HomeMy WebLinkAboutPermits - 332 HILLSIDE ROAD 7/16/2018 Massachusetts Departmentof Environmental Provided by MassDE.h:
Protection MassDEP File#:242-1738
Bureau of Resource Protection-Wetlands eDEP Transaction#:1030932 1
WPA E?orin 5- Order of Conditions City/Town:NORTH ANDOVER.
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
A. General Cnforination �
1.Conservation Commission NORTH ANDOVER j
2. Issuance a, Mr" OOC 0— Amended OOC
3.Applicant Details
a.First Name PETER b.Last Name CALDERALZO
c.Organization
d.Mailing Address 322 HILLSIDE ROAD
e,Cityrfown NORTH ANDOVER f. State MA g.Zip Code 01845
4.Property Owner
a,First Name PE'T'ER b.Last Name CALDERAZZO
c.Organization
d,Mailing Address 322 HILLSIDE ROAD
e.City/Town NORTH ANDOVER f State MA g, 'Lip Code 01845
5. Project Location
a,Street Address 322 HILLSIDE ROAD
b.City/Town NOR'I'l-I ANDOVER c.Zip Code 01845
d,Assessors 25 e. Parcel/Lotf/ 1
Map/Platlt
f Latitude 42.66124N g.Longitude 71.1.1717W
6.Property recorded at the Registry of Deed for:
a.County b.Certiticate c,Book, d.Page
NORTHERN ESSEX 03490 0118
7,Dates
a.Date NOI Filed: 6/12/2018 b.Date Public Hearing Closed: 6/27/2.018 c.Date Of Issuance: 7/16/2018
8,Final Approved Plans and.Other Documents
a.Plan Title: b.flan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SITE PLAN C-1 & P.CAI.,DER.AZZO PETER A.CAI..,DERAZZO, June 2018 1"-20'
C-2 P.E.
B.Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenecd 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 fallowing interests of the Wetlands Protection Act.
Check all that apply:
a, Public Watcr Sb, 1upply Land Containing Shellfish c.[,—/ Prevention of Pollution
d, W Private Water Supply e. r Fisheries f lv Protection of Wildlife Habitat
g. Iv Ground Water Supply h. Ik Storm Damage Prevention i. W Flood Control
2. Commission hereby finds theproject,as proposed,is:
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1738
Bureau of 1�esource"Protection-Wetlands eDEPTransaction#:1030932
WPA Form 5-Order of Conditions City[I'own:NOWrH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
...................... ........
Approved subject to:
a.ry The following conditions which are necessary in accordance with the performance standards set forth in the
wetlands regulations.This Corrunission orders that all work shall be performed in accordance with the Notice of
Intent referenced above,the following General Conditions,and any other special conditions attached to this
Order. To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.
Therefore,work 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 interests of the Act,and a final Order of Conditions is issued.A
description of the performance standards which the proposed work cannot meet is attached to this
Order.
e.r'The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A description of the specific information which is lacking and why it is necessary is attached to
this Order as per 310 CMR 10.05(6)(c).
3,Fv Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland 45
resource area specified in 3 1 OCMR I 0.02(t)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
.................. ----------
4. r Bank
a. linear feet b. linear feet c.linear feet d. linear feet
5.f— Bordering Vegetated Wetland
a.square feet b.square feet c,square feet d. square feet
6. rLand tinder Wateibodies and Waterways
a.square feet b,square feet c.square feet d,square feet
e.c/y dredged f.c/y dredged
Tr Bordering Land Subject to Flooding
a.square feet b.square feet c. square feet d.square feet
Cubic Feet Flood Storage
e. cubic feet f cubic feet g. cubic feet h. cubic feet
8.r Isolated Land Subject to Flooding
a. square feet b,square feet
Cubic Feet Flood Storage
c,cubic feet d. cubic feet c. cubic feet f. cubic feet
g.r Riverfront Area
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 11:242-1738
Bureau of Resource Protection -Wetlands eDEP Transaction#1:1030932
WPA Form 5-Order of Conditions Citytrown:NORTIIANDOVER
Massachusetts Wetlands Protection.Act.M.G.L.c. 131, §40
a.total sq.feet b. total sq.feet
Sq ft within 100 ft
c. square feet d. square feet C. square feet f. square feet
Sq ft between 100-200 ft
g. square feet h. square feet i,square feet j. square feet
Coastal.Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
l
10.r Designated.Port Areas Indicate size under Land Under the Ocean,below
11.f"°Land Under the Ocean _
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal.Beaches and/or Coastal Dunes below
1.3,x"Coastal Beaches
a. square feet b.square feet c. c/y nourishment d.c/y nourishment
14.r-Coastal Dunes _
a.square feet b,square feet c.c/y nourishment d.c/y nourishment
15.r-Coastal Banks _
a.linear feet b. lincar feet
16.1 "Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a. square feet b,square feet c. square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged.
19.r-Land Containing Shellfish
a.square feet b, square feet c. square feet d. square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.f"Fish Runs Ocean,and/or inland Land Under Waterbodics and Waterways,
above
c.c/y dredged d,c/y dredged
21.1-`Land Subject to Coastal Storm Flowage
a,square feet b,square feet
22,
r Restoration/Enhancement('For Approvals Only)
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Massachusetts Department of Environ[nental Provided by MassDFP:
Protection MassDFP File#:242-1738 1
Bureau of Resource Protection-Wetlands eDBP Transaction#:1030932
City/T"own:NORTH ANDOVER
WPA Form 5-Order of Conditions f
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a. square feet of BVW b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Strearn Crossings,please enter the number of new strearn crossings/number of replacement
stream crossings.
a.number of new stream crossings
b.number of replacement stream
crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. ;Failure to comply with all conditions stated herein,and with all related statutesand other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges,it does not authorize any injury to
private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended.Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,
or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles,or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal
has been taken,until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected
property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under
the name of the owner of the land upon which the proposed work is to be done.In the case of the registered
land,the Final Order shall also be noted on the Land Court Certificate of"Title of the owner of the land upon
which the proposed work is done.The recording information shall be submitted to the Conservation
Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior
to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing
the words,
" Massachusetts Department of Environmental.Protection"
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I
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1738
Bureau of Resource Protection-Wetlands cDEPTratisaction th 1030932
WP.A Form 5 -Order of Conditions Cityffown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
.............
[or'MassDEP"]
File Number:"242-1738"
11, Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a patty to all agency proceedings and hearings before Mass DER
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition 413 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall
have the right to enter and inspect the area Subject to this Order at reasonable hours to evaluate compliance with
the conditions stated in this Order,and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject
to this Order and to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the
boundary of the wetland in the vicinity of proposed work area shall be marked by wooden stakes or flagging.
Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been
issued by the Conservation Commission,
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized
with vegetation or other means.At no time shalt sediments be deposited in a wetland or water body.During
construction,the applicant or his/her-designee shall inspect the erosion controls on a daily basis and shall
remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to
require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers
shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE RLQUIR-EMENTS
19. The work associated with this Order(the"Project")is(I) r is not(2)l—v, subject to the Massachusetts
Stormwater Standards.If the work is subject to Stormwater Standards,then the project is subject to the
following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented
in accordance with the construction period pollution prevention and erosion and sedimentation control plan
and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period
erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain
in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater 13MPs unless and until a
Registered Professional Engineer provides a Certification that: i. all construction period 13MPs have been
removed or will be removed by a date certain specified in the Certification.For any construction period
BMI's intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;ii., as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is
fully stabilized;W. any illicit discharges to the stormwater management system have been removed,as per
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDFP File#:242-1738
Bureau of Resource Protection-Wetlands eDEP Transaction#:1030932
WPA Form 5-Order of Conditions C ity/I own:NORTII ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. '131, §40
the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in
accordance with the plans(including all planting plans)approved by the issuing authority,and have been
inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation
associated with post-construction 13MPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party
has legally assurried responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or
Partial Certificate of Compliance,the responsible party(defined in General Condition 19(c))shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")
for the Stormwater BMPs identifying the party responsible for implementing the stormwater 1.3MP Operation
and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be
notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management
BMPs and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-
term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater
Pollution Prevention Plan required by the National.Pollutant Discharge Elimination.System Multi-Scetor
General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for maintaining each BMP.To overcome this presumption,the'landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f)through 1.9(k)with respect to that BMP.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation.
of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving
more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required
operation and maintenance must be submitted along with the legally binding agreement.
I) 'fie responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,
the O&M Plan,and the requirements of the Massachusetts Stormwater Handbook,
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of
inspections,repairs,maintenance and/or replacement of the storunwater management system or any part
thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")
upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with the requirements for each BMP established in
the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater 13MPs shall be disposed of in accordance with
all applicable federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall trot be changed without the
prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as
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Massachusetts Department of Environmental Provided by MassDI-P:
Protection MassDEP File 4:242-1738
Bureau of Resource Protection-Wetlands cDEPTransaction#i.1030932
WPA Form 5-Order of Conditions Citytl'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40
_..._ .......
defined in the MassDEP Stormwater handbook,VO1urnc 3,Chapter 1, 1,ow Impact Development Site Design
Credits)shall riot be altered without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed
around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions:
D.Findings Under Municipal Wetlands Bylaw or Ordinance
1.1s a municipal wetlands bylaw or ordinance applicable?p' Yes t„W No
231ic Conservation Commission hereby(check one that applies):
a.r DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically:
I.Municipal Ordinance or Bylaw 2. Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which
provides measures which are adequate to meet these standards,and a final Order or Conditions is issued. Which
are necessary to comply with a municipal ordinance or bylaw:
b. APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER.
1.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 7.. Citation CHAPTER 178
BYLAW
3 The Commission orders that all work shall be performed in accordance with the following conditions and with the
Notice of Intent referenced above.To the extent that the following conditions modify or differ frorn the plans,
specifications,or other proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE?ATTACKED
i
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1738
Bureau of Resource Protection-Wetlands eDEP Transaction#:1030932
WPA Form 5-Order of Conditions City/Town;NOf2`TI3 AND(7vEIt
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
t
L.Signatures
This Order is valid for three years from the date of issuance,unless otherwise
specified pursuant to General Condition#4.If this is an Amended Oder of 1."Dat of 6rigin l Order _.._.
Conditions,the Amended Order expires on the sante date as the original Order of �
Conditions.
Please indicate the number of members who will sign this form.This Order must 2.Number of Signers
be signed by a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also
must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection
Regional.Office,if not filing electronically,and the property owner,if different from applicant.
Signatures:
` Q C
r by hand delivery on y c ertrfied r ail,octroi i t requested,on
---------------- - 7--/- -/- 1-1-1 1----------------
Date Date
F.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,
or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
appropriate MassDF;P Regional Office to issue a Superseding Order of Conditions.The request must be made by
certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
Departmental Action Fee"Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date
of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to
demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means
the submission of written information to the Conservation Commission prior to the close of the public hearing,
requesting a Superseding Order,or providing written information to the Department prior to issuance of a
Superseding Order.
The request shall state clearly and concisely the objections to the Order which is'being appealed and how the Order
does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act
(M.G.L. c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the
Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
Page 8 of 9*ELECTRONIC;COPY
.Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 11:242-1738
Bureau of Resource Protection-Wetlands eDPP Transaction#x:1030932
WPA Form 5-Order of Conditions Citytfown:NORTI I ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
(M.G L c. .1.31, §40and 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.
G.Recording Inforanation
This Order of Conditions must be recorded in the Registry ofDeeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property.In the case of recorded land,the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case
of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land
subject to the Order of Conditions,The recording information on this page shall be submitted to the Conservation
Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
------------ - ------------------------- ------------
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
322 HILLSIDE ROAD 242-1738
Project Location MassDEP File Number
Has been recorded at the Registry of Reeds of:
County Book Page
for:
Property Owner PETER CALDERAZZO
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
Page 9 of 10 ELECTRONIC COPi'
Massaebusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1738
Bureau of Resource Protection -Wetlands &DEP Transactiori#:1030932
WPA Form 5-Order of Conditions CityfFownNORT11 ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Signature of Applicant Rev.4/112010
Page 10 of 10 ELECTRONIC COPY
DEP FILE # 242-1738
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the followim,,conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a two-car garage and master suite
addition (37' x 28 ) to an existing single family home. Work includes the removal of an
existing deck and paved parking area and turn-around, relocation of existing utilities
(gas and electric), installation of a drywell for roof run.-off and a brick walkway, and
minor site grading and surface restoration to the modified driveway. Work is within
the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW). Wetland restoration
of a lawn area and permanent monumentation is also required.
21. The work shall conforryi to the following (except as noted in the remainder of this
document where revisions may be required):
Property Owner/Applicant: Peter Calderazzo
332 Hillside Road
North Andover, MA 01810
Documents: Notice of Intent Application including
WPA Form 3 -Notice of Intent
Received: June 12, 2018
Including Letter from Peter A. Calderazzo, P.E.,
Welland Fee Transmittal Form, Application Checklist,
Narrative Report and Figures, Certified Abutters List
and Notification to Abutters, and Wetlands Delineation
Report.
Site Plans prepared by: P. Calderazzo
Titled: Site Plan C-1 (Existing Site Plan) & C-2 (New Site
Plan with Addition
Dated: June 201.8
Scale 1"=20'
Signed and Stamped by Peter A. Calderazzo, P.E.
22. The term "Applicant," as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
242-1738,Hillside Rd 332 special conditions 1 NACC 7/16/2018
DEP FILE # 242-1738
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shalt apply to, and be binding upon, the applicant,
owner, its employees and. all successors and assigns in interest or control. These
obligations shalt be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three nears from the date of
this order.
28. This 01'-der may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration. date of the Order (Refer to Section 83 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
242-1738,Hillside Rd 332 special conditions 2 NACC 7/16/2018
DEP FILL # 242-173€3
31. This Order of Conditions is issued in addition to those issued under File Nos. 242-980.
A Certificate of Compliance was issued on December 4, 2001.
32. Any future project which proposes a wetland crossing in order to access certain.
portions of the property will not be qualified as a limited project roadway under 31.0
CMR 1.0.53(e).
33. The followingwetland resource area is affected by the proposed work: Bordering
Vegetated Wetland (BVW). This resource area is significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified
interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas as
shown on the plans dated referenced herein (WF Al - A14 as revised).
35. The NACC finds that the intensive use of the upland areas and buffer zones 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-Build Zone shall be established from the
edge of BVW except as shown on the herein referenced plan and as required in
Condition #36 & #51. 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 3.1, 3.4 &Appendix F of the local Regulations).
36. An area of BVW is currently maintained as lawn. This area (between flags A1.1 - A13)
will be planted with six (6) native shrubs and allowed to return to a natural state.
Plants shall be monitored for 1 full year and replaced if necessary. The area will be
monumented with two pressure treated posts mounted with wetland markers
(available at the Conservation Department - see condition#51). In addition, all yard
debris and brush placed within the resource area shall be removed.
37. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
38. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
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DEP I+ILL+ #242-1738
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
i
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
40, This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Cone-nission 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 Number 242-1.7,38."
42. Any other changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation.. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and.
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the installation of
erosion controls, foundation installation, framing, planting, monumentation, and final
stabilization.
242-1738,Hillside Rd 332 special conditions 4 NACC 7/16/2018
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DEP FILE #242-1,738
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 erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and. shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
46. A compost or bark mulch filter sock (minimum 1.2") shall be placed between all
construction areas and resource areas as shown on the herein referenced plan. The
erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall. be inspected and approved by the NACC or
its agent prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC., they shall be
installed within 48 hours of the Commission's request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of an extra twenty (20') feet of approved erosion controls and
additional stakes for staking. Said erosion controls shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion..
48. A check payable to the Town of North Andover shall be provided in the amount of
$1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town'Treasurer. through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall, be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
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DEP FILE 9 242-1738
49, The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a.written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to addition construction, the applicant shall permanently mark the edge of the
wetland resource area between flags All and A13 (see condition #36) with pressure
treated posts mounted with signs or markers spaced evenly approximately every 30
feet incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (I square for every 3 round markers). Markers shall also be placed on
mature trees at the existing tree line. These markers will designate the sensitivity of
the resource area and assure no further inadvertent encroachment into the wetland.
These permanent markers are subject to review and approval by the NACC, 11he
applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department ($2 round and
$3 square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
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DEP FILE#242-1738
A" signed under the pains and penalties of perjury, stating that said applicant and/or
ownea° has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing; of said land transaction.
53. Once these above mentionedp re-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the monitor 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
0 - J
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and.
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
55. Water quality in down.gradient resource areas 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.
DURING CONSTRUCTION
56. IMPORTANT: hmmediately upon completion of the addition foundation, and prior j
to further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
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57. Upon beginning work, the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#50 above) 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 sequel-ice.
58. Dewatering activities are not proposed as part of the filing. 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.
59. The existing driveway shall serve as the construction entrance for the project. Paved
areas shall be swept daily to remove sediment deposited by construction vehicles
accessing then site.
60. Any fill used in conliection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction,, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
63. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area. Stockpiled materials shall be stored within erosion controls in the location shown
on the herein referenced plan.
64. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system. Silt sacks shall be maintained and regularly cleaned of sediments until all
areas associated with the work permitted by this order have been permanently
stabilized and the NACC or its agent has formally approved their removal.
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DEP FILE #242-1738
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and approved. by the Conservation Department.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland.resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. "he applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed,within 50' of areas subject to protection under the Act
or local. ByLaw.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within.
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) .feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition:is issued under
the authority of the Town's Wetland protection ByLaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 1.00 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall survive the issuance of a Certificate of Compliance.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the posts
and/or wetland markers. This condition shall survive the issuance of a Certificate of
Compliance.
72. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
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loarning and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
73. Upon approved site stabilization by Conservation.staff, the erosion controls shall be
removed and properly disposed of and all. exposed unvegetated areas shall be seeded.
74, Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "•Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or.
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "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 an disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
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Location of No-Disturbance Zone posts with markers.
75. The following special. conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established frorn the edge of adjacent wetland resource areas on lot except in
those locations approved under DEP # 242-1.7,38, Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.1. and 3.4 of the Regulations for performance standards within.
these zones). The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
Resource Area Markers (Condition #36 & #51);
Discharge or spillage of pollutants (Condition #68);
Prohibition of underground fuels (Condition.#69);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#70);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #71).
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APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKATLEAST ONE BLOCK)
I am the -of__
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the.--. of
(position with owner) (owner name)
the owner upon whose land Order of Conditions--....
have been placed tip by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 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 Order of Conditions- ____ are presently in compliance.
(DEP File
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
242-1738,llillside Rd 332 special conditions 12 NACC 7/16/2018