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L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 813 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
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forms on the
computer, use
only the tab key
to move your
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key.
A. Project Information
1. This Certificate of Compliance is issued to:
Bryan Foulds
Name
274 Chestnut Street
DEP File Number:
')A') I r,00
Y —
Mailing Address
North Andover MA 01845
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Brvan Foulds
Name
September 15, 2011
Dated
3. The project site is located at:
274 Chestnut Street
Street Address
Map 60
Assessors Map/Plat Number
North Andover
City/Town
Parcel 101
Parcel/Lot Number
242-1529
DEP File Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex Northern
County
1 )Czrn
244
Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
7/22/14
wpafrm8b.doc - rev. 5129/14
Date
WPA Form 8B, Certificate of Compliance - Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1529
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -Provided by DEP
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above -referenced Order of Conditions has been satisfactorily completed.
El Partial Certification: It is hereby certified that only the following portions of work
regulated by the above -referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
Invalid Order of Conditions: It is hereby certified that the work regulated by the
above -referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
71
C. Authorization
Issued by:
North Andover
Conservation Commission
wpafrm8b. doc - rev. 5129/14
71-0311V
D6te of Is'suance
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
hftp://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep
regional-office-for-your-ci!y-or-town.htmI .
Signatures:
WPA Form 8B, Certificate of Compliance - Page 2 of 3
A- 2.
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1529
1J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
-------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
274 Chestnut Street 242-1529
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Brvan Foulds
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
wpafrm8b.doc - rev. 5/29114
Document Number
Signature of Applicant
WPA Form 813, Certificate of Compliance - Page 3 of 3
I f
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
MTA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. F 00C
3. Applicant Details
a. First Name BRYAN
c. Organization C/O THE NEVE-MORIN GROUP
d. Mailing Address 447 BOSTON STREET
e. City/Town TOPSFIELD f State
4. Property Owner
a. First Name BRYAN
c. Organization
d. Mailing Address 274 CHESTNUT STREET
e. City/Town NORTH ANDOVER
5. Project Location
a. Street Address 274 CHESTNUT STREET
b.City/Town NORTHANDOVER
d. Assessors Map/Plat# 60
f Latitude 42.67252N
6. Property recorded at the Registry of Deed for:
a. County b. Certificate
NORTHERN ESSEX
b. r— Amended OOC
b. Last Name FOULDS
MA
b. Last Name
f. State
MA
c. Zip Code
e. Parcel/Lot#
g. Longitude
c. Book
7226
g. Zip Code 01983
FOULDS
g. Zip Code 01845
d. Page
45
01845
101
71.11298W
7.Dates
a. Date NOI Filed: 8/12/2011 b. Date Public Hearing Closed: 9/14/2011 c. Date Of Issuance: 9/15/2011
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by:
PLAN OF LAND IN THENEVE-MORIN
NORTH ANDOVER, GROUP, INC.
MASS.
c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
JOHN M. MORIN, P.E.
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
August 29, 2011 I"=20'
Page I of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
ureau of Resource Protection - Wetlands MassDEP File #:242-1529
MTPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town:NORTH ANDOVER
Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. ro- Public Water Supply b. r- Land Containing'Shellfish c. F, Prevention of Pollution
d. F7 Private Water Supply e. F Fisheries f F, Protection of Wildlife Habitat
g. F, Ground Water Supply h. F Storm Damage Prevention i. F, Flood Control
2. Commission hereby firids the project as proposed, is:
Approved subject to:
a. F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent these conditions shall control.
Denied because:
b. r- The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act and a final Order of Conditions is issued. A description of the perform imce standards
which the proposed work cannot meet is attached to this Order.
c. r- The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests
identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r- Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMRIO.02(t)(a).
a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area
Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
4. r- Bank
a. linear feet
b. linear Te—et
c. linear feet
d. linear feet
5. FT Bordering Vegetated Wetland
0
0
0
a. square feet
b. square feet
c. square feet
d. square feet
6. F_ Land under Waterbodies and Waterways
a. square feet
b. square feet
c. square feet
d. square Te—et
e. c/y dredged f c/y dredged
7. F Bordering Land Subject to Flooding
a. square feet b. square feet c. square feet d. square ie—et
Page 2 of 10 * ELECTRONIC COPY
9 f
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File 4:242-1529
MTA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town-NORTH ANDOVER
Cubic Feet Flood Storage
e. cubic feet f cubic feet g. cubic feet h. cubic feet
8. r" Isolated Land Subject to Flooding
a. square feet b. square feet
Cubic Feet Flood Storage
9. F- Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
Coastal Resource Area Impacts:
Resource Area
10. r- Designated Port Areas
11. r.- Land Under the Ocean
12. F Barrier Beaches
13. F.- Coastal Beaches
14. F Coastal Dunes
15. r- Coastal Banks
16. r- Rocky Intertidal Shores
17. r Salt Marshes
18. r- Land Under Salt Ponds
19. r7 Land Containing Shellfish
c. cubic feet
d. cubic feet
a. total sq. feet
b. total sq. feet
c. square feet
d. square feet
g. square feet
h. square feet
e. cubic feet f cubic feet
e. square feet
i. square feet
f square feet
j. square feet
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Indicate size under Land Under the Ocean, below
T —square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
�. —square feet T-s—quare feet c. cly nourishment d. c/y nourishment
7 —square feet Tsq—uare feet c. cly nourishment d. c/y nourishment
7 —linear feet b. linear feet
—square feet b. square feet
—square feet K—s—quare feet c. square feet d. square feet
a. square fe b. square feet
c. c/y dredged d. c/y dredged
feet �--square feet c. square feet d. square feet
Page 3 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
20. F- Fish Runs
2 1. r Land Subject to Coastal Storm Flowage
22.
F Restoration/Enhancement (For Approvals Only)
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. c/y dredged
a. square fee b. square feet
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c & d or B. 17.c & d above, please entered the additional amount here.
1560
a. square feet of BVW
23.
b. square feet of Salt Marsh
F Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
I . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,
Page 4 of 10 * ELECTRONIC COPY
LllMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #416028
� Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town-NORTH ANDOVER
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 tharithree square feet in size bearing the words,
Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number: "242-1529"
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 DER
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 fWly 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:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town:NORTH ANDOVER
Standard 10; iv. 0 post- construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in
proper working condition; v. any vegetation associated with post- construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for
implementing the stotmwater 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-Scctor 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 perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater 13MPs in accordance with the design plans, the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 3 10 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.
Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
stormwater BMPs shall include access gates and shal I be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File 4:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town-NORTH ANDOVER
Page 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town-NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance, unless otherwise specified —�t - I C-�- — I (
pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form. This Order must be signed by
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 b" c-m"ailed
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.
7 Signatures:
A), )A—A 1-4- AAA I
r— by hand delivery on
Date
F. Appeals
�Ay certified mail, return receipt requested, on
— ? - / -s - / /
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
3 10 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 ifhe/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. 13 1, § 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 Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
VVPA Form 5 - Order of Conditions eDEP Transaction #:416028
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §4 0 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? rT Yes r- No
2. The Conservation Commission hereby(check one that applies):
a. r- DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1. Municipal Ordinance or Bylaw
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to
comply with a municipal ordinance or bylaw:
b. F APPROVES the proposed work, subject to the following
additional conditions.
NORTH ANDOVER
1. Municipal Ordinance or Bylaw WETLANDS
PROTECTION
BYLAW
2. Citation CHAPTER 178
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
LAIMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1529
WPA Form 5 - Order of Conditions eDEP Transaction #:416028
, Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town-.NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
............................................... I ..........................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
274 CHESTNUT STREET
Project Location
Has been recorded at the Registry of Deeds of -
County Book
for
Property Owner BRYAN FOULDS
and has been noted in the chain of title of the affected property in:
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
Signature of Applicant
242 -1529
MassDEP File Number
Page
Page
Rev. 4/1/2010
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 - 1529
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: After the fact approval of a sport court on cement slab
within 100 feet of a Bordering Vegetated Wetland and Bank of Intermittent Stream.
Wetland and buffer zone restoration is also part of the proposal.
21. The work shall conform to the following:
Applicant & Property Owner: Bryan Foulds
274 Chestnut Street
North Andover, MA 01845
Notice of Intent Prepared by: Greg Hochmuth
The Neve -Morin Group, Inc.
447 Boston Street
Topsfield, MA 01983
Dated: August 9, 2011
Site Plans prepared by: The Neve -Morin Group, Inc.
Titled: Plan of land in North Andover, Mass.
Showing Existing Site Conditions 274 Chestnut Street
Dated: August 9, 2011
Revised: August 29, 2011
Stamped by: John M. Morin, P.E.
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.
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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 Enviroru-nental 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.
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 leasi jhLrty
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 le ally advertised
9 ,
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland and Bank of Intermittent Stream. 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 this resource
area to the identified interests.
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33. The NACC agrees with the applicant's delineation of the wetland resource area (Flags
WT100-WF110) as shown on the plan dated and referenced herein.
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 fifty foot (50) No -Construction Zone shall be established from the edge of the adjacent
wetland resource area as depicted on the record plan referenced herein except as follows:
140 s.f. of Sports Court in the No -Build Zone. 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.
35. The NACC finds the applicant's proposal for restoration of 1,560 s.f of Bordering
Vegetated Wetland (BVW) and 1,800 s.f. of the 25" No -Disturbance Zone to be adequate.
The restoration shall be completed in accordance with the planting plan detailed on the
plan of record. The area shall be monitored for two growing seasons to ensure its success
in accordance with the approved Restoration Construction Sequence. The success of the
restoration areas shall be based on Section 6.1 of the North Andover Wetland Protection
Regulations requiring 75% of the surface area to be established with native wetland plant
species within two growing seasons.
36. 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 pern-dts; 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.
37. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. 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
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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.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1529".
41. A Lay changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. 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.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the construction of
restoration areas, installation of sedimentation/ erosion control devices and re -vegetation
to be completed following construction. Approval of the phasing plan is required prior to
construction.
44. 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 erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
be checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
45. Trenched silt fence or other erosion control approved by the Conservation Department
shall be placed between the buffer zone restoration area and wetlands. The erosion
control barrier will be properly installed and placed at the direction of the NACC or its
agent and shall be inspected and approved by the NACC or its agent prior to the start of
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construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the direction of
the NACC or its agent. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site erosion, or
any noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown on
the plan(s) referenced in this Order of Conditions. Should such installation be required
by the NACC, they shall be installed within 48 hours of the Commission's request.
46. A check payable to the Town of North Andover shall be provided in the amount of $1,000
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
47. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
48. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized, the applicant shall submit a written
report from the "Erosion Control Monitor" to the NACC certifying that, to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/ erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation, turbidity, and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain
stable, and erosion controls are adequate and secure.
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49. Prior to construction, the applicant shall place wetland markers along the newly
reconstructed fence that occurs along the new No -Disturb Zone with a minimum of six (6)
wetland markers spaced evenly every 25 feet incorporating the following text: "Protected
Wetland Resource Area" and the associated rules (4 round and 2 square). 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.
The markers shall remain posted and be replaced as necessary in perpetuity. Markers
may be obtained from the North Andover Conservation Department ($2 round (standard
marker)/$3 square (rules)).
50. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via ""Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
51. 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, wetland
scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre -construction meeting (e.g.
72 hours).
11STORMWATER MANAGEMENT CONDITIONS
52. 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, unless specifically approved in writing by the
Commission.
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53. Water quality in down gradient BVWs 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.
DURING CONSTRUCTION
J
54. Upon beginning work, the applicant shall submit written monthly progress detailing
what work has been done in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction sequence.
55. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
56. Erosion control devices shall be inspected regularly; any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas; silt fence
and hay bales shall be replaced as necessary. The areas of construction shall remain in
stable condition at the close of each construction day. All erosion controls shall be in
place throughout the duration of any construction on site or unless authorized by the
Conservation personnel.
57. 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 Commissi6n for approval, which
provides for the pumped water to be contained in a settling basin, to reduce turbidity
prior to discharge into a resource area.
58. 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.
59. 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 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.
60. 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.
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61. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
62. There shall be no stockpiling of soil or other materials within 50 feet of any resource
area. Soils or other materials shall be stockpiled in locations approved by this
department or within the designated areas as shown on the approved plan referenced
herein. Erosion controls shall be placed between resource areas and the stockpile.
63. 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 at the preconstruction meeting.
64. 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.
65. 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.
I MAFTER- CONSTRUCTION
66. 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.
67. 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.
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68. 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.
69. 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.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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.
71. 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 # 242-1529. Future Work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 (page 15) of the Regulations for performance standards
within these zones) 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 #49);
);, Discharge or spillage of pollutants (Condition #65);
)�, Prohibition of underground fuels (Condition #66);
> Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#67).
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APPENDIX A - AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the -of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this — day of _ 19 -
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions — are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this — day of 19
(Signature - authorized agent of applicant or owner)
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