HomeMy WebLinkAbout- Permits #242-1574 - 71 WINTERGREEN DRIVE 11/29/2012 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1574
WPA Form 5- Order of Conditions cDE P Transaction 4:522973
Massachusetts Wetlands Protection Act M,G.L,c, 131,§40 Cityll'oNvD:NOR:I'H ANDOVER
A. General Information
I. Conservation Commission NORTH ANDOVER
2. Issuance a. F- OOC b.r-- Amended OOC
3,.Applicant Details
a.First Name DAVID AND ELIZABETH K Last Name SHARP
c.Organization
d.Mailing Address 71 WINTERGREEN DRIVE
e.City/Town NORTH ANDOVER f,State MA g.Zip Code 01845
4. Property Owner
a.First Name DAVID AND ELIZA.13FI'll b.Last Name SHARP
c.Organization
d.Mailing Address 71 WINTERGREEN DRIVE
c.City/Town NORTH ANDOVER f State MA g.Zip Code 01845
5.Project Location
a.Street Address 71 WINTERGREEN DRIVE
b.City/rown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 104B e.Parcel/Lot# 201
f.Latitude 42.67382N g.Longitude 71.04932W
6.Property recorded at the Registry of Deed for:
8.County b.,Certificate c.Book d.Page
NORTHERN ESSEX 3519 126
7.Dates
a.Date N01 Filed: 10/15/2012 b.Date Public Hearing Closed: 11/14/2012 c.Date Of Issuance: 11/29/2012
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.,Scale:
71 WINTERGREEN SULLIVAN JOHN D.SULLIVAN 111,P.E.
DRIVE,PLOT PLAN ENGINEERING &SCOTT L.GILES,PLS October 25,2012 111`=201
OF LAND GROUP,LLC
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Page I of 10 ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDFP:
Bureau of Resource Protection-Wetlands MassDEP File U42-1574
WPA Form 5-Order of Conditions cDEP Transaction#:522973
1 Massachusetts Wetlands Protection Act M,G,L,c, 131,§40 City/rown:NORTH ANDOVER
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 significant to the following interests of
the Wetlands Protection Act.
Check a]I that apply:
ri. F Public Water Supply b. r- Land Containing Shellfish c.V Prevention of Pollution
d. F Private Water Supply e. F1 Fisheries f F/Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.V 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 perfornied 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.F-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 subm ifted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is,
necessary is attached to this Order as per 310 CMR 10,05(6)(c).
3.r Buffer Zone lnipacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 3 10CM[RI0.02(l)(a). a.linear feet
Inland Resource Area Im pacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. F Land under Waterbodies and Waterways
a,square feet b.square feet c.square feet d.square feet
c.c/y dredged f c/y dredged
7.r-Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
ms
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1574
WPA Form 5 -Order of Conditions eDEP Transaction#:522973
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown-NORTH ANDOVER
Cubic Feet Flood Storage
e,cubic feet f cubic feet g.cubic feet It.cubic feet
8.r-Isolated Land Subject to Flooding
a.square feet b,square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet c.cubic feet f cubic feet
9,F, Riverftont Area 25,2 25.2
a.total sq.feet b.total sq.Feet
Sq ft within 100 ft 25,.2 25.2
c.square feet d.square feet e.square feet f square feet
Sq ft between 100-200 ft
g.square feet It.square feet i,square feet j,square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.F-Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size tinder Coastal Beaches and/or Coastal Dunes below
13.F Coastal Beaches
a,-square feet K-square feet c.c/y nourishment d.c/y nourishment
14.F Coastal Dunes
a.square feet b.square feet c.cly nourishment d.c/y nourishment
15.F Coastal Banks
a.Iinearfeek b.linear feet
16.r Rocky Intertidal Shores a,square feet b.square Iect
17.r Salt Marshes
a.-square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
I
c.c/y dredged d.c/y dredged
19,,r-Land Containing Shellfish
a.square feet T-square feet c.square feet d.square feet
Page 3 of 10 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#,242-1574
WPA Form 5-Order of Conditions cDEP Transaction 4:522973
Massachusetts Wetlands Protection Act M.G,L,c, 13 1,§40 City/rown:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20,r Fish Rum Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21,r Land Subject to Coastal Storin Flowage
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 wetland resource area in addition to the square footage that has been
entered in Section BAc&d or B.17.c&d above,please entered the additional amount here,
a.square feet of BVW b.square feet of Salt Marsh
23,
r Streams Crossing(s)
If the project involves 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
I. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order,
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights,
3, This Order does not relieve the permittee or any other person of the necessity of complying with a]I 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,fi-om the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order,
5. This Order may be extended by the issuing authority for one or more periods of tip to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7, Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
% 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,
Page 4 of 10 *ELECTRONIC COPY
Massachusetts Department of El nvironnental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1574
WPA Form 5 -'Order of Conditions eDEP Transaction W:522973
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City(rown:NORTH ANDOVER
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 Protectiow'
[or"MassDEP"']
File Number:"242-1574"'
11. Where the Department of Environmental Protection is requested to i ssue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DER
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#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.
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,wbicb 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 lifts 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)F subject to the Massachusetts Stormwater Standards.
If the work is subject to Storrawater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by SlorniNvater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized,
b) No stormwater runoff may be discharged to the post-construction stormwater 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 BMT`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 Aructures,fi..as-built final construction
BW 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 Storrawater
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1574
L'!,�� eDEP Transaction#:522973
WPA Form 5 -Order of Condifions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction 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 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 raid Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Ceitificate,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.
(1) 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.
c) 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(o through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot the legally binding agreement shall also identify the lot-,that will be serviced by the ston-nwater 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.
The responsible party shall operate and maintain all storrnwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Storinwater Handbook,
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the 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;said.
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 storrnwater 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.
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:
SEE ATTACHED.
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MaSSDE P:
Bureau of Resource Protection Wetlands MassDEP File#:242-1574
IATA Form 5 -Order of Conditions eDEP Transaction#:522973
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Fown:NORTH ANDOVER
Page 7 of 10*ELECTRONIC COPY
L7Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 11:242-1574
WPA Form 5-Order of Conditions eDEP Transaction#:522973 11 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?FV YcsrNo
2. The Conservation Commission hereby check one that applies
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go fbi-ward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
L p- APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ 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:
SEE ATTACHED.
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1574
WPA Form 5 - Order of Conditions eDEP Transaction#:522973
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/ToNvn-NORTH ANDOVER
E. Signatures
This Order is valid for three years from tire date of issuance,unless othenvise specified
pursuant to General Condition 44.If this is an Amended Order of Conditions,the Amended 1.Date ofA 0Riginal Order
Order expires on the same date as the original Order of Conditions. I
Please indicate the number of members who will sign this forin. J"his Order must be signed by
a majority of the Conservation Commission. 1 Number of Signers
The Order must be mailed by certified mail(return receipt requested)or haila gelivered to the appli t,A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Enviro ntal Protection Reg' I Office,if not filing
electronically,and the property owner,if different from applicant
Signatures:
V
r- by hand delivery on r/by certified mail,return receipt requested,on
I l Ja,
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,arc hereby notified of their,right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request most 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 Departments 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.
Page 9 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1574
VVPA Form 5-Order of Conditions eDEP Transaction 4:522973
iy Massachusetts Wetlands Protection Act M.G.L.c. 13,1,§40 City/rown-.NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of 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,
........... ...... .........—...... ......... .........................................I................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for tile Project at:
71 NVINTERGREEN DRIVE 242-1574
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of
County Book Page
for:
Property Owner DAVID AND ELIZABETH SHARP
and has been noted in tile chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
JustrumentNumber
If registered land,the document nurnber identifying this,transaction is:
Document Number
Signature of Applicant Rey 41112010
Page 10 of 10 ELECTRONIC COPY
DEP FILE H 242-1574
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 an existing deck and,
construction of a 3
season porch within the same footprint. New,larger sonotube footings for the porch
will be installed within the 50' No-Build Zone. A new 5' x 7.83' deck will be
constructed on the south side of the new porch outside of the 50' No-Build Zone. The
stairs will be reconstructed on the north side of the porch but will have no footings or
landing. A waiver has been granted for work with the 50' No-Build Zone to a
Bordering Vegetated Wetland (BVW). Work is also within Riverfront Area. Mitigation
has been approved and the existing shed will be moved outside of the 25' No-
Disturbance Zone and two red maples will be planted in the disturbed area.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicants Property Owners:David and Elizabeth Sharp
71 Wintergreen Drive
North Andover,MA 01845
Filed: October 12, 2012
Applicant's Representative: Jack Sullivan
Sullivan Engineering Group, LLC
22 Mount Vernon Road
Boxford, MA 01921
Site Plans prepared by: Sullivan Engineering Group, LLC
Titled: 71 Wintergreen Drive, Plot Plan of Land
Dated: Oct. 10,2012
Last Revised: Oct. 25, 2012
Signed and Stamped by John D. Sullivan 111,P.E.
and Scott L. Giles,PLS
Welland Delineation: Arrow Environmental LLC
Date: October 9, 2012
Other Record Documents: Waiver Request
242-1574,71 Wintergreen Drive 1 NACC 11/29/2012
DEP FILE#242-1574
Dated: 10/11/12
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 docurnents 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 LI-iree-years,from the date of
this order.
2,8. 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 @0) prior to the expiration date of the Order (Refer to Sectio)i 8.3 of Me Milli
Aiidover Wetlaiid Regulatims).
2,9. 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.
242-1574,71 Wintergreen Drive 2 NACC 11/29/2012
DEP FILE N 242-1574
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings,before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e),
32. The following wetland resource areas are affected by the proposed work: Riverfront
Area and 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 this
resource area to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas and
associated buffer zones on the site as shown on the plans dated referenced herein.
34. 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 except for areas shown as previously
developed on the herein referenced plan and as approved by the herein referenced
waiver. 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 Regnlations).
35. As mitigation for sunroorn and stair construction in the 50-foot No-Build Zone the
applicant proposes to move an existing shed outside of the 25" No-Disturbance Zone
and plant two red maple trees in the.disturbed area. Planting shall be monitored for 1
year with a monitoring report,including photographs, submitted to the NACC at the
end of that tirne period. Plants, that die or are not thriving during the monitoring
period shall be replaced. In addition, all brush dumping,trash and debris in the No-
Disturbance/No-Build Zones shall be removed and disposed of at an appropriate
recycling,trash or compost facility,
36. This document shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
242-1574,71 Wintergreen Drive 3 NACC 11/29/2012
DEP FILE H 242-1574
37. 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.
PRIflIt 0 CONSTRUCTION
38. 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.
39. 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 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.
40. 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 242-1574."
41, 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 an-tended 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.
42. 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.
242-1574,71 Wintergreen Drive 4 NACC 11/29/2012
DEP FILE 4 242-1574
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the installation of
footings, sunroom construction, mitigation and final stabilization.
44. 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
e
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.
45. Siltation fencing or other erosion control approved by the Conservation Department
shall be placed between all construction areas and resource areas as shown on the
herein referenced plan. The erosion control barrier will be properly installed
(trenched and staked) and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC or its agent prior to the start
of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example,installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC,they shall be installed within 48 hours of the
Commission's request.
46. 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, I 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.
47. A check payable to the Town of North Andover shall be provided in the amount of
$1,000 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
242-1574,71 Wintergreen Drive 5 NACC 11/29/2012
DEP IFILE N 242-1574
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 Scientist(or other environmental professional
as approved by the NACC or its agent) as an"'Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
49. At least monthly and following rain storms of one (1) inch or greater during the period
in which construction activities occur on-site and for as long thereafter as ground
remains un-stabilized, the applicant shall submit a written report with photos from the
"Erosion Control Monitor" to the NACC certifying that, to the best of his/her
knowledge and belief based on a careful site inspection, all work is being performed in
compliance with this Order of Conditions and that approved setbacks are being
adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event,of 1" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction, the applicant shall permanently mark the edge of the "'25' No-
Disturbance Zone" (or limit of existing developed yard) on all delineated wetlands
with signs or markers spaced evenly every 30 feet incorporating the following text:
"'Protected Wetland Resource Area" and the associated rules (1 square for every 3
round markers). Portions of the new No-Disturb Zone,where red maples are to be
planted, shall be identified by one pressure treated post with a marker. These markers
will designate the sensitivity of the resource area and assure no further inadvertent
encroacl-anent 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
242-1574,71 Wintergreen Drive 6 NACC 11/29/2012
DEP FILE H 242-1574
perpetuity. Markers are available from the Conservation Department ($2 round and
$3 square).
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, 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).
11STORMWATER MANAGEMENT CONDITIONS
53. Water quality in down gradient BVWs shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURIN CONSTRUCTION
54. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
242-1574,71 Wintergreen Drive 7 NACC 11/2,9/2012
DE P FILL N 242-1574
55. Dewatering activities are not proposed as part of this filing. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission
for approval,which provides for the pumped water to be contained in a settling basin,
to reduce turbidity prior to discharge into a resource area,
56. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse,rubbish or debris,including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators,motor vehicles or parts on any
of the foregoing.
57. 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 15t of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding, During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
58. 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.
59. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.
60. 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,
61. 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.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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
242-1574,71 Wintergreen Drive 8 NACC 11/29/2012
DEP FILE H 242-1574
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
64. 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.
65. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
low phosphorous types (< 5%),and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Towns Wetland
Protection ByLaw and shall remain in perpetuity.
66. There shall be no dumping of leaves, grass clippings,brush, or other debris into,a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity.
67. 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 MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
68. 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.
69. 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
242-1574,71 Wintergreen Drive 9 NACC 11/29/2012
DEP FILE#242-1574
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 will not be required provided that all work is constructed as
shown on the Plan of Record referenced herein. Should deviations be made they
shall be shown on the Plan of Record and certified by the installer. Should
deviations be significant an as-built plan may be required and shall include the
following:
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "'Work" includes a disturbance of soils or vegetation,
70. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
No-Disturbance Zone (variable width) and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas on lot
except in those locations approved under DEP # 242-1574. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (See Section 3.4 of the Regulations for performance
standards within these zones}. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local ByLaw;
Resource Area Markers (Condition #50)
Discharge or spillage of pollutants (Condition#63);
Prol-tibition of underground fuels (Condition#64);
Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#65);
)> Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#66);
242-1574,71 Wintergreen Drive 10 NACC 11/29/2012
DEP FILE#242-1574
APPENDIX A-AFFIDAVIT
ort oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. 1 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 nianber)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed tip by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.,
4. 1 hereby affirm and acknowledge that on this-day of-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)
242-1574,71 Wintergreeri Drive 1 I NACC 11/29/2012