HomeMy WebLinkAbout- Certificate of Compliance - 8-100 Compass Point Road 12/11/2019 Foi F1,eqisJiy of Use Only
Massachusetts Department of Environmental Protection
3ureau of Resource Protection -Wetlands DEP File Number: t
WPA Form 8B -- Certificate of Compliance
242-1428
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information j
Important.
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use mOne Hunderd Fourteen Trust c/o Pribhu Hingorani
only the tab key Name __. ..._....w
to move your 61 Mount� Drive
cursor-do not _. .............. .....
use the return Mailing Address
key. Tewksbury...._w_ MA 01876 ..... ..
City/Town State Zip Code
Q 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions or Order of Resource Area Delineation issued to: 1
One Hundred Fourteen Trust c/o Pribhu Hingorani
............._......__. ..._..._.... .........._........
_... 1
Name
7-26-10; Amended 9-27-12 4 -1428
Dated DEP File.Number
3. The project site is located at:
Lot 4N-A Turnpike (114) now Compass North Andover
Point.Road City/Town
Map 106D _....... _ 63
Assessors Map/Plat Number ParcellLot Number
The final Order of Conditions or Order of Resource Area Delineation was recorded at
the registry of Deeds for:
1
Property Owner(if different)
Northern Essex 13171 82
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10-31-19
Date
I
1
vrpafrm8b.doc-rev.8117/17 wPA Form 88,Certificate of Compliance-Page 9 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 242-1428
Massachusetts Wetlands Protection Act M.G.L. c. 131,
§40 Provided by DEP
Ll
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has, been satisfactorily completed.
Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
El Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
See attached
El Order of Resource Area Delineation: It is hereby certified that the wetland
resource area delineation for the above-referenced Order of Conditions has been
satisfactorily completed
C. Authorization
Issued by:
Town of North Andover
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www,mass.qov/eea/agenicies/massdep/about/contacts/
ignat e
%vpafrm8b.doc-rev.8/17117 WPA Form 8B,Cerlificale of CompMnco M Page 2 of 3
Massachusetts Department, of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G . c. 131, §40 --242--I-4"2M.G.L.
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission,
f6- :-------------------------------------------------------------------*------------- ------------------
North Andover
........... .... ...............
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Lot 4N-A Turnpike (Rt. 114) Compass Point Rd. 242-1428
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County
for:
Berry/1 14 Company, LLC - (and individual condominium unit owners as interest in
in the property is transfered
and has been noted in the chain of title of the affected property on:
Date, Book Page
If recorded land, the instrument number which, identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
%vpafrm8b.doc-rev.8/17/17 VVPA Form 8B,Certificate of Compliance-Page 3 of 3
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I
CONSERVATION DEPARTMENT
Community Development Division
Certificate of Compliance
Compass Point Road Merrimack Condominiums
(ANA Lot 4N-A Turnpike Street, Route 114)
DEP File#242-1428
Perpetual On-Going Conditions
1. 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 minimum No-
Disturbance Zone of varying widths shall be established:from the edge of the
adjacent wetland resource area as depicted on the plans of record. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive
these setbacks as established by the approved plans,
2. The applicant/owners/successors in interest shall continue to permanently mark
the edge of the approved "No-Disturb Areas" identified on the approved plans with
signs or markers spaced evenly every 25 feet incorporating the following text:
'"Protected Wetland Resource Area" and associated rules (1 square sign to every 3
circular signs). This will designate their sensitivity and assure no further
inadvertent encroachment into the wetland. The applicant/owner/successor in
interest 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.
I
3. 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).
4. Two certified vernal pools exist on the property within 50-feet of construction
activity. These pools and a control pool on Town of North Andover land off of Berry
Street shall be monitored per the protocol proposed by the Applicant in"Water
Quality Test Data for 2 Vernal Pools (and Control Pool)' approved and referenced
herein. This monitoring shall be conducted for a minimum of three years subsequent
to the issuance of this Certificate of Compliance. This monitoring shall include
collection and analysis of surface water samples from the on-site and the control
vernal pools both monthly and immediately following seasonal snow melt. The
Compass Point Road-Aferrimack Condominiums
(AKA Lot 4Af A Tumpike Street,Route 114)
DEP Fite B242-1428
Certificate of Compliance Petpetual On-Going Conditions
Page 1 of 3
parameters that will be recorded include: water/air temperature, % salinity, pH,
dissolved oxygen and during construction, turbidity. In addition,four standardized
D-net samples (location and technique to be provided by applicant) will be surveyed
for amphibian larvae and macro-invertebrates. The amphibians will be counted and
identified to the species level. Sightings of any other vertebrates will be noted and
reported. The macroinvertebrates will be counted and identified to the family level.
D-net sampling shall begin upon snow melt in the spring and continue as long as
water remains in the pool during the vernal pool breeding season. Any changes in
vegetation composition or structure in or around the vernal pool shall be noted and
reported. A photographic record shall be provided with the reports. Reports shall
be submitted to the Conservation Department on a montl-dy basis. In July of each
year, the applicant shall submit a written report comparing the measured water
quality and depth of the on-Site vernal pools with that of the reference vernal pool.
The applicant/owners/successors in interest shall forthwith propose corrective
measures as appropriate to rectify any abnormal changes in water quality,water
levels or species composition. This condition shall survive the Order of Conditions,
but shall be reconsidered three years after the issuance of a Certificate of
Compliance.
5. The Master Deed shall continue to contain a restriction prohibiting the seal coating
or paving of porous pavement surfaces and requiring appropriate maintenance of
porous pavement surfaces throughout the development in accordance,with the
Operation and Maintenance Plan.
6. 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.
7. All stormwater best management practices shall be maintained as specified in the
Long-Term Pollution Prevention and Operations & Maintenance Report. The
approved Operation & Maintenance Report is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be
adhered to in perpetuity,
8. Evidence of maintenance of the stormwater management system shall be provided
to the NACC on an annual basis by a Registered Professional Civil Engineer
certifying that the drainage system is working as designed and shall include any
maintenance invoices for cleaning and repairs. The first report shall be submitted to
Composs Point Road-blerrintack Condominhans
(11KA LDI ALA DmWike Street,Route 114)
DEP File#242-1428
Certificate of Comphance Petpeltral On-Going Conditions
Page 2 of 3
the NACC as soon as the first storrnwater structure goes on-line and reports must
continue to be submitted in perpetuity.
9. The applicants, owners, and their successors and assignees, shall maintain all
culverts, catch basins, outlet structures, subsurface infiltration/storage areas, and
other elements of the drainage system including porous asphalt roadways and
driveways, unless put into an easement to the Town of North Andover, in order to
avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the
integrity of vegetative cover on the site. Maintenance shall be done in accordance
with the approved Operation&Maintenance Report,
10. 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.
11. Except as approved under this Order, 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.
12. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating "No
Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent
locations along the No-Disturbance Zone as approved by the Conservation
Department. Designated snow stockpile areas and proper plowing of porous
asphalt areas shall be utilized per the approved plans and documents,
13. 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 condition is issued under the authority of the Town's Wetland
Protection Bylaw and shall remain in perpetuity,
14. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity,
Composs Point Road-Merrimack Condondithous
(AKA Lot 4N-A Turnpike Street,Route 114)
DEP File 4242-1428
Certificate of Compliance Petpetual On-Going Conditions
Page 3 of 3