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HomeMy WebLinkAboutMiscellaneous - 56 MONTEIRO WAY 4/30/2018 (3) i i i i Of 4NORT.,� V 7 V �! . O ♦s, :i Town of North Andover HEALTH DEPARTMENT S�cHust CHECK#: 56 V�!5 DATE: 411(0/ 1 LOCATION: H/O NAME:_ r . CONTRACTOR NAME: i S Type of Permit or License:(Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ i ❑ Septic-Design Approval $ I ❑ Septic Disposal Works Construction(DWC) $ i ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ 1 ❑ Title 5 Report $ Other. (Indicate $- -�— i Health Agent Initials i White-Applicant Yellow-Health Pink-Treasurer MERIDUN ASSOCIATES,INC. 050705 town of North Andover Check Number: 560705 Date: 4/16/2014 Check Amt: $100.00 Tran # Invoice Type Date Reference Balance Discount Pay Amount 18889 04162014 Invoice 04/16/14 Trench Permit Fee $100.00 $0.00 $100.00 r TOWN of NORTH ANDOVER Permit Number 7 5�' NORM ANDOVER,MASSACHUSETTS 01845 Date Issued Ll f s r Expiration Date i� Jackie's Law — Permit Application Pursuant to G.I.. G 82A §A and 520 CMR 7.00 et seq.(as amended) Tm pnmrr MUST m FULLY Compo IRD PRIOR TO comm RAnoN Name of Aunt CC(z0evee44N K�org ¢ Phone Ceti StredAddraee S6 e�1rQ a�'� @4i7�a3 Cit raven MA IM APw%A,ad a iTim :-I � ncora N&MASA. 1`�. o��� rr� (men eras C�..,�- � none a�3 0"A CA �q1-7 1 CI(, S-}- Cityfrown MA UP M aCaz� M0, a )0,1-11 Name of Owners)of Property SAS Phone cea Street Address Cltyll'own MA I ZIP Other Con et Permit Fee Reedved Y Description,loeatlon and purpose of proposed trench: Please deserbbe the exact location of the proposed trench and Its purpose(include a description of whet is(or Is Intended)to be laid to proposed wench(qp plpsaJcable Ines etc-)Please ase reverse side if additional space b needed. 56-d d4QS4%,vN3 H®sarame Certificate M. 1 Name and Contact Information of insurer-.. eonctcor&b ::�S �. ctc,�'S (01'1 — `-{24- ►ZbO re—Key Expiration Date: af 770 1 Dig Safe#: jot 41tQ441q Name of Competent Person(as 520 CMB 7.62): — �c-;))c) Massachusetts Holsting rhonso q Liceaae Grade: n Detm7J V H BY SIGHTN G TRIS FO RM, TITS APPIdCANT, OWNER, AND EXCAVATOR ALL ACIUMwLgDGL AND CMTIFY THAT THEY ARB FMaUAR Wi'TB, OR, BEFORE COMMENClMW OF THE WORK. WML BECOME FAM0,1AR WPIC ALL LAWS AND REGULATIONS AMUCABLE TO WORE PROPOSED,M*CLUDIiG OSHA REGGULATION%G.L e.SIA,S26 CMR 708 st seq.,AND ANY APPLICABLE MUrIICipAL ORDiNANM BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGM THAT ALL WORK DONE UNDER TU PERMIT MUM FOR SUCH WORK W LL COMPLY wlll=MUU IN Ate,RESPECTS AND VRM TM COMMONS MM FOR=BELOW. T=UNDIdR CHC OWNER AUTHORT=THE APPLICANT TO APPLY FOR THE PA3UNN AND THE UCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF '= OWNER, AND ALSO,FOR THE DURAT[ON OF CONSTRUCT[ON,AUTHOMM PERSONS DULY APPMM BY THE MUNICMAUff TO ENTER UPON THE PROPERTY TO MONITOR AND DWFCr THB WORK FOR CONFORMITY WITS THE COMMONS ATTACHED UMWO AND THE LAWS AND REGULATIONS GOVERING SUCH WORK. THS UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO RR1>MIBURb" IM MUMCWAUWV FOR ANY AND ALL COM AND EXPENSES INCURRED BY TM MUMCIPALITY tN CONNECTION WM THIS]Pnwr AND THE wom CONDUCTED THEREUNDER,IriCWDIIVG BUT NOT IdMIZBD 1Y11"ORCWG TBE RFQUIR6MM9 OF STATE. LAW AND COMMONS OF THIS PERMIT,INSPECTIONS MADE To ASSURE COMPLIANCE TBS,AND MEASURES TAKEN BY TILE MUNWIPALIIY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FARED TO COMPLY 1'TIBRBWYIS INCLUDING POLICE DETAILS AND O'I2 M RBMEDLlL MEASURES DL+FAM NBCE&SARY BY THB MUNICIPALITY. TRR UNDERSIGNED APPUCANT,OWNER AND EXCAVATOR AGRU JOWR.Y AND SZVRRALLY TO DEFEND,INDEMNIFY,AND HOLD HARMLIM THE MUNICIPALITY AND ALL OF rM AGEM AND RMPLOYM FROM ANY AND ALL LIABII M,CAUSES OR AC'T'ION,COSTS,AND E WEN= RESULT[NG FROM OR ARISDVG OUT OF ANY INJURY, DEATH, LOSE, OR DAMAGE TO ANY PERSON OR PROPERTY DURING TM WORK CONDUCTED UNDER TATS PERMIT. APPLICANT SIGNATURE ch vD EX VASI TURF(IF7DIFF)rREN'T') DATE f OWNER'S SIGNATURE(IF DUTER ENT) DATE: 21Page = Fir C, :; itela [crt wterlrss+actatiir - = y � I'sif�.lt 'Hate � , ArPlj+eaik�4n ' e'� - CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended) By signing the application,the applicant understands and agrees to comply with the following: i. No trench may.be excavated unless the requirements of sections 40 through 40D of chapter 82,and any accompanying regulations,have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including,but not limited to,the establishment of a valid excavation number with the underground plant damage prevention systemstem as said system is defined in section 76D of chapter 164(DIG SAFE); il. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws,an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CFR 1926.650 et.seq.,entitled Subpart P"Excavations". iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced; V. By applying for,accepting and signing this permit,the applicant hereby attests to the following:(1)that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2)that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CMR 1926.650 et.seq.,entitled Subpart P"Excavations"as well as any other excavation requirements established by this municipality;and(3)that he is aware of and has,with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application,complied with the requirements of sections 40- 40D of chapter 82A. vi. This permit shall be posted in plain view on the site of the trench. For additional information please visit the Department of Public Safety's website at www.mass.goy/dps 3 1 P a g e A CERTIFICATE OF LIABILITY INSURANCEF /14/2014 4ATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael Bonacorso NAME: Bonacorso Insurance Agency, Inc. PHONE 1781)273-3200FAX (781)273-0600 83 Cambridge Street EMAILApDgEss:mike@bonacorsoins.com P.O. BOX 1502 INSURERS AFFORDING COVERAGE NAIC# Burlington MA 01803 INSURER A:Re ublic Franklin Ins. Co. INSURED INSURER B: A F Pacillo General Contracting, Inc. INSURER C: A F Pacillo Leasing Corp. INSURER D: 196 Essex Street INSURER E: Middleton MA 01949 INSURER F: COVERAGES CERTIFICATE NUMBER:2013 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL BR POLICY EFF• POLICY EXP LTR POLICY NUMBER MMIDD/YYYY MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMDAMAGE T RENTED PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE ❑X OCCUR PP 4672928 /1/2013 7/1/2014 MED EXP An one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PROi F LOC $ AUTOMOBILE LIABILITY EOa aB tleD SINGLE LIMIT 11000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED C 4672929 /1/2013 7/1/2014 BODILY INJURYPer accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON OWNED PROPERTY DAMAGE $ AUTOS Per accident Medical payments $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AEXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 4DED I X RETENTION$ 10,OOC CULP 4672931 /16/2013 7/16/2014 $ WORKERS COMPENSATION WC Certificate willWC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YINfollow directly from the E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) Insurance Carrier. E.L.DISEASE-EA EMPLOYE $ Dyes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Meridian Associates ACCORDANCE WITH THE POLICY PROVISIONS. , 500 Cummings Center Suite 5950 AUTHORIZED REPRESENTATIVE Beverly, MA 01915 Michael Bonacorso i ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25l?n1nnstn1 Tho Annon n2ma and Innn ara rania+ararl morlre of Annon Y LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 MTA Form 5 -Orderof Conditions eDEP Transaction#:660251 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. r OOC b.F Amended OOC 3_Applicant Dales& a.First Name KENNETH b.Last Name HEITZMANN c.Organization CHRISTINE NASSIVERA d.Mailing Address 56 MONTEIRO WAY e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4-Property Owner a.First Name KENNETH b.Last Name HEITZMANN c.Organization CHRISTINENASSIVERA d.Mailing Address 56 MONTEIRO WAY e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5_Project Loon a.Street Address 56 MONTEIRO WAY b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 60 e.Parcel/Lot# 146 f.Latitude 42.67338N g.Longitude 71.115671W 6_Property me ded art the Relpsiy of Deed for a.County b.Certificate c.Book 4.Page NORTHERN ESSEX 11049 293 7-Does a.Date NOI Filed: 5/20/2014 b.Date Public Hearing Closed: 6/11/2014 c.Date Of Issuance: 6/13/2014 SJ'mal Approved Pians ad Odwr DoeumenN a.Pian Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: 56 MONTEIRO WAY,PERMIT SITE ASSOCIATES IIAT.ES MICHAEL NOVAK,P.E. 06/05/14 1"=20' PLAN OF LAND B. Findings lXbwlings pursmut to ilhe Mamachusaft Wedauds Protection Act Page 1 of 9*ELECTRONIC COPY t Massachusetts Department,of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 A Form 5 _Order of Conditions eDEP Transaction#:660251 (; Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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. i✓ Public Water Supply b. F Land Containing Shellfish c.r Prevention of Pollution d. F Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. F Ground Water Supply h. r Storm Damage Prevention i. F Flood Control Z. her&g firth the p ,as proposed,is Approved subject to: a.r 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.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work m this project may not go forward unless and until a new 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.r 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 ladoing and why it is necessary is attached to this Order as per 310 CMR 1,0.05(6)(c). 3 F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 1 area specified in 310CMR10.02(l)(a). a.linear feet ming RoomyreArm ImpactkffiorApprovals+t7*): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4- T Buk a liam fed hd.Emmfad 5.r- Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet b_ l—Ia dunder Wand Wgtcmmys a.Squaw feat b.square felt c.square feet d.she Ed r-cam dwdgad f-cfy 7.F_ Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Page 2 of 9*ELECTRONIC COPY � T Massachusetts Department of Environmental iProtection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 WPA Form 5 -Order of Conditions eDEP Transaction#:660251 a�3 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a.-gqu=iet la.sqmw fixt Cbb2cFcctFbWSWrW c.minc E6 &cabicfia exubic Rct ICHINcfad 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 CmmW it mvrcc Arra Empar L Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10 f" AagtAicas Indicate size under Land Under the Ocean,below 11.r- Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged L?-F-EknicrBcadcs Indicate size under CCaesW Bezel=aud/arCzast D mes belm 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14 f-GoasalDanes a.sq=C 1bd c sqs Iefwi a c/y nouadmxza d dy 15.r Coastal Banks a linear feet b.linear feet iCa_F Ro&y t l a &d hsquarefeet 17.f Salt Marshes a.square feet b.square feet c.square feet d.square feet 1>��I.a�dibnilalPw¢�S i elet tl sgaatzfed c-clydrd-c7y dradgcd 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Page 3 of 9*ELECTRONIC COPY M Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 SPA o.ra<n -(Artier of�ntit ®i1S eDEP Transaction#:660251 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER EmfficEft size ;CAmsWLl iira,laudBaalLandLJndadw 20-r-1Fish Rom Omma amdkw imbnd Lam Lbw Wag mbodis=d Wa mway& above c-cfy dlradgcd d-cfy 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22- r- 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, 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, Page 4 of 9*ELECTRONIC COPY � R Massaebusetts Department of Environmental Protection Provided by MassDEP: y r Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 eDEP Transaction#:660251 �AI+'�oran 5-Order of ConditionsCity/Town:NORTH ANDOVER 'l Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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:"242-1624" 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(WPA 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) F is not(2)F 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 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 Page 5 of 9*ELECTRONIC COPY � t Massachusetts Department,of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 WPA Form 5- Order of Conditions eDEP Transaction#:660251 1 tl Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Standard 10;iv.all post-construction stormwater BMPs 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 O&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 parry 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 party shall operate and maintain all stormwater 13MPs 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 Plana roved b q PP Y the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) 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 BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: Page 6 of 9*ELECTRONIC COPY r 7 I Massachusetts Department of lEnvivonntental Pr-otection Provided by MassDEP: �? r Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 Form -Or Of�Ilt ©i1S eDEP Transaction#:660251 IPA City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 D. Findings Under M, unicipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?F 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. 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 Page 7 of 9*ELECTRONIC COPY T Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1624 eDEP Transaction#:660251 �A Form 5-Order Of'C©�idib0'ils City/Town:NORTHANDOVPR ik Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified 3 L� pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Orig' al Order Order expires on the same date as the original Order of Conditions. 11 Please indicate the number of members who will sign this form.This Order must be signed by 2 Numbed 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: I- by hand delivery on FtXy certified mail,return receipt requested,on - 6//.�/,-)6 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. Pag,- �- of i? 'ELECTRONIC COPY ' T Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1624 WPA Fenn 5 -'girder sof Conditions eDEP Transaction 4:660251 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER a 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: 56 MONTEIRO WAY 242-1624 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner KENNETH HEITZMANN 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 9 of 9 ELECTRONIC COPY DEP FILE#242-1624 Therefore, the North Andover ConservationCoinmission (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: demolition of in-ground pool coping and patio. New coping and new larger patio are proposed. The work also includes replacement of the existing pathway with stepping stones and an existing retaining wall with a new block wall. All work is within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW). Portions of the new patio are within the 50-foot No-Build Zone. A waiver was approved. Mitigation for the additional work includes a buffer zone restoration planting plan and permanent markers at a modified No-Disturbance Zone. A rain garden and infiltration chamber will be installed to mitigate for the increases in impervious area. Fence relocation and removal of a gravel playground area are proposed. 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: Kenneth Heitzmann Christine Nassivera 56 Monteiro Way North Andover, MA 01845 Representative: Michael DeRosa DeRosa Environmental Consulting, Inc. 2 Central Street; #5 Ipswich, MA 01845 Site Plans prepared by: Meridian Associates Titled: 56 Monteiro Way, Permit Site Plan of Land Located in North Andover, Massachusetts Dated: April 24, 2014 Revised per Commission Comments: 06/05/14 Signed and Stamped by Michael Novak, P.E. 242-1624,56 Monteiro Way OOC Special Conditions 1 NACC 6/13/2014 DEP FILE#242-1624 Other Record Documents: Operation and Maintenance Program for A Proposed Stormwater Management System located at 56 Monteiro Way Date: May 14, 2014 Supplemental Information:Changes to Plan and Detailed Mitigation Plantings Date: June 6, 2014 Prior Filings: DEQ'File #242-1312 COC Issued: 2/27/08 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 riot 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. 242-1624,56 Monteiro Way OOC Special Conditions 2 NACC 6/13/2014 DEP EPEE#2424624 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 thir days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 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- 1312 retaining wall construction and other activities. A Certificate of Compliance for the filing was issued on February 27, 2008. 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. 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on site (Al - A6 & B1 - B5 after flag B5 the wetland follows the new (proposed) fence line) as shown on the plans dated referenced herein. 35. 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 and those approved under the approved waiver request. 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). 36. The applicant's mitigation proposal to restore the No-Disturbance Zone (variable width) is acceptable to the NACC. The new No-Disturbance Zone will be 242-1624,56 Monteiro Way OOC Special Conditions 3 NACC 6/13/2014 DEP FILE 9 242-1+624 monumented by posts with wetland markers. The area will be planted in accordance with Figure 2: Planting Plan with the "Supplemental Information" referenced herein. Plantings will be monitored for two growing seasons (fall and spring two years) with a monitoring 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. Invasive species will be removed as needed. 37. 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. 38. 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 39. 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. 40. 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. 41. 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 DPP, File Number 242-1624." 242-1624,56 Monteiro Way OOC Special Conditions 4 NACC 6/13/2014 + I DEP FILE#242-1624 42. Any other changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Carder of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 43. 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. 44. 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, demolition, patio installation, wall construction,fence relocation, planting and final stabilization. 45. Wetland flagging shall be checked prior to start of construction and shall be m- 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. 46. Filtermitt (12" minimum) or other erosion control approved by 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 242-1624,56 Monteiro Way OOC Special Conditions 5 NACC 6/13/2014 DEP FILE#242-1624 required by the NACC,they shall be installed within 48 hours of the Commissions request. 47. The applicant small 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 filtermitt). Said erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. 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. 49. 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. 50. 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 242-1624,56 Monteiro Way OOC Special Conditions 6 NACC 6/13/2014 DEP FILE#242-1624 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. 51. Prior to construction or when the mitigation area is planted, the applicant shall permanently mark the edge of the No-Disturbance Zone 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 markers may be mounted to existing vegetation, the fence, or 4" x 4" pressure treated posts. 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). 52. 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. 53. 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, 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). S'TORMWATER MANAGEMENT CONDITIONS 242-1624,56 Monteiro Way OOC Special Conditions 7 NACC 6/13/2014 DEP FILE#242-1634 54. Water quality in down gradient BVW s shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 55. All stormwater best management practices shall be maintained in perpetuity as specified in the Operation and Maintenance Program for A Proposed Stormwater Management System located at 56 Monteiro Way submitted with the Notice of Intent and incorporated in the Order of Conditions. 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 &-watering regnirements 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 as shown on the approved plan. At the end of each work day,the driveway will be swept to prevent sediment tracking. 60. 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. 61. 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 242-1624,56 Monteiro Way OOC Special Conditions 8 NACC 6/13/2014 DEP ME#2424 624 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. 62. 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. 63. There shall be no stockpiling of soil or other materials within 50-feet of any resource area. 64. 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. 65. 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. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67. 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 68. 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. 69. 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 and the 25' No-Disturbance Zone). This condition shall survive the issuance of a Certificate of Compliance. 242-1624,56 Monteiro Way OOC Special Conditions 9 NACC 6/13/2014 . i DEP FILE#242-1624 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen type (< 5%), phosphorous free 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 survive the issuance of a Certificate of Compliance. 71. 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. 72. 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. 73. 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. 74. 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. 242-1624,56 Monteiro Way OOC Special Conditions 10 NACC 6/13/2014 DEF FILE#242-1624 "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. 75. 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 DFP # 242-1624. 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{Condition#51); Stormwater Maintenance (Condition #55); ➢ Discharge or spillage of pollutants (Condition#67); Prohibition of underground fuels (Condition#68); ➢ No-backwashing into resource areas (Condition#69); Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #70); Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#71). 242-1624,56 Monteiro Way OOC Special Conditions 11 NACC 6/13/2014 DEP FILE#242-1624 APPENDIX A-AFFIDA'VIT 1. on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with.applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am the of {position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DFP 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 (DFP Fite#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 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 (DFP File#) Signed under the pains and penalties of perjury this day of 19 {Signature-authorized agent of applicant or owner) i 242-1624,56 Monteiro Way OOC Special Conditions 12 NACC 6/13/2014 I I s 1 OPERATION AND MAINTENANCE 1PROGR for A PROPOSED STORMW ATER UfAN' AGEMENT, Sof 'EM locatedat 56 ISO IRO WAY ,NORTH, ANDOVERA. MASSACHUSETTS .W I b 2014 'NORTH ANDOW£fl Co WS£RVATION COMISSION Kew H. Heitzman & Ch sbae K Massivera 5.6 Uonteivo Way Nedh A dtovecr, Massadhuseft 04845 Prqmed bar: Metidian Assooiates, Inc. 500 Cknngs meter, ate 5950 iBevedy, MassadimseRs 01'945 {978)299-0447 May 14,2014 2014 PrfUme< 56 Vonteiro Way North Andover, MA Appftafflw. Kenneth H. Heitzman & Christine X.Nassivera 56Nlonteiro Way North Andover, MA paftR o m Male EkntW s O" _ Contractor f, PaTW HespqnsiWle for alilWaww* ` Property Owner ErqsJ"-Ahd-Sediq36ptFAion Coutral Ueasures dam Combucfm AcfWifies Filtermitt will be installed along the down gradient limit of ork as depicted an the Site Construction-Plan. The Filtermitt will-be installed prior to the commencement of any work on-site. An additional supply of Filtermitt shall be on-site to replace and/or repair Filtermitt that is disturbed. The lines of=Fiitermitt shad be inspected and maintained on a weekly basis during construction. No construction activities are to occur beyond the Filtermitt at anytime. Sediment shallbeTernoved once the volume reaches 1/4 to 1/2 the height of the Filtermitt. The surface of all disturbed areas shall be stabilized during and after construction. Disturbed areas remaining idle.for-more than 14 days shall be stabilized. Temporary measures shall be taken during construction toprevent erosion and siltation. No construction sediment small be allowed to enter any infiltration system or formal drainage system. All disturbed slopes will be stabilized with a,permanent vegetative cover. Some or all of the following-measures will be utilized on this project as conditions may warrant. a. Temporary Seeding b. Temporary Mulching C. Permanent Seeding d. Placement of Sod e. Hydroseeding L Placement of Hay g. Placement of Jute Netting Dust sfhall:be controlled at the site. Subs a!oe ldffltrafm FacMes Construction activity above and around the proposed location of the subsurface infiltration facility shall be limited to prevent compaction of the existing soil. Care shall be taken to redirect stormwater runoff from this area to prevent ponding. Installation of this system shall occur under dry weather conditions and system shall be backfilled immediately to prohibit the introduction of fines or other material that would compromise the functionality of this system. smsacs Silt sacs shall be placed in catch basins down gradient of the project/wor-k area to prevent sediment from entering the drainage system. Silt sacs shall be .periodically cleaned while in use and must be cleaned prior to and afterprecipitation event. FLeniavA of and.Eres*win C At the completion of construction activities and after receiving approval from the Town of North Andover, all physical sediment and erosion controls shall.be removed from the site. IILma4em hispecOon and sures alUr Ckwwfrra Eroded sediments can adversely affect the performance of the stormwater management system. Eroding or-barren areas should be immediately re-vegetated. Subsuftace bdUtrafm FadfitV The infiltration system inspections (surface and subsurface) should include inspections following the first several rainfall events or first few months after construction, after all major storms (2-year)., and on regular bi-annual scheduled dates, to ascertain whether captured runoff drains within 72 hours following the event. 'Ponded water inside the system (as visible from the observation well) after several days often indicates that thebottom of the system is clogged. If the water does not drain, then a qualified professional should be retained to determine the cause of apparent infiltration failure and recommend corrective action- Such corrective action should be immediately implemented by the homeowner. If depth of sediment is observed to be greater than 3"then the system should be cleaned. The system should be flooded via:pump truck and water forced::bacak to the upstream cleanout where sediment can be vacuumed out. Grass es-,-!=Area The grass depression area shall be inspected after major storm events, or at minimum twice per year for sediment build-up, structural damage and standing water. Depression shall be inspected for eroded areas and repaired monthly. Littler and debris shall be removed regularly. Diseased vegetation shall be treated as necessary and dead vegetation shall be removed and replaced twice a year (spring .and fall). AM&S UJAIMPedia'4111dy Do=-SUM of SIA"Mocks The grassed areas immediately at the discharge point and down-slope of the splash blocks shall be inspected after major storm events, or at minimurn tuvice per.year. -hese locations will be subject to concentrated flags and therefore-may be.gone to erosion and the formation of "galleys" or channels. Jf any`"gulleys99 or channels are observed, they should immediatelybe repaired by installing sod and-reseeding with grass. These areas shafl-be reseededsuntil a stable groundcover is4establishea_ Debft and ir'Renieval Trash may collect in the.1310-P's,:potentially causing clogging of the facilities. All debr4s and litter shall be removed when necessary, and after eacfi storm event. Sediment and debris collected from vacuuming and/or sweeping should be disposed of at a permitted waste disposal facility. Avoid disposing of this material on site, where it could be washed into the proposed subsurface infiltration systems. PA5566_N.Andover\ADMIN\reports\Stormwater\O&NI PROGRAM.doe INSPECTION SCHEDULE AND EVALUATION CHECKLIST PiRo cT LOCAfiIONi 56 Monteiro Way, Forth Andover Massachusetts W]KATHEIRI thsjiectioh Requii-ed tilspection Follow-up bate hhspectoi- Area thsPected PPequency if PMP Corhiheids Pecoihinehdation hispection Required es/no Filtennitt Weekly and After Major Storm Events Subsurface Weekly and After Infiltration System Major Storm Events Catch Basins-Silt Weekly and After Sac Major Stone Events (1) Refer to the Massachusetts Stormwater Landbook, Volume Ti Storinwater Technical handbook (February 2008) for recommendations regarding frequency for inspection and maintenance of specific 13MP's. (2) Inspections to be conducted by a qualified professional such as an environmental scientist or civil engineer. Limited or no use of sodium chloride salts, fertilizers or pesticides recommended. Other notes: (include deviations from: Con. Comm. Order of Conditions, P13 Approval, Construction Sequence and Approved Plan) Stormwater Control Manager: PA5566_N.Andover\ADMIN\reports\stormwater\O&M PROGRAM.doc R alitft CC�Ns 1ttJ( l'tCiltiT INSPECTION SCIWDULE AND EVALUATION CHECKLIST PROAcT LOCATIONi 56 Monteiro Way, North Andover Massachusetts WEATHER! haspectiok 12equii-ed In'sp'ection Follow-up bate Inspector Ai-ea Inspected Pre4uency if PMP Comments t ecothmendation Inspection kequii-ed Subsurface Bi-annually and After Infiltration System Major Storm Events Areas Down-Slope Bi-annually and After of Splashblocks Major Storm Event Grass bepression Bi-annually and After Area Major Storm went (3) Refer to the Massachusetts Stormwater handbook, Volume Two: Stormwater Technical Handbook (February 2008) for recommendations regarding frequency for inspection and maintenance of specific BMP's. (4) Inspections to be conducted by a qualified professional such as an environmental scientist or civil engineer. Limited or no use of sodium chloride salts, fertilizers or pesticides recommended. Other notes: (Include deviations from: Con. Comm. Order of Conditions, PB Approval, Construction Sequence and Approved Plan) Stormwater Control Manager: PA5566_N.Andover\ADMIN\reports\Stormwater\O&M PROGRAM.doc Massachusetts Department of Environmental Protection Bureau of Resource .Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1312 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 Douglas & Kathleen Keith computer, use Name only the tab key to move 56 Monteiro Way your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Douglas& Kathleen Keith Name June 13, 2005 242-1312 Dated DEP File Number 3. The project site is located at: 56 Monteiro Way North Andover Street Address City/Town Map 60 Parcel 146 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 7832 180 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 2/24/08 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 F Q Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 65 C. Authorization Issued by: North Andover Conservation Commission Dae of I uance 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 Attachme t). Signatures: wpaform 8b.doc•rev.7/13/04 Page 2 of 4 I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1312 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this �7 'h Of FebRox) Day Month Year before me, the undersigned Notary Public, personally appeared 'SC G�� M14 Ss C Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Conservation Commission Eessss� , DONNA M.WEDGE Signature of Notary PublicCOMMONWEOTARY EALi TH OOFPuRA CHUSETTs f7 fhrCMULEt�fMBsAQ.7,2009 Printed Name of Notary Public My Commis ion Expires(Date) Place notary seal and/or any stamp above 4 JCA, -)�4• Signature of Notary Public vapaform 8b.doc-rev,7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1312 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: 56 Monteiro Way 242-1312 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7/13/04 Page 4 of 4 � R Massachusetts Department of Environmental Protection ILI Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernard,ton 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 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfeld Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.2/22/08 Page 1 of 1 r L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Douglas& Kathleen Keith use the return a.First Name b.Last Name c.Company key. 56 Monteiro Way d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 56 Monteiro Way North Andover a.Street Address b.City/Town Map 60 Parcel 146 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 7832 180 c.Book d.Page 5/12/05 8 05 43&5- 7. Dates: a.Date Notice of Intent Filed b.DatefPubfic Hearing Closed c.Date if Is ante a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Plan a. Plan Title Jonathan Keep Landscape Architect b.Prepared By c.Signed and Stamped by May 12, 2005 V= 10' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $215.00 $42.50 $ 172.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc- rev.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.06(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.311/05 Page 2 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant-any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not.relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1312 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12.. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more C. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE #242 - 1312 Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations,and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the 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. 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. CAWinword\56monteiroWay.doc 1 NACC 6/13/05 DEP FILE#242 - 1312 25. This Order of Conditions is issued under File No.242-1312. 26. The conditions of this decision shall apply to,and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Landscaping and minor grading activities associated with the construction of a landscaping retaining wall and the replacement of existing stairs and path at an existing family home within the buffer zone to a BVW and an IOW. Planting activities shall include native wetland plantings directly adjacent to the resource areas. 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Abbreviated Notice of Intent filed by: Douglas &Kathleen Keith (applicant) 56 Monteiro Way North Andover, MA 01845 Dated May 9,2005; ANOI &Plan Prepared by: Jonathan Keep,MLA Landscape Architect P.O. Box 86 Lincoln, MA 01773 Site Plans Entitled, "Site Plan" (No Date), Received date,May 12,2005. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland(BVW) and Isolated Vegetated Wetland (IVN). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein and as previously delineated by Seekamp Environmental in June/July of 2003. 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 CAWinword\56monteiroWay.doc 2 NACC 6/13/05 DEP FILE#242 - 1312 fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those locations as depicted on the approved plan (those locations that have been historically maintained and disturbed). No further disturbance of the 25' No-Disturbance Zone and the 50'No-Build Zone shall be allowed. 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 t1w local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 35. 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. 36.There shall be no increase in the post development discharges or any other changes in post development conditions. Further, no alterations of grading shall result in an increase in drainage directed to or trapped to any abutting properties. 37.Water quality down gradient of BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 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. C:,`4i „cord\56monteiroWay.doc 3 NACC6/13/05 DEP FILE#242 - 1312 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the-Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1312." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 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 C. V,inword\56monteiroWay.doc 4 NACC 6/13/05 DEP FILE #242 - 1312 construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control.barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 5 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of$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. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and,/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. CAWinword\56monteiroWay.doc 5 NACC 6/13/05 DEP FILE #242 - 1312 49. 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 50. 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. 51. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators,motor vehicles or parts on any of the foregoing. 52. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 53. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 54. Plantings shall be planted in accordance with the approved planting scheme as depicted on the approved plan referenced herein. Any deviation from this planting scheme shall be reviewed and approved by the Conservation Department prior to planting. 55. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 56. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 57. All waste generated by,or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and CAWinword\56monteiroWay.doc 6 NACC 6/13/05 DEP FILE#242- 1312 removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 58. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 59. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 60. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 61. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5°/,), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 62. Upon completion of construction and grading,.all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 63. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 64. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the reque$t for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. CAWinword\56monteiroWay.doc 7 NACC 6/13/05 DEP FILE #242 - 1312 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 Qualified Landscape Architect 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 of the retaining wall prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor or qualified Landscape Architect) 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. 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing and/or previously disturbed and maintained. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition# 32); ➢ Discharge or spillage of pollutants (Condition# 59); ➢ Prohibition of underground fuels (Condition# 60); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition# 61). CAWinword\56monteiroWay.doc 8 NACC 6/13/05 DEP FILE#242 - 1312 APPENDIX A—AFFIDAVIT I� on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) 1 am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and each and ever condition which has been set have read the same and understand ea , Y forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) CAWinword\56monteiroWay.doc 9 NACC 6/13/05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1.Date of ssua ce Please indicate the number of members who will sign this form: 4 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at 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: / 4r Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this g* of I-u'"e_ °Z�s Day Month Year Before me, the undersigned Notary Public, Scy+f (1k.ss e personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DO"K WEM COMMONWEALTH WA88A M gnature of Notary Public 1 t— Mtr corrMa ExpY..n�a T,aooO Delo✓ g /W Iy LUC- +e` Printed Name of No ry Public C.Place notary seal and/or any stamp above My Commission Vxpires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on M"'by certified mail, return receipt requested,on k Date Date wpaform5.doc- rev.311/05 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, ,(M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpaform5.doc• rev.311/05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1312 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------7---------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1312 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc- rev.3/1/05