sequence of construction, including the installation of
sedimentation/erosion control devices, specific time frames for conduit installation, and
restoration of work areas to their preconstruction condition. This construction sequence
shall be updated on a monthly basis as described below in Condition#50, and shall be
completed in accordance with all best management practices as approved and referenced
herein.
42. Wetland flagging shall be checked by the applicant 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.
43.Straw wattles or trenched silt fence detailed in the Notice of Intent and addendums shall
be placed between all construction areas and wetlands. The erosion control barriers will
be properly installed and placed as shown on the plans approved and referenced herein
and shall be inspected 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 Commissions request.
44. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 30 feet of additional straw wattle or silt fence and sufficient
stakes for staking. Said wattle shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of$500
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
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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.
46. 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. This person shall
be given the authority to stop construction for erosion control purposes and 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.
47. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized, the applicant shall submit a written
report from the"Erosion Control Monitor" to the NACC certifying that, to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation, turbidity, and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain
stable, and erosion controls are adequate and secure.
48. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
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reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
49. 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.
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"DURINGCONSTRUCTION WJ
50. Upon beginning work, the applicant shall submit written progress reports each month
detailing what work has been done in or near resource areas,and what work is
anticipated to be done over the next period. This will update the construction sequence.
51. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basins within 100 feet of the approved work.
52. 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.
53. 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.
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54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
55. 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.
56. There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line. No materials shall be stockpiled overnight within
25-feet of a resource area.
57. Washing of concrete trucks or other construction vehicles shall not occur on site.
58. 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
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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.
59. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
60. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
of construction the NACC shall be notified b the
pollutant during any phase y applicant
within one (1)business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication or maintenance is
to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
61. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Towri s Wetland protection ByLaw.
62. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towri s Wetland Protection ByLaw and shall remain in
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perpetuity.
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63. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done in
accordance with the specifications outlined in the NOI. Stabilization will be considered
complete once full vegetative cover has been achieved.
64. 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.
65. 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.
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APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 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. 1 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)
242-1519 millpond-verizon installation ooc.doc 10 NACC 7/28/2011