HomeMy WebLinkAboutMiscellaneous - 165 BRIDLE PATH 4/30/2018 (3)��
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April 4,2011 A PR G 18 2011
NORTH ANDOVER
Louis Napoli, Chair Conservation Department CON_S_ERVATION iv0
Jennifer Hughes, Conservation Administrator ��—IV!;
`
Town of North Andover, Community Development Division
1600 Osgood Street
Suite 2-36
North Andover, MA 01845
RE:
o proposed tree removal and grooming of lot behind playset at 165 Bridle Path, North
Andover, MA
o concern that clearing of vegetation behind new playset and new soil infringes on the
25' No-Disturbance Zone (North Andover Wetlands Protection Bylaw C.178)
o the need for formal delineation of the 25' No-Disturbance Zone by abutter
We are abutters at 127 Bridle Path.We are familiar with the regulations of the North Andover
Conservation Committee as we have participated in a wetland restoration project on our property a few
years ago. We noticed that our abutters erected a playset and it appears that vegetation has been
cleared and the soil has been groomed and possibly filled behind this playset.This area seems to
encroach and be within the 25' No-Disturbance Zone of the wetland that extends on to our property and
it most assuredly is within the 50' No-Build Zone.
Further, it has come to our attention that these neighbors now wish to remove trees from their
property as well. This raises concern over the fact that the wetland positioning has not been formally
delineated on their property.The wetland boundary is essential to establish the limits of the 25' no
cut/no clear disturbance zone.This would be important for workers with machinery unfamiliar with
wetland bouKdaries to be aware of the proper precautionary measures.
We respectfully ask that the committee review the recent work and clearing near the playset
to ensure compliance. Further,we ask that a formal delineation of the 25' No-Disturbance Zone at 165
Bridle Path be undertaken before any further work is authorized or commenced.
Thank you for your attention to this matter.
Sincerely,
'Kim and George Chatson
127 Bridle Path
North Andover, MA
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CONSERVATION DEPARTMENT
Community Development Division
March 29, 2011
Kara & Ryan Secan
165 Bridle Path
North Andover, MA 01845
RE: Selective cutting of 11 white pine trees, one hemlock, two dead trees and stump grinding
within the buffer zone to wetland resource areas. !
A
This is a follow up letter pertaining to your request to remove four (4) large white pine trees,
two dead trees that are within the buffer zone to a wetland resource area and eight(8) additional
trees at your home at 165 Bridle Path in North Andover, MA. The trees were identified to j
Jennifer Hughes and me by Mrs. Secan on site on March 29, 2011. The trees that were to be
removed were marked with yellow tape wrapped around the trunk. The eight additional trees
are outside of the jurisdiction of the Conservation Commission but were also flagged for
removal. It was determined that the trees that are within jurisdiction are located outside of the
25' No-Disturbance Zone pursuant to the North Andover Wetlands Protection Bylaw (C. 178 of
the Code of North Andover). Removal of vegetation, including pruning and cutting, is
prohibited within the No-Disturbance Zone except in rare circumstances, such as safety. The
closest tree to the resource area is not healthy and has recently lost many of the upper limbs; the
three other trees that are within jurisdiction 100-foot are in the outer
] portion of the 100 foot buffer zone.
P
The Conservation Department will permit the removal of the above referenced trees in order to
prevent possible injury or property damage. These cutting activities shall be limited to the trees
identified during the site visit and as outlined in this letter. The homeowner is also proposing to
have a few old stumps that are on the property ground down in addition to the stumps from the
proposed tree removal.
The approved cutting will be subject to the following conditions: f
❖ The work approved in this letter shall be completed by October 1,2011.
❖ No machinery shall enter the 25' No Disturbance Zone.
❖ No work shall occur in resource areas.
❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of
properly.
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
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❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground
down or cut flush with the landscape.
❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved
trees.
❖ All trees are assumed to be on the property of 165 Bridle Path; however determination of
property boundaries and ownership is the responsibility of the homeowner of 165 Bridle
Path.
❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized.
❖ The applicant shall notify this department immediately following completion of work for a
final site inspection.
❖ Areas within 100-feet of wetland resource areas shall remain in a natural state and no further
vegetation shall be removed without the prior approval of the Conservation
Department/Commission.
Please do not hesitate to contact me should you have any further questions or concerns in this
regard.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
Heidi Gaffney
Conservation Field Inspector
Cc: Jennifer Hughes, Conservation Administrator
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
{
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 NACC#by
Provided by DEP
A. Project Information
Important: .
I
When filling out 1. This Certificate of Compliance is issued to:
forms on the Gabrielle Schmitt
computer, use Name
only the tab
ke
165 Bridle Path
Y to move
I
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town
State
Zip Code
Q2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Gabrielle Schmitt
Name
December 27, 2004 NACC#17
Dated DEP File Number
3. The project site is located at:
165 Bridle Path North Andover
Street Address City/Town
Map 104C Parcel 86
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Gabrielle Schmitt
Property Owner(if different)
Essex North 9477 161
County Book
Page
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Certificate
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I.
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
5/19/08
Date
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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:
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wpaform 8b.doc•rev.7/13/04
Page 1 of 4
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of ComL7pliance
NACC#17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4O Provided by DEP j
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B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced j
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
65
C. Authorization
Issued by:
North Andover
Conservation Commission Date of Issuance
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 Attachment).
Signatures:
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wpaform 8b.doc•rev.7/13/04
Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
NACC#17
LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
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Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
c200?
On this Of
Day Month Year
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before me, the undersigned Notary Public, personally appeared
A46m-r P d911 A)2 , JR
Name of Document Signer
proved to me through satisfactory evidence of identification, which was%were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
ANorth Andover
As member of
CitylTown Conservation Commission
i
ignature of Notary Public
Daon'l � E (�
[EON
DONM M.WEDGE 'k> Printed Name of otary Public
?MARY PUSUC
COMMONWEALTH pF MASSACHUSETTSMy Comm Expires Aug.7,2009 A-O,-f
My C ssion ires(Date)
Place notary seal and/or any stamp above
SiNature of Notary Public
wpaform 8b.doc-rev.7/13/04
Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
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WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 NACC#17
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.
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Detach on dotted line and submit to the Conservation Commission.
-----------,--------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
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Please be advised that the Certificate of Compliance for the project at:
165 Bridle Path NACC#17
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:
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If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.7/13/04
Page 4 of 4
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to;
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
1
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Chademont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
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DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillioston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
Abington Southeast Region Dartmouth Freetown Matta oisett Provincet wn
Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston, MA 02108
Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
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wpaform8b.doc-DEP Addresses•rev.5/14/08 Page 1 of 1
Massachusetts Department of Environmental Protection
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Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
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 Gabrielle Schmitt
use the return a.First Name b.Last Name c.Company
key. 165 Bridle Path
d.Mailing Address
North Andover MA. 01845
e.Cityfrown f.State g.Zip Code
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:
165 Bridle Path North Andover
a. Street Address b.City/Town
Map 210 Block 1046 Lot 86
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-45-31 71-15-26
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)
2478 11
c. Book d.Page
7. Dates: 11/4/04 12/8/04 12/27/04
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Existing Conditions Plan & Proposed Improvement Plan
a.Plan Title
Andover Consultants, Inc. Joseph P. Burke, P. E.
b.Prepared By c.Signed and Stamped by
11/4/04 1" = 20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
$ 105.00
9. Total WPA Fee Paid: a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.12/23/04 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
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1. Findings pursuant to the Massachusetts Wetlands Protection Act:
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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. ❑ f. ® Protection of Wildlife
Fisheries 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 a. linear feet b.linear feet c.linear feet d. linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d. square feet
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5. ❑ Land Under
a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.12/1/04 Page 2 of 9
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ 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 d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
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Sq ft within 100 ft c.square feet d.square feet
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Sq ft between 100-200 ft
e.square feet f.square feet
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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 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.Gy nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. 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
19. ❑ 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.12/1/04 Page 3 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number NACC# 17
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wpaform5.doc• rev.12/1/04
Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
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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
wpaform5.doc• rev.12/1/04 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
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:
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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 you need more C. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See Attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.12/1/04 Page 6 of 9
NACC #17
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 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 J.
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 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 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.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
24. This Order of Conditions is issued under NACC #17.
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NACC #17
25. 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.
26. 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.
27. The proposed work includes: Construction of a 42'x10' addition to an existing
single-family dwelling within the buffer zone to an Isolated Vegetated Wetland (IVW),
jurisdictional under the North Andover Wetlands Protection Bylaw only.
28. 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: Gabrielle Schmitt (Applicant)
165 Bridle Path
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North Andover, MA 01845
Dated November 4,2004.
I
Site Plans and NOI
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844
Site plans entitled, "Existing Conditions Plan",
Sheet 1, dated November 4,2004, and "Proposed
Improvements Plan", dated November 4,2004.
Signed &stamped by Joseph P. Burke,PE.
Other Record Documents: Letter from Donald F. Borenstein,Esq., dated November
17,2004;
Letter from Donald F. Borenstein, Esq., dated December
6, 2004;
Site Inspection Report written by Alison E. McKay, North
Andover Conservation Administrator, dated December 2,
2004.
29. The following wetland resource areas are affected by the proposed work: 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.
CAWinword\00C\I65Bridleftth.doc 2 NACC 12/15/04
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NACC #17
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on thelans dated referenced herein.
P �
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50) No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
32. 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.
33. 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.
EPRIOR TO CONSTRUCTION
34. 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 Court have
been completed.
35. 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.
36. 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 "NACC File #17."
C:\Winword\OOC\165Bridleftth.doc 3 NACC 12/15/04
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NACC #17
37. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
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.
38. 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.
39. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including installation of
sedimentation/erosion control devices and re-vegetation to be completed before other
work begins on-site.
40. 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.
41. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with three (3) signs or markers spaced evenly every 20 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.
42. 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
CAWinword\00C\165BridlePath.doc 4 NACC 12/15/04
NACC #17
all disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
h NACC. The NACC reserves the right to
shall be implemented at the direction of the g
impose additional conditions on portions of this project to mitigate any impacts which
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could result from site erosion, or any noticeable degradation of surface Ovate quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
43. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
44. A check payable to the Town of North Andover shall be provided in the amount of
$1,500,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.
45. The applicant shall designate a qualified wetland scientist as the project's "Erosion
Control Monitor" (ECM) 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 j
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 ECM
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
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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.
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C:\Winword\OOC\165BridlePath.doc 5 NACC 12/15/04
NACC #17
46. 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
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shall be provided to the Conservation Department at least five (5) business days after the
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closing of said land transaction.
47. 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 complianceliance with
this Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
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48. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
49. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
50. There shall be no increase in the post development discharges from the storm drainage
conditions that alter the post
system or any other changes >,n post development p
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
51. Water quality down gradient of 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.
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C:\Winword\00C\16%ridleftth.doc 6 NACC 12/15/04
NACC #17
52. De-watering activities anticipated shall be supervised and witnessed by the designated
Erosion Control Monitor (ECM). This designee must be on-site while work specific to de-
watering activities are occurring and until complete. Activities shall be monitored daily
by the ECM to ensure that sediment laden water is appropriately settled prior.to
areas. No discharge e of water is allowed directly
discharge toward the wetland resource a g Y
i diction under the North Andover Wetlands Bylaw. If
into an area subject to urs Y
jurisdiction i
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 settlingtank or basin, to reduce turbidity prior to discharge into a resource area.
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53. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,
rubbish or debris, including but not limited to lumber,bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
54. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year.Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay
During construction an area of exposed soils
until climate conditions allow for seeding. g y p
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.
55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or
biodegradable matting.
56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
58. 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.
59. 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
CAWinword\00C\165BridlePath.doc 7 NACC 12/15/04
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NACC #17
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wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
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is to be done within 100 feet of a resource area.
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AFTER CONSTRUCTION
60. 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.
61. 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.
62. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either
by loaming and seeding according to SCS standards. If the latter course is chosen,
stabilization will be considered complete once vegetative cover has been achieved.
63. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed
of and all exposed unve etated areas shall be seeded.
64. 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 NACC file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the j
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:
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CAWinword\00C\165Bridleftth.doc 8 NACC 12/15/04
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NACC #17
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stonewalls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
" ' disturbance of soils or vegetation.
devices. Work includes an distu
➢ Location of all subsurface utilities entering the property.
65. 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
work within 100 of existing
locations approved under this filing. Future g
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;
➢ Discharge or spillage of pollutants (Condition# 59);
➢ Prohibition of underground fuels (Condition#60);
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➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#61).
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C:\Winword\OOC\165BridlePath.doc 9 NACC 12/15/04
NACC #17
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#)
i
placed upon by the North Andover Conservation Commission(NACC).
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and / or
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of
2) I am the
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
I
placed upon by the NACC.
I hereby affirm and acknowledge that I have received said Order of Conditions and
♦ g
Y
has been set
have read the same and understand each and every condition, which I
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)
C:\Winword\OOC\165BridlePath.doc 10 NACC 12/15/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions NACC# 17
1 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 )ak7ky
condition pursuant to General Conditions#4, from the date of issuance. 1. Date of issu nee
Please indicate the number of members who will sign this form: S
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Offic , if not filing electronically, and the prope _ r, if different
I
from applicant.
Signatures:
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i
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this a� of AC_e 41 b2r o�00 y
Day Month Year
Before me, the undersigned Notary Public, -1
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
1l)4-, LicPAA! "e
Descrip ion 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
City/Town
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DONNA M.WEDGE
NOTARY ALTHOF PUBLIC S nature of Notary Public
COMMONWEALTHOFMASSACHUSETIB
My comm F.xplinAug.7,2000 - �
PrinIed 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:
I
by hand delivery on dby certified mail, return receipt requested, on
IJ-710'
Date Date I1—
wpaform 5.doc• rev.12/1/04 Page 7 of 9
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Massachusetts Department of Environmental Protection
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Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
1 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
Superseding Order of Conditions.
their right to request theappropriate DEP Re Tonal Office to issue a Sup g
9 q9
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.
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Section G, Recording Information is available on the following page.
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wpaform5.doc- rev.12/1/04 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 17
1 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
1 9
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:
NACC# 17
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.12/1/04 Page 9 of 9
