HomeMy WebLinkAboutMiscellaneous - 29 ANNE ROAD 4/30/2018 (3)309
WGIE File No. 242-339
(To be provided by DECIE)
:)rth Andoy-ex--JIVI
CityrTown
Commonwealth ano R�al st,
Of Massachusetts ApplicRnt
Order of Conditions
ds Protection Act
M6ssachusetts Wetlan
c. 131 §40.
and' under the T . own -of North Andove-r Bylaw, Chapter 3.5-A & B..
ation CoTm�sio�n�����
I A - A rnnsery
To Paisano Realty_Trust
(Name of Applicant)
436 South�Un;Lon Ste,
A
Ad d r e s s
Albert & Gloria KnueDf-er
IN erty owner)
ge%y Prop
370 Sa # MA 01845
North Andovert
Address
eliveredasfollOws:
This Order Ir
issued and d (date)
C3 Jby hand d . elivery to applicant or representative on
r (date)
91 by certified mall, . return receipt requested on
Anne Road of f Saleni -Street Sider'L—Plar-P—
This project is located a
North Essex
The property is recorded at the RegistrY Of
393
939 Page—_-Z-1-::�.
Book ----
Certificate (if registered).
-2/21/86. (date)
The Notice of Intent for this project was filed on
3/19/86 (date)
The public hearing was ciosed on
Findings va tion Com. has reviewed the above -referenced Notice of
Nort;h Andover Conser 'the'information available to the
The '. Based or
a public'hearing on the project has determined that
.Intent and plans and has held e NACC
NACC at this time, th o the I;bllowing interests in accordance with
the area on which the proposed work is to be done is significant t
gulations for.each X?rala Subject to Protection Under the
the Presumptions of Significance set forth in the re
Act (check as appropriate): -vention
rm damage prL
Public water supply Prevention of pollution
Private wat . er supply, 0' Land containing shellfish
Groun . d wat6r su.PP.] . Y Fisheries
Flood control. -
A — 1%
ILIMassachusetts Department of Environmental Protection
ur au of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
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.
06D
A. Project Information
1. This Certificate of Compliance is issued to:
4
Robert Duffy
Name
P. 0. Box 221
DEP File Number:
9A9 -19 -'AR
r-1Uv1UVU L)y LJL--r
Mailing Address
Pride Crossing
MA 01965
City/Town
State Zip Code
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Robert & Anne Duffy
Name
April 21, 2004
242-1238
Dated
DEP File Number
3. The project site is located at:
29 Anne Road
Street Address
Map 37B
Assessors Map/Plat Number
North Andover
City/Town
Parcel 67
Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex North
County
R7Qr% A7
UVVN r-.Ivr
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
8/10/11
wpafrm8b.doc - rev. 12/23109
Date
WPA Form 8B, Certificate of Compliance - Page I of 3
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1238
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:
El 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.
Z Ongoing Conditions: The following conditions of the Order shall continue:
(include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
65
C. Authorization
Issued by:
North Andover
Conservation Commission
wpafrm8b.doc - rev. 12123/09
Date of4ssuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/deplabout/region/findyour.htm).
Signatures:
lona 4
------------
WPA Form 813, Certificate of Compliance - Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1238
L, i 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.
t6-: ----------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
29 Anne Road
Project Location
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
242-1238
DEP File Number
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. 12/23109
Document Number
Signature of Applicant
WPA Form 8B, Certificate of Compliance - Page 3 of 3
CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
29 Anne Road, North Andover
At the July 13, 2011 public hearing the North Andover Conservation Commission (NACC) voted to issue a
minor modification (after the fact) to DEP File #242-1238. The Modification shaft conform to the plans
and documents referenced below.
Applicant: Robert & Elizabeth Duffy
29 Anne Road
North Andover, MA
Record Plans: Plan to Accompany Modification to Order of Conditions in North Andover, MA
0 1845, prepared for Robert Duffy, 29 Anne Road.
Prepared by: Merrimack Engineering Services
66 Park Street
Stamped by: Vladimir L. Nemchenok
Dated: June 23,2011
Revised: July 6, 2011
Other Record Documents: Infiltration System Drainage Calculations
Prepared by: Merrimack Engineering Services, Inc.
Dated: June 23, 2011 — (stamped received July 7, 2011)
Approved Modifications
Changes to the proposed plan include construction of a boulder retaining wall and associated grading changes,
construction of a settee wall, and additional patio and cabana roof areas.
As mi'tigation for these after the fact changes to the plan, the NACC requires the removal of a portion of the patio
which is currently located within the 50 -foot No Build Zone and infiltration of the entire roof area associated with
the cabana with the installation of gutters and necessary trenching to route the roof runoff from the cabana 'into an
existing infiltration system.
Additional Conditions
All disturbed areas shall be immediately stabilized with sod.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://-v"vxv.to-vvnofnorthandover.com/Pages/NAndo-,,erN4A—Conservation/index
U
VkORTH
0
0
#
CONSERVATION DEPARTMENT
(ommunity Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: iq o � Axowe 7) o
.29 14WAje, ea4d
N6ka,2�;� A21-jdjveV-, n114- LjjTqs'-
as a Modification to the Order of Conditions issued in File 242-) a IF dated Y
recorded in Book 017 9k and page 47 — �Lllo and
qSERVATION COMMISSION:
-0 '064-6 of Jo -/ .2ell before me personally appeared Louis Napoli to me
day
m6n'th/yr
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public
wrMYPUBW
COMMOMEMN OF MAMACHUSMS
MYCMME*WJU�15,2016
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com
1 9
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
retu m key.
A. General Information
From:
-North Andover
uonservation commission ,
This issuance if for (check one):
Z Order of Conditions
[] Amended Order of Conditions
To: Applicant:
Robert & Elizabeth Duffy
Name
29 Anne Road
Mailing Address
North Andover MA. 01845
DEP File Number:
n- A-
Property Owner (if different from applicant):
Same
Name
Mailing Address
(from Appendix B: Wetland Fee Transmittal Form)
Wpaform5.doc - rev. 12/15/00 Page I of 7
Cityrrown State Zip Code
Cityrrown
State Zip Code
I .
Project Location:
29 Anne Road
North Andover
Street Address
City[Town
Map 37B
Parcel 67
Assessors Map/Plat Number
Parcel/Lot Number
2.
Property recorded at the Registry of Deeds for:
Essex North
6261
219
County
Book
Page
Certificate (if registered land)
3.
Dates:
3/11/04 4/14/04
4/21/04 -
Date Notice of Intent Filed Date Public Hearing Closed
Date of Issuance
4.
Final Approved Plans and Other Documents (attach
additional plan references as needed):
NOI
March 2004
Title
Date
Site Development Plan of Land
6/30/03 last
Title
revised 4/5/04
Swimming Pool, Duffy Residence
10/17/03 last
Title
revised 4/2/04
5.
Final Plans and Documents Signed and Stamped by:
Daniel Koravos, P. E.
Name
6.
Total Fee:
$55
(from Appendix B: Wetland Fee Transmittal Form)
Wpaform5.doc - rev. 12/15/00 Page I of 7
L11
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
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1238
Provided by DEP
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:
Z Public Water Supply
Z Private Water Supply
Z Groundwater Supply
F� Land Containing Shellfish
0 Fisheries
Z Storm Damage Prevention
Z Prevention of Pollution
a
Z Protection of Wildlife Habitat
Z Flood Control
Furthermore, 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, to protect those interests checked above. 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:
F� the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
F_� 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 CIVIR 10.05(6)(c).
General Conditions (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.
Wpaform5,doc - rev. 12/15/00 Page 2 of 7
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1238
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
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 Number 242-1238
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaform5.doc - rev. 12/15/00 Page 3 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1238
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
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.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover
Conservation Commission
hereby finds (check one that applies):
that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw 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.
Z that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
-North Andover Wetland Protection Bylaw Chapter 178
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform5.doc - rev. 12/15/00 Page 4 �f 7
DEP FILE # 242 - 1238
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
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 of the North Andover
Wetland Regulations).
C:\Winword\OOC\242-1238/29AnneRd.doc NACC 4/21/04
DEP FILE # 242 - 1238
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. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
26. The term "Applicant" as used in this Order of Conditions shall refer to the owner,
any successor in interest or successor in control of the property referenced in the
Notice of Intent, supporting documents and this Order of Conditions. The NACC
shall be notified in writing within 30 days of all transfers of title of any portion of
property that takes place prior to the issuance of a Certificate of Compliance.
27. The proposed work includes: Construction of an inground pool, associated patio,
walls, cabana, fencing, and grading and utilities within the buffer zone to a
bordering vegetated wetland.
28. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by:
Prepared by:
Robert & Elizabeth Duffy
29 Anne Road
North Andover, MA 01845
Dated March 2004
Merrimack Engineering Services, Inc.
66 Park Street
Andover, MA 01810
Site Plans Entitled: Site Development Plan of Land
Dated June 31, 2003, Last Revised 4-5-04
Stamped and signed by Daniel Koravos, P.E.
Prepared by:
Supplemental Landscaping Plans
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
C:\Winword\OOC\242-1238/29AnneRd.doc NACC 4/21/04
DEP FILE # 242 - 1238
Prepared by:
Additional record documents:
Frank Todd & Associates
303 Main Street, Box 326
Rowley, MA 01969
Entitled "Swimming Pool, Duffy Residence"
Dated 10/17/03, last Revised 4/02/2004
Stamped and signed by Frank P. Todd
Pool filter system description and
specifications — System: 3 Modular Media
Model #SSM450 by Sta-Rite.
29. The following wetland resource areas are affected by the proposed work: Buffer
zone to a bordering vegetated wetland. 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.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein. Off property wetland flags
9A, 10A, 11A, 12A, & 13A are not approved under this filing. These flags were
added to the record plan following wetland confirmation.
31. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause.further alteration of the wetland resource areas. In
order to prevent any alteration of wetland resource areas a twenty-five foot (25')
No -Disturbance Zone and a fifty -f oot (501 No -Construction Zone shall be
established from the edge of the adjacent wetland resource area. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive
these setbacks as established tinder the local bylaw. No disturbance of existing
grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 &
Appendix F of the local Regulations).
32. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,
subcontractors, and other personnel performing the permitting work are fully aware
of the permits terms and conditions. Thereafter, the contractor will be held jointly
liable for any violation of this Order resulting from failure to comply with its
conditions.
33. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form
of water damage.
C:\Winword\OOC\242-1238/29AnneRd;doc 3 NACC 4/21/04
DEP FILE # 242 - 1238
11 PRIOR TO CONSTRUCTION
34. No work shall be undertaken until all administrative ' appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
35. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the
Final Order has been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property.
In the case of recorded land, the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final Order shall also be noted
on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order
prior to commencement of the work. Any Order not recorded by the applicant
before work commences may be recorded by the NACC at the applicant's expense.
36. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1238.
37. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The proposed project
may be still under review by other local or state boards or agencies. This may result
in changes to the project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on a
project until written approval has been granted by the NACC.
38. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and
referenced documents before commencement of construction.
39. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
C:\Winword\OOC\242-1238/29AnneRd.doc 4 NACC 4/21/04
.DEP FILE # 242 - 1238
compensation and retention areas, installation of sedimentation/ erosion control
devices and re -vegetation to be completed before other work begins on-site.
40. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until a
Certificate of Compliance is issued so that erosion control measures can be properly
placed and wetland impacts can be monitored. The proposed limit of work shall be
shall be clearly marked and shall be confirmed by the NACC. Wetland flagging
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 the approved erosion control limit at any time.
41. 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. Said erosion controls 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.
42. The 50-f oot No -Construction boundary shall be staked and clearly marked by a
surveyor every 30 feet. The applicant shall be responsible for ensuring that the
hired contractor is fully aware of the 50 -foot No -construction setback.
43. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales
(or an equivalent amount of silt fence). Said bales shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
44. A check payable to the Town of North Andover shall be provided in the amount of
$2000, 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
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DEP FILE # 242 - 1238
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local ByLaw.
45. The applicant shall designate a 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 the event that this person
has to be contacted, due to an emergency at the site, during any 24-hour period,
including weekends. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. This
person shall be given the authority to stop construction for erosion control
purposes. The 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.
46. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" 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
apiece 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.
47. 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, statirig that said
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DEP FILE # 242 - 1238
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.
48. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction to 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 and all pre -construction conditions
have been satisfied. 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)
DURING CONSTRUCTION
49. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work
is anticipated to be done over the next period. This will update the construction
sequence.
50. Any de -watering activities anticipated for the pool excavation shall be supervised
and witnessed by the designated erosion control monitor. This designee must be
on-site while work specific to dewatering is complete. De -watering activities 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 Wetland 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.
51. 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
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0 1
DEP FILE # 242 - 1238
,lath , paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on
any of the foregoing.
52. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
53. 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.
54. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area. Soil materials shall be stockpiled in the location as depicted on
the approved plan unless otherwise approved by the Conservation Administrator.
55. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
56. Pool water shall not be discharged towards wetland resource areas. If discharging
is necessary, the applicant must install a drywell greater than 50 feet from the
wetland resource area to handle the discharged waters.
57. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource area.
There shall be no burying of spent construction materials or disposal of waste on the
site by any other means. The applicant shall maintain dumpsters (or other suitable
means) at the site for the storage and removal of such spent construction materials
off-site. However, no trash dumpsters will be allowed within 50' of areas subject
to protection under the Act or local ByLaw.
58. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
59. During and after work on this project, there shall be no discharge or spillage of fuel,
or other pollutants into any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored
within 100 feet of wetland resource areas, and no vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of a resource area.
11 AFTER CONSTRUCTION I
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DEP FILE # 242 - 1238
60. No underground storage of fuel oils shall be allowed on any lot within one -hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued
under the authority of the' Town's Wetland protection ByLaw.
61. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
62. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
either by loaming and seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative cover has been
achieved.
63. Upon complete stabilization of the site, erosion controls shall be removed and
disposed off properly. All unstabilized areas under the erosion controls shall be
seeded immediately.
64. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A — "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map /parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
i,. An "As -Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
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DEP FILE # 242 - 1238
> "As -Built" post -development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone, which is regulated as a resource area under the local Wetland
Protection Bylaw.
Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences, sheds,
stonewalls, pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes �Lny disturbance of soils or
vegetation.
65. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas. 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;
Pool waters shall not be discharged towards wetland resource areas
(Condition #56)
)�> Discharge or spillage of pollutants (Condition #59);
);;� Prohibition of underground fuels (Condition #60);
Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #61).
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NACC 4/21/04
1 6
DEP FILE # 242 - 1238
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
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. 1 am the
Wor
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
WEP 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.
WEP 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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NACC 4/21/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1238
LI I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4 from the date of issuance.
h"
Date"
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner (if differe
Sigi
On Iq
Day
before me personally appeared
1- 4!
Of A �) r j, I
Month afid Year
to me known to be the person described in and who executed the
acknow dged that he/she executed the same as his/her free act d D ARY G -
Ai*7-20
14otary Public My commi 0
This Order is issued to the applicant as follows:
E] by hand delivery on
Date
by certified mail, return receipt requested, on
V/9 I
Date
Wpaform5,doc - rev. 12115/00 Page 5 of 7
% 4
I Massachusetts Department of Environmental Protection
.L) J Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1238
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. 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 CIVIR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CIVIR 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.
D. 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 Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5:doc - rev. 12/15100 Page 6 of 7
4 L a
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1238
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
U. Recording Information (cont.)
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:
242-1238
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Wpaform5.doc - rev. 12/15/00 Page 7 of 7
a , A
L11Massachusetts Department of Environmental Pro tection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
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.
00----h
VSLII—b4i
A. Request Information
1. Person or party making request (if appropriate, namo the citizen group's representative):
Name
Mailing Address
City/Town
State
Zip Code
Phone Number Fax Number (if applicable)
Project Location
Mailing Address
Cityrrown State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1 . When the Departmental action request is for (check one):
F� Superseding Order of Conditions
[—] Superseding Determination of Applicability
E] Superseding Order of Resource Area Delineation
Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc - Appendix E - rev. 3/24/04 Page I of 2
" 4%
L11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform5.doc - Appendix E - rev. 3/24/04 Page 2 of 2