HomeMy WebLinkAbout- Permits #242-1759 - 338 BLUE RIDGE ROAD 7/30/2019 4
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. From:been modified Conservation Commission
with added 2. This issuance is for
space to a. ®Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Michelle Verminski
Important: a.First Name b.Last Name
When filling
out forms on c.Organization
the 338 Blue Ridge Road
computer, d.Mailing Address
use only the
tab key to North Andover MA 01845
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
re4 a.First Name b. Last Name
c.Organization
Stun
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
338 Blue Ridge Road North Andover
a.Street Address b.City/Town
Map 65 Lot 171
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d40m14.05s 71d04m42.28s
d. Latitude e. Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex Doc. #119763-1
a.County b.Certificate Number(if registered land)
c. Book d. Page
June 12, 2019 July 24, 2019 July 30, 2019
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan of Land Showing Proposed Improvements in North Andover, MA prepared for Michelle
Verminski 338 Blue Ridge Road
Merrimack Engineering Services Stephen Stapinski, PE#29876
b.Prepared By c.Signed and Stamped by
July 19, 2019 1"=20'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Denied because:
b. ❑ 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 the 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. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 35'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ 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
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c. nourishment d.nourishment
14' ElCoastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a.linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
B. Findings (cont.)
#23. If the 23. ❑ Restoration/Enhancement*:
project is for
the purpose of
restoring or a.square feet of BVW b.square feet of salt marsh
enhancing a
wetland
resource area 24. ❑ Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVw)or The following conditions are only applicable to Approved projects.
B.I Tc(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures shall be deemed cause to revoke or modify this Order.
the additional g Y � Y
amount here. 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.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(11)(f).
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
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" [or, "MassDEP"]
"File Number 242-1759 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the "Project')
(1) ❑ is subject to the Massachusetts Stormwater Standards
(2) ® is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the 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 Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution 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 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(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.
f) The 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTrans-action#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
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 (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc• rev.6/16/2015 Page 9 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LJ) Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 190
1. Municipal Ordinance or Bylaw et.seq.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of
I WPA For Resources m 5 Order of Coditi ns DEP Transaction#: M•w.
i�� Massachusetts.Wetlands Protection Act M.G.L.c. 131, §40 City/Town.
E. Signatures "2 ,
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 Conditions,the Amended 1,Date of Original Order
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 be signed by 2 Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered10 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:
-V
by hand delivery on r y certified mail,return receipt requested,on
07
..d i
Date Date .
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131, §40),and is
inconsistent with the wetlands regulations(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.
?Rg'e°� ELECTRONIC COPY
Jp '
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1759
WPA Form 5 — Order of Conditions MassDEP File#
LI) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
338 Blue Ridge Road 242-1759
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
for: Michelle Verminski
Property Owner
and has been noted in the chain of title of the affected property in:
Doc. #119763-1
Book Page
In accordance with the Order of Conditions issued on:
July 30, 2019
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
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Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.City/Town,Zip
c.Check number d. Fee amount
Important: 2 Person or art making request if appropriate, name the citizen rou 's representative):
When filling party g q C9 p p )
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
/Q 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
Bnsn
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245 (all other
projects)
❑ Superseding Determination of Applicability— Fee: $120
❑ Superseding Order of Resource Area Delineation— Fee: $120
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"Umber:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office (see http://www.mass.gov/eea/agencies/rriassdep/about/contacts/).
4. 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.
wpaform5.doc• rev.4/22/2015 Page 2 of 2
DEP FILE #242 - 1759
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 following conditions
modify or differ from the plans, specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: removal of existing deck and construction of 6' wide house
addition and basement stair relocation,reconstruction of deck in-kind and removal of
existing stairs, construction of an in-ground pool and hot tub with associated infiltration
trench,fire pit., associated block paver patio, replacement of existing patio with new
paver blocks, pool house, associated retaining wall with minimal grading on wetland
side, driveway extension and repaving of existing driveway, installation of shed and
associated retaining wall, installation of perimeter fencing and wetland no disturb
markers. Selective tree removal is proposed outside the 25-Foot No Disturb Zone. Work
to take place within 100-foot buffer zone to bordering vegetated wetland but outside 25-
foot no disturb zone, with fencings and section of pool retaining wall just inside the 50-
foot no build in order to avoid extensive grading within 50 feet of the wetland. All work
has been kept outside the 200-foot riverfront area to Mosquito Brook.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Michelle Verminski
338 Blue Ridge Road
North Andover, MA 01845
Site Plans prepared by: Merrimack Engineering Services
"Plan of Land Showing Proposed Improvements in North
Andover, MA prepared for Michelle Verminski,338 Blue
Ridge Road"
Signed and stamped by Stephen E. Stapinski
Scale 1"=20'
Final Revision Date: July 19, 2019
Report/Narrative prepared by: Norse Environmental Services
338 Mine.Rdge Road VA II"I`&fl2,12-p 759 NACC Findings&Special Comfilions
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DEP FILE # 242 - 1759
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes
place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or information
deemed necessary by the NACC for that evaluation. Further,work shall be halted on the
site if the NACC, agent or DEP determines that any of the work is not in compliance with
this Order of Conditions. Work shall 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 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 (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regtilations).
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
338 Blue Pi& Road NA,File Q,P 1759 NA F hngis&Spcckfl Con(fitiom
Page 2 M �2
DEP FILE #242 - 1759
party to all agency proceedings and hearings before the Department.
31. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
32. The NACC agrees with the delineation of the wetland resource areas on the site as
amended by the Conservation Administrator and shown on the plans dated referenced
herein. Wetland resources on site include portion of Mosquito Brook, 200-Foot
Riverfront Area, Bordering Vegetated Wetland, and 100-Foot Buffer Zone.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone
and a fifty foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
34. 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.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order,the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage. Maintenance of the drainage system, if accepted by the
Town as part of a public way,becomes the responsibility of the Town.
36. 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.
l,:i� kVeis°IFP.iaB€_w kiap"A C DFI°V'ufla°J{%k:Y-1"759 PM('C Findings&';pre4,c:i9 CorraVutacrr7
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DEP FILE #242 - 1759
PRIOR TO CONSTRUCTION mi
37. 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.
38. This Order, in its entirety, shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken until
the Final Order has been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located,within the chain of title of the affected property. In
the case of recorded land, the Final Order shall also be noted in the Registry's Grantor
Index under the name of the owner of the land upon which the proposed work is to be
done. In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be done.
The recording information shall be submitted to the North Andover Conservation
Commission on the form at the end of this Order prior to commencement of the work.
Any Order not recorded by the applicant before work commences may be recorded by
the NACC at the applicant's expense.
39. 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 242-1759" and
not nailed to a living tree.
40. No changes to the approved plan shall be implemented in the field until written approval
has been granted by the NACC. Any changes in the submitted plans caused by the
applicant, another Board's decision or resulting from this Order of Conditions must be
submitted to the NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing (at the expense of
the applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes.
41. 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.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control devices
and re-vegetation to be completed before other work begins on-site.
O Cua^R.o p"Road V)N'File dl24)7 1759 NACC I ndiiw,o s a, Spe(.f fl Y'ok diflons
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DEP FILE # 242 - 1759
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 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.
44. Erosion controls in the form of minimum 12"Filtrexx SiltSoxx shall be placed between all
construction areas and wetlands as shown on the approved plans. The erosion control
barrier will be properly installed 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.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 5 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
46. As performance surety, a check payable to the Town of North Andover shall be provided
in the amount of five thousand dollars ($5,000) 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.
13S Bhue Pk4�u Road VW11 FHe H1&2 V759 NACC Fimfin'.N& Spe�.'U Condtions
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DEP FILE #242 - 1759
47. The applicant shall designate and secure the services of 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 to address erosion control problems and 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.
48. 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 photographs 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
49. Prior to construction., the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with signs or markers on weather resistant posts/monuments as
indicated on the approved plan incorporating the following text: ""Protected Wetland
Resource Area". There shall be 1 square marker for every 3 disc makers. This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
These markers shall remain posted and be replaced as necessary in perpetuity. Said
markers are available in the Conservation Department at Town Hall at$2 per disc and $3
per square.
50. Prior to construction, the applicant shall have removed the dumped yard waste observed
by the Conservation Agent in the 25' NDZ near Wetland Flags A14-A13. This area shall
be reviewed by NACC representative at the pre-construction meeting.
338 B114w Rkige Road DFP I He 11242-p 75Q NACC&indinp& Spccd Cmditoons
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DEP FILE # 242 - 1759
51. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided
to the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
52. 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 erosion
control 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 mi
53. 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.
54. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
PROJECTS WITH POOLS
55. The pool filtration system shall consist of a cartridge system and any/all pool drawn
down/discharge shall be undertaken at least 1 week after any treatment to the water and
'08 Ilpllue Rild Road r)1111 I'de U24" 759 NAUC Findhn2s&Special Condiflons
DEP FILE # 242 - 1759
shall be directed outside the buffer zone, overland and not toward the wetland resources
or directly into Town catch basins and stormwater system.
DURING CONSTRUCTION
56. IMPORTANT: Immediately upon completion of the addition foundation, and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)
which accurately depicts the foundation location and it's proximity to wetland resource
areas as approved under this Order of Conditions. Said plan shall be submitted to the
Conservation Administrator for approval. [Failure to comply may result in a stop work
order for the site.]
57. Upon beginning work, the applicant or erosion control monitor shall submit written
progress reports every other month detailing what work has been done in or near
resource areas, and what work is anticipated to be done over the next period. This will
update the construction sequence.
58. Should de-watering activities be anticipated, means and methods shall be reviewed and
approved by the Conservation Department. All dewatering activities shall be supervised
and witnessed by the designated erosion control monitor. De-watering activities shall be
monitored daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. If other 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. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate,
fires, ashes, refrigerators, motor vehicles or parts on any of the foregoing.
60. 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
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 approved by the NACC.
3X Bfue kidvc Rmu I DFA,11,flk;1/242 8 759 NACC 11 mdin ,6,,Sp,Giil UondiJoni
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DEP FILE #242 - 1759
61. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical),
grading shall adhere to the approved plan.
62. The construction access off of Town roadways for the project shall be swept daily to
remove sediment deposited by construction vehicles accessing the site
63. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area. Stockpiling shall be kept to the area as indicated on the approved plan.
64. Washings from concrete trucks, or surplus concrete, shall not be directed to any drainage
system, or wetland resource area. Any concrete washings shall be removed from within
the buffer zone.
65. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or local
Bylaw.
66. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
67. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
68. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland protection Bylaw.
69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
338 Bkov Ridlgc Road DF11'11 fle 8242,4 759 1',M(V Findings&Special CondiOnns
Page 9 of 62
DEP FILE #242 - 1759
condition is issued under the authority of the Towri s Wetland Protection ByLaw and
shall remain in perpetuity.
70. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. 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.
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 Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or Registered
Professional Land Surveyor) of the Commonwealth certifying that the work has been
conducted as shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
339 Blue llod,gc Road MT F&1/242 1759 P,,A(7('Findiiips 6,,Spe6af Q ondiPnons
DEP FILE #242 - 1759
➢ 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 aIU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC 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#49);
➢ Discharge or spillage of pollutants (Condition#67);
➢ Prohibition of underground fuels (Condition#68);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#69);
➢ No dumping of leaves, grass clippings,brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone.
➢ The pool filtration system shall consist of a cartridge system and any/all pool
drawn down/discharge shall be undertaken at least 1 week after any treatment
to the water and shall be directed outside the buffer zone not toward the
wetland resources or directly into Town catch basins and stormwater system.
318 Hkw Rkhw,Road 01T Pipe U212-1759 NACC hin dings K,,Spc6a�Condiflons
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DEP FILE #242 - 1759
APPENDIX A-AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each
(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 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
Ila,pe I o[02