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Miscellaneous - 49 EQUESTRIAN DRIVE 4/30/2018 (2)
Town of North Andover Office of the Conservation Department Community Development and Services Division 400 Osgood Street SACNUS North Andover, Massachusetts 01845 Telephone(978)688-9530 Alison McKay Fax(978)688-9542 Conservation Administrator May 12, 2005 Wilfred Welsch 1507 Salem Street North Andover, MA 01845 RE: Emergency Certification—49 Equestrian Drive Dear Mr. Welsch: Enclosed is an Emergency Certification Form issued by the North Andover Conservation Department permitting the installation of a water flow device at the above referenced property by the hired professional installer, Kurt Kefferstan. Installation of the water flow device was in response to your concern that the flooded waters would pose a threat to your septic system. The Board of Health and the Conservation Department conducted an inspection as a result of your concern and observed that the septic pipe and sleeve were already under water. Therefore, the Board of Health determined that the flooding problems are a threat to human health and safety and has issued a 10-day emergency permit to immediately alleviate the threat. If the problems are not alleviated over the next 10 days however, you may request in writing for a 10-day extension permit. Please feel free to contact me if you have any further questions or concerns in this regard. Sincerely, ison E. McKay Conservation Adminis rator CC: Board of Health DEP DF&W BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. Emergency Information Important: Issuance From: North Andover Conservation Commission When filling out Issuing Authority forms on the 49 Equestrian Drive computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the To reduce and alleviate flooding impacts to an existing septic pipe&sleeve associated with a septic return key. system. The pipe&sleeve were observed to be under water at the time of the inspection. 3. Applicant to perform work: Wilfred Weslch 4. Public agency to perform work or public agency ordering the work to be performed: Kurt L. Kefferstan 5. Date of Site Visit: Start Date: End Date*: 5/12/05 5/12/05 5/22/05 *no tater than 30 days from start date or 60 days in the rase of an Immediate Response Action approved by DEP to address an oillhazardous material release. 6. Work to be allowed*: Installation of a water flow device in the location as determined by the Board of Health and the Conservation Administrator to reduce and alleviate flooding impacts to an existing septic pipe and sleeve associated with a septic system. *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Sig �Ires: Cr A-e 5/12/05 Chairman(or designee) �;niSTrK +� Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Fmwmwnty(A-.Mifinatinn Pane 1 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 C. General Conditions 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 Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal,state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency,shall require the filing of a Notice of Intent. 5. 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 Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without extension by the Issuing Authority. D. Special Conditions Maintenance of the pipe by Kurt Kefferstan or other qualified water flow device installer E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification;denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth,the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Fmmmmn"C.wrlrfi mfinn Penn 9&2 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 7 — Extension Permit for Orders of Conditions 242-982 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General, Information Important: When filling out 1. Applicant: forms on the Wilfried Welsch computer,use Name only the tab key to move 1507 Salem Street your cursor- Mailing Address do not use the North Andover MA. 01845 return key. Cityrrown State Zip Code 2. Property Owner(if different): Beachwood Builders, Inc. Name �. 350 Massapoag Ave. Mailing Address Sharon MA. 02067 Cityrrown State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: October 20, 1999 Date for work at: 49 Equestrian Drive 105D 145 & 146 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North Instrument#40393 County Book Page Certificate(if registered land) is hereby extended until: October 20, 2004 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): August 28, 2002 Date Issued by: North Andover Conservation Commission wpaform7.doc•rev.12/15/00 Page 1 of 3 • H LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Numb( WPA Form 7 — Extension Permit for Orders of Conditions 242-982 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEI B. Finding Information (cont.) This Order of Conditions Extension must be signed by a majority of the Conse on Commission and a copy sent to the applicant and the appropriate DEP Regional Office(see endix A). Signatures: _)4c On hC� Of 0cJA r x,003 Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledg( that he/she executed the same as his/her free act and deed. Notary Public My ComMissiorylExpires C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work,to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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..ln the case of recorded land, it shall be noted in the Registry's Granter Index unde the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. wpaformTdoc•rev.12/15/00 Page 2 o LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Numb' WPA Form 7 — Extension Permit for Orders of Conditions 242-982 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE C. Recording Confirmation (cont.) To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-982 Project Location DEP File Number has been recorded at the Registry.of Deed of: County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 c the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number signature of Applicant wpaformTdoc•rev.12/15/00 Page 3 o Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Appendix A — DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe • Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby 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 Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Welffleel 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 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom 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 wpaform7.doc•Appendix A•rev.9118103 Page 1 of 1 x / 10-DAY EMERGENCY BEAVER OR MUSKRAT PERMIT f Name: �S'Tir/ Permit No.Address: ��----Authorized Agent Name(if applicable): Complaint Location: In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee(s) above named may immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to the regulations promulgated by the Division of Fisheries and Wildlife (see back). (b) the breaching of dams, dikes, bogs or berms, so-called* �mploymg any non-lethal management of water-flow devices* *In cases where option(s)b and/or c are specified,the applicant must appear before the local conservation commission to obtain an emergency certification regarding specifications for breach size and/or water-flow device installation in accordance to M.G.L. c. 131, s. 40 (Wetlands Protection Act) The Board of Health has determined that said beaver or muskrat problem poses a threat to public health or safe stated in M.G.L. s. 80A. , --� Specify: 12 Board of Health Official Name: Board of Health Official Signature s Date: The above signature validates this permit for 10 consecutive days from the date shown for option (a) only. If the permittee chooses options(b) and/or(c), he/she must return to the Board of Health for a final signature after obtaining an emergency certification from the conservation commission. Please attach the emergency certification to this permit and return to the Board of Health for final approval. (See Back) C:\My Documents\Animat\2001\BEAVER FORMS OCT 2001\1ODay Emergency Permit.doc FRAM ANDOVER WATER SHOP FAX NO. : 978-623-8392 May. 12 2005 11:54AMm P2 BEAVER OR MUSKRAT CONSENT FORD Consent Fdrdd ,/ I give permission for I t yT C Fi�S j 31,� to amass ranS'ptopextY fOz Clx purpose of'allervluft atbreaet to p4b&boa&and Wety posed by begin or rzskret,as d&Anr hind by the Board of . __1(. �L S-- J GS` UPropatyawns rate �NPc"0�� Address t W cr9��`l 219- Arg oda qT9 - �;-S "F 06 as' Daytime TeL# Eves TeL# Con��at_Fs�rm I give xm"on for to aw ProPeft3'for the Pwpose ofalkA#bg a thtt+Fd to public health aW salty poured by beam or mwjag.as determined by the Bond of Iib. Signature 00toperty►Qww hate A.ddrrss' Daytime Tel.# Evmft Tel.# Claw Form I t permission for to seem my mperly for the pttlpose of elkwist3ag a threat to pttblio bealth and saALY posed by bea w or=d at,as debmimed b9 the Hoard of Heady, Sigttatme ofproperty Owner Daae Ad&iw— Daytane Tel.# Eve�g TeL# c'ft oe11"018i—ntoolweAM FOA%*wr=16aw ssancran dee FROM ANDOUER WATER SHOP FAX NO. : 978-623-8392 May. 12 2005 0e:26AM P2 HEALTH 97�6:18947E pYT-ra MATaAG ry ON FOR x Q AFFLICATT � ' Ax BTAT Fde Of appkeahle):� TD BrUED OUT BY ApPLICANT - pS-- 1:� c sc Data: a - Tow>L. Evcnool8 To'.# Daytiun Tal.# ST A Ageat Name: (if Vplicable) C.omplama Lveatian: _ n `v `'r G TCi P-QsA v n Yes. No-- Don't 91ow: Is the problem entirely ori your prapart5 oonsart farms fro,,,,all Nott: Xf the problem does 120t occur'i 001 on the applicatYt's p PtrtY� other prop V owxters.must be obtaa,rd,. Complaint Coli@ilia$: Check al+propKi0 e box and provide detailed des""60n of the perceived threat to public health and qty Flooding of driakmg water WCC o Flooding of septic Vmlli ar sewer 6c' Modiag of pubk or pilvate way ox driveway h _ To - tistALt_ VCi� YC4.rtuc� + M ti Flooding of a utility slracture such as an eleGtcical or ca=M4irati01'1611i 'y_. Flooding of a budding C:Wy rAG=cMWARtW1AUD V4mva PUM M"liou 0 ft 100HY90PROM rMtt doa SSlrx n I 05/1l/�905 98.39 9786BB84rb Flboft POWs t tbnit of mbsU06d 1Muty dame .MW W. S which ptemu normal go=hn sl use of lead I authorizes the gM or his d*=ft a8 Ufdder 0.�. 131, Atha� aad s�Y by ene Or more of the Mowivg apciaas-I to im udist*rmw# �, f*r*e takcg of beaver'or ►SAM to segtil'01"; I of fixe usa of coxdbeat r bw=aadlor(o)cmPbylbg O9 .i l menu (b)the breaehin6 for 10 dw fmm the date of issuo. watcr-ttow dcviacs.'Tbe cmwgtcF-Y the aba�ve iei A1ion tt lid correct to the befit of my lggaWlede i[certa ► --I Z -dS-- Siga dm of,-tp • ••d' r r.r w-. w.. r - -------r---- CONMVAT[ONDOA1l� T ms sac rm m MR Cow=o xr i A vsR t Aran sloe vbWt by Sealtb: Dabs ,Approved.,-, Pm3it Denied,,_. � ..• Victor$ice Site visit by Commvatio»: Dstta,_- nt : Conservation Commission AppicidW Pmq : Yes-.,._ N° ghado�ga B�recomma�da�tiooe: " Neta:optuons(b)and/or(c)above roq m solmm d to get North Azo O=CO bD Comcomon apWmd prior to omb work in amrdaace with the WaWnds Protectiort Act. CftIDa rA*md&ICOx1ftWFoee % WkIllenfit10f)q PWM4AI a sslo� Ed WH9z:eo S00z zS 'F?W z628-2z9-8Z6 DN XtiJ dOHS a3lkifl �13flOQNd WOaJ FROM ANDOVER WATER SHOP FAX NO. 978-623-8392 May. 12 2005 11:54AM P1 �or� � Npov�lZ� 1 err, (Z ST q rJ c�vcr� Dec�e�c� qucSTRA,a p2 1 Massachusetts Department of Environmental Protection 'OE P File Number. Bureau of Resource Protection— Wetlands WIPA Form 5 - order of Conditions 242-982 � for DEP use only Massachusetts Wetlands Protection Act M.G.L. c. 131 40 and North Andover Wetland Protection Bylaw.. 13Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER August 20, 1999 cozffvalon C0IMMSSM Date For: The public hearing was closed on: 242-982 . October 6, 1999 PVJea File NomCe^ Date To: Title and Date of final Plans and Other Documents: Wilfried Welsch Sho t Appliarr Narne 1507 Salem Street No th Andover, MA 01845 V a �a �Vulu 5 ��gg �z�-v g10-1�� Fate LO code The project site is located at NORTH ANDOVER C#IT— +' 105-D ' ' 145 & 146 Ame=AtwP!atY - Parc_,Aot/ and the property is recorded at the Regisirj of Deeds for. Essex 2068 91 Courcy. Book P39e cetlffcte((1E9S&e kw) U Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission finds that the he following conditions which are necessary,in accordance area in which work is proposed is significaig'to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in 1 blic Water Supply accordance with the Notice of Intent referenced above,the ( . ate Water Supply following General Conditions,and any other special C�( roundwater Supply conditions attached to this Order.To the extent that the Flood Control following conditions modify or differ from the plans, ❑L nd Containing Shellfish specifications,or other proposals submitted with the Notice a"evendon heriesof Intent.these conditions shall control. orm Damage Prevention of Pollution �.�A , fir!y V otection of Wildlife Habitat Massachusetts Departimnt of Environmental Protection _ Bureau of Resource Protection- Wetlands •242-982 Form 5 - Order of Conditions � and North Andover Wetland Massachusetts. Wetlands Protection Act M.G.L. C. 137, §40 Protection Bylaw. findings (cont.) debris,including but not limited to lumber,briccs,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,.or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act of recorded land.the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CARR 10.05(b)(c). Commission on the form at the end of this Order,which Form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or,modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any (or,"MA DEP"] "File Number exclusive privileges;it does not authorize any injury to 242-982 private property or invasion of private rights. Pmjert File NumDe 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,ordnances, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation I Commission shall be a party to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either of the following apply: 11.Upon completion of the work described herein,the applicant (a)the work-is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Act;or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the,extention date and the special circumstances warranting\tie extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed) Order. �)A S-howin u od& � IS stem 5. This Order may be extended by the issuing authority for rale one or more periods of up to three years each upon e1&_ q Q l� �7 9 application to the issuing authority at least 30 days prior to oared c the expiration date of the Order. L h �l t rlS S AAA e 110/A ytiS to 6. Any fill used in connection with this project shall be clean {sign and stampe_^:? fiil. Any fill shall contain no trash,refuse,rubbish, or t_v On rile aim Massactrusem Oeparawnt of Environtmrrta!Protection Bureau of Resource Protection- Wetlands 242-982 WPA Form 5 - order of Conditions and and North over Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. 13 Findings (cont.) Findings as to municipal law, bylaw,or ordinance 13.Any changes to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation NORTH ANDOVER Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. consefWaonCJmmisscn hereby finds(check one that applies): 14.The Aaent or members of the Conservation Commission and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. Name ane cn.vrw=-Nlaw.bylaw,crcrainance 15.This Order of Conditions shall apply to any successor in Therefore.work on this project may not go forward unless and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these this Order and to any contractor or other person perform- standards,and a final Order.of.Conditions is issued. ing work conditioned by this Order. 16.Prior to the start of work.and if the project involves work Q'that the following additional conditions are necessary to adjacent to.a Bordering Vegetated Wetland,the boundary of comply with a municipal law, bylaw,or ordinance,.specifi- the wetland in the vicinity of the proposed work area shall �n cally be marked by wooden stakes or flagging. Once in place, Up.1-7 d{ -h,t 14.01 A!" 6U'&YL the wetland boundary markers shall serve as the limit of NameJnetaarmndmurra atia.bylaw,crcrdirance work(unless another limit,of work'line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed in accordance with the said additional conditions and with cion. the Notice of Intent referenced above: To-the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegetation or other means. At no time shall sediments of Intent the conditions shall control. be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the - Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance immediately control any erosion problems that occur at the site and shall also immediately notify the Conservadon -t Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Special Conditions(Use additional paper-if necessary) �-i �-T10.Ci�P pL C lYt�`i->li dhS DEP FILE #242- 982 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 by to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section Vlll (8)(p.33) of the North Andover Wetland Regulations). 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. CAWinword1000242-982.doc 1 NACC 10/22/99 DEP FILE# 242- 982 24.Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25.The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the:property. 26.The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27.LIMITED PROJECT: 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). 28.The proposed work includes: Construction of a single family home, driveway crossing (existing), utilities, septic system, grading and necessary appurtenances within the Buffer Zone to a Bordering Vegetated Wetland (BVW). Temporary alteration of the BVW consisting of 450 s.f. is necessary for construction of the septic system piping. 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: Merrimack Engineering, Services, Inc., representative Wilfried Welsch, applicant Dated August 20, 1999 Site Plans prepared by: Merrimack Engineering, Services, Inc. dated July 5, 1999, REV 9/27/99 Entitled "Plan Showing Subsurface Disposal System" Signed and Stamped by: Stephen Stapinski, RPLS and Daniel Koravos, P.E. CAWinword\00C\242-982.doc 2 NACC 10/14/99 DEP FILE # 242 - 982 Wetland Restoration Wetlands Preservation, Inc. dated Report prepared by: August 3, 1999 included in NOI. 30.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). 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 thes&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 at the existing wetland crossing and the pipeline connecting to the septic system which is temporary disturbance. 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. 33.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34.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. CAWinword\00C\242-982.doc 3 NACC 10/14/99 DEP FILE # 242 - 982 35.The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other--form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 36.The NACC finds the applicant's proposal for 450 sq. ft. of wetland restoration to be adequate. The restoration areas shall be constructed immediately following the disturbance and this sequence shall be reflected in the construction sequence. (Refer to Section 111(E)(4)(page 18) of the local Regulations for performance standards). 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. PRIOR TO CONSTRUCTION 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. CAWinword1000\242-982.doc 4 NACC 10/14/99 DEP FILE #242- 982 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 Department of Environmental Protection, File Number 242-982. Expiration date=-----." 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 zdays 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. 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 sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 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. CAWinword\00C\242-982.doc 5 NACC 10/14/99 DEP FELE #242- 982 45.A row of double 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.-Cesult 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. 46.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 extra 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 ithe.Town of North Andover shall be provided in the amount of$4,350($3,000=home, $1,350 = restoration @ $3/s.f.)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. 48.The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 49.The applicant shall stake out the foundation corners prior to construction for projects including, but not limited to, single family homes, additions, decks, pools, etc. CAWinword1000\242-982.doc 6 NACC 10/14/99 DEP FILE # 242 982 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 "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. 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 of the pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 52.IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 53.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. CAWinword\00C\242-982.doc 7 NACC 10/14/99 DEP FELE # 242- 982 54.The proposed 2° S.D.R. 21 PVC pumpline for the subsurface disposal system shall be contained within a 4" SCH. 40 pert. PVC sleeve at the wetland crossing as depicted on the Plan of Record dated 7/5/99, REV 9/27/99. The sleeve shall be properly anchored to prevent buoyant uplift. The 2" line shall be pressure tested in accordance with the sewer department standards. 55.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 Commissionjor approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 56.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. 57.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 58.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. 59.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 60.After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4' of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 61.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource,area. 62.All waste generated by, or associated with, .the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters CAWinword\OOC\242-982.doc 8 NACC 10/22/99 DEP FILE 9-242-982 63.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64.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 65.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. 66.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. 67.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 letter from a qualified wetland biologist stating that the wetland restoration area is successful per the Town of North Andover's CAWinword\00C\242-982.doc 9 NACC 10/14/99 DEP FELE#242- 982 Wetlands Protection Act and Regulations, Section III (E)(4)(B), page 18. i. A written statement from a Registered Professional Civil Engineer and 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. j. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "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. 68.The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242- 982. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition #64); ➢ Prohibition of underground fuels (Condition #65); CAWinword\OOC\242-982.doc 10 NACC 10/14/99 - DEP FILE #242- 982 ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions#66). CAWinword\0001242-982.doc 11 NACC 10/14/99 DEP FILE #242-982 APPENDIX A -AFFIDAVIT � on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. Wor 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 8 i 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 8 4. 1 hereby affirm and acknowledge that on this day of 19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 8 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) CAWinword\00C\242-982.doc 11 NACC 10/14/99 ! Massachusetts Department of Environmental Protection Bureau of Resource Protection— Wetlands 242-982 WIPIA Form 5 - Order of Conditions ` and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, §40 Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions R4, 20th from the date of issuance. October 20, 1999 day of Dire October MOW) -- This Order must be signed by a majority of the conservat.N 1999 commission.The Order must be mailed by certified mail rem (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same Albert P. Manzi, Jr. time to the appropriate regional office of the Department of Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. ^v�_4�53i;�2r NaalPut6c December 11, 2003 My cvmmrssron erpnes This Order is issued to the applicant as follows: ❑ by hand delivery on Dare , ❑ by cpKii mail,rare,on October 25, 1999 lJ�re Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject,to.this Order,or the Order which is being appealed and how the Order does not arty ten residents olthe city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of-Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. 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/sr--is not the aopellanc. Massachusetts Department of Environmental Protection _- Bureau of Resource.Protection- Wetlands 242-982 V11P� Foy 5 - Order of Gardii©tis and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw. Recording Information This Order of Conditions must be recorded in the Reoistrj 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 Registrj'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 shall be submitted to the NORTH ANDOVER consawlan commission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. To: Corm-Varion commission Please be advised that the Order of Conditions for the project at Flvjea taaxion O£PRe Number has been recorded at the Registry of Deeds of Canxy and has been noted in the chain of title of the affected property in gook p in accordance with the Order of Conditions issued on dare If recorded land the instrument number whieh'identifies this transaction is lnsouma t Numbe If registered land,the document number which identifies this transaction is Daa:mx�tLmce- Sivan�e of a p;lic�r n_.. ...,.... n...... c -Cc Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-982 tri Appendix E - Request for Departmental Action Fee Transmittal Form and North Andovr Massachusetts Wetlands Protection Act M.G.L. c. 737, X40 protection Bylaw Wetland Please type or print clearly all am Request Information information requested on this form. 1. Person or parry making request(if appropriate, name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address .� MailingAd&W Crry/Tam G11YIT n 9are Lp Code share Zip Cede Plane Number Ph"M ober fax Number 61 applioble) fax Number#1w#=b1e) Project Location: DEP File Number: SItwAd&= Cir 17— Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly'and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for S50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to: 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regionaloffice as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. WiF,L-sc�-( ?.� cDoxil uo. AjmDogeW, ,AAA isj-"c-rugAL Ot