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Home My WebLink AboutMiscellaneous - 284 SALEM STREET 4/30/2018 (4)D C -n Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information il. This Certificate of Compliance is issued to: David W. Palmer Name 284 Salem Street Mailing Address North Andover Cityfrown MA. State DEP File Number: 242-1257 Provided by DEP 01845 Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: David W. Palmer Name 7/14/04 Dated 3. The project site is located at: 284 Salem Street Street Address Map 37D Assessors Map/Plat Number 242-1257 DEP File Number North Andover CityfTown Parcel 39 Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex North County Certificate Instrument # 40792 Book 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/6/06 Date B. Certification Check all that apply: wpaform 8b.doc - rev. 7/13/04 Page Z Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: Page 1 of 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 242-1257 WPA Form 8B — Certificate of Compliance DEP File Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) E] 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 74 C. Authoriza—tion Issued by: North Andover C-onservarion Commission IdIlA 106 — Date of Issuafice This Certificate must be signed by a majority of the Conservation Commission a py sent to the applicant and appropriate DEP Region I Office (See Attachment). Signatures: -,-.) 1 7 N__ nJ 0. wpaform 8b.doc - rev. 7/13/04 Page 2 of 4 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate Of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 U. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day Of 0 ("to � a4 - Month before me, the undersigned Notary Public, personally appeared -:S-tVf+- N --6 �s 0 -- Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License uescription or evidence of identification DEP File Number: 242-1257 MOVICIeU Dy Uti- peb Year to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of L DOW M. WMGJE NVARY PuBuc 6 IF SACHUSETTS 'OS7 It Ug 7 , 2009 COMMOOMTH OF MASSACHUSETTS I�qj MYCOMM-EVIIWAug.7,2009 -F Place notary seal and/or any stamp above North Andover CityfTown Conservation Commission Signature of Notary Public D-017-o'y /V� �� — Printed Name of Notary Public I — My Comrfiission xpires (Date) Si4xiature of Notary Public ?. wpaform 8b.doc - rev. 7/13/04 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate Of Compliance 242-1257 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 il 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 f, ------- -- - I " Please be advised that the Certificate of Compliance for the project at: Project Location 242-1257 DEP File Number Has been recorded at the Registry of Deeds of: County for: and has been noted in the chain of title of the affected property on: Date - Book If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies +this transaction is: Document Number Signature of Applicant Page wpaform 8b.doc - rev. 7/13/04 Page 4 of 4 Massachusetts Department of Environment all Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Mail transmittal forms and DEP payments, payable to: commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringharn 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone: 413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax: 413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Cheshire Granby Wilbraham Levereft Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield chesterfield Great Barrington Longmeadow Williamstown Chicopee Palmer Stockbridge Windsor Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury 627 Main Street Ashbumham Clinton Hubbardston Miliville Rutland Uxbridge Worcester, MA 01608 Ashby Athol Douglas Dudley Hudson New Braintree Shirley Shrewsbury Warren Webster Phone: 508-792-7650 Auburn Dunstable Holliston Lancaster Northborough Southborough Westborough Fax: 508-792-7621 Ayer East Brookfield Leicester Northbridge North Brookfield Southbridge West Boylston TDD: 508-767-2788 Barre Bellingham Fitchburg Leominster Oakharn Spencer Sterling West Brookfield Brewster Bridgewater Gardner Littleton Oxford Stow Westford Berlin Blackstone Grafton Groton Lunenburg Marlborough Paxton Pepperell Sturbridge Westminster Winchendon Bolton Harvard Maynard Petersham Sutton Templeton Worcester Boxborough Boylston Hardwick Holden Medway Phillipston Townsend Brookfield Hopedale Mendon Milford Princeton Royalston Tyngsborough DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Provincetown Tisbury Lakeville, MA 02347 Attleboro Avon Dighton Gosnofd Nantucket Raynham Rehoboth Truro Phone: 508-946-2700 B Duxbury Eastharn Halifax Hanover New Bedford Rochester Wareham Wellfleet Fax: 508-947-6557 Barnstable erkley East Bridgewater Hanson North Attleborough Norton Rockland West Bridgewater TDD: 508-946-2795 Bourne Easton Harwich Norwell Sandwich Scituate Westport Brewster Bridgewater Edgartown Fairhaven Kingston Oak Bluffs Seekonk West Tisbury Whitman Brockton Fall River Lakeville Mansfield Orleans Pembroke Sharon Wrentham Carver Chatham Falmouth Marion Plainville Somerset Stoughton Yarmouth Chilmark Foxborough Franklin Marshfield Plymouth Swansea Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac 1 Winter Street Andover Cheisea Holbrook Methuen Quincy Wakefield Boston, MA 02108 Arlington Ashland Cohasset Hull Middleton Randolph Reading Walpole Phone: 617-654-6500 Bedford Concord Danvers Ipswich Lawrence Millis Revere Waltham Watertown Fax: 617-556-1049 Belmont Dedham Lexington Milton Nahant Rockport Wayland TDD: 617-574-6868 Beverly Dover Lincoln Natick Rowley Salem Wellesley Billerica Boston Dracut Essex Lowell Lynn Needham Salisbury Wenham West Newbury Boxford Everett Lynnfield Newbury Newburyport Saugus Sherborn Weston Braintree Brookline Framingham Georgetown Malden Manchester Newton Somerville Westwood Weymouth Burlington Gloucester -By -The -Sea Marblehead Norfolk Stoneham Wilmington Cambridoe r,)ve. la�d Medfield North Andover Sudbury Winchester Canton Hamilton Medford Nor 1, Reading Norwood S'wampscott Winthrop Carlisle Haverhill Melrose Peabody Tewksbury Ziburn Topsfield wPaform8b.doc - DEP Addresses -rev. 10/10/06 Page 1 of 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 01'-� VSLIL4 A. General Information DEP File Number: 242-1257 From: North Andover . . 1. Conservation Commission 2. This issuance is for (check one): Z Order of Conditions E] Amended Order of Conditions 3. To: Applicant: David a. First Name 284 Salem Street Palmer b. Last Name d. Mailing Address North Andover e. CityfTown 4. Property Owner (if different from applicant): c. Company MA. f. State 01845 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address f. State g. Zip Code e. Cityrrown 5. Project Location: 284 Salem Street North Andover a. Street Address b. City/Town Map 37D Lot 39 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 5808 313 c. Book d. Page 7. Dates: 5/28/04 6/23/04 7/14/04 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approvbd Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany Notice of Intent- (Sheet 1)/ Construction Details (Sheet 2). a. Plan Title Bradley C. McKenzie Bradley C McKenzie, P. E. b. Prepared By c. Signed and Stamped by 6/1/04 11. = 10fl d. Final Revision Date e. Scale See attached T. Additional Plan or Document Title 9. Total WPA Fee Paid: $82.50 a. Total Fee Paid b. State Fee Paid g. Date c. City/Town Fee Paid wpaform5.doc - rev. 7/14/04 Page 1 of 8 T Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1257 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. Z Public Water Supply b. [J Land Containing Shellfish c. Z Prevention of Pollution d. Z Private Water Supply e. [:] Fisheries f. Z Protection of Wildlife Habitat g. Z Groundwater Supply h. Z Storm Damage Prevention i. Z Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: Z the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: [—] the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. n the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below.'(For Approvals Only) Resource Area Proposed Alteration 3. F1 Bank a. linear feet 4. 0 Bordering Vegetated Wetland a. square feet 5. E] Land Under a. square feet Waterbodies and Waterways e. cu.yd dredged Permitted Proposed Permitted Alteration Replacement Replacement i). onear Teet c. linear teet d. linear feet b. square feet c. square feet d. square feet b. square feet c. square feet d. square feet i� cu.ya areagea wpaform5.doc - rev. 6/9/04 Page 2 of 8 k I L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands'Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1257 B. Findings (cont.) c. cubic feet d. cubic feet e. cubic feet 8. Z Riverfront area Resource'Area Proposed Permitted Proposed b. total sq. feet Alteration Alteration Replacement 6. E] Bordering Land Subject c. square feet d. square feet Sq ft betw6en 100-200 ft to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Storage e. cubic feet f. cubic feet g. cubic feet 7. F� Isolated Land Subject io. F-1 Land Under the to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. Z Riverfront area 2,994 2,994 16. a. total sq. feet b. total sq. feet Sq ft within 100 ft 1,817 1,817 c. square feet d. square feet Sq ft betw6en 100-200 ft 1,777 1,777 e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. E] Designated Port Areas Indicate size under Land Under the Ocean, below io. F-1 Land Under the Ocean a. square feet b. square feet 11. EJ Barrier Beaches 12. F� Coastal Beaches 13. F-� Coastal Dunes 14. Coastal Banks 15. Rocky Intertidal Shores 16. Salt Marshes 17. F-1 Land Under Salt Ponds 18. Land Containing Shellfish 19. Fish Runs 20. F� Land Subject to Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet �Ynou(�ishmt. d. c/Y nourishrnt. a. square feet b. square feet c. c/y nourish—mt. d. c/y nourishrnt a. linear feet b. linear feet a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged a. square feet b. square feet c. square—feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet wpaforrn5.doc - rev. 7/14/04 Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1257 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more t , han three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall cont ain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Numbe. 242-1257 wpaform5.doc - rev. 7/14/04 Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlainds WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1257 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require t he 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. If you need more space for additional conditions, select box to attach a text document 0 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17.- All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions: See attached wpaform5.doc - rev. 7/14/04 Page 5 of 8 DEP FILE # 242 - 1257 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 modffy or differ from the plans, specifications or other proposals submitted with the Notice of IWnt, the conditions shall control. GENERAL CONMIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for, one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). C:\Win%vmd\OOC\242-1257294Salemst.doc NACC 7/22/04 DEP FILE # 242 - 1257 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department 25. This Order of Conditions is issued under File No. 242-1257. A previous Order of Conditions was issued under 242-1105 and was still valid upon issuance of this Order. However, issuance of this Order Supercedes 242- 1105 in its entirety. 26-. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced ' in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a revised driveway layout, stormwater infiltration system, deck layout, fence location, front walkway and the construction of a rear walkway, versalock retaining wall, associated grading and landscaping, and a buffer zone enhancement area within the buffer zone to a bordering vegetated wetland and within Riverf-ront area. Proposed activities are also within the Watershed Protection Distria THE NORTH ANDOVER CONSERVATION COMMISSION DENIES THE FOLLOWING PROPOSED WORK: The Extension of the Brick Pavers to provide snow Storage area as depicted on the Plan entitled "FIGURE -1 - Sketch Showing Brick Pavers Extended (to) Proposed Wall to Provide a Snow Storage Area" No date. C:\Winword\OOC\242-1257284Salemst.doc 2 NACC 7/26/04 DEP FILE # 242 - 1257 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: David Palmer (Applicant) 284 Salem Street North Andover, MA 01845 Prepared by: Rimmer Environmental Consulting, LLC 21 Pine Island Road Newbury, MA 01951 Dated May 28,2004 Site Plans prepared by: McKensie Engineering Group, Inc. 1% Central Street Saugus, MA 01906 Entitled "'Plan to Accompany Notice of Intent" Sheet 1, Dated March 24, 2004, last revised 6/1/04 & "Construction Details" - Sheet 2, Dated August 12, 2003 Supplemental Notice of Intent Information: Appendix 2 - North Andover Conservation Commi sion Waiver Request Form; Alternatives Analysis for No-Disturbance/No- Build Zones and Riverfront Area Additional Documents and Reports: Drainage Calculations for Residential Landscaping Improvements at 284 Salem Street North Andover, Massachusetts, dated June 1, 2004, prepared by McKensie Engineering Group, Inc.; "Figure 1 - Sketch showing Test Pit Locations" with data sheets, prepared by McKensie Engineering Group, Inc.; Division of Fisheries & Wildlife letter dated June 23, 2004. 30. The following wetland resource areas are affected by the proposed work: 100 -foot Buffer Zone, 50 -foot No -Build Zone, 25 -foot No Disturbance Zone of a Bordering Vegetated Wetland (BVW), 100 -foot Buffer Zone of Inland Bank, and 200 -foot Riverfiront area. 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. C:\Winword\OOC\242-1257294Salemst.doc 3 NACC 7/22/04 DEP FHE # 242 - 1257 31. The NACC agrees with the applicanf s delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (S(Y) No -Construction Zone shall be established from the edge of the adjacent wetland resource area except in those approved locations as depicted on the plan and specified in this Order. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. As shown on the record plans and specified in the table entitled "Proposed Buffer Zone enhancement Plantings". shrubs shall be planted along the wetland edge and within the 25 -foot No -Disturbance Zone as part of the buffer zone restoration plan. 34. 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. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any . damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if C:\WmwordXOOCU42-1257284Salemst.doc 4 NACC 7/22/04' DEP FIELE # 242 - 1257 accepted by the Town as part of a public way, becomes the responsibility of the Town. 37. The NACC finds the applicant's proposal for 750 sq. ft. of buffer zone wetland restoration/enhancement to be adequate. The restoration areas shall be constructed in accordance with the proposed buffer zone enhancement list as shown on the approved plans. The enhancement planting area shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section 5.3 (page 28) of the local Regulations for performance standards). However, if any time during or after construction, additional resource areas are found to be disturbed above and beyond what was approved under this Order, the NACC and/or it's agent has the right to require additional mitigation measures. 38. The buffer zone restoration area shall be monitored by a qualified wetland biologist/specialist for two growing seasons and monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season, or at any time within the 2 -yr growing season period, it has been determined that a 75% success rate has not been achieved, the NACC shall require additional mitigative measures (i.e - replacement plantings). 39. 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 CONsTRucriON 40. 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. 41. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation C:\Wixmrd\OOC\242-.12572848alemst.doe NACC 7/22/04 DEP FILE # 242 - 1257 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. 42. 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 242-1257." 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval a 20 - scale plan of the proposed buffer zone enhancement planting area depicting the correct total number of plantings spaced S' on - center to be approved by the Conservation Admini trator. 44. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditioins. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 45. 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. 46. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re -vegetation to be completed before other work begins on-site. 47. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed C:\Winwor&OOC\242-12572848alemst.doc 6 NACC 7/22/04 DEP FILE # 242 - 1257 by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 48. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within .48 hours of the Commission�s request Additional erosion controls (haybales & trenched silt fence) shall. be placed along the westerly 25' No -disturbance Zone extending from the enhancement area to the chimney so to adequately protect the resource area from the proposed grading activities immediately upgradient. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpihn& a minimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 50. A check payable to the Town of North Andover shall be provided in the amount of $5,000, 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 NACCs review and approval. This condition is issued under the authority of the local ByLaw. C:\Winword\OOC\242-1257284Salemst.doc 7 NACC 7/22/0-4 DEP FILE # 242 - 1257 51. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. In addition, the erosion control monitor shall be on site during the construction of the retaining wall and shall update the Administrator on a day-to-day basis as to ensure that the resource area is being adequately protected in this location. 52. Prior to construction, the applicant shall, permanently mark the edge of the "25' No -Disturbance Zonefiimit of disturbance" with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Office for $2 each and 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 53. 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 C:\Winword\OOC\242-1257294Salcmstdoc � 8 NACC 7/22/04 a DEP FILE # 242 - 1257 Conservation Department at least five (5) business days prior to the closing of said land transaction. 54. Once these above mentioned pre-conshuction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 55. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 56. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Written evidence of maintenance of �-the stormwater management system shall be provided to the NACC on an ,�Axnual basis by a Registered Professional Civil Engineer for a period of two '�I) years from the date said structures go "on-line. 57. Water quality in down gradient BVW's 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. 58. 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 C:\Winwor&OOC\242-1257284Salemst.doc NACC 7/22/04 I a DEP FILLE # 242 - 1257 of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over thenext period. This will update the construction sequence. 60. De -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. De -watering activities shall be conducted as authorized and approved by the Conservation Administrator and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Welland ByLaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 62. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 63. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 64. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. C:\Winword\OOC\242-1257294Salemst.doe 10 NACC 7/22/04 T # DEP FHE # 242 - 1257 66. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area, There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpster's will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project 68. 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 refuelin& equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AF1rER CONSTRUCIRON 69. 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 Towds Wetland protection ByLaw. 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low - nitrogen types (< A), 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. 71. Upon completion of construction and gradin& all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 72. Upon the Issuance of a Certificate of Compliance or 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. C:\Winword\OOCk242-1257294Salemst.doc 11 NACC 7/22/04 0 P DEP FHE # 242 - 1257 73. 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 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. A written statement from a Professional Wetland Scientist certifying that the buffer zone restoration areas are functioning as intended by this Order of Conditions and in compliance with the local wetland protection bylaw and regulations for at least two full growing seasons. j. An "As-Builr plan prepared and signed and stamped by a Registered Professional Civil Engineer 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 an 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. C:kWinwordkOOC\242-1257294Salemst.doc 12 NACC 7/22/04 k P DEP MILE # 242 - 1257 A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. )0- Location of all subsurface utilities entering the property. 74. 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 # 242-1257. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; Discharge or spillage of pollutants (Condition # 68); > Prohibition of underground fuels (Condition # 69); > Limitations on the use of fertilizers, herbicides, and pesticides (Conditions # 70). C:\Winword\OOC\242-1257284Salemst.doc 13 NACC 7/22/04 I or DEP MILE # 242 - 1257 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�-- 1 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 (Signature - authorized agent of applicant or owner) C:\Winword\OOC\242-1257284Salem.st.doc 14 NACC 7/22/04 I IF Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1257 D. Findings Under Municipal Wetlands Bylaw or Ordinance. 1. Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission 2. R that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 3. Z that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice,of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 7/14/04 1. Date of issuance 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 OAice, if not filing electronically (see Appendix A), and the property owner, if different from applicant. J I . . I Signatur s: Page 6 of 8 I 'if Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of On this Day I q of Essex North DEP File Number: 242-1257 200 Y Month Year Before me, the undersigned Notary Public, personally appeared .5',� o 4- �- 1&q S_S e Inh Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Place notary seal and/or any stamp above This Order is issued to the applicant as follows: EJ by hand delivery on 3, k4�4�' ---- -Jig—nature of Notary Public 61 - D4/7/7ft P7, Printed Name of Notary Public DONNAKWENE NOTARY PUBLIC My commiss (OMPAVFATH OF WUMMM My Comm Evka Aug. 7, g20009 M by certified mail, return receipt requested, 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 residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to th e Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc - rev. 7/14/04 Page 7 of 8 "1 4 W, L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information DEP File Number: 242-1257 This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1257 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc - rev. 7114/04 Page 8 of 8