HomeMy WebLinkAboutMiscellaneous - Winter StreetMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242-1309
Massachusetts Wetlands ProtectionAct M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use David Bourassa
only the tab key Name
to move your 95 Winter Street
cursor do not
use the return Mailing Address
key. North Andover MA 01845
City/Town State Zip Code
r� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions Issued to:
Claude Elias
Name
May 27, 2005 242-1309
Dated DEP File Number
3. The project site is located at:
Roadway & Driveway North Andover
Street Address City/Town
Map 103 Parcel 120
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 9874 254
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/31/12
Date
wpafrm8b.doc • rev. 12/23/09 WPA Form BB, Certificate of Compliance • Page 1 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1309
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
Z Complete Certification: It is hereby certified that the work regulated by the
above -referenced Order of Conditions has been satisfactorily completed.
Partial Certification: It is hereby certified that only the following portions of work
regulated by the above -referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above -referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such 'as maintenance or
monitoring, that should continue fora longer period).
Condition Numbers:
82
C. Authorization
Issued by:
North Andover
wpafrm8b.doc • rev. 12/23/09
Conservation Commission 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
http://www. mass.gov/dep/abouttregion/flindyour. htm).
Signatures: A ,
LJ CJ
WPA Form 8B, Certificate of Compliance • Page 2 of 3
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B - Certificate of Compliance 242-1309
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:
Roadway & Driveway 242-1309
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
David Bourassa
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc • rev. 12/23/09 WPA Form 86, Certificate of Compliance • Page 3 of 3
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
A. General Information
DEP File Number:
242-1309
Important:
North Andover
From:
When filling
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
Claude Elias
use the return
a. First Name b. Last Name
c. Company
key.
119 Hooker Farm Road
d. Mailing Address
r�
Salem
NH. 03079
e. Cityfrown
f. State g. Zip Code
4. Property Owner (if different from applicant):
Santo & Anne Messina
a. First Name b. Last Name
c. Company
115 Winter Street
d. Mailing Address
North Andover
MA. 01845
e. Cityrrown
f. State g. Zip Code
5. Project Location:
,rY_-Roadway_and Driveway and Ut_ilitles for`house�, North Andover
a -Street Address -- — _ "-
b. Cityrrown
Map 103
Lot 120
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)
4736
156
c. Book
d. Page
2/24/05
5/11h5 sb 7/05
7. Dates: a. Date Notice of Intent Filed
b. Date Public Hearing Closed c-.-D-atd of Isifuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Winter Street Improvement and Watershed Special Premit for roadway, driveway, and utilities.
a. Plan Title
Serwatka Engineering
Joseph J. Serwatka, P. E.
b. Prepared By
c. Signed and Stamped by
2/10/05 with revisions made through 4/20/05 1" = 20'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
9. Total WPA Fee Paid: $ 800.00
$ 237.50 $ 562.50
a. Total Fee Paid
b. State Fee Paid c. City/Town Fee Paid
vvpaform5.doc • rev. 3/1105 Page 1 of 9
q
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 5 - Order of Conditions 242-1309
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® 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
b. linear feet c. linear feet d. linear feet
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
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:
242-1309
B. Findings (cont.)
Coastal Banks
15. ❑
Rocky Intertidal
a. linear feet
Proposed
Permitted
Proposed
Resource Area
Alteration
Alteration
Replacement
6. ❑ Bordering Land
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood
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
a. ❑ Riverfront area
b. total sq. feet
a. total sq. feet
Permitted
Replacement
h. cubic feet
f. cubic 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
11. ❑ Barrier Beaches
12. ❑ Coastal Beaches
13. ❑ Coastal Dunes
14. ❑
Coastal Banks
15. ❑
Rocky Intertidal
a. linear feet
Shores
16. ❑
Salt Marshes
17. ❑
Land Under Salt
a. square feet
Ponds
18. ❑ Land Containing
Shellfish
19. ❑ Fish Runs
20. ❑ Land Subject to
Coastal Storm Flowage
c. cu.yd dredged d. cu.yd dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet
b. square feet c. c/y nourishmt. d. cly nourishmt.
a. square feet
b. square feet C. cly nourishmt. d. cly nourishmt
a. linear feet
b. linear feet
a. square feet
b. square feet
a. square feet
b. square feet c. square feet d. square feet
a. square feet
b. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. square feet b. square feet
wpaform5.doc • rev. 311/05 Page 3 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1309
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
242-1309 "
wpaform5.doc - rev. 3/1/05 Page 4 of 9
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions 242-1309
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
Page 5 of 9
wpaform5.doc • rev. 3/1/05
2 a
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 242.1309
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or. Ordinance
i. 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:
b. Citation
a. Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
a. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw: Chapter 178
North Andover Wetland Protection Bylaw b. citation
a. Municipal Ordinance or Bylaw
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
Page 6 of 9
wpaform5.doc• rev. 3/1/05
DEP FILE # 242 —1309 (Driveway)
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 1roposals 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).
C:\Winword\OOC\Driveway,WinterSt.doc 1 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
23. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission
shall be a party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1309.
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 extension and improvement of Winter Street to
accommodate the necessary appurtenances (sewer tie-in, water, and underground
utilities�to service anew single-family house within the Buffer Zone to Bordering
Vegetated Wetlands (BVW). The project is also within the Lake Cochichewick
Watershed. Approximately 465 linear feet of driveway/ roadway (Winter Street)
will extend from the existing dead end of Winter Street. The 12' widerip vate
driveway/ roadway will be constructed within the limits of a previously
disturbed wood road. This Order of Conditions and the submitted Notice of
Intent applies only to the roadways, utilities and drainage facilities. The
construction of the single-family house was filed under a separate filing, DEP File
#242-1300, and is not part of this Order
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: Elias Claude (Applicant)
119 Hooker Farm Road
Salem, MA 03079
Date filed: February 24, 2005
Site Plans prepared by: Sheet 1, entitled, "Plan to Accompany a Notice of
Intent", prepared by Pembroke Land Survey Co., dated
C:\Winword\OOC\Driveway,WinterSt.doc 2 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
February 10, 2005. Stamped and signed by Joseph J.
Serwatka, P.E.
Sheet 2 entitled, "Winter Street Improvements and
Watershed Special Permit Plan", prepared by Pembroke
Land Survey Co., dated February 10, 2005 with
revisions made through April 20, 2005. Stamped &
signed by Joseph Serwatka, P.E.
Other Documents: North Andover Conservation Commission Waiver Request
Form dated February 25, 2005.
Waiver Request Narrative, prepared by Joseph Serwatka,
P.E., dated February 25, 2005.
Memorandum prepared by Jack Sullivan, P.E, Director of
Engineering, Town of North Andover, entitled "Winter
Street Watershed Special Permit, Elias Property", dated
April 28, 2005.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate dated April 12, 2005, regarding the
oil/ sediment separator.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate, dated May 4, 2005, regarding the
buoyancy calculations.
Operation & Maintenance
Plan prepared by: Joseph J. Serwatka, P.E., entitled, "Operation &
Maintenance Plan for Winter Street" and Buoyancy
Calculations for the Oil/ Sediment Separator. Cover
page dated April 20, 2005
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.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as previously approved under an Order of Resource Area Delineation
(ORAD), DEP File #242-1251.
C:\Winword\OOC\Driveway,WinterSt.doc 3 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
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 as follows:
for portions of the driveway/ roadway and installation of utilities, as shown on
the approved site plan referenced herein. This will impact approximately 750 s.f.
of the 25' No Disturbance Zone. 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. The NACC hereby grants the applicant a waiver for work within the regulated 25'
No Disturbance Zone and the 50' No Build Zone for the purposes of constructing
the driveway/ roadway and installing the underground utilities. The NACC
agrees with the applicant that they are limited by the existing layout of Winter
Street due to the existing field stonewall (property lines), and the requirements
governed by both the North Andover Department of Public Works and the
Planning Board. As such, there are no other feasible alternatives that will have a
lesser impact on the adjacent wetland resource area and its Buffer Zones.
34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated
with the impacts to the 25' No Disturbance Zone and 50' No Build Zone) to be
adequate. The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis) as
listed on the record plan is also found to be adequate. However, the list of shrub
species as shown on the record plan, which includes burning bush,
rhododendron, and azalea shall be replaced with any twenty (20) of the following
species:
American cranberrybush (Vaccinium trilobum) (FACW)
Red chokeberry (Aronia arbutifolia) (FACW)
Black chokeberry (Aronia melancarpa) (FAC)
Shadblow/ Serviceberry (Amelanchier canadensis/arborea) (FAC)
Witch hazel (Hamamelis virginiana) (FAC-)
Bayberry (Myrica pensylvanica) (FAC)
Highbush Blueberry (Vaccinium corymbosum) (FACW)
Silky dogwood (Cornus amomum) (FACW)
Red -osier dogwood (Cornus sericea) (FACW+)
Alternate -leaved dogwood (Cornus amomum) (UPL)
The 25 restoration plantings shall not be grouped together in one dense location,
rather spread out and concentrated along the approved. tree line to provide a
C:\Winword\OOC\Driveway,WinterSt.doc 4 NACC 5/26/05
DEP FILE # 242 -1309 (Driveway)
physical barrier along the limits of disturbance. The shrubs shall be planted on 10
-12 'centers, and the Eastern hemlocks planted on 12 -15' centers.
35. A qualified wetland scientist or botanist shall monitor the restoration area for two
(2) consecutive growing seasons (spring and fall) upon installation of the
plantings. At the end of each inspection, a progress report of the relative success
or failure of the restoration efforts must be prepared by the wetland scientist or
botanist, and submitted to the North Andover Conservation Commission (NACC).
A total of FOUR separate monitoring reports for the restoration area shall be
submitted over a two-year period. If at the end of the second growing season,
overall success of restoration activities is not achieved, the NACC reserves the
rights to require additional mitigation measures.
36. 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.
37. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commissions 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 becomes the responsibility of the applicant or landowner.
38. 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
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DEP FILE # 242 —1309 (Driveway)
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 DEP File #242-1309."
42. 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.
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 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.
45. 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
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DEP FILE # 242 —1309 (Driveway)
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.
46. A row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the direction
of the NACC. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site erosion,
or any noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in areas not
shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales
(or an equivalent amount of silt fence). Said bales shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$4,000 (Restoration activities 750x$3.00 per s.f. = $2,250.00, all other construction
activities: $1,750.00), 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 as an "Environmental Monitor"
(EM) 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
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DEP FILE # 242 —1309 (Driveway)
has to be contacted, due to an emergency at the site, during any 24-hour period,
including weekends. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the
project's Environmental Monitor. The designated Environmental Monitor is
subject to approval by the NACC. This person shall also be given the authority to
stop construction for erosion control purposes. The EM 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. On every MONDAY of 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 from the
EM 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
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.
50. The EM shall be on site during and/ or following a major storm event of 1 inch of
rain or greater to ensure that soils remain stable, erosion controls are adequate
and secure, and that all BMP's are adequately functioning.
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with five (5) signs or markers spaced evenly every 40 feet
along the edge of the driveway / roadway, and incorporating the following text:
"Protected Wetland Resource Area". This will designate their sensitivity and assure
no further inadvertent encroachment into the wetland. These permanent markers
are available at the Conservation Department for $2.00 per marker. The placement
of said markers are subject to review and approval by the Conservation staff. The
applicant shall instruct all agents to explain these markers to buyers / lessees /
landscapers, and all persons taking over the property from the applicant.
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 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 before or
after 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
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DEP FILE # 242 —1309 (Driveway)
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).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post -construction stormwater management shall be conducted
in accordance with supporting documents and plans submitted with the Notice of
Intent, the Department of Environmental Protection Stormwater Management Policy
and as approved by the NACC in this Order of Conditions.
55. All stormwater best management practices shall be maintained as specified in the
Operation & Maintenance Plan for Winter Street, dated April 2005, prepared by
Joseph J. Serwatka, P.E. (Appendix B- attached) submitted with the Notice of
Intent and incorporated in said Order of Conditions. A Registered Professional
Civil Engineer shall provide evidence of maintenance associated with the
stormwater management structures to the NACC on an annual basis for two -
consecutive years upon installation of the structures. The homeowner/ landowner
shall be the responsible party, who must comply with, and be responsible for all
maintenance requirements outlined in the Operation & Maintenance Plan in
perpetuity. This condition shall be a continuing condition of this order, even after
a Certificate of Compliance is issued.
56. The oil/ sediment separator and stone infiltration trench shall be maintained in
accordance with the above-mentioned Operation & Maintenance Plan. These
structures shall be free of all accumulated silt and debris before a Certificate of
Compliance is issued, and the owner or his / her agent shall so specify in the
request for Compliance. This condition shall be a continuing condition of this
order, even after a Certificate of Compliance is issued.
57. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
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DEP FILE # 242 —1309 (Driveway)
post development watershed boundaries as currently depicted in the Notice of
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
58. 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.
59. The applicants, owners, and their successors and assignees, shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas, and
other elements of the drainage system, unless put into an easement to the Town of
North Andover, 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
60. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
61. IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth (P.L.S.) which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of Conditions.
Said plan shall be submitted to the Conservation Administrator for approval.
62. 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.
63. A crushed stone construction entrance shall be established to minimize soil/
material tracking onto Winter Street and abutting catch basins. This entrance shall
be reinforced as necessary.
64. Erosion control devices shall be inspected regularly; any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas; silt fence
and hay bales shall be replaced as necessary.
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DEP FILE # 242 —1309 (Driveway)
65. De -watering activities anticipated shall be supervised and witnessed by the
designated Environmental Monitor (EM). This designee must be on-site while
work specific to de -watering activities are occurring and until complete. Activities
shall be monitored daily by the ECM 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 under the
MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a
resource area.
66. 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.
67. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
68. 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.
69. 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 will be graded, loamed and seeded prior to November 1st of each year.
Outside of the growing season, exposed soil finish grade surfaces shall be stabilized
with a layer of mulch hay until climate conditions allow for seeding.
70. The contractor will take all steps necessary to control dust onsite so that adverse
effects on adjacent resource areas and/or habitat do not occur.
71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
72. There shall be no construction vehicles stored; vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of any resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
74. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource area.
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DEP FILE # 242 —1309 (Driveway)
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.
75. 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.
AFTER CONSTRUCTION
76. 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 Towns Wetland protection Bylaw.
77. Fertilizers utilized for landscaping and lawn care shall be slow release, low -
nitrogen types (< 5%), and shall not be used within 75 feet of a resource area.
Pesticides and herbicides shall NOT be used within 100 feet of a wetland resource
area. This condition shall survive this Order of Conditions and shall run with the
title of the property. This condition is issued under the authority of the Towns
Wetland Protection Bylaw and shall remain in perpetuity.
78. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. This condition is issued under the authority
of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
79. 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.
80. Upon approval by Conservation Staff and site stabilization, the erosion controls
can be removed and properly disposed of. All exposed areas underneath the
erosion control shall be seeded for permanent stabilization.
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DEP FILE # 242 -1309 (Driveway)
81. 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 (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
➢ "As -Built" post -development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone, which is regulated as a resource area under the local Wetland
Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences, sheds,
stone walls, pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes any disturbance of soils or
vegetation.
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DEP FILE # 242 —1309 (Driveway)
➢ Location of all subsurface utilities entering the property.
82. 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);
➢ Maintenance of all stormwater structures (Condition #55 & 56);
➢ Discharge or spillage of pollutants (Condition # 75);
➢ Prohibition of underground fuels (Condition #76);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #77& 78).
➢ Appendix B: entitled, "Operation & Maintenance Plan & Bouyancy
Calculations for Winter Street", dated April 2005, prepared by Joseph
J. Serwatka, P.E. No additional filings will be required to conduct
maintenance of the above referenced system and plan.
C:\Winword\OOC\Driveway,WinterSt.doe 14 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
APPENDIX A - AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent of applicant and / or owner)
1) I am the
(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
and / or
(position with owner)
of
the owner upon whose land Order of Conditions
placed upon by the NACC.
(owner)
(DEP or NACC File #)
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 , 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)
C:\W inword\OOC\Driveway,WinterSt.doc
5 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
APPENDIX B
OPERATION & MAINTENANCE PLAN
. And
BOUYANCY CALCULATIONS
FOR
WINTER STREET
Dated April 20, 2005
Prepared By:
Joseph J. Serwatka, P.E.
NACC 5/26/05
C:\W inword\OOC\Driveway, W interSt.doc
6
Joseph J. Serwatka, P.E.
Rost Office Box 1016
North Andover, MA
978-683-6595
r
April 20, 2005
RECEIVED
APR 2 5 2005
NORTH ANDOVER
CONSERVATION COMMISSION
North Andover Conservation Commission
400 Osgood .Street
North Andover, MA 01845P.
FILE
Re: Winter Street
Notices of Intent
Dear Commission Members:
We have submitted revised plans for Winter Street dated April 2% 2045. The
revisions are based on our.last meeting with you. The revisions areas follows:
1. The roadway has been moved slightly to the north as it passes through the
buffer zone. This reduces the impact in the 25' zone, and provides more buffer
to the wetlands.
2. A 1,500 s.f mitigation area has been shown adjacent to the grassed basin to
account for proposed activity within the 25' no -disturb zone. This is a 2:1.
mitigation for the proposed work. A planting list has been added.
3. We have added the distances from the proposed dwelling to the edge of
wetlands, as requested.
4. The oil/sediment separator detail has been added to the plan.
5. An operation and maintenance plan was submitted to your stair, as requested.
'"-'6. Bouyancy calculations have been provided for the oil/sediment separator, per
you request.
i
We look forward to meeting with the Commission on Apri127a' to discuss this
project again. Should you have any questions concerning this letter, please contact
me.
OPERATION & MAINTENANCE PLAN
FOR
WINTER STREET
MAP 103, LOT 120
GRASSED BASIN
As a minimum, basin will be inspected after every major storm event for the first few
months, after being seeded, to ensure functionality. Thereafter, inspections should take
place every six months in the spring and fall and after every major storm event. The grass
areas shoul0 be inspected for slope integrity, soil moisture, vegetative health, soil
stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be
loamed, seeded, mulched, and.fertilized as necessary.to prevent further erosion from
taking place.
Grassed basin will be cleared of accumulated sediment, grass clippings, leaves, trash and
will be mowed when deemed necessary. Collected.debris will be composted or properly
disposed of at the city/town landfill.
SEDIMENT AND OIL SEPARATOR
The separator should be inspected every six months to determine the rate of sediment and
floatables accumulation. When approximately one .and one half to two feet of sediment
depth has accumulated, the contents should be removed by means of hand held shovels,
scallop shovel, or vactor trucks. As a minimum, itis recommended that the separator be
cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per
state and federal requirements, at the .city/town landfill.
INFILTRATOR CHAMBERS
To prevent clogging of chambers, roof gutters and downspouts should be inspected and
cleaned at least annually. Observations should be made .to verify that there are not
frequent overflows from the roof downspouts during more regular storm events. This
could be an indicator of trench failure.
STONE INFILTRATION TRENCHES
At a minimum, trenches shall be inspected after .every major storm event for the first
twelve months, after construction, to ensure they are stabilized and functioning properly.
Thereafter, inspections should take place every .six months and after every major storm
event. Accumulated leaves, trash, grass clippings shall be removed as necessary and
composted or properly disposed ofat the city/town landfill
Ponding water could be a sign of trench failure. If standing water is observed for more
than five to seven days after a rainfall event, the section of the infiltration trench that is
failing shall be replaced with similar materials. The bottom should be scarified or tilled to
help induce infiltration at the contact zone of the receiving soils_
A t
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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands .
1 WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
242-1309
This Order is valid for three years, unless otherwise specified as a special � ? 7 6S
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuanbe
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 grope r, if different
from applicant.
Signatur��i�+��/��;
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this a`5
Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
Of Ma- V x200 5
Month Year
S(fo->4 //),a_ 6e
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
DOWKWi�
NDTARVPUNJC
COi�l01 Al IIA86AdglSM
kt�EON = 7. 200
Cityrrown
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Conservation Commisslon
Signature of Notary Public
Printrd Wamef N tary Public
Sl 277696-0?
My Commidsion Expires (Date)
dby certified mail, return receipt requested, on
5 -'.)7 AS
Date
wpaform5.doc • rev. 3/1/05 Page 7 of 9
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:
242-1309
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 B of 9
wpaform5.doc • rev. 3/1/05
Y : • K
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1309
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 be submitted to the Consery
Title of the subject
�ion Commission listed below.rder of
tions. The North
ding information
on Page 7 of thisform shall
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:
242-1309
Project Location. DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Book
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
Page 9 of 9
wpaform5.doc • rev. 3/1/05