HomeMy WebLinkAbout- Permits #242-1776 - 805 FOREST STREET 1/15/2020 4
Mad by ssachusetts Department,of Envi ron mental Protection Provide MassDEP-
Bureau, of Reso�urce Protection - Wetlands 2,42-1776
MassDEP File#
W'PA Form 5 - Ordle�r of Conditons
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 i., From: ...........................................................................................
been modifi io
ed Conservation Commissn
with added 2. This issuance is for
space to a. HOrder of Conditions b.0 Amended Order of Conditions
awommodate (check one):
the Registry
of Deeds 3. 'To: Applicant-
Requirements
'arid Benayoud
Important: a,,First Name b�.Last Name
When fiffing
out forms on c.Organization
the 805 Forest Street
computer, d.Mailing Address ...............
use only,the
tab,key tio Noirth Andover MA 01845
move your e.Cityffown f.State g.,Zip Code
cursor-do
not,use the
4. Property Owner(if different from applicant):
return key.
.............
a.First Name b.Last Name
c.Organization
d.Mailing Address
.............. ................. .....
e.Cityfrown f.State g.Zip Code
5. Project Location:
8,05 Forest Street North Anidolver
a.Street Address b.CityfTown
105D 1�8
c.Assessors Map/Plat Number d.,Parcel/Lot Number
42d64m5430s -71 d'04m6g,90s
Latitude and Longitude, if known, —-----
d.Latitude e.Longitude
wpaforrn5.dbc,- rev.611 /2015 Page 1 of 12
Massachusetts, 1 rtEnvironmental 1 r c I Provided 1 IDFF'4
Bureau Resource Prot cti n `Wetlands 242-1776
, MassDEP File
WPA Form 5 - Order of Condi lons,
MassachusettsWetlands Protection Act G.L. c. 131, §401
NFL"Transaction
North Andover
City/Town
A. general Information (cont.)
. property recorded at the 'Registry of Deeds for(attach additional information it more than
one parcel):
Essex
a.County b.Certificate Number if registered land)
.Book d.Page
7. It
. Date Notice Intent Filed b.Date Public Hearing Closed c,Date of Issuance
. Final Approved Fleas and Other Documents (attach additional plan or document references
as needed):
F lot Plan of Land-805 Forest Street
.Plan Title
Sullivan Engineering Group, LLC John D. Suillivan I'll
i.prepared By c.Sired and Stamped by
d Final Revision Date e.Scale
Site Narr nti................. T - l l 11/15 2 9
.......
f.Additional Plan or Document Title . bate
B. Findings,
Findings pursuant to the Massachusetts Wetlands Protection Act:
(Following the review of'the e above-referenced Notice of Intent rid based on the information
provided in this application and presented at thepublic hearing, this Commission finds that
the r in which work,, is proposed is significant tio the following interests of the etl nds
Protection Act tl t . Check all thatapply: 0 Prevention
a. Public titer S l b. Land Containing Shellfish r�l t
Pollution
d'. Tint ter Supply Fisheries . � Protection of'
Wildlife Hitt
. Groundwater SUp l " h. Storm Damage, Prevention i, Flood Control'
2. This Commission hereby finds the project, as proposed, is: (check one of the following bore)
Approved subject to:
. the following conditions hi h are necessary in accoirdance with the performance
standards set forth in the wetlands regulations. This Commission,orders that all work shall
be performed in accordance rich the Notice at Intent referenced above, the fallowing l
General Conditions, and any tither spacial conditions attach to this,Order. 'To the extent
that the following conditions modify or differ,from the plans, specifications, or,other,
proposals submitted with the Notice at Intent, these conditions shall control.
1
4
Massachusetts Department, w' Environmental ental Protection Pr i �d E ;
Bureau of Resource Protection -Wetlands, 2,42-1776
WPAForm 5 Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act. M.G.L. c. 131, §40 .. ......... ...
�..
North Andover
Cit Ti own
B, Findingscent.
Denied because,
lo� the proposed work cannot be conidi.tioned to meet the,performance standards set forth
in the wetland regulations. Therefore, work on this project may niot go forward, unless and
until a new,Notice f Intent is submitted which provides measures hi h are adequate to
protect the in�terests 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.
. El the information submitted by the applicant is not suffi i nt to describe the site, the work,
r the effect ofthe work on the interests identified in the Wetlands, rot tion Act.
Therefore,work on this project may not go forward unless and until a reprised Notice of
Intent is submitted which provides sufficient information and includes, measures which ro
adequate to protect the ct's interests, anda final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attachedto this Order as, per 310 CIVIR 10.05(6)(c).
., Buffer Zone Impacts Shortest distance between limit of project 7
disturbance and the wetland resource area specified in 31' 1 CNIR 1 . 2 a a.linear feet
Inland RiesourceArea, Ir rp t : Check all that appily below. For Approvals Orly)
Proposed p Pe
rmitted o�rmittu dProposed Permitted
Resource Area Alteration Alteration placement Replacement
4. Bank �. ..,.�
a..linear feet b.linear feet c,.Ilinear feet d.,linear feet
5. Bordering
Vegetated + tlnd .square feet �u,r b square feet .square feet d, r feet
6. E Land Under
Waterbodies and a.square feet ' .square feet -square feet d.square feet
Waterways
T. EJ Bordering lard
------
Subject to Flooding a.square feet b.square feet c.square feint d.square feet
Cubic Feet Flood Storage ..
.cubic feet f.cubic feet g.cubic feet h.cubic feet
., El isolated land
Subject to,Flooding g square feet b.square feet
Cubic Feet Flood Storage .cubic feet d.cubic feet e.cubic feet f.c,ubir,feet
9, El Riverf'ront Area
f + r en foot b.total sq.feet
"q ft within ft ..... .... ... .._......
n e i ra root d.squareft rn f f.,sur ft
Sq ft between 1
Qniinrp f pf h.square feet i cz riiupr 11 P fmP 1.11 j.square feet
�Massachusetts, Department Environ.rnental Protection, Provided by s EP.
Bureau of Resource Protection Wetlands 2-1 7
WPA Foam 5 Order of Condwifions MEP File#
Massachusetts,Wetlands, Protection Act u n L. c. 131, §�40
P
I rth Andover
City own
B. Findings, (cont.)
J
Cloastall Resource Area Impacts: Check all that apply below. For Approvals Only).
Proposed Permitted' Proposed Permitted'
d
Alteration Alteration Replacement Replacement
Designated Port
Are Fa Indicate size under Land Under er thebelow
l
11 El Land Under the
Ocean a.square!feint .square feet
. /fir dredged d,.c dredged
__ rri r b Indicate t size under Coastal (Beaches and/or Coastal _ runes,
12. L_J Babelow
.square feet b.square feet c.nourishment, d nourishment
cup yd cu yd
14. Coastal Dunes .square,feet b.square feet, c.nourishment d.nourisMuni nt
15. Coastal Banks
.a ne,�r feet b,. linear feint
16. El
pocky Intertidal
Shores a.square feet b.square feet
17. Salt Marshes
a.square feet ' .square feet „square feet d.square feet
18. L-]! Land Under Salt
Ponds a.square feet b.square feet
.cly dredged d,cly dredged
Land Containing
.square feet ' .square feet .square feet d.square feet
�I�u�llti�l°� �
20. Fish Runs Indicate size under Coastal IBanks, Inland ar k, Lard Under
the Ocean, and/or inland' Lard Under Waster dies and
Waterways, above
. dredged b.cly dredged
21. Lard Subject to,
Coastal Storm a.squire feet b.square feet
Flowage
2, Riverfront Arlea
ub,.total sq.feet
Sq ft within, 100 ft .o...........m......... .m...................
m..
d.square,feet a cQ l i na foof fR square feint
Sqft between 1
.square feet, i ;zn. mP rp rp f j.square feet
wpaformS.,doc- rev.,6/16/201 Page 4 of 12
Massachusetts Department f Environmen,tal Protection Provided by MassIDEP,
Bureau of Resource Protection
WPA Form, 5 - Order of Conditions M,assDEP Fle#
Massachusetts setts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction
North,.Andover
Cit yffown
t
B.
'lugs (coat.)
a . If the y Restio ratio WE e nt
project is for
the purpose of
restoringr mm..... .. „�mmmmrvrvrvrvry .... .��.u.. ��mm..ry m,,.,,r,.r�,m�,,,�. ...,....
enhN ancing a a.square feet of BVW h.square feet of salt marsh
wetland
. Stream Cr ing s ®
in addition to
the square
footage that a.number ofnew stream crossings �,.m. b.number of replacement stream crossings
e i entered C. GeneralCoind�i i n riderMassachusetts Irma co Act
Section B.5.c
'in
r The following conditions pure on1y, applicableto ,approved projects.
i,I Tc(Salt.
Marsh)above, 1, Failure to comply with all coinditions stated herein, and with all r ll' t d statutes,an other
please enter regulatory measures, h ll ad an d'cause to revoke or modify moldify this Girder.
the additional
amount here. 2, The Ordiler 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 plermittee or any other person of the necessity of complying.
it ill other applicable state, or local�tt�t° ordinances bylaws, or regulations.
M The work uatl ri d hereunder shall be, r l' t within three years from the date of this,
Order unless either of the,fol'lolwing apply:
. The rl is a maintenance dredging r+ t as,provided for in thus Act; or
b, The time for completion has n 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 dears, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order,.
. If the work is for a Test Project, this Order of Conditions shall be valid for no,more than
one year.
I
5. This Order may be extendedthe issuing uthorit forone:or more periods of up to three
i
years each upon application to the issuing authority,at least 310 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 po,n written application by the applicant, subject to the provisions of 310
CAR 1 0.05(l f).
6. if this Order consititutesan Amended Order of Conditions, this Amended rd'or 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 w rtme nt.
T. Any full used in connection with this r ject shall be clean full. Any full shall contain no trash,
refuse,, rubbish, or debris, including but not limited to,lumber, bricks, Master, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, rotor vehicles, or parts of'any f the
foregoing-
Nfr , ' rev.6.116112015, Page r 1
4
Mass ac h usetts, Department of Environilriental Protection Provided id EP:
Bureau of Resource Protection - Wetlands 242-1776
WPA Form 5 — Order of Conditions MassDEP File'
MassachusettsWetlands Protection Act M.G.Q.. c. 1311 §40 .- - nnnr -, �.
North Andover
t
city/Town
C. General Ciins, Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have,elapsed',
r if such an appeal has, been taken, until all proceedings before the Department have been
completed.
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 ofthe 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 Lund Court Certificate of title of the owner ofthe land upon
which hu the proposed work is done. The recording information shall be,submittedto the
Conservation Commission on the form at the ends of this Order, which form must he
stamped by the registry of'Deeds, prior to the commencement of work.
.
10. A sign shall he displayed at the,site not lessthen'two squarefeet t r more,than three
square feet in size bearing the words,
"Massachusetts, Department of Environmental Protection" r, ' ER]
"File Number 242-1,776
. 'where the Department of Environmental Protection is requested to, issue a ;superseding
Order, the Conservation Commission shall be party to all agency proceedings,and
hearings before s EP'.
12. Upon completion of the work described herein,in, the applicant shall submit a Request est for
Certificate of Compliance PA Form A to the Conservation Commission.
3. 'The work shall conform to the plans and special conditions referenced in this order.
. Any change to the plans identified in Condition#13 above shall requirethe,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.
'l 5. The,Agent or membll rs 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,com lian e with the conditions statedin this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
116. This Order of Conditions shall apply to any u c e or in interest or successor In control of
thin property subject,to this Order and to any contractor,or,other,person performing work
conditioned by this Order.
vipaform5,doc- rev.611612015 Page 6 of 12
Massachusetts, Department r tur gar meal Protection Provided by Ma [DER
Bureau of Resource Protection - Wetlands 242-1776
WPA Form Order of Conditions
Massachusetts tla ds Protection Act M.G., c. 131 §40 .... w. . .
'DEP Transaction,
North Andover
City/Town
C. General Conditions Under
Massachusetts da ds Protection act (coat.)
17. Prior to the start of work and it the project involves work ad acent to a Bordering'~vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked d wooden stakes, r flagging., Dace in place, the wetland' boundary markers,shall
e 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 mesas. 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
s needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, hii reserves,the
right to require additional erosion and/or damage prevention controls it may deem
necessary'. Sedimentation barriers shall sears as the limit of work unlessanother limit of
work lire has,been approved by this Order.
9. The work associated with this~ardor, the"Project"
1 is subject to the Massachusetts Stour mw ater Standards
2 is NOT subject t the Massachusetts tt St rr w at r Standards
If the work is subject to the Stormwater Standards, then the project is subject to,the
following cond iti s
All word, including site preparation, farad disturbance, construction and redevelopment,
shall beimplemented in accordance with the construction period pollution prevention and
erosion n and sedimentation control plan sands if applicablethe St rmwat r Pollution.
Prevention Plan required' the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater,Condition Construction period
erosion, sedimentation arid pollution control measures and boat management practices
IE P shall remain in place until the,site is fully stabilized.
, No stiormwater runoff may be discharged to the post-construction st rmw at r 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 M s intended to be converted'.'
to post construction operation for stormw ator attenuation, recharge, and/or treatment, the
conversion is allowed by the ass,DEP Stormwator Handbook B1 specifications and that
the BM,P has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi. as-built final construction BMP plans are included, signed sand tans ed by aRegistered
Professional al Engineer, certifying the site is fully stabilized,
i* any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormw ter Standard 1
wpafarra .daa• rev. 11 1 15 Page 7 of 1
Massachusetts Department nviroi ment l Protection Provided � as ' P:
Bureau resource Protection -Wetlands 242-1776
WPA Form 5 Order Conditions �� DE ��
Massachusetts Wetlands Protection Act M.G. .. c. 131� §40
�..
DEP Transaction
North Andover
City/Town
G. General Conditions Under Massachusetts Wetlanndls Protection, c (cont.,)
iv., all post-construction stormwater BMPs are installed in accordance,with the plans
(including all plantin lans) ro the issuing uthorit , and have been ins,pectedto
ensure that they,are not damaged and that they,are in ,proper working on it on;
any'vegetation associated with ,post-con r i n BlVlPs is suitablylip t
withstand r si in.
c The landowner is responsible for BMP maintenance until the issuing uuathu rit i's notified
that another party has legally assumed responsibility for B,MP maintenance. Prior t
requesting a Certificate of Compliance, or Partial Certificate ofCompliance, the,responsible
curty(defined in General Condition, 1 e shall execute and submit to the issuing ut grit
an Operation and Maintenance ntenan Compliance Statement ("O&M Statement for the
St+ a mwat r BMPs identifying the party responsible for implementing the st rmwater BIVIP
Operation n Maintenana ice Plan ("O&M Plan" and certifying,the following:
i�. the O&M Plan is complete and will be,implemented upon receipt of the Certificate
Compliance, and
I. the future s rw ibl , parties shall be notified in writing of their ongoing legal
responsibility to operate,and maintain the st rmwater management PI IPs and
implement the St rmw t r Pollution Prevention Plan.
Post-clonstruction pollution re nti n and sourcecontrol shall beimplemented in
accordance with the l urn -term pollution prevention plan section of the approved
`t rmwater Deport and, it applicable, the St rmw t r Pollution, Prevention Plain required
the National( Pollutilon Discharge Elimination System Multi-Sector r General Permit.,
Unless,and untiil another party accepts responsibility, the landowner, r owner of any
drai,nage easement, assumes,responsibility for maintaining each, BIVIP. To overcome this
presumption, the landowner,of the property must ub it to the issuing authority a legally
blind'ing, agreement of record, acceptable to the issuing u.uth rit , evidencing that another
entity has accepted responsibility for maintaining the B P, and that the proposed
responsible party shall be treated as a, per,mittee,for purposes of im lementin the
requirements f Conditions 18(f) through 1 with respect,to that MID. Any failure of the
proposed responsible party to implement the requirements of Conditions 1 t through
1 )with respect.to that BIVIP shall be a violation of the Order,of Conditions r Certificate
of Compliance,. In the case of st rmw t r BlVlPs that are serving more than one lot, the
legally binding agreement shall alsoidentify the lots that will be serviced the st r water
I" Ps. A plain and asem nt deed that grants the responsible, party access to performthe,
required r ti n and maintenance m� u t be submittedalong with the legally binding
agreement.
f) The resp nsi ile party shall operate and maintain all stormwater BIVIPs in accordance,
with the design plans,, the OW Pl un, and the requ,ir m nt of the Massachusetts,
tt
Stoirmwater Handbook.
%pipaform .d - rev.6/16120115 Page 8 of 12
4
ss h et s e �rtment f r� i me t l Protection
Provided E Bureau of resource Protection -Wetlands 242-1776
Mas,sDEP File#
WPA Foam 5 Order of Conditions
ass achuts etts Wetlands Protectim Act M.G.L. c. 131,
eDEP Transaction
North Andover
City/T own
C. General WConditionsU rider Massachusetts Wetlands, Protection Act (cunt.)
The,responsible party shall:
1. Maintain an operation and' maintenance log for the last three 3)consecutive
calendar years of inspections, repairs, maintenance n �r replacement f the
st rmw ter management system or any part thereof,of, end disposal (for disposal the
log shall indicate the type of material and the disposal location);,
2. Make the maintenance log available to MEP 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 or that the responsible party is in compliance
with the requirements for each BIVIP established in the O&M Plan approved by the
issuing authority.
h All sediment or other contaminants removed from stormwater BMPs shall be its
of in accordance,with all applicable federal, state, and local laws and regulations.
i Illicit discharges to the stcrmw ter management system as defined in 310, CMR 10.0114
are prohibited.
The stormwater management system approved in the Order of Conditions;shall not be
changed without the prior written approval of the iss,uling authority.
l areas designated as quall,fying pervious areas for the purpose of the Low Impact bite
Design Credit as defined in the M;assDEP St rmwater handbook, Volume 3, Chapter r 11
t_cw Impact Development Site Design Credits) shill not be altered without the prior written
approval of the issuing authority.
Il Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around st rm ater B,MPs shall include access gates and shall he
at least six inches above grade to allow forwildlife passage.
Special Conditions ns if you need more space for additional conditions, please attach a text
document)".
20. For`rest Projects subject to 310 CMR 1 . 5 11 a the applicant shall1 also implement the
m oniitoring plan and the restoration flan submitted with the Notice,of Intent. If the
conservation n commission or Department determines that the Test project threatens the
public h� arlth�, safety or the environment, theapplicant,shall.implement the removal plan
submitted with the Notice of Intent or modify the pro* ct as directed by the conservation
commission,or the: Department.
wpaform5.dioc- rev.6/1612015 Page 9 of 1
4
Massachusetts De 13
of of Environmental ProtectionProvided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1776
WPA Form 5 Order of Conditions
Massachusetts Wetland's Protection Act . . . c. 131, ....
North Andover
Cityfrown
D. FindingsUnder M'unicipal Wetlands Bylaw or, Ordinance,
.. Is municipal l wetlands law r ordinanceapplicable? ' s Ej l
1
Z The North Andover hereby finds (check one that applies)-
Conservation Commission
that the proposed work cannot be conditioned to, meet the standard's set forth, in
municipal ordinance or'bylaw, specifically-
---............................. .... . , .... .
1 Municipal Ordinance or Bylaw, 2.Citation
Tl-r, r for a work on this project,may not go,forward unless and until a revised Notice f'
Intent is,submitted which provides measures hich are adequate!to meet then
standards,, and a final Order ofConditions is issued.
. M that the following additional conditions are necessaryto comply with a municipal
al
ordinance, r bylaw.
li"~ rth Andover Wetlands protection Bylaw& Regulations Ch t. 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. T true extent that the following
conditions modify or differ from the plans, specifications, or other proposals subn itt d with,
the Notice, f'Int nt, the conditions shall control.
The special conditions relenting,to:municipal ordinance or bylaw are as fellows If you need
more space for additional conditions, attach a text document),
:
North Andover Conservation Commission Findi ns & Special Conditions (see attached)
wpaform5.doc rm 611612015, Page 10 of 1
Massachusefts 1 e rttne l nViiir meet ll, Pro,tection Provided by MassDER
urn Resource Protection -Wetlands 242-1776
WPA o — Order of Conditions, MassDEP File
Massachusetts Wetlands Protection Act ...G,L. c.., 131 . . .... �..
North Andover
Cityfrown
Signatures
r
fang out forms i
��'h r�
This Order is valid for three years, unless otherwise specified as a special
a ,
condition purstiant to General Conditions#4,from the date of issuance.
.Date of Issuance
�.
on the computer,
use only the tab please indicate the number of members who,will sign this form.
key to move your This Order must be signed by a majorify ofthe Conservation Commission. 2.Numbe of Signers
cursor-do not
use the return The Order must be railed by certified mail (return receipt requested),or head delivered t
key. the applicant.A copy,must be rrr ile ,1 hard delivered or filed electronically at the same time
with the appropriate MassDE,P Regional,Office.
Ilk
Signatures*
.m
j 1
hared delivery on
by certified nail,, return receipt
b
requested, ona
A
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of laird abutting
the laird subject to this rb r, or any ten residents,of the city or town in which such laird i
l t , are hereby notified o f their right t request est the appropriate M ss,1 E Regional
Office to issue a Superseding Order r f Conditions.The request est must be rude by certified
rail or hand delivery to,the Department, with the appropriate filing fee and a completed
Request est for Departmental,Action FeeTransmittal Form, as provided in 310 CMR 1 . 3 °
within ten business days from the date of issuance of this Order. A copy of the request shall
at the same tiara be serif by certified mail or hand'delivery to the Conservation Commission
and to the applicant, if h /she is not the appellant.
Any appellants seeking to appeal the Department's Superseding, Order, ss i t 'with this
appeal will be re u.ireld to demonstrate!trat prior participation in the review of this project. Previous
participation in the permit proceeding means the submission f'written information to the
Conservation Commission prior to,the close of the public hearing, requesting estin a
Superseding Order,er, r providing written, information to the Department prior to,issuance f
u Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
r does,not ontribluta t t protection rests identified
appealed and h �the Order � tUrrr f the rrrtua
w
Protection Act G* , 131, , and i inconsistent
ecru the Massachusetts Wetlands, � rrr�si�t�rr
with the wetlands regulations, 3 CMR 10.010). To the extant that the Order is based on a
municipal ordinance or bylaw, and not on the Massachusetts Wetlands, Protection , t or
regulations, the Department,has no appellate ju..rri di ti n.
w a gs.db - rev 02J25/2010 p f
Massachusetts Depar men f Environmental Protection Provided MassDER
Bureau of' Resource Protection - Wetlands 242-1776
WP
A Form — Order f Conditions �� �� it
Massachusetts Wetlands Protection Act, M.G.L. c. 131 a §40
North Andover
City/Town
G. Rec ing Information
Prior to commencement of work, this Order of Conditions Herat be recorded in the Regis,try of
Deeds or the Land Court for the district in which the land is located, within the chain of title f'
T
the affected p�roperty. In the cane of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name f thr owner of the land subject to the Order® In the
case of registered land, this Order shall alsio be noted on the Land Court Certificate of Title f
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 Comimission
Detach n dotted line, have stamped by the Registry of'Deeds and submit to the Conservation
Commission.
---------------------------------------- -------------------------------------------------------
To,:
North Andover
........„ . ...
,,,,,,,,,,,,,,,,,,,,
Conservation Commission
Flues be advised that the Order of Conditions for the Project t:
805 Forest Street 242-1776,
Project Wcation EP File Number
Has been recorded at the e i tr °of Deeds ofil
rthrrn Essex
,County Book Fags
Farid Cana cud
for: �.... .......
m.... ......
....
�.... ...,.m m
Property Owner
and has been noted in the chain of title of the affected ,property, in
1 766
Book Pale
In accordance with the Order of Conditions is,sued n:
January 5, 2020.........
t� ���rc. .... �. . ,m.
If recorded hand, the instrument number identifying this transaction is:
Instrument Dumber
If registered bond, the document nt number identifying this transaction is:
mm... „ mry ..........------..............................................._
Document ent umb r
Signature of Appli nt
N f r , ,d - rev, 11 / 1 1 Page 12 of 1
findsTherefore,, the North Andover Conservation Commission (hereafter the"'NACC"") hereby
th t t� following con,cuti ns re necessary, in accordance,with the Performance
Standards set forth,in the State Regulations, the local Bylaw andlat e , to protedthose
interests noted shove. The NACC orders that all work shall be performed corda with
s al
'd co nditio ns a ,w th the Notice of Intent/approved plans referenced below. o the
r
proposals submitted with the Notice f Int l% the conditions shall control.
GENERAL CONDITIONS
20. The, proposed work includes: construction of an in-ground pool with, associated
cartridge filtration system., associated pause patio areas,, and aluminum fencing,close
to the perimeter of pool patio. Minimal.grading i's proposed around the l m n digit
edge of the main pool. patio, and ��� �� l ui ��ent is nt rely outsid the
buffer e. ..,mit rosincontrols) is 79 feet from edge ofwetland. Edge of
"
proposed patio" 6 + -feet from edge ofthe wetland. Said wetland clontains a
potential vernal pool and theproject is designed to remain outside t ie 7 - clot
Ephemeral,Pool No Build Zone. An existing play structure t called out one the
approved plan) northwest of the landscapestonewall shall, be, removed.
. The work shall conform to tfie following(except as noted in.the remainder of this
document where revisions may be r wea -.
Notice ofIntent filed y 1","arid Benayo ,
SitePlans &Documents:
0 "'Plot Plan of Land #805 Forest Street""
Prepared by Sullivan,Engineering Group, LLC
Scale " 2 '
Dated November 3, 2019
Signed and Stampedby John Sullivan
Site Narrative To A,ccompay NO1, 805 Forest Street
Dated November 15,2 . '
22. The term""Applicant""' as used in thisOrder of Conditions shall.refer to the owner, any
successor in.interest or successor in contro of the property referenced in the Notice of
Intent, supportingdocuments and t-� s rder Coed*t oes. The NACC shall be
notified, in,,writing within 30 days all transfers offitle of any portion property that
takes place prior to the 'issuance of a Certificate Compliance.
* The conditions of this decision shall apply to, and be binding upon., the applicant,
►wner, its employees and.all successors nd assigns in interest or clontrol. These
805 Forest Street DEF1 Ffle t'124 -1 6 NAC"C"Hildil(I 6 ivd,al Conditions
05 Forest Street- DEP FILE # 242
obligations shall be expressed. mats 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
d
other regulatory measures, shall be deemed cause to revoke or modify tnis Order.
25. This Order dies not grant any property rights or any x l sprivileges; does no
authorize any injury private ro er r invasion of property rights. However, the
NACC agent of the NACC or the Department of Environmental Protection (DEP)
reserves right to enter and inspect,the property at all reasonablettmes until
Certificate of Compliance is issued, to evaluate plian with this,Order of
C nditiol S, the Act (310 C R , . ,the,North, Andoverf a d Bylaw a
Regulations,, and,may requixe any information measurements, photographs,
observations,and/or materials, or may require the submittal of any data or
ii-if'ormation deemed ry by the NACC for that evaluation. Further,work shall
be halted on the site if theNACC, agent r DEP determines h and of the workis not
in compliance with this,Order of Conditions. Work shall not resume until.the NACC
is satisfiedthathe work will comply and has so notif' d the applicant n writing.
26. This Order does not relieve the permittee or any other erso of'the i y of
complying with all other applicable federal, state or local statutes, ordinances,b,y- awe
w
r ��e ns.
27. The,work authorized, Me nde,shall be completed within,these yeses from date of
th is order.
28. Thi's Order may be extendedby the s ingr authority for onebut not more than two
periods of up to one year each upon application to the issuing authority at leashthirty
...........'Prior to the ex,piration date of the Order (Refer to Sectioti 8.3) of 1-Tie NortTi
AiMover WetlatidReplatiom).
29. The,NACC reserves the right to amend .is, rder of Conditions after a legally
advertised public hearing if plans or circumstancesare changed or if new conditions,
or w information
30. Where the Department of Environmental Protection (DEP) 'is requested to make a.
determination andto,i ssuea Superseding Order, the Conservation Conu-nission shall
be a party to all agency r c ings and hearings before,th epar dent.
3 . The followingwetland resource, r r affected y the proposed work$ 100-Foot
Buffer.Zone associated with an off'-site, orde in Vegetated Wetland V that
contains � e i . veal pool. These resource areas are significant to theinterests f'
the Act and Town Bylaw as noted above and therein. The applicant has not attempted
8(1 F'orest StrM l FIT Fli -1 76, N(,["'111 d III S&,,SPeCial :'onditions,
Paue 2 of 1.2
to overcome the presumption of'significance of these resource,areas t ►the identified,
interests,
3 . he N.ACC agrees with the, i nt' delineation of the, et and, resource areas of
Bordering project pay
dated referenced herein.and the ConimYs 1 n will operate on the assumption that,a
vernal pooh is present within the I
3. The N CC finds that the,intensive use of the play areas and buffer zone proposed
t is site will cause furtheralteration f the waled resource real. In order t
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 tland resource rea., The Conservation administrator
and/or other agents of the NACC do,not have the authority to waive these setbacks as
t blIshed under the local b, law. disturbance fexisting grade,soils or
vegetation i's permitted in the No-Disturbance one, (See Section 3.4 &Appeiidix F of -Ile
local Regt ons).
34. This document shall be included in.all construction contracts,, subcontracts, and
speciflcdt o .s dealing It1i thework proposed and shall, supersede any conflictilig
contract reqwr meat . The applicant all assure that all contractors. subcontractors,,
and other PeIrSont-tel.performing the permitting work are fully aware of the permits
terms, and conditions. Thereafter, the contra for wi11 be heldjiointly liable forany
wlafton of this,Order resulting from failure to comply, It .its cond itions.
35. The owners of the project and their successors in title agree that the,Order does not in
itself impose upon tie'I,"own any responsibility ,to maintain y proposed drainage
system,and, that said Town shall not be liable for any damage in the event of f ifur .
By acceptance of this, Order, the owners agree to indemnify and hold harniless to t1
'Town and its residents for any damage attributable to alterations undert k .on this
property pursuant to the Order. Issuance of tease Conditions does not in any way
imply or certity that the site or downstream mess 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 publicy beco es the responsi*bilityf the Town.
36. Issuance f these Conditions does not in any way imply or certify that the,site or
downstream areas will not be subject to flooding, storin damage or any other form of
water damage.
805 Forest h,"ect Dil..`11 leaps 4 mm -1 7 N,A C'1°°Iiid1:11 S 1)C C n1l C 0t1� d i t i II
805 Forest Street- DES FILE ft 242 - 1776
F=PR10=RT(0 CONSTRUCTION
37. No,work shall be unde�rtaken until all administrative appeal periods fron-i 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 shall. be recorded.,,in,its entirety,by the applicant at the Registry,of'Deeds
in-aned'lately after the expiTa tin n of all appeal periods., No work shall be undertaken
untill.the,Final Order has,been recorded, in the Registry of Deeds or -the Land Court for
tl-Le 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 workis to be done. in the case of registered land, the Final Older 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,visible from.the street, stialllie displayed at the site not less, than two,square,
feet or more tnan three uses feet in s�izebearing the words "Massachusetts DEP,
Fil Number 242-1776."
40. Nio changes to the ap,proved plan shall be 'implemented in the field until wr itten
approval. has been granted by the NACC. Any changes in the subinitted plans caused
by the applicant, another Board's decision or resulting from this, Order of Conditions
must, be submitted, to the N ACC,for approval prior to implementation. if the NACC
finds said changes to be sin nif icant, the NACU will all for another public hearing(at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will is,sue an amended or new Order of Conditions. ,Any errors found in the
plans or infortnation submitted by the applicant shall be considered as changes.
41. 1t is the responsibility of the applicant, owner, anid/or successor(s) to,ensurle that all
conditions,of this Order of Conditions are complied with. The pr ect engineer and.
01
contractors are to be provdied with a copy of this,Order of'Conditions and referenced
documents before comnaenclement of construction.
42. Wetland flagglIng shall be checked prior to, start of construction and shall be re-
established,where missi ng. All wetland flagging shall remain visible and enumerated
pier the approved plani(s) throughout t'he life of the project and until a k',,ertj*,f icate of
Compliance is ,issued so that erosion.control measures can be,properly placed and
wetland 'Impacts can,be monitored., Such flags,shall be checked and replaced as
necessary and,shall,be maintained until all construction is complete.
fitions
805 1 or t ie� Street 1)[A) ile -,F h-2421776 NACC &Specu'd m ti
o
Pii,4 of'12
43. A row of staked 12" minimum compost FiRtrexx SiltSox (or equivalent)--shall be
properly installed between all construction ease and wetlands as shown on the,plans
approved and referenced herein and shall be,inspected and approved by the NACC or
its agient prior to the, rt of construction and shall remain.in good.working condition
until all disturbed areas have e been permanently stabilized d prevent erosion. All
d t onal erosion prevention and sedimentation protection measures n necessary
during o st-tA ction shall be implemented he direction of t,he NACC or its agent.
The NACC reserves the right,to impose add itional 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.oferosion 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
he NACC, they shall be installed within 48 hours of the mmis Y n."s request.
44, The applicant shall have on hand at the stagy an , soil disturbance, r � a r
stockpiling, 510 feet of silt sockand,sufficient stakes for staking ere from the
elements, and shall be used, onlyfor the control of
shall not be usedfor the normal control of erosion.
5. The erosion controls ha serve s the li'mit of work. Workers should be informed that
no use of machinery,, storage machinery r materials, stockpiling sole, or
construction activity is to occur beyond this line at any time
. A,check payable to then of North Andover shall, be provided in the, amount
two thousand dollars $2,000) which shall be in,all r spects satisfactory to Town
Counsel,Town'Treasurer, and the NACC,and, shall be poste .with theNorth
Andover Town Treasurer through theN C e re m-nie ternwork. Said
deposit of money shall be conditioned, n the completion of all conditions 1 ereo , shall,
be signedy a party or parties satisfactory to the NAC, ', and Town Counsel, and shall
be released after completion,of the : je t, provided that provisions,, satisfactory to the
ACQ, have been,ma fog,performance any, O d i n which r of continuing
nature. The applicant may propose a monetary release schedule keyed completion
of specific portions of ther r he NACC's review and approval. Thi's condition
is issued under the authority of thelocal Bylaw.
4 . The applicantshall designate a Wetland Scientist (or other environmental. professional
as approved by the NACC or its n as art"Erosion.Control. Monitor"" to oversee
any rgency, placement of controls and regular inspection,or replacement of
sedimentation of vices. Proof ofthe,retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting f irm. The name
and phone number of the erosion control monitor must be provided to the NACC1'n
the,event that this person has to be contacted, due to an emergency at the site, during
any 2 -hour period,including weekends., This person shall be given the authority
11(n 5 of 12
stop constructloon for the, purposes of correcting problenis with erosion control. The
Environinental Professional,willimi-nediately notify the Cons ervati"on.agent f7 any
matter a requires y Comm ssion o the agent. Theerosion control
; � i � � inspect devices, oversee .
proper disposal of waste products. Cleaning a include removal of any entrapped
silk.
48. At least ore ring each, e in which construction activities occurs on-site and for
as long, h r a er as ground remainsn a i d, the applicant shall submit a written
report with p r o °a hfrom e "Erosion Control Monitor" to the NACC certifying
teat, to the best of his/her knowledge and beliet Da d on acareful site inspection, all
work is,beingperformed in compliance t this Order: Conditions and that
approved setbacks arebeing adhered to. 'The, erosion control monitor ust visually.
inspect all sedimentation/erosioncontrol measures and assume responsibility r their
maintenance on a weekly basis and that they are functioning intended. In addition,
all wetland resource areas inust be,visually 'inspected for siltation,, turbidity, and o�r
other water quality im�a s. The Eros* C ntr Monitor all b � .site, ri
and/or following a major storni.event of"/2" 'Inch of'rain or greater (24 hour event) to
sur teat soils ren-iain stable, and erosion controls are, adequate and secure.
9. Prior to construction, the applicant shall. permanently ark the edge of tree line, and,
along the existing masonry,wall with a total of eight8) signs or ,arkers to be placed
on mature trees/stone .11.spaced evenly every 35,feet incorporating the following
text: "'Protected Wetland ResourceArea". This will designate the wetland resource
sensitivity and assure no further inadvertent encroachment into the wetland. Prior to
instal l Lion iin the field, the placement of thesepermanent markers l-gall subject to
review and pro al by the,Conservation Administrator. The applicant shall instruct
all agents to explam hese,markers o buyers lessees/la dscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Said, ,arl . are v f 1' l r purchase inflne
Conservation De artment at Town Hall.
50. Priorto any work commencing on-site, the applicantshall submit 1 ACC or its
Administrator for review andcomment, a detailed work 1 e 1 sequence of
construction,.
51. The applicant shall provide r n product specifications for the proposed ar i 1
style filtration.system this,information n be submitted with the, Building Permit
application.
2. Prior to any work con-miencingon site, is the responsibility f the applicant
procure all other applicable federal,, state and local pern-ilts and approvals r red.for
this project, and no wore within the Commlisston's Jurisdiction shall commence
until all other state local permits, ap�provals, and variances, have been obtained,
This, is to ensure that impact to Jurisdictional areas are avoided in the case that any
8('15 I.,orest Street I)L'I"File 11242-1776 NACC Findings&SpeCit'll Gond I t tolls
11-nu:,6 of 1
5 Forest Street- DAP FILE # 242 - 1,776
such permit's denied or withheld for any period of time th,er eby maintaining the
integrity of the resource area or bufferzotie untilh time all approvals are,
granted. Note: The Building Permit
tshall hay e .appl1 for at t ie time of a,p17e-
construction meeting with the Conservation Department,, and Conser,vatioll
Department sign off will not be granted unitil pre-cons-truction.conaitionsare sat s .ed.
3. The, applicant and/or the legal owner of that portion f read upon which these Orders
r
of Conditions have been placed shall p .vide to,the NACC prior to transferring', or
assigning any portion, f said rand t another arty, subject t Orders r� f
Conditions, the"'Compliance Certification rm .off davit'' attached via"'Appendix
` g ed under t e ai an nal yes f p fury, t fl ng t1 t s i a pl . t a d o
owner as read these Orders f+ ondit n and is in com. lance with each and ever
condition. 'This document shall apply to each of the ndit ons referenced enced er ei and
shall be,providedto the Conservatio partment at least five 5)business, days prior
to the closing of said read transaction.
. The existing play structure shalle removed as proposed by the p r and
discussed its.the,project engineer during the December 11, 2019 public hearing.
55. Once these above mentioned pre-constructionpre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site on.f r ce with an NACC representative, the
contractor, erpsion control monAor 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 u r sede any conflicting contract,requ irements. The applicant
shall assure that all contractors,, subcontractors and other p rs r -t l performing ming the
perrnitted work arefully aware of the permit"permit"s terms and conditions. Thereafter,, the
contractor r will be held,jointly liable for any,violation of this Order ofConditions
r esulfi,ig fr orn failure to comply with its conditions. The applicant or contractor shall
notify the NACC inwriting ofthe identity of the ors-site construction supervisor hired,
to coordinate construction.and to ensure compliance with this Order. A reasonable,
period f time gall be provided as notice of the pre-construction meeting (e.g. 72
hours).
F=�STOIRLVMWWWATER MANAGEMENT CONDITIONS
56. There shall be noincrease in the post development discharges from ttie stormdrainage
system or any other chang 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 specif ically approved Ire writing b Y the
Co ass n.
Water quality in down gradient WWs shall differ sign. yfol'I owi rig
completion of the project from the pre-development conditions,. There shall be no
sedimentation into wetlands r water bodies,frorn, discharge pipes or surface runoff
leaving the site.,
RING CONSTRUCTION
58. 'Upon beginning work, the applicantshall 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 upciate the uctio
sequence n can.be a part of the weekly erosion control,reports.,
and approvedy the ConservatiOnDepartment andshall'beproposed outsi the 100-
Foot Buffer Zone. All dewateringactivities shall be suplery ndwitnessed by the
priordesignated, erosion control monitor. De-watering activities shall be monitored daily by
the eros
c ontriol mon itor to ensure that sediment laden water 'is,appropri atiely
settled discharge, toward the wetland resource, areas. No discharge of water is,
allowed. directly, into an area subject Jurisdiction of theWetlands Protection act
and/or the North ndover Wetland Bylaw. if other m r ncy de-watering
requirements r ,the applicant shallsubmit a clontingency plan to the Con-u-nission
r approval, which.provides or the puinpedwater:to be contained in a settling asi ,
to reduce turbidity prior to discharge t a resource area,
60. Any fill used in cwu-iection with this project shall.be clean ill, containing n r:as
efus ,rubbish or debris, + u ,g but not limitedum e , ° ks, plaster,,wire,
lath, pager, cardboard P � glass,processed, glass aggregate, concrete,recycled
concrete aggregate, i, s, ashes,refrigerators/motor vehicles or parts oneany of the
foregoing., Any Fill imported.to,the site must be accompanied.by a certificate 'on o
or an analysis er s -- whichever is most qp
plicable as rm1'n
the Conservation Cormn ission or its staff
61. All exposed soil finish grade surfaces shall be in-unediately landscaped and stabilized.,
or loamed, seeded and niulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November each year. Outside ofthe
growing o , exposed soil fii-ush grade surfaces shall,be stabilized with,a ayes of
mulch gay until climate,conditions allow forseeding. During construction, any area of
exposed soils that will be left idle for or an 30, days shall,be stabilized with a layer
of'mulch hay or other means a proved y N C.
6.2. Associated pavement and roadways sha be swept at least weekly or as directedby
e Erosion Control monitor, ", e Site Supervisor,Pr ,anag ', or Conservation.
P aue 8,of 1
805 Forest Street DEP FILE #242 1776,
staff for as,long as the site remains exposed n n-stabile ed. I material,ial, is trucked
beyond theentrance nt the,adjacent�oadwa., it ill,be swept up daily.
63. No re-grading in, the buffer,zone shall have . lI t per tba 2M (horizontal:
tel:
vertical,),.,
i
64. 'rhe construction access for the project shall be swept daily to remove sediment
deposited. by construction vehicles accessing the site and, 1d tracking on to public
fight of way.
65. A material stockpiling area,,is proposed, outside the -Foot Buffer done. At no time
shall be stockpiling of soil or any other materials occur on the wetland side of the
erosion controls.
i
66. ,All waste crate y, r associate with,, theconstruction activity shall, e d.nt in
t
within the ll.mit work,, � away fromany wetland resource area. "There shall be
burying of spent construction materials or disposal of waste n.the site by any, other,
means. The applicant shall maintain dumpsters r then s lt�ale i ns t tl ��t
r the storage and removal 'Luch spent construction materialsoff-site. However,no,
trash mp t ris will be allowed within,75 feet of the e�dge of BVW.
6 . Accepted engineering and construction standards and proceduresgall be followed in
the omp l e ti o of the e project.,
68. During and after work on this pro]ect, there shall beno discharge or spillage of fuel, or:
other pollutants *Intoany wetland.resource area. If there 'is a spill discharge, of any
pollutant during any please oficonstruction tl N CC shall be notified,by the
applIcant within one - business day. No,construction vehicles are to,be stored within
100 feet ofwetland r esource reas,and no vehicle refuelingli, equipment lubrication, or
maintenance, 'is, to be done within 100 feet of a resource area.,
AFTER CONSTRUCTION
. Any all pool drawn, w discharge shall be directed outside, the buffer zone not
toward the etland,resources r directly into w catch basins and storniwater
system. This condition shall run In perpetuity beyond the anc of a Certl. icate of
t
. No underground,storage of feel oils shall be allowedany lot within one-hundred
('100) feet of any wetland resource area. This condition sh.allsurvive this Order o
Conditions,and shall run,with the title the "roperty. TWs condition,is issued under
the authority ofthe Town's Wetland protlection.Bylaw.
µ„
,805 Forest Street - DEP FILE 9 242 - 1776
71. Fertilizers ub`lize,cl, for land pmg 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
herbi,cides shall,not be used,within 100 feet of a,wetland resource area. This,condition
shall survive this Order, of Con,ditions and, shall run with the title of the.property. This
conditioll i's issued under the authority of the Town.'s'Wetla,nd Protection Bylaw and
shall remain in perpetuity.
72,. There shall be no dumping of leaves, grass,clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Di'sturb.Zone. This condition shall remain in
perpetui t�y.
73. Upon completion of construction and grading, all disturbed areas located outside
resource,areas shall be stabilized ermanently against eroslon. This,shall be done by
P
loaming and seeding according to NRCS standards,. Stabilization will be, considered
com P lete once full vegetative cover has, been achieved.
74. The use of coal tar-bayed pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff'. This condition shall survive the Order of Conditions
and shall run with the fide of t1-Ye property.
75. Upon alp rov ed, site sta.bill",zation,by Conner vation staff,tineonion
erosn cone-roil all ols be
removed and properly disposed of and all exposed,unvegetated areas shall be seelded.
76. Upon completion of the project the applicant shall submit the following to the
Clonseirvatlol,l 'k'.Olt,,i-Li,ii�iss ion as part of a request for,a Certificate of Compliance,-.,
a,. WPA Form 8A - ,"Request for,a Certif I icate 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 pro erty owners shall be submitted with
p
i
the request,for cate nc i a. Certifi of Complia e ndicating that they read and
understood the recorded Order of Conditions prior to purchasing ttteir p operty.,
e. The name and address of the inctividua,l/trust or corporabon,to whom the
compliance is to be,granted.
f. 'The,street address and assessor's map/parcel number for the proj .
g. 'The DEP file number.
h., A written statement from a Registered Profess,lonai Civil Engineer (and/or
Registered Professional Land Surveyor) of the Conunonwealth certitying that the
work has been conducted as shown on the plan(s) and documents referenced.
above, and as, conditioned by the Commissi"on.
i. A check payable to the Town of North Andover for Certificate of Compliance filing
fee.
81)5 Forest Street 1)[441 1`111c 112,42-1776 NAC'(11"1"Irldliwis spcci�al COnditions
I 11a e 10 of 12
5 i-eStreet- DEP FILE # 242 776
An"'As-Built" plan prepared and signed and,stamped by a Registered Professional
Civil Engineer (and/or Registered Profe ssional LandSurveyor)
Commonwealth, for the public record. Thi's plan will include:
"As-Built": post-d e opme� e e �a n all drainage mwater
t
management structures constructed.within 100 feet of any wetlanid resource
area.
""As-Built," post-development elev . ns and gradesof all filled or a ued
wetland resource areas including the encompassirig buffer zone which is
regulated as s resource area der the local Wetland, Protection ,15-kylaw.
Distances from structures, to wetland resource areas., Sr o l d b .
are not limited t septic systenis, d . o s,faeces, sheds, stone
�)ols retaining walls, subsurface,utilities and decks.
A lies showing e li'mit of work and the extent of existing erosion control
devices,, "'Work" includes alply disturbance of soils or vegetation,.
87. The,following speleiai conditions shall survive the issuance of a Certif icate of
Compliance (COS)for this project:
25" No-Disturbance Zone and a 50" No-Construction Zone. Future work
with the N CC of the Regulations, r performance standards within these
zone)The Conservation Administrator and/ other agents of theN CC
do not have the a,uthor y to waivethese setbacks as established under the
local Bylaw;
)'P,- ResourceArea Markers (Condition #49);
Discharge or spillage of pollutants (Condition #68);
Management,of pool water discharge (Condition
#69)-
Probibition of underground fuels (Condition#70);
Lfi,-rtitations on theuse r tilize is, herbicides, and, pesticides C nd ' n
71)
No dumping of leaves, grass, clippings, brush, or other debris into,a welliand
resource r or, e 25-foot No-Disturb n (Condition# 2).
Prohibition of t1ie useof coal ta,r based products r paving (Condition ` ;
05 Forest Street 1 11 11 File 1,242-1 76 NACC'1aIndim- S Peci�fl '()11(li 1011
Pia e I l ()1,1 ,
80�5 Fore st Strect-DEP FILE
APPENDIX A-AFFIDAVIT
on th do hereby depose and.state:
(authorlized,agent applicant and/or current owner)
(PLEASE CHECK AT EAST ONE BLOCK)
I am OW- of
(position with applicant)
(Capplicant naine or co�mpany naine)
the applicant upon whom Order of Cotiditions
havebeen pfaced u p on by (DEPor NA CC numbei)
the North Andover Conservation Cortunissi011'.
&/or
2. lani the of
(position with.owner) (owner naine)
�the owner-upon whoseAcand Order of Conditions
...........................................................................................................................
have been,placed,up by (DEP or NACC nuinber)
the North Andover Conservation Commission.
3. 1 hereby affirm,and acknowledge that 1.have receivedsaid Ordei of Conditions
and have read the same and understand each
(DEP it #) and.elvet�y condition which has,been set forth
in said Order of Coiid,litim'is.
4. 1 hereby affirm and acknowledge that on this day of 19
I hispected,said property together witli any and.all unprovements which have
been mad o the same and,hereby certify that each and every condition set
forth i-ti,Order of Conditions are presently Mi compliance.
(CEP File#)
5. 1 hereby affi,rm and acknowledge that this docu ment will be relied upon by the
North,Andover Conservation Com.mission as well as any potential buyers of
s id property su which is bject to said Con Order of ditions
al
(DEP File#)
Signed under the pairts and penalties of perj,ury this day of 19
(Signature-authorized agent of applicant or owner)
805 Forest Sti-co DI-J),Filc 4242-1776 NACC Findings N:Special Co,ndi I s
11(we 12!of 12