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1
Form 8
_ Commonwealth
of Massachusetts
=` 1780 Osgood Street
Certificate of Compliance
'Massachusetts Wetlands Protection Act, G.L. c. 131, §40
ra.
QCj 2f 3 25 P DEP File No. 242— 552
( (To De provioed by DEP)
Citviown 'North Andover
ApDiicant J. Tropeano, Inc.
From North Andover Conservation Commission Issuing Authority
To J. Tropeano, Inc. 1780 Osgood Street, No. Andover, MA 01845
(Name) (Address)
Date of Issuance
October 19, 1994
This Certificate is issued for work regulated by an Order of Conditions issued to
J. Tropeano, Inc. dated 06/26/91 and issued by the North Andover Conservation
Commission.
1. It is hereby certified that the work regulated by the above -referenced Order of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above -refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above -referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
.......................................................................................................................................................... .
(Leave Soace Blank)
8-1
Massachusetts Department of Environmental Protection
Lj��Bureau of Resource Protection - Wetlands
,'4'WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. [ OOC
3. Applicant Details LOUISA &TIM
a. First Name
c. Organization J. TROPEANO INC.
d. Mailing Address 1780 OSGOOD STREET
e. City/Town NORTH ANDOVER
4. Property Owner
a. First Name LOUISA & TIM
c. Organization J. TROPEANO INC.
d. Mailing Address 1780 OSGOOD STREET
e. City/Town NORTH ANDOVER
5. Project Location
a. Street Address 1780 OSGOOD STREET
b.City/I'own NORTH ANDOVER
d. Assessors Map/Plat# 61
f. Latitude 42.73841N
6. Property recorded at the Registry of Deed for:
a. County b. Certificate
NORTHERN ESSEX
Provided by MassDEP:
MassDEP File #:242-1528
eDEP Transaction 4:420945
City/Town:NORTH ANDOVER
b. r Amended OOC
b. Last Name
TANNER
f State MA
g. Zip Code 01845
b. Last Name
TANNER
f State MA
g. Zip Code 01845
C. Zip Code
01845
e. Parcel/Lot#
11
g. Longitude
71.11367W
c. Book
d. Page
9661
325
7.Dates
a. Date NOI Filed: 8/12/2011 b. Date Public Hearing Closed: 9/14/2011
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by:
SITE PLAN & LJR ENGINEERING LUKE J. ROY, P.E.
DETAIL PLAN
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
c. Date Of Issuance: 9/29/2011
d. Revised Final Date: e. Scale:
09/01/2011 11=40'
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File #:242-1528
Bureau of Resource Protection - Wetlands eDEP Transaction #:420945
t:NORTH ANDOVER
WP A Form 5 -Order of Conditions City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
i� n the review of the the above -referenced Notice of Intent and based on kel o osed is ion signifi ant o the ollowing in erests of
vided in this application and
Follow g
presented at the public hearing, this Commission finds that the areas in whic wo p
the Wetlands Protection Act.
Check all that apply:
b r Land Containing Shellfish c. r Prevention of Pollution
a. r Public Water Supply e, r Fisheries f. r Protection of Wildlife Habitat
d. FT Private Water Supply i, F Flood Control
_ ...... .
h. r Storm Damage Prevention
g. F7 Ground Water Supply-...,.., ,
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a. in accordance with the performance standards set forth in the wetlands regulations.
(✓ The following conditions which are necessaryhe
This Commission orders that all sr a iallconditions attached to this Order. be performed in accordance withto the extentthat the following conditions s mooldify or
General Conditions, and any otherp
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control .
Denied because:
wetland regulations. Therefore,
b. r- The proposed work cannot be conditioned unless and uneet the til a new Notice erformance f In ent is subm ttedewh ch provides measures which are
work at this project may no g
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.
is not he site, the work or the eeof the work on the interests
c. r The information submitted byhe applicant
pplict nTherefore Therefore, this projeto describe ct may not go forward une ss and until a revised Notice of
identified in the Wetlands Protection to protect
Intent is submitted which provides sufficientissued. A description of the sp c f c inforlmation adequate
ch is lacking and why t of
e
Act, and a final Order of Conditions
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.F' Buffer Zone Impacts: Shorte ( distance between limit of project disturbance and the wetland resource a linear feet
area specified in 310CMR10.02 1 a .
Inland Resource Area Impacts:(For Approvals Only):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. r Banka.
linear feet
b. lin
c. linear feet
d. linear feet
5. r Bordering 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
e. c/y —dredged
f c/y dredged
7. f � Bordering Land Subject to Flooding
3136
�—
a. square feet
3136
b. square feet
3136
c. square feet
3136
d. square feet
Page 2 of 10 * ELECTRONIC COPY
of Environmental Protection Provided by MassDEP:
Massachusetts Department MasSDEP File #:242-1528
Bureau of Resource Protection -Wetlands eDEP Transaction #:420945
ANDOVER
71rl
WPA Form 5 �lOdds
Cityffon:NORTH
Pote t oo ct G L. c. 131, §40
Massachusetts We
-----------'�28.4
Cubic Feet Flood Storage
30 — 3�_
28'4 h. cubic feet
e. cubic feet f. cubic feet g cubic feet
8. r Isolated Land Subject to Flooding
a. square feet T—square feet
Cubic Feet Flood Storage
�— e. cubic feet f. cu bic feet
c. cubic feet d. cubic feet
9. r Riverfront Area
a. tota b. tots
Sq ft within 100 ft
a sq d. sq e. sq f. square
Sq ft between 100-200 ft
uareuare feet feet
g squarfeet h, sq— u— i. sq I' sq
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted
Replacement
Resource Area
Alteration Alteration Replacement
Indicate size under Land Under the Ocean, below
10. r Designated Port Areas
11. r Land Under the Ocean
a square feet b, square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
12. r Barrier Beaches
13. r Coastal Beaches
a squa�.e feet b. square feet c. c/y nourishment d. c/y nourishment
14. r Coastal Dunes
Ueb. sq C. c/y nourishment —dc/y nourishment
a. square feet
15. r Coastal Banks
a. linear feet feet b. linear feet
16. r Rocky Intertidal Shores a square feet b. square feet
uare feet
17. r Salt Marshes a square e feet b. square feet c. sq d. sq
18. r Land Under Salt Ponds a. square feet b. square feet
c. c/y dredged Tc/y dredged
19. r Land Containing Shellfish a sq— feet b square feet c ssq d. sq
uare feet
Page 3 of 10 * ELECTRONIC COPY
SDEP
Massachusetts Department of Environmental Protection Provided by MaS242-1
MassDEP File #:242-1528
Bureau of Resource Protection -Wetlands eDEP Transaction #:420945City�.ownNORTH ANDOVER
WPA Form 5 - Order of Conditions
LJindicate
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
size under Coastal Banks,
inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
20. r- Fish Runs above
c. c/y dredged d d. /y dredged
21. F Land Subject to Coastal Storm Flowage a square feet
22' rovals Only)
r- Restoration/Enhancement (For App
If the project is for the purpose of restoring or enhancing nteredthe additional amount here. resource area in addition been
te square footage that has
entered in Section B.5.c & d or B.17.c & d above, please
T-
. square feet ofBVW
b. square feet of Salt Marsh
23.
C Streams Crossing(s)
ase enter the number of new
If the project involves Stream Crossings, plestream crossings/number of replacement stream crossings.
a f in
b. number of replacement stream crossings
number onew stream crossgs
C
Ca General Conditions UnderhlMa h re jes Wetlands Protection be deemed
cts
The following conditions are only applicaApproved
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall
cause to revoke or modify this Order. to rivate property or
2. The Order does not giant any property rights or any exclusive privileges; it does not authorize any in P
I other applicable federal,
invasion of private rights. other person of the necessity of complying with al
3. This Order does not relieve the permittee or any
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 as provided for in the Act; or
a. the work is a maintenance dredging project videddate more than three years, but less than five
b. the time for completion has been extended to a specified
years, from the date of issuance. If this Order is intended tttoe e valid for more than three years, the
extended time period are set forth th a
extension date and the special circumstances warranting application to
5. This Order may be extendedthe
special condition in this Order.
dbay thet the expiration date of the Order.for one or more ods of up to three years eachupon ap p
issuing authority at least 30 y prior
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions. fill shall contain no trash, refuse, rubbish, or debris, including
7. Any fill used in connection with this project shall be clean fill. Any
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts o
any of the foregoing.
8. This Order is not final until all administratri� have been completed.
until
this Order have elapsed, or if such an appeal has been en,
until all proceedings before the Departm of Deeds or the Land
In the case of recorded land,
9. No work shall be undertakenuntil
the land Orlocated,bwrthintbe pain of title of the affected property.Registry
Court for the district m Page 4 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File #:242-1528
Lilt
Bureau of Resource Protection -WetlandseDEP Transaction #:420945
WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 :"242-1528"
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
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
Page 5 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File #:242-1528
o Bureau of Resource Protection -Wetlands eDEP Transaction #:420945
WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Standard 10; iv. allpost stormwater BMPs are installed in accordance with the plans (including all planting
ected to ensure that they are not damaged and that they are in
plans) approved by the issuing authority, and have been insp
proper working condition; v. any vegetation associated with post construction BMPs is suitably established to withstand
erosion.
;) ance until the issuing authority is notified that another party has legally assumed
The landowner is responsible for BMP mainten
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 O&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 party 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 perforin the required operation and maintenance must be submitted
along with the legally binding agreement.
fl water BMPs in accordance with the design plans, the O&M Plan
The responsible party shall operate and maintain all storm
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.
I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
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 6 of 10 *ELECTRONIC COPY
Provided by MassDEP:
Massachusetts Department1VIassDEP File #:242-1528 of Environmental Protection eDEP Transaction #:420945
Bureau of Resource Protection -Wetlands City/Town:NORTH ANDOVER
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c• 131, §40
�l
Page 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File #:242-1528
- Bureau of Resource Protection - Wetlands eDEP Transaction #:420945
WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER
E ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A Findings Under Municipal Wetlands Bylaw or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable? r 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:
2. Citation
1. Municipal Ordinance or Bylaw
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'r APPROVES the proposed work, subject to the following
additional conditions.
NORTH ANDOVER
WETLANDS 2. Citation CHAPTER 178
1. Municipal Ordinance or Bylaw PROTECTION
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
Page 8 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1528
WPA Form 5 - Order of Conditions eDEP Transaction #:420945
f,
s 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER
E. Signatures q
This Order is valid for three years from the date of issuance, unless otherwise specified 1
pursuant to General Condition 44. If this is an Amended Order of Conditions, the Amended T.—Dat6 of Orig al 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
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:XAU�-o
r by ha elivery on
Date
F. Appeals
T/by certified mail, return receipt requested, on
Date
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.
Page 9 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedbyy Mas242-1
MassDEP File #:242-1528
Ll
Bureau of Resource Protection - Wetlands eDEP Transaction #:420945
WPA Form 5 -Order of ConditionsCityfrown:NORTH ANDOVER
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 9/ DateO
ended Order of Conditions, the Amended1. of Original Order
pursuant to General Condition #4. If this is an Am
Order expires on the same date as the original Order of Conditions.
5
of members who will sign this form. This Order mut be signed by
Please indicate the number 2 Number of Signers
a majority of the Conservation Commission.
The Order mut be mailed by certified mail (returnappropriate Dreceipt
partment of Environmental Protection Regional applicant.
Office, if not filing be mailed
or hand delivered at the same time ned different from applicant.
electronically, and the property
Jack Mabon
Signatures:
Joseph Lynch
Louis Napoli
Deborah Feltovic
Douglas Saal r by certified mail, return receipt requested, on
r by hand delivery on
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
ed of
assDEP
residents of the city or town in rsedisuch rder of Conditiond is located, s. The request e hereby lmut be me de byir tcertified mail oto request the r hand delivpropriate ery to the
Regional Office to issue a Supersed g
provided in
Department, with the appropriate filing f a from the date ond a completed fisuance of this Order. uest for Departmental e copy of the request hall at e same time be
310 CMR 10.03(7) within ten business days
sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.
e prior
Any appellants seeking w appeal the Departments utss m the permit proceeding means the submission of written information
rder associated with this appeal will be required to to
participation in the review si this project. Pr participation re uetin a Superseding Order, or providing written information
the Conservation Commission prior to the close of the public hearing, requesting
to the Department prior to issuance of a Superseding Order.
led and how the
does not
The request shall state tionclearly the interestsidentified in the tosely the objections the
Wetlands Protection Act (M.G.L. cO1311, § 40), and is
contribute to the protection o
inconsistent with the wetlands regulations
OCMR
o00uOrder
jurisdiction. lrdinance or by aw,
and not on the Massachusetts Wetlands Protection Act glaUons, the Department has no appellate
Page
9 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:MassDEP File #:242-1528
LlBureau of Resource Protection - Wetlands eDEP Transaction 4:420945
WPA Form 5 - Order of Conditions City/I'own:NORTH ANDOVER
l�-
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §4
G. Recording Information or the Land Court for the district in which the land is
This Order of Conditions must be recorded in the Regis r ooDe of land the Final Order shall also be noted m the Regi try sd
within the chain of title of the affectedproperty. h1the case f
Grantor Index under the name is the owner of the land uof the land subject to the Order oof Conditions. The recording information on
noted on the Land Court Certificbject to the Order. In the cas
ao of T tle of the owner
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
ed b the Registryof Deeds and submit to the Conservation Commission.
Detach on dotted line, have stampy.................................
................. .
.......
.........................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1528
1780 OSGOOD STREET
MassDEP File Number
Project Location
Has been recorded at the Registry of Deeds of:
Book Page
County
for:
Property Owner LOUISA & TIM TANNER
and has been noted in the chain of title of the affected property in:
Page
Book
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
Rev. 4/1/2010
Signature of Applicant
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 -1528
Therefore, the North Andover Conservation Commission (hereaftersary, in the Performance
Standards
finds that the following conditions are
the local Bylaw and Regulations, to protect
Standards set forth in the State Regulations,
those interests noted above. The NACC orders that all work shall be Intent referenced be lo
performed
the
accordance with said conditions and wi-ht he Notice -r frnm the clans, specifications or oth
GENERAL CONDITIONS
— g face, construction of a 12-
20. The proposed work includes: Renovation of existing build
in
di ion within Bordering Land
foot x 6 -foot entry porch and a 50 -foot x 60 -foot garage a
Subject to Flooding (BLSF) and the buffer zone to Bordering Vegetated Walland (of n).
of
Stormwater management improvements addition and porch and the addition of stone
drain infiltration systems forgarage
check dams in the existing swale at the rear of the lot (west side of property).
Compensatory Flood Storage is included in the plan.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Louisa & Tim Tanner
J. Tropeano, Inc.
1780 Osgood
North Andover, MA 01845
Notice of Intent filed by: LJR Engineering
Michael O'Neill, P.E.
234 Park Street
North Reading, MA 01864
Site Plans prepared by: LJR Engineering
Title: Site Plan & Detail Plan
Date: May 16, 2011
Last Revised: 9/1/11
Stamped by: Luke J. Roy, P.E.
Stormwater Review: Eggleston
Eggleston, Environmental
e E tal
Lisa
32 Old Framingham Road Unit 29
Sudbury, MA 01776
Letters dated: August 24 &September 14, 2011
LJR Engineering
1 NACC 9/29/2011
242-1528, osgood street 1780 ooc.doc
DEP FILE # 242 -1528
Michael O'Neill, P.E.
Response Letter dated: September 8, 2011
Other Record Documents: Stormwater Management
Operation & Maintenance Plan
Received: September 9, 2011
Alternatives Analysis & Waiver Request
Received: August 8, 2011
StreamStats Report
Received: August 8, 2011
Drainage Report Revised
Dated: 9/8/2011
22. The term/Applicant as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
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.
242-1528, osgood street 1780 ooc.doc 2 NACC 9/29/2011
DEP FILE # 242 -1528
27. The work authorized hereunder shall be completed within three years 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 thirty
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: Bordering Land
Subject to Flooding and Buffer Zone to Bordering Vegetated Wetland. StreamStats
information is provided to support the intermittent status of the stream located in the
southeast corner of the property. 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.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein (WF1A - WFBA; WF1B - WF 26B;100 -
Year Flood Elevation 31 (NGVD29)).
34. 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 fifes foot (50') No -Construction Zone shall be established from the edge of the adjacent
wetland resource area herein except as follows: Previously developed areas as shown on
the herein referenced plan and waiver of the 50 -foot No -Build Zone for construction of a
12' x 6' entrance porch over existing paved walkway. 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.
35. The NACC finds the applicant's proposal for revegetation of an average 8 -foot strip of
lawn area between the existing propane tank and the satellite dish to be adequate
242-1528, osgood street 1780 ooc.doc 3 NACC 9/29/2011
DEP FILE # 242 -1528
mitigation for disturbance of the 72 sq. ft. No Zone en flagsThe eWF19B anda shall be 1WF24Blowed t The
g betwe
revert to natural maintained
vegetation
as No -Disturbance Zone in perpetuity and shall be appropriately
area shall be maintained
marked with three pressure treated posts displaying wetland markers (detailed in
Condition #50).
36. The NACC finds the applicant's proposal for excavation 28 3 ubic feet cubic feet of,1flood36 s storage
of
flood storage volume to be adequate replacement for the
this area sh
lost to the garage construction. An unrestricted hydraulic material storaonnectionoe or sto kpilanlg e
maintained in perpetuity. The area shall not be used form g
37. This document shall be included in all construction contracts,subsany conflicting
specifications dealing with the work proposed a shall supersedeand
contract requirements. The applicant shall assure that all contractorswork are fully aware the u cont termsoms and
rmi
other personnel performing l>igbe held jointly liable for any violation of this
conditions. Thereafter, the contractor w
Order resulting from failure to comply with its conditions.
38. The owners of the project and their successors in title
gragreeintain the the
Order
itself impose upon theresponsibility drainage system
hall not be liable for any damage in the event of failure. By
and that said Town s
acceptance of this Order, the owners agree to indemnify and hold harmless to the own
hT
and its residents for any damage attributable to altari any way implyertaken on this o p er ertify
pursuant to the Order. Issuance of these Conditions does not
storm damage or an
that the site or downstream areas will not
odfloine�m, if a epted by they
other form of water damage. Maintenance of the drainage sys
Town as part of a public way, becomes the responsibility of the Town.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods efore to is Order have
elapsed or, if such an appeal has been filed, until all proceedings
or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of
Deeds untthe ediately after
the expiration of all appeal periods. No work shall be undertakenin which
l Order
has been recorded in the Registry of Deeds or the Land Court for thedistrict
of recorded e
land is located, within the chain of title of the affected property.
land, the Final Order shall also be noted in the eal�o k is to be doneeIn the ase of's Grantor Indx under the of the owner of the land upon which the propos
d Court Certificate of T
registered land, the Final Order shall also be noted on theS be done. The recordingitle
of the owner of the land upon which the proposed work
information shall be submitted to the North Andover Conservation work. Commission Order not the
form at the end of this Order prior to commencement o
242-1528, osgood street 1780 ooc.doc
4 NACC 9/29/2011
DEP PILE # 242 -1528
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
41. A sign shall be displayed at the site not less than o square
fFileet or more r than three
square feet in size bearing the words"Massachusetts
s decision
42. Any changes in the submitted plans caused by the to the NACC forlicant, another / approval or
resulting from this Order of Conditions must be the NACC will
prior to implementation. If the NACC finds said changes to be significant,
call for another public hearing (at the expense of the applicant)
ded or w Order of Conditions.
close of said public hearing the NACC will issue an amen
Any errors found in the plans or information submitted
by the until w pplictten a t be shall been
considered as changes. No work shall begin on project
granted by the NACC.
43. It is the responsibility of the applicant, owner, and/ rsuccessor(s)
plied with. The ro eo t ensure
enginthaand
t all
er
conditions of this Order
f this Order of Conditions and referenced
contractors are to be provided with a copy
documents before commencement of construction.
on-site, the applicant shall submit to the NACC for
44. Prior to any work commencing
ction, including the ocompensation
approval, a detailed sequence of construoncontrol devices and re -
and
retention areas, installation of sedimentation/ eros
vegetation to be completed before other work begins on-site.
45. Wetland flagging shall be checked prior to start of constructson and shall enumerated e erthe
approved plan(s) throughout established
where missing. All wetland flagging shall remain visible and of the project and until a Certificate ofCompliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be
rers e clearly marked with shall
controls or temporary fencing and shall be confirmed by the NACC. Such bar
be checked and replaced as necessary and shall be until
storage of machinery or
complete. Workers should be informed that no use of machinery,
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
46. 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 or its
agent prior to the start of construction and shall remain intact until all disturbed areas
have been permanently stabilized to prevent erosion. Silt sacks shall be placed in all catch
basins to prevent erosion into the stormwater system. 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
_ 5 NACC 9/29/2011
242.-1528, osgood street 1780 ooc.doc
DEP FILE # 242 -1528
n of surface water quality
could result from site erosion, or any noticeable degradatoo on control measures may be
discharging from the site. For example, installation of e
on
required in areas not shown on the plan(s) referenced in this Order of Co 48 hours of tShould
such installation be required by the NACC, they shall be installed
Commissions request.
47. The applicant shall have on hand at the start of any
stakes for taking these bales or
bance, removal or
stockpiling, a minimum of 10 hay bales and sufficient
eqg
uivalent len th of straw wattle. Said bales/wattles shall be used
control only for he control of
emergency erosion problems and shall not be used for the norm
Y p
unt of
48.
A check a able to the Town of North Andover shall be provided i the a r nand the 3000
which shall be in all respects satisfactory to Town Counsel, T
NACC, and shall be posted with the North Andover Town Tret of money shalle conditioned on he asurer through
completion of all conditions here the ACC
before commencement of work. ofl hallbelsigned by a party or parties satisfactory to the
,
NACC, and Town Counsel, and shall be released after completion of the P e of t, provide
that provisions, satisfactory to the hThe appli ave beenandt may propose a monetary
conditions which are of continuing nature
release schedule keyed to completion of specific portions of
feroject for the of the local ByLaw's
review and approval. This condition is issued under the authority
49. The applicant shall designate a Wetland Scientist (or other enviromnentaloprofessionalesee as
approved by the NACC or its agent) as an "'Erosion ection oContr�lMonitor" to replacement of sedimentation
emergency placement of controls and regularins p
control devices. The name and phone number of the erosionant be
provided to the NACC in the event that this person has be contacted, due to
emergency at the site, during any 24-hour period, including
weekends.
. Proof of the on by the
gDepartment
retained monitor must be submitted to the Conservation
retained consulting firm. This person shall be given the authority required stop
t to inspectconstruction
for
erosion control purposes. The erosion control monitor will be q
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt.
50. At least once during each week in which construction activities shall occurs
on-site
mit a wr d for as
long thereafter as ground remains unstabilized, the app
licantreport, including photographs of the site, from the "Erosion Control e and belief based Monon itor"
to the site
NACC certifying that, to the best of his/her knowledge
inspection, all work is being performed in compliance with this Ordertrol amonitor must o suandd
that approved setbacks are being adhered to. The erosion co
vlly
inspect all sedimentation/ erosion control measures andfunctioning as responsibility
In addition, all
p g
maintenance on a weekly basis and that they are functi
wetland resource areas must be visually inspected for siltation,
on site during and/ orrbidity, and/or ther
water quality impacts. The Erosion Control Monitor shall
242-1528, osgood street 1780 ooc.doc
6 NACC 9/29/2011
DEP FILE # 242 -1528
following a major storm event of 1" inch of rain or greater (24 hour eent) to ensure that
soils remain stable, and erosion controls are adequate an secure
51. Prior to construction, the applicant shall permanently mir She edge
or markers
t rke No -
Disturbance spaced
Zone/ edge of existing disturbance
following text: "Protected Wetland Resource
evenly every 25 -feet incorporating the g
Area . This will designate their sensitivity and
assure
no kersuare subject to review and
encroachment into the wetland. These permanentese markers
approval b the NACC. The applicant shall instruct all agents tto explain
plain the applicant.
th
buyers/ytaking all persons property
buyers/lessees/landscapers o ted and b replaced as necessary in perpetuity.
These markers shall remain p
and/or the legal owner of that portion of land upon ansferrinwhich eS oOrders of
52. The applicant /
Conditions have been placed shall provide the
N sders ogConditions,
assigning any portion of said land to anotherparty, ubject to said
ed
the Comp
liance Certification Form Affidavit" attached via " AppendixX'
' has read der
the pains and penalties of perjury, m coing that said applicant mpliance liance with each and every condition. This
these Orders of Conditions and p
and shall
documepp
nt shall a ly to each of the conditions referenced herein to the clbe provided said to
the Conservation Department at least five (5) business days prior
land transaction.
cant
53. once
these above mentioned pre -construction requirements a e replete, thn and shall
shall contact the Conservation Office prior to site preparationthe contractor, the engineer,
arrange an on-site conference with
to ensure that all of the Conditions of this Order are
wetland scientist and the hal applicant
understood. This Order shall be included in all construction sue cede any conflicting
subcontracts, an
specifications dealing with the work proposed and shallp
e uirements. The applicant shall assure that all contractors, e permit's subcontractors
contract r
mit's terms and
q
other personnel performing the tpermitted {
conditions. Thereafter, the con be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its
sthe onto to cThe applicant or
contractor shall notify the NACC in writing of the identity
of th
supervisor hired to coordinate construction and to ensure compliance nwi ion s Order.
(e.g.
reasonable period of time shall be provided as notice oft e pre
72 hours).
STORMWATER MANAGEMENT CONDITIONS
syste
s shall be
54. All construction and post -construction stormwater management uencem supporting
constructed in accordance dtwith the Nothe ticeeof Intents this Order of Conditions, and
documents and plans subinitte
thea roved Stormwater Management Operation & Maintenance Plan attached herein.
Pp
NACC 9/29/2011
242-1528, osgood street 1780 ooc.doc
7
DEP FILE # 242 -1528 er 14,
lter
55. Per the review letter from Eggleston Environmental
ted fordated Septric1at the bottlom of the
layer of bankrun gravel or sand shall be
infiltration trenches. A revised detail shall be submitted for approval by the NACC or its
agent prior to the start of construction.
56. All stormwater best management practisubmitted withntained as ecified in the
the Notice of
Stormwater Management Operation & Maintenance Plan
Intent and incorporated in the Order of Conditions. The approved Stormwater
Management Operation & Maintenance Plan is fully binding upon the applicant and/or
owners, successors, agents, associations, heirs and assigns and must be adhered to in
perpetuity.
57. 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
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.
58. 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.
59. 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.
60. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible
for cleaning all stormwater structures, in accordance with the Stormwater Management
Operation & Maintenance Plan attached herein and the associated stormwater management
conditions mandated herein.
61. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
242-1528, osgood street 1780 ooc.doc 8 NACC 9/29/2011
DEP FILE # 242 -1528
62. Upon beginning work, the applicant shall submit
written
areas gr d what work ss reports ery week
detailing what work has been done in or nearresource
anticipated to be done over the next period. This will update the construction sequence.
63. Dewatering is not proposed during construction. No discharge of water is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the
North Andover Wetland Bylaw. If emergency de -watering requirements arise, the
applicant shall submit a contingency plan to the ontained in a� Commission
basin, po reduce turbidity
proval, which
provides for the pumped water to be c g
prior to discharge into a resource area.
64. 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.
65. 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 or
erosion control matting 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.
66. 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.
67. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a
wetland resource area
68. 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.
69. 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.
70. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
242-1528, osgood street 1780 ooc.doc
9 NACC 9/29/2011
DEP FILE # 242 -1528
71. 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.
AFTER CONSTRUCTION
72. 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.
73. 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.
74. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
within the buffer zone, and any arrangement for snow removal shall so stipulate due to
the importance of the site and wetlands. Road salt stockpiles on the site shall be
contained and covered.
75. 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.
76. 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.
77. 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.
242-1528, osgood street 1780 ooc.doc 10 NACC 9/29/2011
DEP FILE # 242 -1528
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aLny disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
78. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP # 242-1528. Future work within 100' of
existing wetland resource areas or in the 200' Riverfront Area 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;
➢ Resource Area Markers (Condition #51);
242-1528, osgood street 1780 ooc.doc 11 NACC 9/29/2011
DEP FILE # 242 -1528
➢ Long Term Stormwater Operation & Maintenance Plan
(attached)(Condition #56);
➢ Discharge or spillage of pollutants (Condition # 71);
➢ Prohibition of underground fuels (Condition #72);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #73 & 74).
242-1528, osgood street 1780 ooc.doc 12 NACC 9/29/2011
DEP FILE # 242 -1528
APPENDIX A - AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. I am the
&/or
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 #)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
(Signature - authorized agent of applicant or owner)
242-1528, osgood street 1780 ooc.doc 13 NACC 9/29/2011