HomeMy WebLinkAboutMiscellaneous - 30 SPRING HILL ROAD 4/30/2018 (2) '`
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1217
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Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Jack& Lisa Kramer
computer, use
only the tab Name
key to move 30 Spring Hill Road
your cursor- Mailing Address
do not use the North Andover MA. 01845
return key. City/Town State
Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Jack & Lisa Kramer
Name
October 22, 2003 242-1217
Dated DEP File Number
3. The project site is located at:
30 Spring Hill Road North Andover
Street Address City/Town
Map 107A Parcel 232
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Same
Property Owner(if different)
Essex North 5754 31
County
Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
11/30/04
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7113104
Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-1217
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24Provided videdb
by DEP
B. Certification (cont.)
❑ 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 The Order of Conditions has lapsed and is therefore no
longer valid.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:
65
C. Authorization
Issued by:
North Andover – y —
Conservation Commission Date oklss4tince
This Certificate must be signed by a majority of the Conservation Commission cl-a p sent to the
applicant and appropriate DEP Regional Office (See Attachment).
Signature
���Ar"7"-,,-
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
1 Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1217
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Of -'p4 G e-l"&-r-
Day Month Year
before me, the undersigned Notary Public, personally appeared
,,SCO +4 M/IS S e
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
A20- L1'6e14s C-
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
I C P�
S,nature of Notary Public �-
DONNA M.WEDGE rinted Name of Notary Public
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS
My Comm.Expires Aug.7,2009
My mission Expires(Date)
Place notary seal and/or any stamp above !!!742,
S�gWature of Notary Public
wpaforin 8b.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1217
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.
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To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
242-1217
Project Location DEP File Number
Has been recorded at the Registry of.Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
nidentifiesi t nsac
If registered land, the document number which this ion is:transaction t
Document Number
Signature of Applicant
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Levered Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax: 508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.12/2/04 Page 1 of 1
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1217
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: From:
When filling
out forms.on North Andover
the computer, Conservation Commission I
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
i
reb To: Applicant: Property Owner(if different from applicant):
Lisa Kramer Same
Name Name
>ewn
30 Springhill Road
Mailing Address Mailing Address
North Andover MA. 01845
Citylrown State Zip Code City/Town State Zip Code
1. Project Location:
30 Springhill Road North Andover
Street Address City/Town
107A Parcel 232
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 5754 31
County Book Page
Certificate(if registered land)
3. Dates:
9/17/03 0 Zz v(3
Date Notice of Intent Filed Date Publi Hearin Closed Date of Iss ance .
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
NOI 9/17/03
Title Date
Plan of Land 9/8/03
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Frank S. Giles P. L. S.
Name
6. Total Fee:
$55.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15/00 Page 1 of 7
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Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
242-1217
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Findings
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:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, 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:
❑ 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.
❑ 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).
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1217
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.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
File Number 242-1217
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 242-1217
1 Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 hereby finds (check one that applies):
Conservation Commission
❑ 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.
® 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 of 7
DEP FILE#242 - 1217
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).
CAWinword\00C\242-1217.doc 1 NACC 10/23/03
DEP FILE#242 - 1217
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 and patio
within the buffer zone to an isolated 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: Lisa Kramer
30 Spring Hill Road
North Andover,MA 01845
Dated 9/15/03
Site Plans prepared by: Scott L. &Frank S. Giles Surveying
50 Deermeadow Road
North Andover,MA 01845
Plan of Land Location 30 Spring Entitled: . � P g Hill
Road,North Andover, MA 01845,
Dated Sept. 8, 2003
29. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Isolated Vegetated Wetland. These resource areas are
significant to the interests of the Act and Town ByLaw as noted above and
CAWinword\00C\242-1217.doc 2 NACC 10/23/03
DEP FILE#242 - 1217
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.
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 (251 No-Disturbance Zone and a fifty foot (50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in
the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
32. This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
33. The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commission's 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 accepted by the Town as part of a public way,
becomes the responsibility of the Town.
34.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.
CAWinword\00C\242-1217.doc 3 NACC 10/23/03
DEP FILE#242 - 1217
PRIOR TO CONSTRUCTION
35. 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.
36. 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.
37. 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 242-1217.
38. 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.
39. 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
CAWinword\00C\242-1217.doc 4 NACC 10/23/03
DEP FILE#242 - 1217 .
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of construction.
40.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.
41. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The proposed
limit of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete. Workers
should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this
line at any time. All flags used for the above purposes shall be of a color
different from other flagging used on the site.
42. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will
be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to
the start of construction and shall remain intact until 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.
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.
CAWinword\00C\242-1217.doc 5 NACC 10/23/03
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DEP FILE#242 - 1217
44. A check payable to the Town of North Andover shall be provided in the
amount of$1500 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project,provided
that provisions, satisfactory to the NACC,have been made for performance
of any conditions which are of continuing nature. The applicant may propose
a monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under
the authority of the local ByLaw.
45. The applicant shall designate a 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. 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
CAWinword\00C\242-1217.doc 6 NACC 10/23/03
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DEP FILE#242 - 1217
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.
47. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative, the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The
applicant or contractor shall notify the NACC in writing of the identity of the
on-site construction supervisor hired-to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
48. Encroachment into the 25' No-Disturbance Zone between wetland flags A4
and AS was identified in the field.The applicant must re-vegetate cleared
areas within the 25' No-Disturbance Zone prior to pool installation. The
limits of the 25' No-Disturbance Zone between flags A4 and A5 shall be
staked in the field. Plantings required in this area shall consist of four
highbush blueberry (Vaccinium corymbosum), and four chokeberry (Aronia
melanocarpa). Plantings shall be approximately 24" to 36" in height and
planted 5 feet apart.
DURING CONSTRUCTION
49. Upon beginning work, the applicant shall submit written progress reports
every week 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-
CAWinword\OOC\242-1217.doc 7 NACC 10/23/03
f 1
DEP FILE#242 - 1217
watering activities shall be monitored daily by the erosioncontrol 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 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.
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.
i
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.
CAWinword\OOC\242-1217.doc 8 NACC 10/23/03
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DEP FILE#242 - 1217
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 j
shall be notified by the applicant within one (1)business day. No
construction vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
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 SA—"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
CAWinword\00C\242-1217.doc 9 NACC 10/23/03
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DEP FILE#242 - 1217
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:
➢ "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 4
compliance. r
➢ "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.
➢ "As-Built" locations of all restored areas within the 25' buffer
zone.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to)septic systems, additions, fences,
sheds, stone walls,pools,retaining walls, subsurface utilities
and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes a_--X disturbance of
soils or vegetation. .
➢ Location of all subsurface utilities entering the property.
CAWinword\00C\242-1217.doc 10 NACC 10/23/03
j
DEP FILE#.242 - 1217
65. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations.approved under this filing. 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#59);
➢ Prohibition of underground fuels (Condition#60);
➢ Limitations on the use of fertilizers,herbicides and pesticides
(Conditions#61).
CAWinword\OOC\242-1217.doc 11 NACC 10/23/03
a � �
DEP FILE #242 - 1217
APPENDIX A -AFFIDAVIT
1 on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by . (DEP or NACC number)
the North Andover Conservation Commission.
&/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. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC\242-1217.doc 12 NACC 10/23/03
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1217
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 datp of issuance.
p Z 2-1d,3
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 a t be mailed or
hand delivered at the same time to the appropriate Department of Environme rotection Regional
Office(see Appendix A)and the property owner(if different from applican .
Signatures:
On Of IDAJ
Day Month
before me per ally appeared
I
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
0611-mea' 7 alA '?h Awv 9
Notary Public My Commission
This Order is issued to the applicant as follows:
❑ by hand delivery on U' oY certified mail, return receipt requested, on
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1217
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
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.12/15/00 Page 6 of 7
� � y
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
Ll WPA Form 5 - Order of Conditions 242-1217
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
j
D. 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:
li
p 242-1217
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:
j
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.12/15M Page 7 of 7
LlMassachusetts 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
A. Request.Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityrrown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
reb Project Location
�nnn
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):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ 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.10/7/03 Page 1 of 2
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.10/7/03 Page 2 of 2