HomeMy WebLinkAboutMiscellaneous - 125 CAMPION ROAD 4/30/2018 (2) i
'.Ot File No. 242-266
(To be provided by DEOE)
a = �� North Andover.
City/Town
Commonweal ;;•.!
G.P.V. Inc.
of Massachuset Applicant
A�/ zoo
Order of Conditions
Massachusetts Wetlands Protection Act '
G.�. c. 131,.§4.0 _
and tinder the Town- of: North Andover Bylal:.,_ Ctlapter . 3.5 A' c B
From North Anclrnrex Conservation Cotnmi.s-:i_rn1
G.P.V. Inc.. .acne
To
(Name of Applicant) (N::ne of property owner)
1.5 Old Ferry Road
Nk,Lhuen 9 1,1A 018 +4 Address
Address
This Order is issued and delivered as follows:
(date)
O iby hand delivery to applicant or representative on ---
O by certified mail, roturn receipt requested on
May ?_7- 19£ia (date)
This project is located at Catnljion Hall Estates
The property is recorded at the Registry of North Essex
1810 145
- Book. Page
Certificate (if registered)
The Notice of Intent for this project was filed on
April. 2, 1985 (date)
The public hearing was closed on April 17, 1985 (date)
Findings
The NACC has re iewed the above-referenced Notice of
Intent and plans and has held a public'hearing on the project. Based o� the information available to the
NACC at this time, the. NA".0 has determined that
the area on which the proposed work is to be done is significant tri try; rollowing interests in accordance with'-
the Presumptions of Significance set forth in the regulations for,E ct; ••.':�a Subject to Protection Under the
Act(check as appropriate):
- Public water supply 1J Storm damage prevention
K) Private water supply 'Ea Prevention of pollution'
f] Ground water supply O Land containing shellfish
U] Flood control 0 Fisheri .n
. -QE File No. 242-335
(To be.provided by,DEQE)
' _ Commonwealth •
city/Town North Andover, MA
of Massachusetts Applicant Forbes Realty Trus
•
=' Order of Conditions
Massachusetts Wetlands Protection Act
GJL. c. 131, §40_
and under the=.,,Town- of North Andover' Bylaw, Chapter 3.5 A & B'
Front North Andover Conservation Commission
Same
To Forbes. RealtyTrust. •
- (Name of Applicant) (Na ne of property owner).
}: Address 401 Andover St. , North Andovdress Same
f; This Order is issued and delivered as follows:
0 by hand delivery to applicant or representative on (date)
f?'' - by certified mail,return receipt requested on March 3, 1986 (date)
This project is located at Campion Hall Estates located off Great Pond Rd.
The property is recorded at the Registry of Northern Fe s ex
Book 1810 Page 145
Certificate(if registered)
The Notice of Intent for this project was filed on 10_, 1986 (date)
The public hearing was closed on February 5 . 1986 (date)
X,
:=- - -
Findings
The orth Andover Conservation Commis s iorhas re sewed the above-referenced Notice of
Intent and plans and has held a pubiic'hearing on the project.Based or 'the'information available to the
NACC at this time,the NACC has determined that
the area on which the proposed work is to be done is significant t the oliowing interests in accordance with
the Presumptions of Significance set forth in the regulations for each A. )a Subject to Protection Under the
7,
Act(check as appropriate):
Public water supply Storm damage prevention
4 D• Private water supply Prevention of pollution'
y` 19 Ground water supply 0' Land containing shellfish
Flood control 0 . Fisheries
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Devine, Millimet& Branch (Attn: Robert W. Lavoie)
computer, use Name
only the tab
key to move 300 Brickstone Square
your cursor- Mailing Address
do not use the Andover MA 01810
return key. City/Town State Zip Code
2. Property Owner(if different):
Richard Stoddard
Name
mhun
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
12/29/04
Date
for work at:
125 Campion Road Map 62 Parcel 87
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 9619 123
County Book Page
Certificate(if registered land)
is hereby extended until:
12/29/08
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable): Date
Issued by:
North Andover 0
Conservation Commission Date
wpaform7.doc•rev.1/07 Page 1 of 3
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Authorization (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission
and a copy sent to the applicant and the appropriate DEP Regional Office (see
http://www.mass.gov/dep/about/regionAftdy.our.htm).
r�
Signatures:
/ff6, I
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this ,9 of 1� bs� 000
Day Month Year
Before me, the undersigned Notary Public, personally appeared
Sc-o4 - Hn-ss<--
Name of 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 Conservation Commission
Cityfrown
NO MI Signature of Notary Public
coMMONWEALTHOFIJ^
My Comm Expires Aug.7,2009
- - j Printed Name of Notary Public
Place notary seal and/or any stamp above
My Co mis ' n Expires(Date)
wpaform7.doc•rev.1/07
Page 2 of 3
Massachusetts Department of Environmental Protection
DEP File Number:
ILI Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detacha e 3 of Form 7 and submit it to the Conservation p g se atlon Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
125 Campion Road 242-1285
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 in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.1107 Page 3 of 3
`t
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B o Certificate of Compliance 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Norse Environmental Services, Inc.
only the tab key Name
to move your 92 Middlesex Road Unit 4
cursor-do not
use the return Mailing Address
key. Tyngsborou h MA 01879
City/Town State Zip Code
r� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Richard Stoddard
1eR Name
December 29, 2004 242-1285
Dated DEP File Number
3. The project site is located at:
125 Campion Road North Andover
Street Address City/Town
Map 62 Parcel 87
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North 11396 31028
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
9/5/12
Date
wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3
Y/
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Fora 8B o Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, ,40 242-1285
Provided by DEP
Ba Certification
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:
❑ 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 small continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
76
Co Authorization
Issued by:
North Andover ��
Conservation Commission JaeZ—of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
htto://www.mass.00v/dep/abouttregion/findvour.htm).
Signatures:
L)
l
wpafrmSb.doc•rev.12/23/09 WPA Form SB,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B m Certificate Of Compliance DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1285
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.
o- ------------------------------•---------------------------------------------------•---------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
125 Campion Road 242-1285
-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 Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.12/23/09
WPA Form 8B,Certificate of Compliance-Page 3 of 3
q
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From. 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Richard Stoddard
use the return a. First Name b. Last Name c.Company
key. 125 Campion Road
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
Bre 4. Property Owner(if different from applicant):
a. First Name b. Last Name c.Company
d.Mailing Address /
e.City/Town f.State g.Zip Code
5. Project Location:
125 Campion North Andover
a.Street Address b.City/Town
Map 62 Parcel 87
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note: 42'42' 39.4" N 71' 05' 42.7"W
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)
3660 148
c. Book d.Page
7. Dates: 10/14/04 12/8/04 12/29/04
i
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Proposed Drainage Repairs Plans
a. Plan Title
Richard F. Kaminski &Associates, Inc. Richard F. Kaminski, P. E.
b. Prepared By c. Signed and Stamped by
12/01/04 1" = 20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid:
$ 500.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.12/30/04 Page 1 of 9
� 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. 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 h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® 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)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank
4. Bordering Vegetated
a. linear feet b. linear feet c. linear feet d. linear feet
❑
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 i
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.11/30/04
Page 2 of 9
e S
Massachusetts Department of Environmental Protection
1
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. [J Bordering Land
Subject to Flooding a.square feet b.square feet c. square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g. cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet
9 d.cubic feet e. cubic feet f.cubic feet
a. ❑ Riverfront area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet
Sq ft between .100-200 ft
e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean
a.square feet
q b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.c/y nourishmt. d. c/y nourishmt.
il
13. ❑ Coastal Dunes
a.square feet b.square feet c.c/ nourish l y mt. d. c/y nourishmt
14. ❑ Coastal Banks
a.linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
17. ❑ Land.Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d. cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
1s. Fish Runs
❑ Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean,.and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/30/04
Page 3 of 9
Y
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
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 umstances 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
242-1285 "
wpaform5.doc• rev.11/30/04
Page 4 of 9
S
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wP aform5.doc• rev.11/30/04
Pa 9e5of9
I
ti c
Massachusetts Department of Environmental Protection
r
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
1 Massachusetts Wetlands Protection Act M.G:L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
2. ❑ 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.
3. ® 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.
If spat need more c. The special conditions relating to municipal ordinance or law are as follows:
space for P 9 p y
additional
conditions, See Attached
select box to
attach a text
document
wpaform5.doc• rev.11/30/04
Page 6 of 9
DEP FILE #242 - 1285
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds
that the following conditions are necessary, in accordance with the Performance Standards set
forth in the State Regulations, the local Bylaw and Regulations, to protect,those interests noted
above. The NACC orders that all work shall be performed in accordance with said conditions
and with the Notice of Intent referenced below. To the extent that the following conditions
modify or differ from the plans specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves
the right to enter and inspect the property at all reasonable times until a Certificate of
Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310
CMR 10.00), the North Andover Wetland ByLaw and Regulations,.and may require any
information, measurements, photographs, observations, and/or materials, or may require
the submittal of any data or information deemed necessary by the NACC for that evaluation.
Further, work shall be halted on the site if the NACC, agent or DEP determines that any of
the work is not in compliance with this Order of Conditions. Work shall not resume until
the NACC is satisfied that the work will comply and has so notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes, ordinances, by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date of this
order. However, due to the erosion on the site and its potential for further impacts to the
resource areas and the Town's drinking water supply, once construction activities have
commenced, all work activities must be completed within thirty (30) days and shall be
conducted during no-flow or low-flow conditions as approved by the Conservation
Administrator. If work is not completed within thirty days,the Conservation
Administrator may grant a 30-day extension upon the applicant's request. Further,if
work is not conducted immediately following the issuance of this Order and subsequent
10-day appeal period,the applicant shall immediately stabilize the slopes and all exposed
unvegetated soils with an erosion control blanket or jute matting of the appropriate
standard for the soil type, degree of slope, and duration of use. These devices shall
remain in place and be maintained until such time that work is to commence. If weather
conditions do not permit and/or limit the aforementioned erosion control measures,the
applicant, engineer, and contractor shall coordinate with the Conservation Administrator
to implement the most suitable winter stabilization measures.
C:\Winword\125CampionM.doc 1 NACC 12/29/04
s
DEP FILE #242 - 1285
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 Nortll 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. 242-1285.
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 reinforcement of concrete pipes, drainage manholes,
grading, slope stabilization and the installation of associated utilities in the buffer zone to
a BVW and IVW to correct an erosion problem. Minor grading activities will occur within
the 25-foot No-Disturbance Zone. The aforementioned activities are also within the
Watershed Protection District.
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: Richard Stoddard (Applicant)
125 Campion Road
North Andover, MA 01845
Notice of Intent
prepared by: Norse Environmental Services, Inc.
130 Middlesex Road, Suite 15
T n sboro MA
y g 01879
Entitled "Notice of Intent Report"
Dated October 2004, Revised October 22,2004.
Site Plans prepared by: Richard F. Kaminski &Associates, Inc.
360 Merrimack Street
Lawrence, MA 01843
CAWinword\125CampionRd\.doc 2 NACC 12/29/04
1
DEP FILE #242 - 1285
Entitled "Proposed Drainage Repairs" - Sheet SP-2 &
"Proposed Drainage Repairs Profile and Details" dated August
18,2004, last revised 12/01/04.
Signed & Stamped by Richard F. Kaminski
Other Record Documents: Erosion and Sedimentation Control Maintenance Plan
Dated October 2004,
Letter from Steven Eriksen of Norse Environmental Services,
Inc., dated October 13,2004.
Letter from Richard F. Kaminski & Associates, Inc., dated
November 17,2004.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW) and Buffer Zone to Isolated Vegetated Wetland
(IVW). 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. Note: the applicant has defined the
detention pond to be a jurisdictional wetland resource area.
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 except as depicted on the approved plan referenced herein.
Mowing activities within the 25-foot No-Disturbance Zone of the Isolated Vegetated
Wetland (IVW) are strictly prohibited and such activities within the 25-foot No-
Disturbance Zone shall cease permanently. This condition shall remain in perpetuity to
this Order. The Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local bylaw. No disturbance
of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section
3.4 &Appendix F of the local Regulations).
33. 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.
CAWinword\125CampionR&Aoc 3 NACC 12/29/04
}
DEP FILE #242 - 1285
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. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of water
damage. Maintenance of the drainage system, if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
35. The NACC finds the applicant's proposal of the buffer zone restoration/mitigation to be
adequate around the detention pond only. The proposed rhododendron plantings around
the IVW shall be replaced with a more suitable plant species as described in condition#55
of this Order. The restoration/mitigation areas shall be constructed during construction
and this sequence shall be reflected in the construction sequence. (Refer to Section 8.3 (p.37) of
the local Regulations for performance standards).
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such ch 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. An Order not recorded ed b the applicant
before work commences may be recorded by the NACC at thea applicant's expense.
PP � p
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 242-1285."
i
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.
CAWinword\125CampionR&Aoc 4 NACC 12/29/04
DEP FILE #242 - 1285
The proposed project may be still under review by other local or state boards or agencies.
This may result in changes to the project plans or wetland impacts. If any such changes occur
a revised plan and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on a project until
written approval has been granted by the NACC.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval,
a detailed sequence of construction, including the construction of compensation and
retention areas, installation of sedimentation/erosion control devices and re-vegetation to be
completed before other work begins on-site.
42. Prior to any work,the IVW shall be properly cleaned of any soil rock materials by hand as
a result of the previous erosion,which had occurred on the site. Machinery and
construction equipment is prohibited and shall not be used to clean the IVW. All
materials shall be properly disposed of to an off site location.
43. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the approved
plan(s) throughout the life of the project and until a Certificate of Compliance is issued so
that erosion control measures can be properly placed and wetland impacts can be
monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags
and shall be confirmed by the NACC. Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete. Workers should be
informed that no use of machinery,storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time. All flags used for the above
purposes shall be of a color different from other flagging used on the site.
44. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed and
placed as shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC. The NACC reserves the right to impose
additional conditions on portions of this project to mitigate any impacts which could result
from site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in areas not
shown on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's request.
CAWinword\125CampionRd\.doc 5 NACC 12/29/04
DEP FILE #242 - 1285
45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling,
a minimum of 25 hay bales and sufficient stakes for staking these bales (or an equivalent
amount of silt fence). Said bales shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of$7,500,
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 completion of
all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project, provided that
provisions, satisfactory to the NACC, have been made for performance of any conditions
which are of continuing nature. The applicant may propose a monetary release schedule
keyed to completion of specific portions of the project for the NACC's review and approval.
This condition is issued under the authority of the local Bylaw.
47. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to
oversee any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control monitor
must be provided to the NACC in 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. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor"
to the NACC certifying that, to the best of his/her knowledge and belief based on a careful
site inspection, all work is being performed in compliance with this Order of Conditions and
that approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition, all
wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts.
48. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone"with eight (8) signs or markers spaced evenly every 40 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.
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DEP FILE #242 - 1285
49. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or assigning
any portion of said land to another party, subject to said Orders of Conditions,the
"Compliance Certification Form Affidavit" attached via "Appendix A" signed under the
pains and penalties of perjury, stating that said applicant and/or owner has read these
Orders of Conditions and is in 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.
50. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of'time shall be provided as notice of the pre-construction meeting (e.g.
72 hours).
UST0ZRRM:WVATER MANAGEMENT CONDITIONS
51. 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.
52. All stormwater best management practices shall be maintained as specified in the Operation
and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of
Conditions. Evidence of maintenance of the stormwater management system shall be
provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The
first report shall be submitted to the NACC one year after the first stormwater structure goes
on-line and annual reports must continue to be submitted in perpetuity. Maintenance bills
submitted by cleaning contractors (catch basins, stormceptors etc.) may be submitted with
annual engineering reports.
53. 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
C:\Winword\125CampionRd\.doc 7 NACC 12/29/04
DEP FILE #242 - 1285
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.
54. Water quality down gradient of the BVW/IVW 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.
55. 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.
DURING CONSTRUCTION
56. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction sequence.
57. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this
order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch
basins be maintained. All catch basins shall be free of all accumulated silt and debris before
Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
58. The proposed rhododendron plantings around the IVW shall be replaced with the
following 13 buffer zone ferns and shrubs: 2 Sensitive ferns (Onoclea sensibilis),2 Red
Chokeberries (Aronia arbutifolia),2 Silky dogwoods (Cornus amomum),3 American
cranberrybushes (Viburnum trilobum), and 4 Highbush blueberries (Vaccinium corymbosum).
These plantings shall be evenly intermixed and spaced 5-10' on center around the perimeter
of the IVW. The 5 rhododendron plantings around the newly constructed flared end outlet
structure shall remain as proposed. All plantings shall occur ass specified immediately
Y
following the completion of work activities and during the next viable growing season. The
plantings shall be monitored by the designated Erosion Control Monitor for 1 complete
growing season and Spring and Fall monitoring reports shall be submitted to the
Conservation Department for review. Any plants,which do not successfully survive at least
1 growing season, shall be replaced and subsequently monitored for a second growing
season.
59. 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.
60.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work is occurring. De-
CAWinword\125CampionR&Aoc 8 NACC 12/29/04
DEP FILE #242 - 1285
watering activities shall be conducted as shown on the approved plans and shall be monitored
daily by the erosion control monitor to ensure that sediment laden water is appropriately
settled prior to discharge toward the wetland resource areas. No discharge of water is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall
submit a contingency plan to the Commission for approval, which provides for the pumped
water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
61. 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.
62. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by
the NACC.
63. 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.
64. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
65. After proper grading, all disturbed areas located within a resource area which will not
remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This
shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland
resource areas which are to be only temporarily disturbed during construction, shall be restored
to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be
wetlands topsoil or a minimum of 4" of quality loam.
66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
67. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and
removal of such spent construction materials off-site. However, no trash dumpsters will be
allowed within 50' of areas subject to protection under the Act or local Bylaw.
68. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
69. 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
CAWinword\125CampionRd\.doc 9 NACC 12/29/04
DEP FILE #242 - 1285
vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a
resource area.
AFTER CONSTRUCTION
70. 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.
71. 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.
72. If at any time during construction or upon completion of construction, erosion has
occurred into the IVW,the Conservation Department shall be notified immediately and these
silts and fines shall be properly removed from the resource area by hand. Additional
preventative safeguards/erosion control measures shall be immediately implemented upon
approval by the Conservation Administrator.
73. Upon completion of construction and grading, all disturbed areas located outside resource
areas shall be stabilized permanently against erosion by loaming and seeding according to
SCS standards and by using other additional measures necessary, such as an erosion control
blanket or jute matting. Stabilization will be considered complete once substantial and full
vegetative cover has been achieved and no evidence of erosion/rills is observed on the slope.
74. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the Conservation
Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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DEP FILE #242 - 1285
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced above,
and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas except in those locations
approved under 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).
➢ Maintenance of catch basins (Condition#57);
➢ Discharge or spillage of pollutants (Condition#69);
➢ Prohibition of underground fuels (Condition #70);
➢ Limitations on the use of fertilizers, herbicides, and pesticides
(Condition#71).
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DEP FILE #242 - 1285
APPENDIX A—AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(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).
and / or
2) 1 am the of
(position with owner) (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 ,20
(Authorized agent of applicant or owner)
CAWinword\125CampionRd\.doc 13 NACC 12/29/04
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
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 13 bz to
condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issu nce
Please indicate the number of members who will sign this form: r
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 Departm f
Environmental Protection Regional Office, if of filing electronically, and the prope caner, if different
from applicant.
Signatures:
l
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this go �
- d/GC.2M G
Day of O�z y
Before me, the undersigned Notary.Public, Month Year
personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
/Ma L/Ce17_S
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
nO"Kvat
OOY110NMiA�p1NE WPALIL
ignature of Notary Public
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on [�(by certified mail, return receipt requested, on
Date
Date
wpaform5.doc- rev.11/30/04
Page 7 of 9
Ll5Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 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.
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.
it
wpaform5.doc• rev.11/30/04 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 j
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 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:
242-1285
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.11/30/04 Page 9 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling out 1. Applicant:
forms on the Devine, Millimet& Branch c/o Robert W. Lavoie
computer, use Name
only the tab
key to move 300 Brickstone Square
your cursor- Mailing Address
do not use the Andover MA 01810
return key. City/Town State Zip Code
rQ 2. Property Owner(if different):
Richard Stoddard
Name
remm
Mailing Address
City/Town State Zip Code
B. Authorization
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
12/29/04
Date
for work at:
125 Campion Road Map 62 Parcel 87
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 9619 123
County Book Page
Certificate(if registered land)
is hereby extended until:
12/29/09
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable): Date 08
Date
Issued by:
North Andover
Conservation Commission Date
wpaform7.doc•rev.1/07
Page 1 of 3
r w
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Authorization (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission
and a copy sent to the applicant and the appropriate DEP Regional Office (see
http://www.mass.gov/dep/about/region/findvour.htm).
Signatur
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this
Day of Month Year
Before me, the undersigned Notary Public, personally appeared
,jc)h AJ %//,bUh
Name of 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
Printed Name of Notary Public
Place notary seal and/or any stamp above k 7 av
My commission Expires Date)
wpaform7.doc•rev.1/07
Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions 242-1285
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
To:
North Andover
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
125 Campion Road 242-1285
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 in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.1/07 -
Page 3 of 3