HomeMy WebLinkAbout- Permits #242-1751 - 2051 SALEM STREET 4/23/2019 Nor,
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1751
Bureau of Resource Protection-Wetlands eDEP Transaction#:1098166
WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER 4
Massachusetts Wetlands Protection Act M.G.L.c, 131,§40
A. General Information
1.Conservation Conunission NORTH ANDOVER
2.Issuance a` F OOC b.r,' Amended OOC
3.Applicant Details
a.First Name CLEON bl Last Name RICHARDS
c.Organization RUTH T.RICHARDS RE,VOCABLE TRUST.'
d.Mailing Address 2053 SALEM STREET
e.City/Town NORTH ANDOVER £State ,;_IySA' g.Zip Code 01845
4.Property Owner
a,First Name CLEON l..Last Name RICHARDS
c.Organization RUTH T.RICI IARDS REVOCABLE TRUST''.
d.Mailing Address 2053 SALEM STREET
e.City/Town NORTH ANDOVER f.State MBA g.Zip Code 01845
5.Project Location
a.Street Address 2051 SALEM STREET
b.CiVTown NORTH ANDOVER c.Zip Code 01845
d.Assessors 108A e.Parcel/L.ot# 0001
Map/Plat#
f.Latitude 42.63726N g.Longitude 71.04959W
6,Property:recorded at the Registry of Deed for:
a.County b.Certiticate c.Book d.Page
NORTHERN ESSEX 4637 27
7.Dates
a.Date NOI Filed;2/19/2019 b,bate Public Hearing Closed: 4/10/2019 c.Date Of Issuance;4/16/2019
8.l±inal Approved Plans and Other Documents
a.Plan Title: b.flan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PLAN FOR
SLJ13SURFACE
SEWAGE BENJAMIN C.' BENJAMIN C.OSGQOD, April 5,2019 1"=2Q'
DISPOSAL OSGOOD,P,I ." JR,P.E.
SYSTEM(2
SHEETS)
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this
application and presented at the public hearing,this Commission finds that the areas in which work is proposed is x
significant to the following interests of the Wetlands Protection Act.
Cbeck all that apply:
p
a.r Public Water Supply b. Land Containing Shellfish c.F Prevention of Pollution
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Massachusetts Department of Environmental Provided byMassDEP:
ProtectionMassDEP File#:242-1 751
Bureau of Resource Protection-Wetlands el)EP Transaction :1098166
WPA Forms 5-Order of Conditions City/fown:NORTIYANDdVER
Massachusetts Wetlands Protection'Act M.G.L.c. 131,§40 .'
d.W Private Water Supply e. W Fisheries f.Tv- Protection of Wildlife Habitat
g. 17 Ground Water Supply h. F Storm Damage Prevention., i.P Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a ry The following conditions which are necessary in accordance with,the performance standards set forth in the
wetlands regulations.This Commission orders that all work shal(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.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of time Act,and a final Order of Conditions is
issued.A description of the specific information which is racking and why it is necessary is attached to
this Order as per 310 CMR M05(6)(c).
3 r Buffer Zone Impacts:Shortest distance between limit of projcct disturbance and the wetland
resource area specified in 310CMRI0.02(1)(a).
a.linear feet
Inland Resource Area fmpacts:(F'or 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.r Bordering Vegetated Wetland
a.square feet b,square feet c,square feet d.square feet
b.r Land under Waterbodies and Waterways
a.square feet b.square feet a.square feet d.square feet
e.cly dredged f.cly dredged
7.r Bordering Land Subject to Flooding
a.square feet b square feet c.square feet d.square feet
Cubic Feet Flood Storage
e,cubic feet rf rabic feet g.cubic feet h.cubic feet
s.r Isolated Land Subject to Flooding
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1751
Bureau of Resource Protection-Wetlands e1]EP Transaction 4:1098 166
WPA Form 5-Order of Conditions CityCfown:NORTH Ai`IDOVEit
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
a.square feet b.square feet
Cubic,beet Flood Storage
c.cubic feet d.cubic feet e,cubic feet f.cubic feet
9.1J Riverfront Area 4000 4000 _
a.total sq.feet b,total sq.feet
Sq ft within 100:t
c,square feet d.square feet e.square feet f. square feet
Sq ft between 100-200 ft 4000 4000 0 0
g. square feet 1t.,kyuare feet i.square feet j,square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration. Alteration Replacement Replacement
10.1'Designated Port Areas Indicate size under Land Under the Ocean,below
11.1—Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.ciy dredged
12.r-Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.P'Coastal Beaches
a.square feet b.square feet c,cly nourishment d.cly nourishment
14.1—Coastal Dunes
a.square feet b.square feet c,cly nourishment d,c/y nourishment
15.f-Coastal Banks
a,linear feet b.linear feet
16.r-Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes _
a.square feet b'., are feet c.square feet d.square feet
18.f Land Under Salt fonds
a.square fcet.b square feet
cc.c/y dredgeddredged,d.'-&y dredged
19.C"Land Containing Shellfish
aa.square feet 6.square feet c,square feet d.square feet
Indicate size under.Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c,c/y dredged d.cIy dredged
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#-.242-1751
Bureau of Resource Protection-Wetlands eDEP Transaction 4:1098166
WPA Form 5-Order of Conditions City/fownNORTH ANDOVER
Massachusetts Wetlands Protection Act M,G,L,c. 131,§40
—iFf—
2 1.r-Land Subject to Coastal Storm Flowage 4
a.square feet b;sQuare feet
22.
r' Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a w tjadd resource area in addition to the square footage
that has been entered in Section B.5.c&d or B.I 7.c&d above,please entered the additional amount here
a.square feet of BVW b.square fe&ot:Salt Marsh
23,
r-Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement
stream crossings,
a.number of new stream crossings b,number of replacement stream
crossings
C.General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to
private property or invasion of private rights.
3. This Order does not relieve the permittee or any other persoi:y6f the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,br regulations.
4. The work authorized hereunder shalt be completed within';ttreryears 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 6ie more than three years,but less than five
years,from the date of issuance.If this Order is Lntc�dcd tabe valid for more than three years,the
extension date and the special circumstances w aiidiig li4,`extcnded 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 t1)'6"6xpiration 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 I and upon
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1751
Bureau of Resource Protection Wetlands e1JEP Transaction#:1498166
WPA Form 5-Order of Conditions CitytTown:NORTIJANDOv>R
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
which the proposed work is done.The recording information, hall be submitted to the Conservation
Commission on the form at the end of this Order,which fori6 m; ust be stamped by the Registry of Deeds,prior
to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing
the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1751"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a parry to all agency proceedings and hearings before Mass DEP.
l2. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall
have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with
the conditions stated in this Order,and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in lraterest 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 woik: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 mairitaia6d until a Certificate of Compliance has been
issued by the Conservation Commission.
18. All sedimentation barriers shall be.maintained in good repair iiitil 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 tke 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 h may deem necessary.Sedimentation barriers
shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)R 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 require d''by Storrwater Standard 8,Construction period
erosion,sedimentation and pollution control measures am 6i management practices(BMPs)shall remain
in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-constrWion stormwater DMPs unless and until a
Registered Professional Engineer provides a Certificatidn:th k:'i. all construction period BMPs have been
removed or will be removed by a date certain specific i'iiietertifcation.For any construction period
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Massachusetts Department of Environmental Pr-ovided by MassDEP:
Protection Ma&sDEP File 4:242-1751
Bureau of Resource Protection-Wetlands eD1 P Transaction#:1098156
WPA Form 5-Order of Conditions City/Town:iVORTx Armovl R
Massachusetts Wetlands Protection Act M.G.L.c, 131,§40
BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;if.,as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is
fully stabilized;iii. any illicit discharges to the stormwatc{;irlanagement system have been removed,as per
the requirements of Stormwater Standard 10;iv, all post-ooltstr action stormwater BMPs are installed in
accordance with the plans(including all planting plans)appzoyed by the issuing authority,and have been
inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation
associated with post-construction BMPs is suitably.established to withstand erosion.
c) The landowner is responsible for BMP maintenance uritil.:'the;issuing authority is notified that another party
has legally assumed responsibility for BMP maintenance.'Prior to requesting a Certificate of Compliance,or
Partial Certificate of Compliance,the responsible party'(Ji ined 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 BMP Operation
and Maintenance Plan("O&M Plan')and certifying the following:i.)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be
notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management
BMPs and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-
term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater
Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector
General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation
of the Order of Conditions or Certificate of Compliance,lii'tie case of stormwater BMPs that are serving
more than one lot,the legally binding agreement shall also il&titify the lots that will be serviced by the
stormwater BMPs.A plan and easement deed that grant,`this ktsponsible party access to perform the required
operation and maintenance must be submitted along with i elf gaily binding agreement.
f) The responsible party shall operate and maintain all stoii�ater BMPs in accordance with the design plans,
the O&M flan,and the requirements of the Massachus-&t .5t6rmwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for tli'elAi� thine(3)consecutive calendar years of
inspections,repairs,maintenance and/or replacement of the stormwater management system or any part
thereof,and disposal(for disposal the tog shall indicate�&t type of material and the disposal location);
Z.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 Coxirmission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with 4he requirements for each BMP established in
the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs.shall be disposed of in accordance with
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Massachusetts Department of Euviroamental Provided by MassDEP:
Protection MassDEP File P:242-1751
Bureau of Resource Protection eDEP Transaction#:1098166
-Wetlands WPA Form 5-Order of Conditions Cityffown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
OR
all applicable.federal,state,aria local laws and regulatA'2"'"'.
i) Illicit discharges to the stormi�ater management systel;K'�-I�:'�'46incd in 310 CMR 10.04 are prohibited.
The stormwatcr management system approved in the did shall not changed er, ,�.Condition tbech without the
prior written approval of the issuing authority,
k) Areas designated as qualifying:pervious areas for the purppi�of the Low Impact Site Design Credit(as
defined in the MassDE P Stormwater Handbook,Volume 3,,' 6pter 1,Low Impact Development Site Design
- �
Credits)shall not 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 BM-Ps shall include access gates and shall,he at least six inches above grade to allow for
wildlife passage.
Special Conditions.
D.Findings Under Municipal Wetlands Bylaw or Ordinance
l.Is a municipal wetlands bylaw or ordinance applicable?ry Yes r No
2,The Conservatig[]Commission h=by(the ck one that appliesL
a,r DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically:
1.Municipal Ordinance or Bylaw 2,Citation
Therefore,work on this project may not go forward unlcss�nd 6til a revised Notice of Intent is submitted which
provides measures which are ade4uate to meet these standAs,-and a final Order or Conditions is issued.Which
are necessary to comply with a municipal ordinance or byl
b,
APPROVES the proposed work,subject to the
following additional conditions.
NORTH ANDOVER
1,Municipal Ordinance or WETLANDS Citation CHAPTER 178
Bylaw
BYLAW
3. from
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 ra the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall coatrol.
The special conditions relating to municipal ordinance or bylaw are as follows:
SREA71ACKED
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Massachusetts Department of Environmental provided by MasslaFP:
Protection MassDEP File4:242-1751
Bureau of Resource Protection-Wetlands eDEP Transaction#:t 098166
'V4WPA,Form S w Order of Conditions eityltown;NO1tTH AlVDOVER
Massachusetts Wetlands Protection Act M.G.L,c. 131,§40
E.Signatures
This Order is valid for three years from the date of issuance,unless otherwise
specified pursuant to General Condition#4,If this is an Amended Order of 1,l5a,le of Ori ' al Order
Conditions,the Amended Order expires on the same 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 elec onically and the property owner,if different frown applicant.
Signatures:
r— by hand delivery on My certified mail,return receipt requested,on
Date Date G�
F.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,
or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions,The request must be made by
certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
Departmental Action Fee"transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date
of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Oider associated with this appeal will be required to
demonstrate prior participation in the review of this project.Previotj5 participation in the permit proceeding means
the submission of written information to the Conservation Comini§ ciii prior to the close of the public hearing,
requesting a Superseding Order,or prgviding written informatiiita tii;tlie 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 ire;€he 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,
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File B:242-1751
Bureau of Resource Protection-Wetlands eDEP Transaction#:1098166
WPA Form 5-Order of Conditions City(Fown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M,G.L.c. 131,§40
(KG.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.
G.Recording Information
This Order of Conditions must be recorded in the Registry of a, -
the Land Court for the district in which the
land is located,within the chain of title of the affected propertg'.' n L hie case of recorded land,the Final Order shall
also be noted in the Registry's Grantor Index under the name of th.downer of the land subject to the Order.In the case
... q -
of registered land,this Order shall also be noted on the Land,Q, 16tift'C�rtificate of Title of the owner of the land
subject to the Order of Conditions.The recording information on 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:
2051 SALEM STREET 242-1751
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of.
County Book Page
for:
Property Owner CLE014 RICHARDS
and has been noted in the chain of title of the affected property
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
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Massachusetts Department of Environmental Provided byMassDEP:
ProtectionMassDEP File#:U2-1751
Bureau of Resource protection-Wetlands eDEP Transacrion#:10981 66
Citylrovm:NQRTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection-Act M.G L,c.
Signature of Applicant 96t.&nrOW
I
u
B _
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DEP FILE#242-1751
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 praposaIs
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
NJ
20. The proposed work includes: construction of a new single family home, subsurface
sewage disposal system, well and driveway with associated utilities, site grading,
drainage and landscaping portions of which are within Riverfront Area to Boston
Brook.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):.
Applicant/Property Owner: Cleon Richards.
Ruth T. Richards Revocable Trust
2053 Salem Street
North Andover,MA 01845
Representative: Benjamin Osgood,Jr.
157 Bluff Street
Salem, NH 03079
Documents: WPA Form 3-Notice of Intent
Received: February 8,2019
Including Project Description,Alternatives Analysis,
Copy of Checks;Wetland Fee Transmittal Form,
Notificationfo'°Abutters,Abutters List,Site
Photographs,.associated Maps and appendices
i
Letter frorn"Division of Fisheries &Wildlife
Date: Febrti�ry 21,2019
NHESP File No. : 19-38369
Record Site Plans: Plan.for Subsurface Sewage Disposal System (2 Sheets)
Prepared For: Property owner Ruth T. Richards
Revocable Trust
Stamped by: Benjamin C. Osgood,P.E.
Date: February 6,2019
Last Revised: April 5,2019
242-1751,Salem Street 2051 spec cond 1 NACC 4/16/2019
Bk 15821 Pg37 #8458
DEP FILE#242-1751
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply=.to;�and be binding upon,the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenanxtsdwall 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 I0.00),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,§b notified the applicant in writing.
26.This Order does not relieve the permittee'O�r WY other person of the necessity of
complying with all other applicable federal," tate or local statutes, ordinances,by-laws
and/or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28,This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days 30prior to the exl2iration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations),
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
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30.Where the Department of Environmental Protection(DBP) is requested to make a
determination and to issue a Superseding:Or4qr, the Conservation Conx-Aission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland.crossin9 in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Riverfront
Area. This resource areas 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.
33. The NACC did not approve the delineation of the resource area as it is on property of
others.
34. This lot is part of an ANR plan approved by the Planning Board on January 22,2019.
310 CMR: 10.58 (4) (d) 1. Allows for alteration,of up to 10% of the Riverfront Area.
Riverfront Area on the lot totals 8,550 s.,f. and"proposed alteration is 4,000 s.f. which
exceed the 10%. Per 10.53 (3)C(limited projo-a-provision) a minimum width driveway
to access an upland area is permissible.'Nd-at itional alteration of Riverfront Area is
allowed on this lot per 910CMR 10,53Q (e}-"Iiy'?,bervetuitv.
35. This document shall be included in all cohg6ikfion contracts,subcontracts, and
specifications dealing with the work propose'd'and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitt4work are fully aware of the permit's
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.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event-of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or down.stream'Wre' as will not be subject to flooding,storm
damage or any other form of water damage,.,
PRIOR TO CONSTRUCTION
r
37. No work shall be undertaken until all adnunisrative appeal periods from this Order
have elapsed or,if such an appeal has been fif6d,until all proceedings before the
Department or Court have been completed.
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38. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the.format the`''`nd of this Order prior to
commencement of the work. Any Order nit recorded by the applicant before work
commences may be:recorded by the NACC at the applicant's expense.
39. A sign shall be displayed at the site not 1q§ t two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1751."
This sign shall remain posted until a Certificate of Compliance is obtained.
40. 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.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are colaplied with, The project engineer and
contractors are to be provided with a copy:c tthis Order of Conditions and referenced
documents before commencement of conS06ction.
it
42. Prior to any work commencing on-site, the,applicant shall submit to the NACC for
approval,a dated and detailed sequence&04,mstruction, including the installation of
erosion controls, site clearing, constructi&z;):Patving, and final stabilization.
43. 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 04.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
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of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
44. Compost/bark mulch filter sock (biodegradabl,6,no plastic netting)backed by
trenched siltation fence shall be placed between all construction areas and resource
areas as shown on the herein referenced plah,' 'The erosion control barrier will be
properly installed and placed as shown on ltheplans approved and referenced herein
and shall be inspected and approved by.,the l 1ACC or its agent prior to the start of
construction and shall remain intact until'oll'-di; . rbed areas have been permanently
stabilized to prevent erosion. All erosion` .,'� v6ntion 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 rnitiga�e 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,
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of thirty (30) extra feet of compost filter sock and additional
stakes for staking. Said erosion controls shallbe used only for the control of
emergency erosion problems and shall not b&'ti'sed for the normal control of erosion.
46. Prior to the start of house construction, a R�'gisfered Land Surveyor (R.L.S.) shall stake
the foundation locations'within the 100-foo zone. These measurements will be
verified in the field by the Conservation D,!.,q '4"1,tment.
47. A check payable to the Town of North Andt�'r' shall be provided in the amount of
$3,000 which shall be in all respects satisfacto�y 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. Sa deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project, provided that provisions,satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local Bylaw.
48. The applicant shall designate a Wetland Scier'fist (or other environmental professional
as approved by the NACC or its agent) as an-'"Vrosion Control Monitor" to oversee
any emergency placement of controls and regular
ar inspection or replacement of
ph sedimentation control devices. The name�-ap, one number of the erosion control
-'went that this person has to be
monitor must be provided to the NACC ih4fi�, v
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contacted, due to an enforgency at the site�--ft;ting any 24-hour period,including
weekends. Proof of th -retained monitor=fri es 'be submitted to the Conservation
Department on letterhead by the retained',tonbi tilting firm. This person shall be given
the authority to stop construction for erosion'..control purposes. The Environmental
Professional will immediately notify the Cori'gervation 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.
49. 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 Conii'ol 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 erosi { o trols are adequate and secure.
50. The applicant and/or the legal owner of if a fbrtion of land upon which these Orders
of Conditions have been placed shall provfd&$j the NACC prior to transferring,or
assigning any portion of said land to another'} arty, subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of per jury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
51.. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor,the monitor and the applicant to.°tersure that all of the Conditions of this
Order are understood. This Order shall be'.ii hided in all construction contracts,
subcontracts, and specifications dealing with'.t, 0 work proposed and shall supersede
any conflicting contract requirements. ThePIicant shall assure that all contractors,
subcontractors and other personnel perfO.'Oft the permitted work are fully aware of
the peran dfs terms and conditions, Thered-tei,`the contractor will be held jointly liable
for any violation of this Order of Conditiors. gutting from failure to comply with its
conditions. The applicant or contractor shall'=i-iotify the NACC in writing of the
identity of the on-site construction supervisor' tired to coordinate construction and to
T.
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DEE FILE#242-1751
ensure compliance with this Order, A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
STORMW.ATER MANAGEMENT CONDITIONS
52.The property will have a foundation drain system installed per the detail on the
approved plans referenced herein
53.The driveway with Riverfront.Area shall have"A two percent(2%) slope toward a stone
Swale on the east side of-the paved access...GiaUes shall be provided on the as-built
plan to certify this condition.
54. Water quality in down gradient BVW's sh4l",`46t differ significantly following
completion of the project from the pre-develo�ment conditions. There shall be no
sedimentation into wetlands or water bodip�Jkoln discharge pipes or surface runoff
leaving the site.
55. The applicants, owners,and their successors aid assignees, shall maintain,in
perpetuity, all culverts, collections basins,trap, outlet structures, infiltration
structures,and other elements of the drainage'system,in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas,and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
56. Upon beginning work, the applicant shall subi ut written progress reports weekly (as
part of the erosion control monitoring report, ondition#49 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.bphsttuction sequence.
57. Dewatering activities are not proposed as�par }i�f this filing. If dewatering is required
the applicant shall provide for the pumped vrdter to be contained in a settling basin
(hay bale ring lined with filter fabric and crru hed stone,) to reduce turbidity prior to
discharge into a resource area even if a dewatering bag is used. This dewatering area
shall be approved by the Conservation Department prior to installation. No discharge
of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act.
u
58, At the start of lot clearing a stabilized construction entrance shall be established in
accordance with the herein referenced plans (Sheet 2 of 2) to minimize sediment
tracking on to adjacent roadways. Paved areas shall be swept daily to remove
sediment deposited by construction vehicles accessing the site.
t,
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DEF FILE#242-1751
59. Any fill used in connection with this project shall be clean fill/natural materials,
containing no trash, refuse, rubbish or debris,. including but not limited to concrete,
crushed glass,lumber, bricks, plaster,wire, 4th, paper, cardboard, pipe, tires,ashes,
refrigerators, motor vehicles or parts on any of.'the foregoing.
60. All exposed soil finish grrade surfaces shallc. >rnnc�ediately landscaped and stabilized,
or loamed,seeded and mulched,with a,layer.caf mulch hay. All disturbed areas must
be graded, loamed and seeded prior to No '. Y. 5 r 15t of each year. Outside of the
growing season, exposed soil finish grade StWfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as diz ected 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.
61. 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,
62. There shall be no stockpiling of soil or other materials within the Riverfront Area.
Stockpiled materials shall be stored within erosion controls in the location shown on
the herein referenced plan.
63. All catch basins and any other stormwater i l0t8 on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system (except where proposed to be bloeUd?�ok removed). Silt sacks shall be
maintained and regularly cleaned of sedirfi6fits'until all areas associated with the work
permitted by this order have been liermaMh�Y'stabilized and the NACC or its agent
has formally approved their removal. '
64. Washings from concrete trucks, or surplus concrete, shall not be directed to any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
65. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dum.psters (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-breas subject to protection under the Act
or local Bylaw.
66. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
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DEP FILE#242-1751.
67. During and after work on this project,there'sliall be no discharge or spillage of fuel,or
other pollutants into any wetland resource AT.Oa. If there is a spill or discharge of any
pollutant during any phase of construction tle.NACC shall be notified by the
applicant within one (1)=,business day. N04Q�struction vehicles are to be stored within
100 feet of wetland resource areas,and no,;ygJNcle refueling,equipment lubrication, or
maintenance is to be done within 100 feet:6 a,-)esource area.
AFTER CONSTRUCTION
68. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall survive a Certificate of Compliance. This condition is issued
under the authority of the Town's Wetland Protection Bylaw.
69. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Towns Wetland
Protection Bylaw and shall survive the isst, ,of a Certificate of Compliance.
70, There shall be no dumping of leaves, grads clilapings,brush, or other debris into a
wetland resource area. This condition sh41tijx,wive the issuance of a Certificate of
Compliance. '
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanentlft" gainst erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. Upon approved site stabilization by Conservation staff,the erosion controls shall be
reproved and properly disposed of and all exposed unvegetated areas shall be seeded.
73, 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 Q-�f ificate of Compliance.
C. The name and address of the current laY't&Weer.
d, Signed statements from the individual;.' c rty owners shall be submitted with
the request for a Certificate of Complrace,izzdicating that they read and
understood the recorded Order of Cot'clz > s prior to purchasing their property.
e. The name and address of the indlvidr °/i, t or corporation to whom the
compliance is to be granted.
f. The street address and assessor's reap/parcel number for the project.
is
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DEP FILE#242-1751
'h
& 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,in the same scale as the record plan referenced herein,
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 and. This plan will include:
➢ "As-Built" post-development elev,,at ons of all drainage&stormwater
management structures constructe,4 ithin 100 feet of any wetland resource
area and within the Riverfront f +This shall include the slope of the
driveway as it is required to haveya,91 o slope toward the stormwater swale
NOTE: If portions of the systems exist partially within the
Buffer Zone then the entire strucjtdip'rust 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 Iine showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities:6htering the property.
74. The following special conditions shall suni!.*the issuance of a Certificate of
Compliance (COC) for this project: '
➢ No further alteration of Riverfiol. ` yea on the lot(Condition#34);
➢ Storrrlwater Management Conditions (Condition #525);
➢ Discharge or spillage of pollutants (Condition #67);
�j
➢ Prohibition of underground fuels (Condition#68);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#69);
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➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#70).
0
9
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Bk 15821 Pg47 #8458
DEP PILE#242.1751
APPENDIX A AFFIDAVIT
p
1, on oath hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST ONE BLOCK)
x, I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by WEP or NACC number)
the North Andover Conservation Commission.
8r/or
2. lam the Of
(position with owner) (owner xnarne)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission..
& - 0,
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
1 inspected said property together with any and aH 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 bile#)
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#)
u
Signed under the pains and penalties;:of perjury this aywsf 20
(Signature-autl it U."C'd rgent of applicant or owner)
I', 242-1751,Salem Street 2051 spec cond 12 NACC 4I16I2019