HomeMy WebLinkAboutMiscellaneous - 140 ACADEMY ROAD 4/30/2018 (3) - �
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form SB — Certificate of Compliance 242-1504
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 Tom Patenaude
only the tab key Name
to move your 100 Salem Street
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Tom Patenaude
Name
August 31, 2011 242-1504
Dated DEP File Number
3. The project site is located at:
Stevens Street North Andover
Street Address City/Town
Map 96 Parcel 33
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Robert Stevens
Property Owner(if different)
Essex Northern 12774 16
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/6/14
Date
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1504
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. 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Conditions has lapsed and is therefore no longer valid.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 shall continue.-
(Include
ontinue:(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
83
C. Authorization
Issued by:
North Andover )
Conservation Commission Date ok Issu nce
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
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdeg-
regional-office-for-your-city-or-town.htmq.
Sign tures:
wpafrm8b.doc•rev.5/29/14 WPA Form BB,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1504
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Stevens Street 242-1504
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Tom Patenaude
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.5/29/14 WPA Form 86,Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#242-1504
WPA Form 5 -Order of Conditions eDEP Transaction#:407337
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Ibwn:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a.First Name TOM b.Last Name PATENAUDE
c.Organization
d.Mailing Address 100 SALEM STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name ROBERT b.Last Name STEVENS
c.Organization
d.Mailing Address 140 ACADEMY ROAD
e.City/To%vn NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 140 ACADEMY ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#96 e.Parcel/Lot# 33
f.Latitude 42.68526N g.Longitude 71.11129W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 2073 40
7.Dates
a.Date NOI Filed: 11/18/2010 b.Date Public Hearing Closed: 8/24/2011 c.Date Of Issuance: 8/31/2011
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
STEVENS STREET, ANDOVER JAMES S.FAIRWEATHER 11,
NORTH ANDOVER CONSULTANTS P.E. 08-16-11 111=20'
MASS:SHEETS 1-6
EROSION& ANDOVER JAMES S.FAIRWEATHER 11,
i
SEDIMENTANDOVER
P.E. 08-16-11 1"=20'
CONTROL PLAN
Page 1 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
.WPA Form 5-Order of Conditions eDEP Transaction#:407337
1City/Town:NORTH ANDOVER
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 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. r Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution
d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. f7 Ground Water Supply h. F Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.R 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:
b.r 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 interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r 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 interests of the
Act,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).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 50
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.F' Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
f WPA Form 5-Order of Conditions eDEP Transaction 4:407337
lMassachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
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1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
� WPA Form 5-Order of Conditions eDEP Transaction#:407337
Massachusetts Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r 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.
a.square feet of BV W b.square feet of Salt Marsh
23.
F-Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
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7Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1504
WPA Form 5 -Order of Conditions eDEP Transaction#:407337
;' CiVI'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1504"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)f— subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
MTA Form 5 -Order of Conditions eDEP Transaction#:407337
` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible parry to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission('Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
1J Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
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I
k�
LlvliMassachusetts Department of Environmental Protection Provided by MassDEP:
l
Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
'"TA Form 5 -Order of Conditions eDEP Transaction#:407337
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
L11
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1504
WPA Form 5 -Order of Conditions eDEP Transaction#:407337
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hereby(check one that applies
a. r 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.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
p y PROTECTION 2.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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i
Massachusetts Department of Environmental Protection Provided by MassDEP:
�_-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1504
eDEP Transaction#:407337
!} WPA Form 5 - Order of Conditions City/Town:NORTHRNDOVER
` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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 I 0-
a majority of the Conservation Commission. . 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
f
perfified
r by hand delivery on ,tl,return receipt requested,on
J� t � it
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#:242-1504
WPA Form 5-Order of Conditions eDEP Transaction 4:407337
City/Town:NORTH ANDOVER
d Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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:
140 ACADEMY ROAD 242-1504
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner ROBERT STEVENS
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
Page 10 of 10*ELECTRONIC COPY
i
DEP FILE#242 - 1504
i
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 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
20. The proposed work includes: Construction of five (5) single-family homes with
appurtenant grading, driveways,stormwater management and utility connections.
Construction of a sewer extension to service the lots is also proposed. Portions of the
work including stormwater management structures and the proposed sewer are within
the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW).
21. The work shall conform to the following:
Applicant: Tom Patnaude
100 Salem Street
North Andover, MA 01845
Property Owner: Robert Stevens
140 Academy Road
North Andover, MA 01845
Notice of Intent Filed by: James Fairweather
Andover Consultants,Inc.
1 East River Place
Methuen, MA 01844
Date filed: November 16, 2010
Site Plans prepared by: Andover Consultants,Inc.
Stamped by: James S. Fairweather II,P.E.
Record Plans: "Stevens Street, North Andover, Mass"
Sheets 1 -6 and Sheet 1 of 1
Dated: November 10, 2010 and last revised: 08-16-11
Sheet 1 of 6 Existing Conditions Plan
Sheet 2 of 6 Lot Grading Plan
Sheet 3 of 6 Sewer Plan&Profiles
Sheet 4 of 6 Profiles & Details
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Sheet 5 of 6 Details
Sheet 6 of 6 Landscape Plan
Sheet 1 of 1 Erosion &Sediment Control Plan
Record Documents: Stormwater Report
140 Academy Road at Stevens Street
North Andover, Massachusetts
Prepared by: Andover Consultants,.Inc.
Date: November, 2010 and last revised: April 25,2011 I
Supplement to Stormwater Report
Prepared by: Andover Consultants, Inc.
Last Revised: August 16, 2011
Operation & Maintenance Plan and Long Term Pollution
Prevention Plan
140 Academy Road at Stevens Street
Prepared by: Andover Consultants, Inc.
Stormwater Review: Stormwater Management Review letter
Prepared by: Lisa Eggleston, P.E. dated July 14,2010;
Response letter prepared by Andover Consultants, Inc.
dated July 26,2010;
Review letter prepared by Lisa Eggleston,P.E. dated
October 5,2010;
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)
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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) and associated 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.
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.
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27. The work authorized hereunder shall be completed within threes from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least±Lrty
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. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
BVW. This resource area is significant to the interests of the Act as noted above and
therein. The applicant has not attempted to overcome the presumption of significance of
this resource area to the identified interests.
33. The BVW was delineated by Basbanes Wetland Consulting in August 2010. The wetland
resource areas are off property and only the Buffer Zone cast onto this property is
confirmed by the NACC.
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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
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l
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order,the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
j 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 site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1504."
39. Prior to the commencement of any work, the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP).
40.Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
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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.
41. It is the responsibility of the applicant, owner, and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction(Phasing Plan),including a dated timetable
of clearing and grading, soil disturbance, installation of sedimentation/erosion control
devices, the construction of temporary sediment traps,phasing associated with the
development of the lots,the construction of the associated stormwater management
structures, and landscaping activities. This timetable must continue to be updated
monthly throughout the project.
43. Wetland flagging shall be checked prior to the start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated per
the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with erosion controls or temporary fencing and shall be confirmed by the NACC.
Such barriers shall be checked and replaced as necessary and shall be maintained until all
construction is complete. Workers should be informed that no use of machinery, storage
of machinery or materials,stockpiling of soil, or construction activity is to occur beyond
this line at any time.
44. A row of staked hay bales backed by trenched siltation fence (and all other necessary
erosion control measures including check dams and slope matting) shall be placed
between all construction areas and wetlands. The erosion control barrier will be properly
installed and placed as shown on the Erosion&Sediment Control Plan 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
j erosion, or any noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
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45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 25 hay bales and sufficient stakes for staking these bales, 75
feet of silt fence, and an adequate supply of emergency erosion controls including crushed
stone, silt sacks,jute matting and any other erosion controls the applicant proposes to use
as part of the Erosion and Sedimentation Control Plan. Said supplies shall be used only
for the control of emergency erosion problems and shall not be used for the normal
control of erosion.
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46. A check payable to the Town of North Andover shall be provided in the amount of$5,500
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 or other environmental professional as
approved by the NACC or its agent, as an"Erosion Control Monitor (ECM)" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices (Credentials of said Erosion Control Monitor shall be
submitted in writing for review and subsequent approval by the NACC). The name and
phone number of the erosion control monitor must be provided to the NACC in the event
that this person has to be contacted, due to an emergency at the site, during any 24-hour
period, including weekends. The Environmental Professional will immediately notify the
Conservation agent of any matter that requires attention by the Commission or the agent.
The erosion control monitor will be required to inspect all such devices and oversee
cleaning and the proper disposal of waste products. Cleaning shall include removal of
any entrapped silt.
48. 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 and photographs 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 1/2' inch of rain or greater (24 hour event) to ensure that soils remain
stable, and erosion controls are adequate and secure.
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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, such as a Management Company,
Homeowner's Association or individual, subject to said Orders of Conditions, the
"Compliance Certification Form" Affidavit(attached herein) signed under the pains and
penalties of perjury, stating that said applicant has read these Orders of Conditions and is
in compliance with each and every condition. If portions of said land are transferred to
different parties, such as individual unit owners,each party is subject to this Condition.
This document shall apply to each of the conditions referenced herein and shall be
provided to the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
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, contractor,engineer,
wetland scientist/environmental monitor 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).
STORMWATER MANAGEMENT CONDITIONS
51. All construction and post-construction stormwater management systems shall be
constructed in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, this Order of Conditions, and
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
attached herein.
52. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan submitted
with the Notice of Intent and incorporated in the Order of Conditions. The approved
Operation and Maintenance Plan and Long Term Pollution Prevention Plan is fully
binding upon the applicant and/or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity.
53. Evidence of maintenance of the stormwater management system shall be provided to the
NACC on an annual basis by a Registered Professional Civil Engineer certifying that the
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drainage system is working as designed and shall include any maintenance invoices for
cleaning and repairs. The first report shall be submitted to the NACC as soon as the first
stormwater structure goes on-line and reports must continue to be submitted until a
Certificate of Compliance is issued. Compliance with the designed stormwater
management system and associated stormwater management conditions shall be satisfied
prior to the issuance of a Certificate of Compliance.
54. Temporary and/or permanent swales and traps being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six(6)
inches. Soils removed from the temporary/permanent stormwater management system
shall be stored and disposed of properly. The basins shall be cleaned of sediment prior to
final grading and construction of permanent stormwater basins and structures.
55. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions.
56. Water quality down gradient of BVW 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.
57. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible
for cleaning all stormwater structures,in accordance with the approved Operation and
Maintenance Plan and Long Term Pollution Prevention Plan attached herein and the
associated stormwater management conditions mandated herein.
58. The applicants, owners, and their successors and assignees, shall maintain all culverts,
III 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
59. Upon beginning work, the applicant shall submit written weekly progress detailing what
work has been done in or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction sequence.
60. Construction sequencing shall be followed throughout all phases of construction as
detailed in the Erosion &Sediment Control Plan(Sheet 1 of 1)and in the construction
sequence submitted per condition#43,thereby minimizing any unnecessary impacts to
the wetland resource areas.
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61. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
62. The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and/ or habitat do not occur.
63. A crushed stone construction entrance shall be installed at the designated access locations
as shown on the approved plans referenced herein to minimize soil/material tracking
onto the roadways and paved surfaces. This entrance shall be reinforced and cleaned as
necessary throughout the duration of construction.
64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition
at the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel
65. All existing and proposed catch basins and oil traps on the site or on the streets adjacent
to the project shall be protected by Silt Sacks or other approved method to prevent .
sediment from entering the drainage system. Silt Sacks or other catch basin protection
shall be maintained and regularly cleaned of sediments until all areas associated with the
work permitted by this Order have been permanently stabilized and the NACC and/or
Conservation Department has formally approved their removal.
66. 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.
67. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure 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. If emergency de-watering requirements arise,the applicant shall submit a
contingency plan to the NACC or its administrator 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.
68. Pavement and roadways shall be swept weekly or as directed by the Erosion Control
monitor,the Site Supervisor, Project Manager, or Conservation staff for as long as the site
remains exposed and un-stabilized.
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69. 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.
70. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and matted. All disturbed areas must be graded, loamed and seeded prior
to November 1St of each year. Outside of the growing season, exposed soil finish grade
surfaces shall be stabilized with jute matting or by other means approved by the NACC
until climate conditions allow for seeding. During construction, any area of exposed soils
that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or
other means approved by the NACC.
71. 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.
72. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
73. There shall be no stockpiling of soil or other materials within one hundred (100)feet of
any resource area. Soils or other materials shall be stockpiled in locations approved by
this department or within the designated areas as shown on the approved plans
referenced herein. Further, due to the existing grade on the site, any approved temporary
stockpile areas shall be adequately surrounded by erosion controls to prevent migration
of soils off-site.
74. Washings from concrete trucks,or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area. If concrete truck washing is required an area for this
activity shall be designated and approved by the Conservation Department.
75. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However,no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or local
Bylaw.
76. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling,equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
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M
CONSTRUCTION
77. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Towns Wetland protection ByLaw.
78. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of
contract to the Conservation Department in the form of a written and signed document
from the assignee(s) responsible for conducting the perpetual site maintenance in
accordance with the Operation and Maintenance Plan and Long Term Pollution
Prevention Plan and perpetual conditions mandated in this Order. In addition to this
contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the
Stormwater Operation& Maintenance responsibilities of the stormwater management
systems in accordance with the approved Operation and Maintenance Plan and Long
Term Pollution Prevention Plan and other perpetual conditions mandated in this Order.
79. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area.This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
80. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
81. 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.
82. 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.
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f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences,sheds,stone walls,
pools, retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includesLnX disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
83. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid
blockages and siltation, which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas (Condition#60);
➢ All catch basins shall contain oil/gasoline traps and shall be maintained
(Condition#66);
➢ Discharge orspillage of pollutants (Condition # 76);
➢ Prohibition of underground fuels (Condition#77);
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➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#73);
➢ The approved "Long-Term Stormwater Operations and Maintenance Plan"
shall be adhered to. No additional filings will be required to conduct
maintenance of the above referenced system and plan(Condition#52).
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APPENDIX A-AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKATLEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby-affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
I &
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)
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