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HomeMy WebLinkAboutMiscellaneous - 31 COURT STREET 4/30/2018 (4) �� O c 7� �� r� n2w W111111111 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the David & Patti Castricone computer, use Name only the tab key to move 31 Court Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 4:1 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: David & Patti Castricone Name e`er October 4, 2006 242-1367 Dated DEP File Number 3. The project site is located at: 31 Court Street North Andover Street Address City/Town Map 58 Parcel 29 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 10432 171 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/3/08 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.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of ComplianceMassachusetts Wetlands Protection Act M.G.L. c. 131 40 24v Provided b ided 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 73 C. Authorization Issued by: North Andover /�Pb e'r Conser'v'ation Commission nate of ssuance This Certificate must be signed by a majority of the Conservat. Commission and�a copy sent to the applicant and appropriate DEP Regional Office (See Attachm� t). Signatures: nature r s f fr wpaform 8b.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection t,. Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1367 1, 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 -1 447 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License 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 Signature of Notary Public F. DONNA M.WEDGE p? NOTARY PUBLIC Printed Name of Notary Public 'L!ON'.EALTH OF MASSACHUSETTS- P.iy Ccmm.Expires Aug.7,2009 M omm ssion � x fires Date P Place notary seal and/or any stamp abovej�y?'"" Signature of Notary Public wpaform 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 (` 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 31 Court Street 242-1367 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North 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: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 - Page 4 of 4 A- Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands ' DEP Regional Addresses 1 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 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whaley Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett 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 As hburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborouoh 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 Wnchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Pa.d-wick Medway Dhflloston 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 Wellfleel 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.10/27/06 Page 1 of 1 f t Massachusetts Department of Environmental Protection Ll Bureau of Resource Protection - WetlandsDEP File Number: WPA Form 5 - Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Patti & David Castricone use the return a. First Name b. Last Name c.Company key. 7 Hillside Road d. Mailing Address rab Boxford MA. 01921 e.City/Town f.State g.Zip Code � m 4. Property Owner(if different from applicant): a. First Name b. Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 31 Court Street North Andover a.Street Address b.City/Town Map 58 Parcel 29 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 9529 247 c. Book d.Page 7/26/06 9/13/06 10/4/06 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land a. Plan Title Giles Surveying Scott L. Giles, R. P. L. S. b. Prepared By c. Signed and Stamped by 7/24/06, revised 9/6/06 1" = 20' d. Final Revision Date e.Scale See attached f.Additional Plan or Document Title g. Date g. Total WPA Fee Paid: $215.00 $42.50 $ 172.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1367 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. 0 Storm Damage Prevention i. ® Flood Control 2. 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. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b. linear feet c. linear feet d. linear feet 4. ❑ Bordering vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �I B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g. cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f. cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c. c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a. linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 e Y Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more 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 242-1367 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1367Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more G. The special conditions relating to municipal ordinance or law are as follows: space for p 9 P Y additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 t DEP FILE# 242 - 1367 PROJECT OVERVIEW: The applicant, Patti and David Castricone, filed a Notice of Intent with the North Andover Conservation Department on July 26, 2006 for the construction of an addition and two decks, one of which will be cantilevered, to an existing single-family dwelling within the buffer zone to bank associated with an intermittent stream. The addition was also proposed within the 50-foot No-Build Zone pursuant to the North Andover Wetlands Protection Bylaw and regulations (Chapter 178 code of North Andover) and was located 37 feet from the jurisdictional resource area at its closest point. Proposed work would be located in an area that is a combination of maintained lawn area. In addition, a shed on a slab foundation would be removed. No trees or existing vegetation would be removed and minimal to no grading would be required. Further, a buffer zone restoration/enhancement area was proposed within the local 25-foot no- disturbance zone to mitigate impacts. The addition was proposed for the use of converting a one-car garage into a two stall with two apartments over the garage, a first floor apartment, expansion of the kitchen, and a sunroom asserting that the work was necessary for the care of the applicant's father, who has a medical condition, which necessitates constant care. The subject lot is small consisting of 14,215 s.f in size and is a pre-existing non-conforming lot. The existing home and associated features were built in 1952. The entire lot lies within the 100-foot buffer zone of the aforementioned jurisdictional resource area. FINDINGS OF FACT: An initial public hearing was held within the 21-day time requirement on August 9, 2006 and was legally posted in the Eagle Tribune. The proposed project was either discussed or continued to subsequent public meeting dates of August 17, August 23, and September 13 of 2006 respectively (it is important to note that the August 17th legally posted meeting was not a regularly scheduled public hearing, but was a site walk). As a result of the aforementioned public hearings, the following findings of fact were presented and asserted. As stated above, the addition was proposed within the 50-foot No-Build zone pursuant to the local Bylaw and Regulations. No disturbance was proposed within the local 25-foot No- Disturbance zone setback. Prior to the Notice of Intent filing, the applicant filed an application with the Zoning Board of Appeals (ZBA) for several variances and a special permit. The ZBA voted to grant the dimensional Variance petition from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 3' from the south side setback and 20' from the front setback and grant a Special Permit from Section 4, Paragraph 4.122.14c for a 2nd dwelling unit and Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non-conforming structure on a pre-existing, non-conforming lot A waiver request and accompanying alternative analysis for the proposed work within the 50- foot No-Build zone was prepared and submitted by the applicant's representative, Arrow Environmental, LLC, pursuant to the North Andover Wetlands Protection regulations section 5.2, which states that: C:\Winword\OOC\3ICourtSt.doc 1 NACC 10/4/2006 r DEP FILE # 242 - 1367 "The Commission navy grant a znaizter from these regulations for an alternative of a buffer zone resource area in situations inhere there are no feasible alternatiztes that provide for less impacts to the resource area values. The applicant is responsible for conducting an alternatives analysis to shout that there are no feasible alternatiztes. The Commission niay grant a zctaizter of the...perfornaance standards and impose such additional or substantive niitigatizte requirements as it deems necessary, upon a clear and conztincing shouting by the applicant that: • There are no practicable conditions or alternatiztes that mould allozn the project to proceed in compliance znith the regulations, and • The project, or its natural and consequential effects, utill not hazte any adz)erse effects upon any of the interests protected by the Bylaut.... • The project utill inaprozve the natural capacity of a resource area to protect the interests identified in the Bylaza, provided any adverse effects on any such interests are minimized by carefully considered conditions.... .In the case inhere a zitaimr is granted in the No-Build Zone, the Commission shall require araitigation -measures to be implemented to offset potential impacts to the utetland resource areas" As such, the alternative analysis indicated that the site constraints and zoning requirements would not allow for a more feasible alternative to locate the addition outside of the 50-foot No- Build setback. It further states that since there is an existing pool and fence to the right of the home, the addition cannot be located to that side of the lot. Arrow Environmental states that because of the circumstances, not allowing the addition was truly a hardship for the applicant. Given the above stated design restraints, Arrow Environmental, LLC asserted that there was no alternative and that locating the addition in any other location was not feasible. During the August 9 public hearing,Joseph Lynch and Louis Napoli stated that although they had known Mr. Castricone through his involvement as a wrestling coach, they stated that they could remain objective and impartial during the proceedings and therefore did not feel the need to recuse themselves. Ms. Castricone submitted photographs of the existing lot for the Commission to review for the record. The Commission accepted these photographs for review. Mr. Lynch indicated that only spot elevations were shown on the plan and that 2-foot contours of existing and proposed grading(if any) needed to be depicted on the plan. Jack Mabon asked the applicant if they would consider a physical barrier along the 25-foot no-disturbance zone and additional restoration to protect the resource area as further mitigation effort. Ms. Castricone indicated that a physical barrier would cut through the existing yard area and stated that a buffer zone enhancement area had already been proposed as a means of mitigation. Mr. Napoli had concerns in regards to stormwater runoff and also stated that depicting the topography on the site was important. Deborah Feltovic suggested that the Commission conduct a site walk. A site walk was subsequently scheduled for August 171h at 6 p.m. An abutter,John Weaver of 37 Court Street, requested that the Commission base their decision on the regulations and not based upon a hardship. Ms. Feltovic motioned to continue the meeting to August 23rd. Mr. Mabon seconded. Unanimous. The site walk was legally posted and conducted as scheduled. Only Mr. Lynch and Mr. Napoli were able to attend that time, however Ms. Feltovic and Mr. McDonough had visited the site on two separate occasions prior to the August 23rd meeting date. C:\Winword\00C\3ICourtSt.doc 2 NACC 10/4/2006 DEP FILE # 242 - 1367 At the August 23rd public hearing, the Commission discussed their findings as a result of the site walk. The Commission had suggested additional alternatives and mitigation measures as they had indicated that the project did not appear to be approvable as proposed. The Commission recommended the following plan changes: ❖ Showing appropriate and suitable enhancement plantings within the entire 25-foot No- Disturbance Zone of at least 2:1 mitigation. The Commission has also recommended that these plantings be scattered within the no-disturb area and not shown in rows as previously depicted; ❖ Revising the addition to eliminate the need for a foundation and providing sonotubes to support the addition as an alternative, if it were feasible structurally; ❖ Identifying if the fill at the end of the driveway would be removed and restored as part of the proposed project; ❖ Specifying the square footage of alteration within the buffer zone in comparison to the square footage of fill to be removed from the site. ❖ Including any proposed retaining wall/s needed to accommodate the work; ❖ Showing existing and proposed grading with 2-foot contours; and ❖ Elimination of the grading note depicted on the plan if grading changes were proposed (i.e - as a result of the necessary retaining walls). Ms. Feltovic motioned to continue to the meeting of September 13tH, seconded by Mr. Napoli. The vote was unanimous. At the meeting of September 13t", the applicant had submitted revised plans, incorporating the changes recommended by the Commission at the previous meeting. Specifically, these revisions included: ❖ Elimination of the proposed foundation and elevation of the proposed addition on 512" sontubes (.8 s.f. in size) for support. Each sonotube would impact approximately 25 cubic yards of material under the addition within the 50-foot buffer zone; ❖ Proposed and existing 2-foot topographic contours; ❖ The location of two retaining walls and associated grading at the end of the existing driveway to the south of the site; ❖ Additional plan notes indicating that approximately 7 cubic yards of fill would be removed for the construction of the retaining walls; ❖ Additional buffer zone enhancement plantings within the entire 25 no-disturbance zone consisting of 28 Winterberry and Blueberry, 8 Dogwood, and 7 Lilacs (more than a 2:1 ratio). The Dogwoods and Lilacs would be planted diagonally 8 -10' apart and the Winterberry and Blueberry would be planted alternatively 5' apart. Upon presentation of the aforementioned plan changes, the Commission voted unanimously to close the public hearing. At the meeting of September 27, 2006, the'NACC concurred that there where no feasible or alternative location on the lot for the addition to be located outside of the 50-foot No-Build Zone C:\Winword\OOC\3ICourtSt.doc 3 NACC 10/4/2006 DEP FILE # 242 - 1367 and that the applicant presented a clear and convincing showing to that fact in addition to minimizing and mitigating impacts. Members present to vote were Scott Masse, Chairman, Deborah Feltovic, Jack Mabon, and Sean McDonough. The vote was 3-0-1. Mr. McDonough abstained. A decision of approval with conditions was issued within the 21-day time requirement. Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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 (p.37) of the Nortli Andover Wetland Regulations). C:\Winword\OOC\3ICourtSt.doc 4 NACC 10/4/2006 DEP FILE# 242 - 1367 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1367. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of an addition and two decks, one of which will be cantilevered,to an existing single-family dwelling within the buffer zone to bank associated with an intermittent stream. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Patti and David Castricone (Applicant) 7 Hillside Road Boxford, MA 01921 Received July 26, 2006 Plans Prepared By: Giles Surveying 50 Deermeadow Road North Andover, MA 01845 Notice of Intent prepared by: Arrow Environmental, LLC P.O. Box 574 North Andover, MA 01845 Entitled: "Plan of Land", dated July 11, 2006, last revised 9/6/06. Stamped & Signed by Scott L. Giles, P.L.S. Additional Documents: Alternative Analysis prepared by Arrow Environmental, LLC, Inc. No date. CAWinword\0003ICourtSt.doc 5 NACC 10/4/2006 DEP FILE # 242 - 1367 i Letter from Sudarshan Chatterjee, M.D. dated August 9, 2006. Photos submitted by Patti Castricone received August 9, 2006. 30. The following wetland resource areas are affected by the proposed work: Bank associated with an intermittent stream. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those areas allowed and approved under this project filing. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone (See Section 3.4 & Appendix F of the local Regulations). 33. 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. 34. The NACC finds the applicant's proposal for approximately 2500 sq. ft. of buffer zone restoration/enhancement to be adequate. However,the NACC finds that the Winterberry plantings may not be suitable to the existing field conditions. Therefore,the applicant shall contact the Conservation Administrator to determine a more suitable and agreeable alternative in this regard. Said plantings shall be planted during and immediately following construction activity on site and within the first growing season. This sequence shall be reflected in the construction sequence. 35. The restoration/enhancement area shall be monitored by a qualified wetland specialist for two growing seasons and monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season, it has been determined that a 75% success rate has not been achieved, the NACC maintains the right to require additional mitigative measures. CAWinword\00C\3ICourtSt.doc 6 NACC 10/4/2006 DEP FILE #242 - 1367 36. 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. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. (IPRIOZRT(O CONSTRUCTION E -- MJ 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1367." 41. 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. C:\Winword\OOC\3ICourtSt.doc 7 NACC 10/4/2006 DEP FILE# 242 - 1367 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed construction sequence, including a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/erosion control devices, phasing associated with the development and the construction of the associated stormwater management structures. This timetable must continue to be updated throughout the project. 44. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with 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. 45. 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 Commissions request. 46. 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. 47. A check payable to the Town of North Andover shall be provided in the amount of$3,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of C:\Winword\OOC\31CourtSt.doc 8 NACC 10/4,/2006 DEP FILE # 242 - 1367 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. 48. 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. 49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall certify 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 EMC must visually inspect all sedimentation / erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. C:\Winword\OOC\3ICourtSt.doc 9 NACC 10/4/2006 DEP FILE #242 - 1367 51. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,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 for each pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 52. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 53. The deck shall be cantilevered so as not to encroach into the 50' No-Build Zone as shown on the approved plan referenced herein. 54. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 55. 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. 56. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 57. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 58. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while any dewatering is occurring. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is C:\Winword\OOC\3ICourtSt.doc 10 NACC 10/4/2006 DEP FILE #242 - 1367 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. 59. 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. 60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 61. 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. 62. Construction equipment/vehicles shall not be staged overnight within 50-feet of a wetland resource area. 63. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 64. Washings from concrete trucks or surplus concrete shall not be directed to an drainage g , P y g system, or wetland resource area. 65. All waste generated II b , or associated with the construction activity shall be g y y 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 shall be allowed within 50' of the wetland resource areas. ISI 66. 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. CAW in word\OOC\3 I CourtSt.doc 11 NACC 10/4/2006 DEP FILE # 242 - 1367 AFTER CONSTRUCTION 67. 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. 68. 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. 69. 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. 70. After completion of work, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone"/along the edge of the newly constructed buffer zone restoration area with five (5) signs or markers spaced evenly every 30 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 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. 71. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 72. 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. CAWinword\00C\3ICourtSt.doc 12 NACC 10/4/2006 DEP FILE # 242 - 1367 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, i and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 73. 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 (Condition #32); Discharge or spillage of pollutants (Condition #66); ➢ Prohibition of underground fuels (Condition #67); Limitations on the use of fertilizers, herbicides, and pesticides (Condition#68). C:\Winword\OOC\31CourtSt.doc 13 NACC 10/4/2006 DEP FILE # 242 - 1367 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of , 20___, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\00031CourtSt.doc 14 NACC 10/4/2006 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ,1 WPA Form 5 - Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special /r! condition pursuant to General Conditions#4, from the date of issuance. 1. Date offissutrice Please indicate the number of members who will sign this form: V This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at thV same time to the appropriate Department of Environmental Protection Regional Office, if not ling electronically, and the pro �Ay-owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this of Day Month Year Before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License 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 City/Town Conservation Commission DONNA kL WEDGEI WTAWPJWC Signature of Nota Public ' COMMONWEALTH Of MASSACHUSETTS g Notary My comrrL Eow Aug.7,2009 D ooh 4 M. Gtl,!5--b G 6- Printed Name of N tary Public Place notary seal and/or any stamp above -7 16900Y My Commission Lxpires(Date) This Order is issued to the applicant as follows: []/y hand delivery on ❑ by certified mail, return receipt requested,on to/'-//y Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 2.42-1367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1367 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.3/1/05 ' Page 9 of 9