HomeMy WebLinkAboutMiscellaneous - 316 GREAT POND ROAD 4/30/2018 (2) i
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1616
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
computer, use Bill &Jessica Karras
only the tab key Name
to move your 316 Great Pond Road
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
City/Town State Zip Code
r� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Bill &Jessica Karras
Name
May 6, 2014 242-1616
Dated DEP File Number
3. The project site is located at:
316 Great Pond Road North Andover
Street Address City/Town
Map 37A Parcel 53
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 Northern 13876 342
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/15/15
Date
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1616
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
76
C. Authorization
Issued by:
North Andover
Conservation Commission Date J Issua ce
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://vwvw.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-
re ional-ofl•ice-for- o r-cit - r-town.html).
Signatures:
wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1616
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:
316 Great Pond Road 242-1616
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Bill &Jessica Karras
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
wpafrm8b.doc-rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
�._ Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
MTA Form 5-Order of Conditions eDEP Transaction#:650020
{ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r Amended OOC
3.Applicant Details
a.First Name BILL AND JESSICA b.Last Name KARRAS
c.Organization
d.Mailing Address 316 GREAT POND ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name BILL AND JESSICA b.Last Name KARRAS
c.Organization
d.Mailing Address 316 GREAT POND ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 316 GREAT POND ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 37A e.Parcel/Lot# 53
f.Latitude 42.68726N g.Longitude 71.09844W
6. Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12880 91
7.Dates
a.Date NOI Filed:3/17/2014 b.Date Public Hearing Closed: 5/14/2014 c.Date Of Issuance: 5/16/2014
8.Fina1 Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
#316 GREAT POND
ROAD PROPOSED SULLIVAN
SITE ENGINEERING JOHN D.SULLIVAN III,P.E. 4/15/14 V=20'
DEVELOPMENT GROUP,LLC
PLAN
Page 1 of 10*ELECTRONIC COPY
\ Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5-Order of Conditions eDEP Transaction#:650020
� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.F 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 anew Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.f The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource l
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. F Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.F Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. F Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5-Order of Conditions eDEP Transaction#:650020
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER
e.c/y dredged f.cly dredged
7.r 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
8.r 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
9.r 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
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r-Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
1 square feet b.square feet
c.c/y dredged d.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5 - Order of Conditions eDEP Transaction#:650020
LIZ
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
19.C Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r.—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
I— Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
C Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WeDEP Transaction#:650020PA Form 5-Order of Conditions Ciry/Town:NORTx ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1616"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(ATA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5 -Order of Conditions eDEP Transaction#:650020
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater 13MPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater 13MPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible parry shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater 13MPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
�) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/or replacement of 13MPs shall not be withheld.Any fencing constructed around
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Massachusetts Department of Environmental Protection Provided by MassDEP:
_----� Bureau of Resource Protection-Wetlands
MassDEP File 4:242-1616
WPA Form 5 -Order of Conditions eDEP Transaction#:650020
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
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i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5 - Order of Conditions eDEP Transaction#:650020
i City/Town Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 :NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I• Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2• The Conservation Commission hereby check one that applies
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
TOWN OF NORTH
ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
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L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
WPA Form 5 - Order of Conditions eDEP Transaction#:650020
1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
E. Signatures
Th
This Order is valid for three years from the date of issuance,unless otherwise specified
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by w
2.Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
F7 by and delivery on r✓�y certified marl,return receipt requested,on
'S-)
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
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 providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1616
♦� WPA Form 5 -Order of Conditions eDEP Transaction#:650020
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHRNDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
316 GREAT POND ROAD 242-1616
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner BILL AND JESSICA KARRAS
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 Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE #242-1616
Findings:
• On May 6, 2014 the North Andover Planning Board issued a Watershed Special Permit
for the project proposed herein.
Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of an in ground pool (with cartridge style -
non-backwashing filter) with associated appurtenances, a paver patio, shed, retaining
wall and fence within the 100-foot Buffer Zone to Bordering Vegetated Wetland
(BVW). The project also includes a buffer zone restoration planting plan and
permanent stone wall at the 25' No-Disturbance Zone..
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Bill &Jessica Karras
316 Great Pond Road
North Andover, MA 01845
Representative: Richelle Angeli
Arrow Environmental, LLC
26 Palanga Street
Methuen, MA 01844
Site Plans prepared by: Sullivan Engineering Group, LLC
Titled: #316 Great Pond Road
Proposed Site Development Plan
Located in North Andover, Massachusetts
Dated: March 5, 2014
Revised per Board Comments: 4/15/14
Signed and Stamped by John D. Sullivan III, P.E.
Wetland Delineation: Richelle Angeli
Date: June 2013
Revised by NACD: 4/15/14
i
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DEP FILE #242-1616
Other Record Documents: Swimming Pool Maintenance Requirements
Date: April 24, 2014
Prior Filings: DEP File #242-526
COC Issued: May 28, 1992
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of 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.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days 30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
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29. 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.
30. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. This Order of Conditions is issued in addition to the OOC issued under DEP File #242-
526 for house construction and site grading. A Certificate of Compliance for the
subdivision was issued on May 28, 1992.
32. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
33. A Conservation Restriction exists on the property and is designated on the approved
plan referenced herein.
34. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW). This resource area is significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
35. The NACC agrees with the applicant's delineation of the wetland resource areas on
site (A1 - A10-flag A5 deleted) as shown on the plans dated referenced herein.
36. 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 except for areas shown as previously
developed on the herein referenced plan. 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).
37. The applicant's proposal to restore the No-Disturbance Zone is acceptable to the
NACC. The new No-Disturbance Zone will be monumented with a dry laid stone wall
and by posts with wetland markers beyond the limits of the wall up to the tree line as
shown on the herein referenced site plan. The area will be planted in accordance with
the planting plan detailed on the approved plan. Plantings will be monitored for two
growing seasons (fall and spring over the course of one year) with a monitoring
242-1616,316 Great Pond Road OOC Special Conditions 3 NACC 5/16/2014
DEP FILE #242-1616
report, including photographs, submitted to the NACC by November 1 and June 1 of
each year. Plants that die or are not thriving during the monitoring period shall be
replaced.
38. 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.
39. The owners of the project and their successors in title 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.
PRIOR TO CONSTRUCTION
40. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
41. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
42. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1616."
43. Any other 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
242-1616,316 Great Pond Road OOC Special Conditions 4 NACC 5/16/2014
I
DEP FILE #242-1616
for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
44. 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.
45. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the installation of
erosion control, pool excavation and installation, shed construction, stone wall
construction, planting and final stabilization.
46. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
47. Staked hay bales backed by trenched siltation fence or other erosion control (silt sock
to be used in buffer zone restoration Pp Y a planting) roved b the Conservation
Department shall be placed between all construction areas and resource areas as
shown on the herein referenced plan. 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 or its agent 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 or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
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48. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of five (5) hay bales and sufficient stakes for staking these
bales (or an equivalent amount of silt sock). Said bales shall be used only for the
control of emergency erosion problems and shall not be used for the normal control of j
erosion.
49. A check payable to the Town of North Andover shall be provided in the amount of
$1,500 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.
50. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. 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 Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
51. 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 with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
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52. Prior to construction or when the permanent large rock wall is established,the
applicant shall permanently mark the edge of the "25' No-Disturbance Zone" (or rock
wall) on all delineated wetlands with signs or markers spaced evenly every 30 feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (1 square for every 3 round markers). The edge of tree line should be
marked where the wall/posts end up to the roadway. Markers may be mounted to
existing vegetation,4" x 4" pressure treated posts, or the required boulder wall. These
markers will designate the sensitivity of the resource area 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. These markers shall remain posted and be replaced as necessary
in perpetuity. Markers are available from the Conservation Department($2 round
and$3 square).
53. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
4 -
5 . Once these above mentioned re construction requirements are complete, the
P q P
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, 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).
STORMWATER MANAGEMENT CONDITIONS
55. Water quality in down gradient SVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
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sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
56. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins,traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
57. 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.
58. Dewatering activities are not anticipated or approved. 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 (including the Buffer Zone). 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. Construction access shall be over the existing driveway as shown on the approved
plan. At the end of each work day, the driveway will be swept to prevent sediment
tracking.
60. A loose stacked stone wall will be established at the 25' No-Disturbance Zone as
shown on the approved plan referenced herein. This wall shall remain in place in
perpetuity to protect the integrity and function of the 25' No-Disturbance Zone.
61. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber,bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
62. 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 or other stabilization method (as directed by the Conservation Department)
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 as directed by the NACC.
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DEP FILE #242-1616
63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
64. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area. All stockpiled materials shall be stored in the area shown on the herein
referenced plan.
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
70. A non-backwashing, cartridge style filter will be installed for the pool. All pool
maintenance will be done in compliance with the herein referenced "Swimming Pool
maintenance Requirements". Draining of pool water is not permitted directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland Bylaw (including catch basins). This condition shall survive the issuance of a
Certificate of Compliance.
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71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
low phosphorous 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 Towns Wetland
Protection ByLaw and shall survive the issuance of a Certificate of Compliance.
72. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall survive
the issuance of a Certificate of Compliance.
73. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
74. 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.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (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 then the entire structure must be depicted to accurately verify
compliance.
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➢ "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 a�disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot except in
those locations approved under DEP# 242-1616. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.4 of the Regulations for performance standards within these
zones). The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers &Stone Wall Monumentation (Condition#52 &
#60)
➢ Discharge or spillage of pollutants (Condition#68);
➢ Prohibition of underground fuels (Condition #69);
➢ Non-backwashing, cartridge style filter (Condition#70);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#71);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#72).
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APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 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. I 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. I 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
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 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)
242-1616,316 Great Pond Road OOC Special Conditions 12 NACC 5/16/2014
Sullivan Engineering Group, LLC
Gull Engineers&Land Development Consultants
SWIMMING POOL MAINTENANCE REQUIREMENTS
316 GREAT POND ROAD
NORTH ANDOVER, MA 01845
April 24, 2014
tiP 2?
ti _ 0.,..{
NORTHANDOVER
CONSERVATION COMMISSION
CR USHED STONE INFILTRATON TRENCH
The crushed stone infiltration trench along the pool patio edge shall be inspected every six(6)months and
after major storms. Debris shall be removed and the top layer of crushed stone shall be inspected for
sedimentation. Areas found to be clogged shall be removed and replaced to a depth necessary to assure proper
functioning of the trench.
STORAGE OF CHEMICALS
Pool chemicals shall be stored either inside the pool shed or the basement of the dwelling structure to ensure
containment of any spill or drips.
POOL DRAIND0WN
At the time of pool closure for the season or anytime the pool needs to be drained the water shall not be
discharged onsite. The owner shall engage a water hauling company to pump the water and truck the water
away. Final disposal of the water by the water hauling company shall be in accordance with all federal and
state regulations.
22 Mount Vernon Road Boxford,Massachusetts 01921 (978)352-7871-Phone 978352-7871 -Fax
„ cS
LAW OFFICE OF
MICHAEL E. LOMBARD
44 PARK STREET
ANDOVER, MA 01810
(978) 475-1518
FACSIMILE (978) 470-3448
MICHAEL E. LOMBARD, ESQ. PARALEGALS
MARY T. DUGGAN
RACHEL ANN MORIN, ESQ. LYNN M. ADLEY
ALANA BOWDRIDGE
GITA BRAZELIS
September 16, 2003 RECEIVED
Conservation Commission SEP 1 S 2003
Of the Town of North Andover 9
NORTH ANDOVER
27 Charles Street CONSERVATION COMMISSION
North Andover, MA 01845
Re: 316 Great Pond Road, North Andover
Conservation restriction recorded at Essex North Deeds in Book 3385, Page 109
Dear Sir or Madam:
Please accept this letter as Notice, pursuant to Paragraph 1 (i) and 8 of the
Conservation Restriction dated January 22, 1992, that the property covered by the
Restriction will be sold within thirty (30) days from today. I have attached a copy
of the Restriction for your reference.
Should you require any further information, please do not hesitate to contact me.
Sincerely yours,
Michael E. Lombard, Esq.
Enclosure
Via Certified Mail - Return Receipt Requested
7002 0510 0002 3649 7024
B93385
CONSERVATION RESrurrTtQ
The undersigned, Daniel DoPiano 6 Delores DePiano of /V\
Tewksbury, Middlecox X915 County, Massachusetts hereby grants to the
CONSERVATION COMMISSION OF THE TOWN OF NORTH ANDOVER,
MASSACHUSETTS, its successors and permitted assigns, In perpetuity and
Age exclusively for conservation purposes, a Conservation Restriction on the land located
7n, North Andover ,Essex County, Massachusetts,described In ExWtU
fi.,. attached hereto and incorporated herin by reference(the"Premises.Said(names)
,: and their successors In title to the Premises are hereinafter called the"Grantor'and
Y77 the Town of North Andover Conservation Commission,and its successors and
Treat permitted assigns are hereinafter called the'Grantee".
cemisea !
Whereas,the Premises provides significant scenic,aesthetic,and open
space value in its present state as a natural area which has not been subjected to
development incompatible with said uses: and
I - {
_ s Whereas,the Grantor and Grantee recognize the uniqueness of the
Premises as a distinctive Massachusetts landscape embodying the special character
of the region in which the Premises is located and have the common purpose of
conserving the natural values of the Premises for this generation and future
generations.
Therefore,in order to preserve the Premises in perpetuity in its present.
< natural scenic and open condition,the Grantor conveys to the Grantee a perpetual
Conservation Restriction within the meaning of Chapter 184,Section 31 et, seo•of the
General Laws of Massachusetts,as ammended.The terms of this Conservation
a Restriction are as follows:
r 1.Prohibited Activities.Except as otherwise herein provided,or expressly
permitted by the Grantee in writing,the Grantor shall neither perform nor permit
others to perform any of the following acts or uses on the Premises:
(a)Construction or placing of any building,tennis court,landing strip,mobile
'. home,swimming pool,septic system,road,sign,fence,billboard or other
advertising display, utilities,conduits,poles,antennas,windmills,solar
panels or other temporary or permanent structures or facilities on or above
the ground; .
' (b)Dumping or placing of soil or other substances on the ground as landfill f or dumping or placing of vehicle bodies or parts,junk,trash,refuse,solid or i
chemical waste or unsightly or offensive materials,or the Installation of I
I bobulf b underground storage tanks; i
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dAY of f (c)Use of the Premises except for agricultural,farming,forest or outdoor
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no recreational purposes or purposes permitting the land or water area to
remain predominantly in its natural condition;
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(d)Mining,excavating,dredging or removal of.loam,peat,a",gravel,
rock or other mineral substances or natural deposits except as necessary for
hx proper drainage or soil conservation and then only in a manner which does
not impair the purposes of this Conservation Restriction;
(e)Any commercial or industrial use or any Institutional use Inconsistent with
the purposes of this Conservation Restriction;
(f)Use of motorized vehicles of any nature or kind,including but not limited
., to cars,trucks,motorcycles,all-terrain vehicles and snowmobiles,except
such as may be reasonably required by police,firemen or other
governmental agents in carrying out their lawful duties andexcept for cars,
z a trucks and farm vehicles used for purposes permitted by this Conservation
{ Restriction;
(g)Activities detrimental to drainage,flood control,Water or soil
I, conservation,water quality,or erosion control..
°- (h)Acts or uses which in the reasonable opinion of the Grantee are
f;,s detrimental to preservation of the Premises in Its present condition;
's (1)Conveyance of a part or.portion of the Premises alone,or division or
1
subdivision of the Premises,without the prior written consent of the Grantee.
;
2.Reserved Rights.Notwithstanding anything contained in paragraph f,the
[N; Grantor reserves the right to conduct or permit the following activities on the
5 Premises:
(a)The cultivation and harvesting of crops,flowers and hay;the planting of
trees and shrubs and the mowing of grass;the grazing of livestock;and the
construction and maintenance of appropriate fences necessary in
connection therewith and not otherwise inconsistent with the purposes of
this Conservation Restriction;
(b)The cultivation and harvesting of forest products in accordance with such
w Massachusetts forestry conservation regulations as may be promulgated
a from time to time;
3
W. (c)Any activities designed to enhance the ecological or natural historical
,i
-value of the Premises or to enhance the awareness of such values,
including but not limited to the creation of footpaths,boardwalks and the
!;a. placing of informative signs and benches.
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BK3385
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(d) Such other activities requested by the Grantor and expressly approved
by the Grantee as are consistent with the purposes of this `
E Restriction. Conservation f
The exercise of any right reserved by the Grantor under thisQ !�
be in compliance with the then-current Zoning By-Law applicable t phe shall
Premises,the Wetlands Protection Act(General Laws Chapter 13t,Section 40
}r )
and all other applicable federal,state and local laws.The inclusion of any
reserved right in this paragraph 2 requiring a permit from a-public agency does `
y position on whether such permit should be
issued.not imply
that the Grantee takes an
3.Affirmative Coyenaotc of the Grantor.The Grantor shall pay
delinquency all taxes,assessments,fees and charges levied on or assessed
i
s r_ against the Premises by competent authority(collectively'taxesi,and shall u;
furnish the Grantee with satisfactory evidence of payment upon request. `
4.Access by the Grantees The Grantee through its duly assigned officers,
members,employees,representatives or agents shall have the r' I
x ' Premises at reasonable times and In a reasonable manner for the ht to enter the
Inspecting the Premises,determining compliance with the terms of this
poss of
Conservation Restriction and preventing,abating or remed in
thereof.The Grantee shall have the right at its sole expense,
g any violations
xPense,to perform any act
required to preserve,conserve or promote the natural habitat of wildlife,fish or "
plants located on the Premises.The Grantee shall have the right to erect and
<" from time to time replace,at appropriate locations near the boundaries of the
Premises,suitable signs identifying Grantee as the holder of this
Conservation
Restriction. Except as aforesaid no rights to enter the Premises are '
granted hereby to the Grantee, to the public or to any Y other other
F 5.Legal Remedies of thg Grantee.The rights-hereby granted sh,-n
include
right to take any and all actions with respect to the Premises at the then fee the
owner's expense as may be necessary or appropriate,with or w-*rloqA order of y
court,to remedy,abate or otherwise enforce any violations here'l
the right to enforce this Conservation Restriction b a as Well as
Y appropriate fel
proceedings and to obtain injunctive and other equitable relief asst any
violations,including without limitation relief requiring restoration d the Premises
�+ to its condition at the time of this grant(it being agreed that the Gra-It88 may
A have no adequate remedy at law),and shall bein addition to,and r
` limitation of,any other rights and remedies available to the Grarr4 The �`
't Grantor and the successors and assigns of the Grantor covenant
agree a <`
reimburse the Grantee for all reasonable costs and expenses(' to
limitation reasonable counsel fees) incurred In enforcing this i wnhoui
Restriction or In taking reasonable measures to rem man
thereof.By its acceptance,the t3rantes does not undertake a�rtye of bn
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V4 obligation relating to the condition of.the Promisee,Enforcement of the terms of
this Conservation Restriction shall be at the discretion of the Grantee,and any
z<1 forbearance by the Grantee to exercise Its rights under this Conservation
Restriction shall not be deemed or construed to be a waiver.If any provision f
this Conservation Restriction.shall to any extent be held invalid,the remain r
shall not be affected.
6.Assignment by the Grantee.The benefits of this Conservation Restriction
shall be deemed to be in gross and the Grantee and Its successors and assigns
shall have the right to assign its right,title and Interest hereunder to a'Qualified
'} Organization"as defined in Section 170(h)(3)of the.Internal Revenue Code
provided that such assignee shall also be and eligible donee of a conservation
restriction as set forth In Chapter 1134,Section 32 of the General Laws of
Massachusetts,and provided further that,as a condition of such assignment,
the assignment,the assignee is required to hold this Conservation Restriction
and enforce Its terms for conservation purposes.
-A,,;, _
? 7,&bmuent Transfer .The Grantor agrees to Incorporate the terms of thls
Conservation Restriction In any deed or other legal Instrument by which they
divest themselves of any Interest In all or a portlon'of the Premises,Including
Ghout limitation,a leasehold Interest.
erLoulred Notifications of Transfers.The Grantor shall notl the Granteeling at least thirty(30)days before convey ng a rem ses,or any part reo or Interest thereln(including a lease).The Grantee shall notify the
Gran or n wrding at ea re it assigns this Conservation
Restriction.
9.Notice and Approval With Respect to the Grantor's Activities.Whenever
notice to or.approval by the Grantee is required under the provisions of
paragraphs 1 or 2,the Grantor shall notify the"Grantee in writing not less than
sixty(60)days prior to the date the Grantor intends to undertake the activity in
question.The notice shall describe the nature,scope,design,location,
timetable and any other material aspect of the proposed activity in sufficient
detail to permit the Grantee to make an informed judgment as to its consistency
. with the purposes of this Conservation Restriction.Where the Grantee's
F{3 approval is required,the Grantee shall grant or withhold its approval in writing
within the sixty(60)days of-receipt of the Grantor's written request therefor.
a _
11.Proceeds From Extinguishment: Eminent Domain.The Grantor and Grantee
agree that the donation of this Conservation Restriction gives rise for purposes
of this paragraph to a property right,immediately vested in the Grantee,with a
# !4• fair market value.determined by multiplying the current fair market value of the
�t.°..
Premises unencumbered by this Conservation Restriction(minus any increase
in value attributable to improvements made after the date of thisrant b the
ratio of the value of this Conservation Restriction at the time of the grant to the
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B93385
value of the Premise,without deduction for the value of this Conservation
Restriction,at the time of this grant.Such proportionate value of the Grantee's ?
property right shall remain constant. If any change in conditions ever gives rise ( (�
to extinguishment or other release of the Conservation Restriction under VL
-ts applicable law, then the Grantee,on a subsequent sale, exchange or t2'
Involuntary conversion of the Premises,shall be entitled to a portion of the
proceeds equal to such proportionate value,subject however,to any applicable
law which expressly provides for a different disposition of proceeds.When
all or any part of the Premises or any interest therein is taken by public authority
under power of eminent domain,or if all or any part of this Conservation
Restriction is otherwise extinguished by act of public authority then the Grantor
and the Grantee shall cooperate in recovering the full value of all direct and
consequential damages resulting from such action.All related expenses Lf
Incurred by the Grantor and the Grantee shall first be paid out of any recovered
proceeds, and the remaining proceeds shall be distributed between the Grantor k
and the Grantee In shares equal to such proportionate value.The Grantee shalt
use its share of the proceeds In a manner consistent with the conservation Vit.
` purpose set forth herein. k,-
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12.Binding Effect- Interpretation.The burdens of this Conservation Restriction --
shall be deemed to run with the Premises,shall be enforceable in perpetuity_
against the Grantor,the Grantor's successors in title to the Premises,and any r :
person holding any interest therein,by the Grantee,its successors and assigns
and its duly designated officers,members,employees or agents as holders of
this Conservation Restriction.This Conservation Restriction shalt be in addition �,ry
to and not in lieu of any other restrictions or easements of record affection the
Premises. Interpretations of the meaning of this Conservation Restriction or any
provisions thereof made in good faith by the Grantee shall be conclusive and
binding upon all persons.The Grantee is authorized to record or file any notices # {
or instruments appropriate to assuring the perpetual enforceability of this t
Conservation Restriction;and the Grantor on behalf of themselves and their
successors and assigns appoint the Grantee their attorney-in-fact to execute,
acknowledge and deliver any such instruments on their behalf.Without limiting {rtn
} the foregoing,the Grantor and their successors and assigns agree themselves tM#
to execute any such instrument upon request.
13.Effective Date The Grantor and the Grantee intend that the restrictions `
r• arising hereunder take effect upon the date hereof,and to the extent s `
enforceability by any person ever depends upon the ;7
�"` • approval of governments! '
officials,such approval when given shall relate back to the date hereof
regardless of the date of actual approval or the date of filing or recording of any
instrument evidencing such approval.
14.Estoppel Gertifi ate ,Upon request by the Grantor,the Grantee shalt wfthin
thirty(30)days execute and deliver to the Granter
Including an estoppel certificate,which certifies the Grarnor's compliance with I
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,:,�v�-rs 'yy`�,�����'#����"yx��"""'y-,.'�F- � �r.�,' s�`'`�,F �_ '���s_ �:5 �xyv` .:r��•�,��L�r �S'ri ��` 3� �
' '¢ate :'- `r £4 (xR y
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' 114 any obligation of the Grantor contained In this Conservation Restriction,and
which otherwise evidences the.status of this Conservation Restriction.
+�5` (No documentary stamps are required as this Conservation Restriction Is a gl t.)
;8: 3
IN WITNESS WHEREOF,the said Daniel DePiano vad Dolores DePinnoh
hereunto set their hands and seals this._Ja day of_
Y�
Dani 1 DePinno
Dolores DePiano
COMMONWEALTH OF MASSACHUSETTS I G
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o> Middleaex .85. �1 199
Then personally appeared me the above- named Daniel DePiano a Dolwas JA
A
and acknowledged the foregoing Instrument to be his free act and deed. DePiano
/lWtary Public John K. Leal
�My Commission ExpiresJune 29, 1995
The Town of North Andover Conservatlon Commission hereby accepts this
Conservation Restriction and agrees to be bound by Its terms.
§fit: North Andover Conservation Commission
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���" ...�-��x�`s"`v�"��,d"--.F,>x^i'� �-i��.3. er ��r•��-y''��'"4'�S�';� "�,Y-�tS v 'l-<'er.y,}�� ts..x.�sr._�+���,t� ��£��•"�,�ytr - !F
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APPROVAL BY SECRETARYS
The undersigned Secretary
Commonwealth of the Executive Office of Environmental Affairs of the
Restriction has been approved as Massachusetts hereby certifies that the foregoing Conservation <
j being in the public interest
General Laws Chapter 184,Section 32. Puant to Massachusetts =
Date;
<,
Scant
Environmental utive Office of .}v.
Affairs
-
EXHIBIT "A"
That portion of thero ert
Sideri and Joya Sideri to Daniel vDePiano andeyed bydDoloresfromaDePianJ.
o, r
dated August 23, 1991, and recorded at the North Essex Registry
Of Deeds at Book_� , Page ,
shown on a plan entitled "Planas is within the wetlands as
Scale 1" q0� of Land in North Andover, Mass,,
date: August 11, 1986
Joya Sideri by Andover Consultants, Inc."spared for Warren J. &
at said Deeds as Plan No. 10519. which plan is recorded
More particularly being that '
Southerly and Westerly of thePortion of the property which is
Plan. �8 OF WETLANDS" as Shown on said
Recorded Jan,23,1992 at 3:39211 #2008
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OF N�ATp �
KAREN H.P.NELSON D Town of 120 Main Street, 01845
Director (508) 682-6483
= ' NORTH ANDOVER
BUILDING
CONSERVATION CMUetDIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 17, 1992
Daniel & Dolores DiPiano
316 Great Pond Road
North Andover, MA 01845
Dear Mr. & Mrs. DiPiano:
It has come to the attention of the North Andover
conservation Commission that tree cutting and clearing has
occurred on Lot B Great Pond Road. As you are aware, this
project, was the subject of a permit issued by the North Andover
Conservation Commission in 1990.
Most of this lot is in the buffer zone of a wetland which is
a tributary to Lake Cochickewick. Therefore, any clearing of
land or cutting of vegetation requires a permit from the
Conservation Commission and perhaps the Planning Board.
Please cease any activity that is presently underway and
contact the Conservation Administrator and Chris Huntress, the
Town Planner, to determine what regulations apply to such
clearing. Thank you for your anticipated cooperation.
Sincerely,
Richard P. Doucette
Conservation Administrator
Town of North Andover
cc: Karen Nelson, Division Director
Chris Huntress, Town Planner