HomeMy WebLinkAboutMiscellaneous - 93 RALEIGH TAVERN LANE 4/30/2018 (3)Frequently Asked Questions: Property Transfers and System Inspections
When are Title 5 on- Inspections are required:
site sewage disposal
system inspections • When a facility is to be sold to new owners, or there
required? otherwise is a transfer of title, except between
spouses,
• When facilities are divided or combined together;
• When there is a change in use or an expansion of the
facility;
• For large systems (10,000 gallons per day or more),
shared systems, and systems on a condominium with
five or more units, on a specified, periodic basis; or
• When DEP or the local approving authority requires
an inspection.
Inspections are necessary to ensure the proper operation,
upgrade and maintenance of on-site sewage disposal
systems. The Code, therefore, requires system inspections to
be done in certain circumstances. Most inspections will occur
as a result of property transfers when facilities are sold,
divided or combined. In order to provide further guidance to
the regulated community, this document is intended to clarify
the regulatory intent of the Department.
For how long is the For most property transfers, the inspection must occur at or
system inspection within two years prior to the time of transfer. If a system has
valid? been pumped on a annual basis and pumping records are
available, then the inspection is valid for three years. If
weather conditions prevent inspection at the time of transfer,
the inspection must occur as soon as weather permits, but in
no event later than six months after the transfer, provided that
prior to or at the time of transfer the seller notifies the buyer in
writing of the requirements contained at 310 CMR 15.300
through 15.305 for inspection and upgrade.
What if the system
If an inspection was conducted within the applicable
was inspected and I
timeframe, the inspection may fulfill the inspection
want to resell the
requirement for more than one transfer of title, and need not
property, do I have to
be repeated.
have it inspected
again?
Who must obtain the
Under Title 5, the property owner or facility operator is
inspection and who
generally responsible for obtaining an inspection of the
receives the results?
system. Prior to the time of transfer of title, however, the
parties may contractually allocate responsibility for the
inspection provided that such inspection occurs within the
specified timeframes. An inspection must be conducted by a
DEP approved System Inspector. If an inspection is required,
s/he must record the inspection results on a DEP approved
incnartinn fnrm anri ci thmit this form Within in riavc of thr,
inspection form and submit the form, within 30 days of the
inspection, to the approving authority. Boards of Health are
the approving authorities for most systems. DEP is the
approving authority for state and federal facilities. For large
systems and shared systems, the System Inspector and the
owner must submit the inspection form to DEP. If an
inspection is not required, a system owner may have a
voluntary assessment of the condition and operability of the
system performed, in which case, the results of the
assessment are not required to be submitted to the approving
authority.
With property
The Code requires that a copy of the inspection report be
transfers, does the
submitted to the buyer or other person acquiring title to the
buyer receive a copy
facility served by the system. The inspection is intended to
provide sufficient information to make a determination as to
of the inspection
whether or not the system in its current condition is adequate
report, too?
to protect public health and the environment. The inspection,
however, is not a guarantee that the system will continue to
function adequately and is not a guarantee that the system
will not fail at a later date.
How does the
The following types of transfers, among others, require an
inspection
inspection within the applicable time frames:
requirement apply to
the following types of
Inheritance by will or intestacy (without a will) - with the
property transfers?
exception of inheritance by a spouse, which would not require
an inspection, inspection of the system must occur within two
years before or one year after the will being allowed by the
probate court and the appointment of the executor, or within
two years before or one year after the appointment of an
administrator if the deceased dies intestate (without leaving a
valid will). An inspection conducted up to three years before
the time of transfer of title may be used if the inspection report
is accompanied by system pumping records demonstrating
that the system has been pumped at least once'a year during
that time. Executors or administrators are required to notify, in
writing, those who acquire title to real property from an estate
of the inspection and upgrade requirements contained at 310
CMR 15.300 through 15.305.
Legal life estate or an interest for life in trust - inspection of
the system must occur within two years before or six months
of the death of the life tenant or the expiration of a present
interest in trust for a term of years. If a successive life interest
or an interest in trust for a term of years passes to a spouse,
the inspection must occur within two years of the death of the
last surviving spouse or the expiration of a present interest in
trust to the spouse for a term of years. An inspection
conducted up to three years before the time of transfer may
be used if the inspection report is accompanied by system
pumping records demonstrating that the system has been
naimninri nt IPAQt nnrrp a vpar riiirinn that time
Pumped at least once a year during that time.
Inter -family transfers where new parties are involved (e.g.
parents deed property to children) - within two years prior to
transfer or, if weather conditions prevent inspection at the
time of transfer, the inspection must occur as soon as
weather permits, but in no event later than six months after
the transfer. An inspection conducted up to three years before
the time of transfer may be used if the inspection report is
accompanied by system pumping records demonstrating that
the system has been pumped at least once a year during that
time.
Tax taking either by the federal, state, or municipal
government - Inspection of the system must occur within two
years prior to transfer by governmental entity to buyer or
within six months after the expiration of the right of
redemption, provided that the governmental entity notifies the
buyer in writing of the requirements contained at 310 CMR
15.300 through 15.305 for inspection and upgrade, if
necessary. An inspection conducted up to three years before
the time of transfer may be used if the inspection report is
accompanied by system pumping records demonstrating that
the system has been pumped at least once a year during that
time.
Levy of execution that results in a conveyance of property -
Inspection of the system must occur within two years prior to
officer's deed of debtor's interest to buyer or within six months
after the expiration of the right of redemption, provided that
the officer notifies the buyer in writing of the requirements
contained at 310 CMR 15.300 through 15.305 for inspection
and upgrade, if necessary. An inspection conducted up to
three years before the time of transfer may be used if the
inspection report is accompanied by system pumping records
demonstrating that the system has been pumped at least
once a year during that time.
Bankruptcy - Inspection of the system must occur within two
years prior to transfer by bankruptcy trustee to buyer or within
six months after the transfer, provided that the debtor notifies
the buyer in writing of the requirements contained at 310
CMR 15.300 through 15.305 for inspection and upgrade, if
necessary. An inspection conducted up to three years before
the time of transfer may be used if the inspection report is
accompanied by system pumping records demonstrating that
the system has been pumped at least once a year during that
time.
A change in ownership or the form of ownership where NEW
parties are introduced (e.g., introduction of new
beneficiaryhes in a nominee trust: introduction of new joint
tenant(s) or new tenant(s) in common; introduction of new
nartioc Whom% nrnnArty is traneforrinn frnm inint rnnmorchin fin
parties where property is transferring from joint ownership to
nominee or business trust, or where a new general partner is
introduced; creation of a legal life estate or an interest for life
or for a term of years in trust for a party other than the creator
or his or her spouse, etc.) - Inspection of the system must
occur within two years prior to transfer or if weather conditions
prevent inspection at the time of transfer, the inspection must
occur as soon as weather permits, but in no event later than
six months after the transfer, provided that the new party is
notified in writing of the requirements contained at 310 CMR
15.300 through 15.305 for inspection and upgrade; if
necessary. In a nominee trust situation, whoever has authority
to add a new beneficiary is responsible for the inspection.
Trustees in the nominee trust situation are advised to notify
those with authority of their inspection obligation. An
inspection conducted up to three years before the time of
transfer may be used if the inspection report is accompanied
by system pumping records demonstrating that the system
has been pumped at least once a year during that time.
NOTE: An exception to this general rule that an inspection is
required where new parties are introduced is the situation
where a transfer occurs between spouses during life, out right
or in trust, in which case an inspection is NOT required.
Examples of such spousal transfers which do NOT trigger an
inspection include: (1) a spouse transfers the real property to
the other spouse, individually, or into a trust of which the other
spouse is the sole or primary beneficiary; or (2) a spouse
transfers the real property to him/herself and the other
spouse, as joint tenants, tenants in common, or as tenants by
the entirety.
Sale of a condominium unit for condominiums consisting of
five or more units, all systems must be inspected every three
years. Condominiums with fewer units must either follow this
inspection schedule or, instead, the system serving the
particular unit transferred must be inspected within two years
prior to transfer, or if weather conditions prevent inspection at
the time of transfer, the inspection must occur as soon as
weather permits, but in no event later than six months after
the transfer, provided that the buyer is notified in writing of the
requirements contained at 310 CMR 15.300 through 15.305
for inspection and upgrade.
How does the The following types of transfers do NOT require an inspection:
inspection
requirement apply to 0 Refinancing a mortgage or similar instrument,
the following types of whether or not the identity of the lender remains the
Jame,
property transfers? . Taking of a security interest in a property including,
but not limited to, issuance of a mortgage;
Appointment of, or a change in, a guardian,
conservator, or trustee;
o A �honnn in thn farm of n+nrnnrehin nrnnnn thn cornn
A change in the form of ownership among the same
owners, such as placing the facility within a family
trust of which the owners are the sole, present
beneficiaries, or changing the proportionate interests
among a group of owners or beneficiaries;
Adding or deleting a spouse as an owner or
beneficiary; or a transfer between spouses during life,
out right or in trust;
Any other change in ownership or the form of
ownership where NO NEW parties are introduced
(e.g., from spouses jointly or as tenants by the
entirety to one spouse either for estate planning
purposes or pursuant to a divorce settlement or court
order, from joint ownership to nominee or business
trust, or into limited or general partnership, etc.).-
Transfer
tc.);Transfer within two years of issuance of the
Certificate of Compliance;
Owner of the facility or person acquiring title has
signed an enforceable agreement with the approving
authority to upgrade the system or to connect the
facility to a sanitary sewer or a shared system within
the two years following the transfer of title, provided
that such agreement has been disclosed to and is
binding on subsequent owner(s);
Facility is subject to a comprehensive local plan of
on- site septic system inspection approved in writing
by the Department and administered by a local or
regional governmental entity; and the system has
been inspected at the most recent time required by
the plan.
When do large and Shared systems must be inspected annually. Large systems,
shared systems need that is, systems with a design flow of 10,000 to 15,000 gallons
to be inspected? per day at full buildout, must be inspected once every five
years on the basin schedule in the Code.
What is required in A system must be inspected upon any change in use or
connection with expansion of use (if the expansion of use results in an
changes of use and increase in design flow to the system such as adding a
bedroom, or adding seats to a restaurant) of the facility
expansions? served if a building permit or occupancy permit from the local
building inspector is required for such change in use or
expansion. Any change in the footprint of a building will also
require an inspection to determine the location of the system
to ensure that construction will not be placed upon any
system components or on the reserve area of the system,
unless official records are available to determine the location
of the system components.
Is an inspection Issuance of a Certificate of Compliance by the approving
required in the context authority (generally the Board of Health, or the Department in
of n^-tAt ,.,.no+, -i i,,+;„r,7 • the case of state and federal facilities and large systems)
of new construction? the case of state and federal facilities and large systems)
upon completion of a new system, or for a system upgrade,
operates to exclude the system from the requirement for
inspection for any transfer of title within the next two years,
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
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key.
VQ
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A. General Information
DEP File Number:
242-1388
From: North Andover
1. Conservation Commission
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
3. To: Applicant:
David & Virginia Foulds
a. First Name b. Last Name c. Company
93 Raleigh Tavern Lane
d. Mailing Address
North Andover MA. 01845
e. City/Town
4. Property Owner (if different from applicant):
Same
a. First Name
d. Mailing Address
e. City/Town
5. Project Location:
f. State
b. Last Name c. Company
f. State
g. Zip Code
g. Zip Code
93 Raleigh Tavern Lane
North Andover
a. Street Address
b. Cityrrown
Map 107A
Parcel 116
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)
1460
557
c. Book
d Page
3/1/07
7. Dates:
i1
a. Date Notice of Intent Filed
b. Date Pul5lic Fiearing Closed c. Date f Iss ance
s. Final Approved Plans and Other Documents
(attach additional plan or document references as
needed):
Proposed Subsurface Sewage Disposal System Plan
a. Plan Title
New England Engineering Services, Inc.
Benjamin C. Osgood, Jr., P. E.
b. Prepared By
c. Signed and Stamped by
/67 /
1 ° = 20'
Fi al Revision Date
e. Scale
f. Additional Plan or Document Title
$220.00
U. Total APA Fee Paid
a. Total Fee Paid
g. Date
$42.50 $177.50
b. State Fee Paid c. City/Town Fee Paid
wpaform5.doc • rev. 3/1/05 Page 1 of 9
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1388
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
f. ®
d. ®Private Water Supply e. El Fisheries Protection of WildlifeHabitat
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 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet
4. ❑ Bordering Vegetated
Wetland a. square feet
5. ❑ Land Under a. square feet
Waterbodies and
Waterways
e. cu.yd dredged
D. linear tees c. linear Leet a. linear Leet
b. square feet c. square feet d. square feet
b. square feet c. square feet d. square feet
T. cu.ya areagea
wpaform5.doc • rev. 3/1/05 Page 2 of 9
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1388
B. Findings (cont.)
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
Resource Area
Proposed
Permitted
Proposed
Alteration
Alteration
Replacement
6. ❑ Bordering Land
b. square feet c. c/y nourishmt. d. c/y nourishmt.
13.
❑
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood
a. square feet
b. square feet c. c/y nourishmt. d. c/y nourishmt
Storage
e. cubic feet
f. cubic feet
g. 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
8. ❑ Riverfront area
❑
Salt Marshes
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
b. square feet c. square feet d. square feet
17.
❑
Land Under Salt
c. square feet
d. square feet
e. square feet
Sq ft between 100-200 ft
Ponds
a. square feet
b. square feet
e. square feet
f. square feet
e. square feet
Coastal Resource Area Impacts:
Check all that apply
below. (For Approvals Only)
9. ❑ Designated Port
Areas
Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean
a. square feet
b. square feet
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
f. square feet
11.
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12.
❑
Coastal Beaches
a. square feet
b. square feet c. c/y nourishmt. d. c/y nourishmt.
13.
❑
Coastal Dunes
a. square feet
b. square feet c. c/y nourishmt. d. c/y nourishmt
14.
❑
Coastal Banks
a. linear feet
b. linear feet
15.
❑
Rocky Intertidal
Shores
a. square feet
b. square feet
16.
❑
Salt Marshes
a. square feet
b. square feet c. square feet d. square feet
17.
❑
Land Under Salt
Ponds
a. square feet
b. square feet
c. cu.yd dredged d. cu.yd dredged
18. ❑ Land Containing
Shellfish a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
20. ❑ Land Subject to
Coastal Storm Flowage a. square feet b. square feet
wpaform5.doc - rev. 3/1/05 Page 3 of 9
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1388
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, "MA DEP"]
"File Number 242-1388
wpaform5.doc • rev. 3/1/05 Page 4 of 9
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1388
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:
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additional
conditions,
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attach a text
document
wpaform5.doc • rev. 3/1/05 Page 5 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1388
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.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See attached
wpaform5.doc - rev. 3/1/05 Page 6 of 9
DEP FILE # 242 -1388
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.
C:\Winword\OOC\93RaleighTavern.doc 1 NACC 4/13/2007
DEP FILE # 242 -1388
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under DEP File No. 242-1388.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: the installation of a subsurface septic system and
associated grading within the Buffer Zone to a Bordering Vegetated Wetland (BVW).
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: David & Virginia Foulds (Applicant)
93 Raleigh Tavern Lane
North Andover, MA 01845
Received Date March 1, 2007
New England Engineering Services, Inc. (Representative)
1600 Osgood Street
Building 20, Suite 2-64
North Andover, MA 01845
Site Plans prepared by: New England Engineering Services, Inc., entitled
"Proposed Subsurface Sewage Disposal System",
consisting of sheets 1 & 2, dated February 7, 2007, revised
3-5-07. Stamped & signed by Benjamin C. Osgood, Jr.,
P.E.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
C:\Winword\OOC\93RaleighTavern.doc 2 NACC 4/13/2007
DEP FILE # 242 -1388
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 with the exception of the off property
wetland flags (Al, A2, & A7).
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No -Disturbance Zone
and a fifty -foot (50') No -Construction Zone shall be established from the edge of the
adjacent wetland resource area except in those locations that are shown on the approved
plan as already disturbed. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -
Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The 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.
PRIOR TO CONSTRUCTION
36. 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.
37. 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
C:\Winword\OOC\93 RaleighTavern.doc 3 NACC 4/13/2007
DEP FILE # 242 - 1388
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.
38. 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 242-1388."
39. 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.
40. 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.
41. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of erosion control
devices and re -vegetation to be completed before other work begins on-site.
42. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
CAW inword\OOC\93RaleighTavern.doc 4 NACC 4/13/2007
DEP FILE # 242 - 1388
43. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands as shown on the approved plan referenced herein.
The erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC prior
to the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site erosion, or
any noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown on
the plan(s) referenced in this Order of Conditions. Should such installation be required
by the NACC, they shall be installed within 48 hours of the Commissions request.
44. 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.
45. 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.
46. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion
Control Monitor" to oversee any emergency placement of controls and regular inspection
or replacement of sedimentation control devices. The name and phone number of the
erosion control monitor must be provided to the NACC in the event that this person has
to be contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
47. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/ Erosion
C:\Winword\OOC\93RalcighTavern.doc 5 NACC 4/13/2007
DEP FILE # 242 - 1388
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
EMC shall certify that, to the best of his / her knowledge and belief based on a careful
site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The EMC must visually
inspect all sedimentation/ erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented.
48. Prior to construction, the applicant shall permanently mark the edge of the existing tree
line/delineated wetland line with seven (7) markers spaced evenly every 30 -feet
incorporating the following text, "Protected Wetland Resource Area". These markers
can be purchased at the North Andover Conservation Department. This will designate
their sensitivity and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the Conservation
Department. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
49. 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.
50. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Department prior to site preparation or construction and
shall arrange an on-site conference with a representative from the department, 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).
C:\Winword\OOC\93RaleigliTavern.doc 6 NACC 4/13/2007
DEP FILE # 242 -1388
DURING CONSTRUCTION
51. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
52. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area, or outside of the erosion control line.
53. The applicant shall remove, by hand, the two large brush piles located within the
wetland resource area between wetland flags A4 & A5.
54. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work is
occurring. De -watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering
requirements arise, the applicant shall submit a contingency plan to the Commission for
approval, which provides for the pumped water to be contained in a settling basin, to
reduce turbidity prior to discharge into a resource area.
55. 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.
56. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
58. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or
local Bylaw.
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
C:\Winword\OOC\93 RaleighTavern.doc 7 NACC 4/13/2007
DEP FILE # 242 - 1388
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 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 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
CAWinword\00C\93RaleighTavern.doc 8 NACC 4/13/2007
DEP FILE # 242 - 1388
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations 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.
65. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(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).
CAW inword\OOC\93RaleighTavern.doc 9 NACC 4/13/2007
DEP FILE # 242 - 1388
I,
1)
APPENDIX A — AFFIDAVIT
(authorized agent of applicant and / or owner)
I am the
on oath do hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOCK)
(position with applicant)
of
the applicant upon whom the Order of Conditions
(applicant's name)
(DEP or NACC File #)
have been
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
(position with owner)
and / or
of
(owner)
the owner upon whose land Order of Conditions
(DEP or NACC File #)
placed upon by the NACC.
have been
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
--20--,1 inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of
20
(Authorized agent of applicant or owner)
C:\Winword\OOC\93 RaleighTavern.doc 10 NACC 4/13/2007
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
242-1388
This Order is valid for three years, unless otherwise specified as a special 7 Lfp
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of IsS-L&nce
Please indicate the number of members who will sign this form: y
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 prope if different
from applicant.
Signatures-
Notary Acknowledgement
Commonwealth of Massachusetts County of
it �'
On this Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
of �r'f r `�On%
Month Year
SC.a-�f f'icr SS—
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
DONNA K WEDGE
Y " O'.IMONWEAITH OF MASSACHUSETTS
Comm. Expires Aug. 7, 2009
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Conservation Commission
Signature of Notary Public o
[fie l -212 a /%I. GLJ 457/�GK
Printed Name of Notary Public
,�- J n / X1009
My Commisdion FApires (Date)
[/by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 3/1/05 Page 7 of 9
L7Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
11 WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
242-1388
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05 Page 8 of 9
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
DEP File Number:
242-1388
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1388
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for:
County Book Page
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc • rev. 311105 Page 9 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1 RRR
rrovlaea Dy utr
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
A. Project Information
Important:
When filling out
1.
This Certificate of Compliance is issued to:
forms on the
David & Virginia Foulds
computer, use
Name
only the tab
key to move
93 Raleigh Tavern Lane
~ 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:
David & Virginia Foulds
Name
April 13, 2007 242-1388
Dated DEP File Number
3.
The project site is located at:
93 Raleigh Tavern Lane North Andover
Street Address City/Town
Map 107A Parel 116
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
David & Virginia Foulds
Property Owner (if different)
Essex North 1460
557
County Book
Page
Certificate
4.
A site inspection was made in the presence of the applicant, or the applicant's agent, on:
5/23/08
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above -referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above -referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc - rev. 7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1388
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
Sa�0c4'
Date of Issuance
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 Attachment).
Signatures:
wpaform 8b.doc • rev. 7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day
Essex North
Of
Month
before me, the undersigned Notary Public, personally appeared
4. z bel. ' P
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
DEP File Number:
242-1388
Provided by DEP
C�)00 r
Year
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
t
_ DONNA M. WEDGE
NOTARY PUBLIC HU
COMMONWEALTH OF MASSACHUSEMMUS
7 2009
My Comm. Expires Aug .
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
Signature of Notary Public
Do n a te I'1 "� .--::-
Printed Name of Notary Public
P)`71c)007
My Com�Expires (Date)
Signature of Notary Public If
wpaform 8b.doc • rev. 7/13/04 Page 3 of 4
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B - Certificate of Compliance
242-1388
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:
93 Raleigh Tavern Lane 242-1388
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
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
Page
wpaform 8b.doc • rev. 7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments, payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region
Adams
Colrain
Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street
Agawam
Conway
Hancock
Montague
Plainfield
Wales
Boston, MA 02108
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
TDD: 617-574-6868
Belchertown
East Longmeadow
Holland
New Ashford
Savoy
Westfield
Fax: 413-784-1149
Bemardston
Egremont
Holyoke
New Marlborough
Sheffield
Westhampton
Blandford
Erving
Huntington
New Salem
Shelburne
West Springfield
Brimfield
Florida
Lanesborough
North Adams
Shutesbury
West Stockbridge
Buckland
Gill
Lee
Northampton
Southampton
Whately
Chademont
Goshen
Lenox
Northfield
South Hadley
Wilbraham
Cheshire
Granby
Leverett
Orange
Southwick
Williamsburg
Chester
Granville
Leyden
Otis
Springfield
Williamstown
DEP Southeast Region
Chesterfield
Great Barrington
Longmeadow
Palmer
Stockbridge
Windsor
20 Riverside Drive
Chicopee
Greenfield
Ludlow
Pelham
Sunderland
Worthington
Clarksburg
Hadley
Middlefield
Peru
Tolland
Wareham
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashbumham
Clinton
Hubbardston
Millville
Shirley
Warren
Boston, MA 02108
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
TDD: 617-574-6868
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
Weymouth
Boxborough
Hardwick
Medway
Phillipston
Townsend
Wilmington
Boylston
Holden
Mendon
Princeton
Tyngsborough
Winchester
Brookfield
Hopedale
Milford
Royalston
Upton
Winthrop
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoiseft
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
Welffleet
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
Westriisbury
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
Boston, MA 02108
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
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
TDD: 617-574-6868
Beverly
Dover
Lincoln
Natick
Salem
Wenham
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherbom
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
wpaform8b.doc • DEP Addresses • rev. 5/23/08 Page 1 of 1
DelleChiaie, Pamela
From: DelleChiaie, Pamela
Sent: Thursday, August 02, 2007 10:23 AM
To: Sawyer, Susan
Subject: 93 R.T. Lane - Issues
Hi,
Rob Daigle called, and wanted to give you an update on what is going on at the site. The homeowner has not paid for the
tank through Shea. She is in NH for the week, and wants Rob to take care of the cost, and she will reimburse, but he does
not operate that way. The field is done, but there has been a delay at the site as a result of this. Therefore, he has not
requested a Final Const. yet, because of the delay with the tank. If you need to call him, it is: 978.423.6933.
16.0stRopo,ods,
A414100a A.0"'Oe'4110io
Health Department Assistant
Town of North Andover
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
9978.688-9540 - Phone
A 978.688.8476 - Fax
http://www.townoffiorthandover.com
healthdept@townoffiorthandover.com