HomeMy WebLinkAbout- Permits #242-1778 - 461 SUMMER STREET 1/28/2020 i
Massachusetts Department f Environmental Protection Provided b sP:
Bureau of Resource Protection -- Wetlands 242-1778
WPA Form 5 - Order o�f Cond'itions MassDEP File
assach sett Wetlands Protection Act UG.L. c* 131, §40
eDEP Transaction
North Andover
Cityfrown
A. General Information
Please not ,: r �rth Andover
.......mm �....�............................ .......
this form has i. F'r rmi Conservation Commission
been modified
Frith added ' f issuance I for
sped t a. I rd r of Conditions . Amended' Order of Conditions
accommodate (check one):
the Registry
of Deeds I To Applicant:
ri remit
Russell &Jeri Bilodeau
Important: a.First Name �.Last Name
When filllin
out forms on .Organization
the 461SuTnmer Street
use only the
d.Mailing,Address
tali key to, North Andover MA 01845
�m ..........
,,.......,,. mmm�nn,�„�.,,,,m ,,,,m,,,.. .�.........
..w.�......
.............. u
m your ..Cit r rr� t.State g.Zip Code
cursor-d
not use the 4. Property Owner if different from applicant):
return key.
.. ..
r .First Name b.Last Name
+ .Organization
d,Mailing address
..... . ... ....... .m.....
.Cit `l"'° n f,.State g.Zip Cody
5. Project Location*
461 Summer Street North Andover"
.Street Address b.City/Town
Map 107A Lot 85
.assessors Map/Plat Number do'Marcel/Lot Number
-71 d'09m2,830s
Latitude and Longitude,, itknown*, , ..� � ,.,,�.....
d.Latitude e. Longitude
vipaf rr .do rev.611612015 Rage I of 12
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Massachusetts Department r n ire► mental Protection Provided by MassDEP:
Bur,eau of Resource Protection -Wetlands242-1778
WPA Poem 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act W G.L., . 131,y §401
.
EP Transaction a
North And er
A. General Information (cont.,)
1
. Property recorded t the Registry of Deeds for(attach d iti n 1, information if more than
one, parciel)".
Northern Essex
� .. Certificate Number(if registered
a.County b. i ter land)
11483 68
.Book d..Page
7. Dates: ....... ................
,a. Date Notice f latent Filed b.gate Public,blearing Closed c. Date of Issuance
... Final Approved Plans and Other Documents (attach additional plea or document references
s needed):
61 Summer Street Plot Plan of land
..Plan Ertl
Sullivan 4, aria Group,; IBC John Sullivan
b,Prepared By c.Signed and Stamped by
.Final Revision Date e.,Scale
.Additional Flan or Document Title . bate
13, Findings
1 Findings pursuant to the I assach u tts etlands Protection Act:
Following the review of the,above-ref r nced Notice of Intent and based on the information
provided in this application and presented atthe public hearung, this Commission finds that
the areas in which word its proposed is significant t ► the following interests of the Wetlands
Protection Act(the Act). Check 11l thatapply*
,. Pub'li Water Sau Sly b. El Land Containing Shellfish, " Prevention, f
Pollution
ti n
. Private t r Supply Fisheries
f. Z Protection of
Wildlife Habitat
. Groundwater S i 1 � h., Z Storm Damage Prevention l- 0 Flood Control
�. This Commission hereby finds the project, as proposed, is. � � �� �� f the following inkboxes)
Approved subject t ,-
the,following conditions which are necessary, in accordance with the performance
standards set forth in the wetland's regulations. This Corn issi un orders that all work squall
be performed in,accordance with the Notice of Intent referenced above, the following
General Conditions, and"any other special conditions att ched to this Order. To the extent
that the following conditions modify r differ fr� m th pl n , specific ti ns, wr tbu r
proposals submitted with the Notice,of Intent, these conditions shall control.
v fornZ do - rev,.6/1612,015 Page 2 of 1
Ma
s ea is DepartmentEnvironmentalProtection I"rear l��1! I � � .
Bureau Resource Protection - Wetlands 242-1778
WPA Form 5 - Orider olf Condiftions,
IL
Massachusetts Wetlands Pro e t n Act M.G.L. c. 131, §40m.-..---,
N' rth Andover
City/Town
B. Findings (cont.
Denied because*
b. the proposed work cannot be conditionedmeet the performance standards ;yet forth,
in the wetlandregulations. Therefore, work this project may not go forward unless and
until new 1' bfioo of Intent is submitted which provides measures which are adequate to,
protect the interests of the dot, and a final Order of Conditions is issued. A description of
the performance standards,whic the proposed,work cannot meet is attached tea thi's
Order®
the information submitted by the applicant is not sufficient to describe the site, the work,
r the effect of the work on the interests identified in the otl n s Protection Act.
Therefore, work n this project may not i forward unless and until a revised Notice of
Intent is, submitted which r i es sufficient information and includes measures which are
adequate to, protect the Act's interests,, anal a final Order of Conditions is issued.
description of the specific information,which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).,
3. Z Buffer Zone Impacts: Shortest distance betweenlimit of project 70'+/-
disturbance and the wetland n resource area specified in 310 CIVIR 1 . 2(l)(a) a.linear feet
Inland Resource Area Impacts: Chock all that apply below. (For Approvals,Only)
Proposed PermittedProps Permitted
Resource r Alteration Alteration, Replacement Replacement
a.linear feet b.linear feet c.,linear feet d.linear feet
5. Bordering
Vegetated Wetland a.square feet b.square feet + .square feet d.squiarle feet
6. D band I n er
Waterbodles,and a.square feet b.square feet c.,square feet d.square feet
Waterways
. dredged. f.,dy dredged
m,.
'. [ BordeSubject toring La ............ ..........
Flooding .square.m...f t b.square feet c.square feet. d.,square fee..
Cubic Feet Flood Storage ... ft.,,,,,,,,, . u feet
e.cubic feet f-cubic feet ubi
. Isolated Land
Subject,to Flooding a.square feet b.square feet............................ .
........
Cubic Feet Flood Storage „cubic feet '.cubic feet. e.cubic feet f.cubic feet
9. El Riverfront Area ..,-
fintni Qrt b.total, q.feet
f6in"i.........
.�. id.square feet w w w t
f,square feet
Sq ft between -
in, QnJuprofoot 't
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Massachusetts Department of Environmen�tal Protection Provided by MasslDEP:
Bureau of Resource Protection - Wetlands 242-1778
1
WPA Form 5 — Order of Conditions
1
Massachusetts Wetlands Protectillon Act G.L. c. 1311, §40 eDEP Transaction#
North Andover
City/Town
R. Findings c tw
Coastal R,es ur+ Area, Impacts: Check all that apply below. (For ApprovalsOnly)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
lo. Designated Port
Areas Indicate size under r Land under the Ocean, below
i i.. El Land under the
O
cean a.,square feet...... .square feet
c,,c/y dredged d. dredged
Indicate size under r Costal Beaches am Coastal Dunes
1 . Barrier Beaches + I w
13. Coastal Beachesa.siquiare feet b... „are feet c.nourishment d.nourishment
yd cu yd
. Coastal Dunes .��square���� ..�...
� ..�
. u� r hme feet .nourishment�t d.nourishment
15. ® Coastal Bank
.linear fit b.linear ft
16. Rocky Intertidal
Shores a.square feet b,square feet
17. Salt Marshes feetsquare.
qfeet c.square feet d.square feet
18, El Lead Under Belt
Ponds as square feet b.,square feet
19. El Land Containing
Shellfish a.,square feet gib.square feat c.square feet. d.squarefeet
d Fish Boas Indicate size under Coastal Barks, Inland Bark, Land Linder
the Ocean, and/or inland' Lard Under Waterbodies and
Waterways, above
a.cty dredged b.ic/y dredged
. band Subject t t
Coastal Storm a,square feet.. Via.square feet
Flowage
2. Riverfront Area
f fnl Qrl fppf b.total feet
Sq ft within 100 ft .,.
r-r m Aare fp t .square feet in"... r nroi f.square feet
Sq ft between 1
.square feat .,.
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Massachusetts Department,of'Environmental Protection Provided cD Ra
Bureau of Resource Protection -Wetlands 242-1778
�
WPA Form 5 — Order, Conditions E ile,#
Massachusetts� WetlandsProtection Act M.G.L. c. 131, §40
DE Transaction
I: North Andover
.rc�....
Cityrrown
B. Findings (cont.
#2 . If the
project is for . E:1 Restoration/Enhancerinent .
the purpose of
restoring or
enhancing .squarefeet o B _et of salt marsh
wetland
resource area
n addition t
t square ..................
a.number f new streamcrossings,,, b. number�,.. �replacement stream Gros...................
footage that
has been
entered in,
C. General C �ndI i , s r� Massachusetts Wetlands Protection Act,
Section B. . .
r The following conditl s are, only applicable to Approved projects.
.1 . (Salt.
Marsh)above, 1. Failure to comply with all conditions,stated herein, and with all related statutes and other
ease enter
she additional regulatory measures, shall be deemed cause to revoke or modify this Order.
r.
amount here. Z 'The Order does not great any property rights or any exclusive privileges it doles not
authorize any injury r to privateproperty or invia ion of,private rights.
3. Thas Order does, not relieve the permittaa or any other person of the necessity f complying
with all other applicable,federal, state, or local statutes, ordinances, bylaws, or regulations.
. The work authorized hereunder shall he 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
h. The time for completion. has been extended to a specified date rnore than three years,
but lass than five years, from the date of issuance. if this Order,is, intended to he valid)
for more than,three years, the extension date and the special circumstances arranti
the extended time period are set forth as a,special condition in this Order,
c. If the work is for a Test project, this Order of Conditions shall be valid for no,more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up,to tree
years each upon application to the issuing authority at least 30 days prior t the expiration
date of the Order, An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject t the prov,isions of 31
. If this Order constitutes are Amended Order of Conditions, this Amended Order of
Conditions does, not extend the issuance data ofthe original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fiill., Any full shall contain no trash,
refuse, nebbish, 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,
wpaformi5.do M rev. 1 /015 Page 5 of
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lVla,ssachuisetts Department of Envlronmental ,protecfion Provided by,MassDEP:
Bureau es urc Protection, - ads 2 2-1778
WPA Form 5 - Order of Conditions
Massachusetts Wetlands, Protection.Act .G. . c. 13 , §40 mm.... ..............m
E rnsadi
North Andover
CRyfrown
C. ll Cond"Itions, Under Massachusetts Wetlands Protection, Act
w This Order is not final until all administrative appeal periods from this Order have elapsed,
r if such are 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 Curt for the,district in which l the land is located, within
the chain f title o f the affected property. In thecase f recorded land, tl�u Final rder shall
also be noted in the Registry's Grantior lnd X under thie name of the owner of'the land upon
which the proposedwork 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 ofthe land up ru
which the proposed work is done.The recording information shall be submittecito the
Conservation Commission n on the fora at the crud of this Order, hi h form rust be
stamped by the Registry of Deeds, prior to the commencement of work..
. A,sign shall be d plied'at the site not less then two,square feet or more than three
inure feet in. size bearin the words,
"Massachusetts Department,of Environmental Protection" [ r, "Mass P]
"File Number 2 '8 ►
11., Where the Department,of Environmental Protection 'is requested to:issue a,Superseding
O
rd r, this Conservation Commission shill party to all agency proceedings and
,hearings before MassiDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate f Compliance (WPA Form 8 to the Conservation Commission.
13. 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 require the applicant t
inquire of the Conservation Commission in writing whether the change is significant enough
to require,the filing of a new Notice f Intent.
15. The Agent or members of the Conservation Commission,and the Department of
Environmental Protection shall have the right to eater and inspect the area subject to this
Order at,reasonable hours to evaluate compliance with the conditions stated in this,Orden,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This,Order of Conditions shal1l apply to anysuccessor in interest or successor in control of
the,property subject to this Order and to anycontractor or otheir person n performing work
conditioned by this Order*
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A if
ass c �u�,settsDepartment EnvironmentalProtection Provided a ,.
u�reau f ResourceProtection -Wetlands -177
MassiDEP
PA F m 5, ��-- e r of� �C n d ti o s
Fl
assac ru setts Wetlands Protection Act M.G.L. c. 131, §40 .e EP.Transaction
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act cunt.
17. Prior to the start f' r rl , and if the project involves,work a cent to a 'Bordering Vegetated
Wetland, the boundary f the wetland in the vicinity of the proposed work area shall, e
marked a wooden stakes, r flagging., Once in place, the wetland boundarymarkers,shall
e maintained until a Certificate of Compliance has beenissued 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 r water body. During constru cti n, the applicant,or leis/Dauer designee
lull inspect the ar si n controls on a daily basis and shall remove accumulated' sediments,
as, needed. The p, licant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission,which reserves,the,
right:to require ire additional erosion and/or damage prevention controls, it may deem
necessary., Sedimentation barriers shall earns as the limit of work unless am tl'er limit of
work lira has been approved this Order.
11i The work associated with this Order the"Project")
El is subject t t the Massachusetts Stormwater Standards
(2) E, is NOT subject to the Massachusetts St rmwatar Standards
If t e work is subject,to the St rmw t r Standards,then the project']s subject to the
a All work, including site preparation, lard disturbance, construction and redevelopment,
shall be implemented ented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan au m if applicable, 'the B't rr-n rector Pollution
Prevention Plan required by the Ideational Pollution Discharge Elimination System
Construction General l orri it a r u�rire B�t rmwater Condition . Construction period
u
erosion, sedimentation and pollution control measures and best management practices
BMPs sihiall remain in place until the site is,fully stabilized.
No storinw ator runoff may be discharged to the pOSt7cons,truetio n storm neater BMPs
unless and until a.(Registered Professional Engineer provides a Certification that.,
i. all construction,n, period BMPs have been removed or will be removed by a date certain
specified in the!Certification. For any construction period BM Ps intended to be converted
to post construction ction operation for storm water attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stermwator Handbook BMP specifications,and that
the BMP has been properly cleaned or prepared for posit construction operation, including
removal of all construction period sediment trapped in inlet and outlet central structure
ii as-built final construction BMP plans,are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilised;
fi. any illicit discharges to the starmwater management system have been removed, as per
the requirements f'St rm ater Standard 101
pafdrm .do rev.6/16/2015 Page of 1
Mass,achusetts Department of Environmental Protection Provided by Mass]DEP:
Bureau Resource Protection -Wetlands 242-1778
1) 71
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction
North Andover
C,ityfrown,
C. General Conditio,vis Under Massachusetts Wetlands Protection Act (cont)
iIv; all post-construction st rmwatar BIVIPs are installed in accordance with thep�lans
including all plantingplans) approved the issuing authority, � � ' ir�� apt dto,
ensure that they are not damaged and that they,are in proper working condution
. any vegetation associated with post-construction B 1 s is suitably established o
withstand arosi �ru.
c The landowner is ra �nsih�la for BMP maintenance .until the issuing authority is notified
that another party has legally assumed responsibility for BIVIP maintenance.nance. Prior t
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party defined in General Condition °l shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement for the
Storm water BMPs identifying the party responsible for implementing the st rmwat r BMP
Operation and Maintenance, Ilan, ("O&M Plan")" and certifying the f lil wi g:
is the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii. the future responsible parties shall be notified in,writing f their ongoing in` legal
responsibility to operate and maintain the storm water r management BIMPs and
implement the Storm water Pollution Prevention Flan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwatier Pollution Prevention P'lan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit,.
it,.
aUnless and until another party accepts responsibility, the landowner, or owner f'any
drainage easement, assures responsibility for maintaining lealch B,MP. 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 B,MP, and that the proposed
responsible,party shall he treated as a permittee for purposes of implementing the
re uirar aruts of Condition 1 f thr u 1 with respect to that BIVIP. Any failure of the
proposed responsible party to implement the requirements of Condition 1° f through,
1 with ras e t to that BMP shall he a violation f the Order of Conditions,or Certificate
of Compliance. In,the case of stormwater BMPs that are serving more than one lot, the
legally binding a,greerment shall also identify the lots that w 111 be serviced by the storm at r
BM Ps. A plan and easement dead that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f The responsible party shall operate and miaintain all stormwater B,MPs in accordance
with the design plans, the O&M plain, and the requirements of the Massachusetts
Stormwat r Handbook.
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Massachusetts Department r e ii+ Provided i � :
Bureau, of Resource Protection - Wetlands 242,-1778
1aEP File
WPA Form 5 - Order of Condiflons
Massachusetts Wetlands Protection Act MG.L. c. 13 1, §40J eDEP m ................
Transaction
North Andover
City owe
C. General Conditions, Under Massachusetts Wetlands, ProtectionAct(cunt.)
he responsible party shall:
1 Maintain an operation and maintenance log for the last three 3 consecutive!
calendar years of inspections, r� urr�� n ��nt� � nor replacement ofthest rrnwater management tern oir any part thereof, and disposal (for disposal'the
log shall indicate the,type of material n ll the disposal location);
2. Make the maintenance lag available to 1 lassDEP and the Conservation
Commission "Commisis,i n") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that,the responsible party is in compliance
with the requirements for each BIVIP established in the O&M, 'Plan approved by the
issuing authority.
hAll sediment or other contaminants removed from stormwater BlVlPs shall be,disposed
f'iin accordance with all applicable federal, state, and local laws,and r gulati n "
i Illicit d Iischarges to the st ,rmwater management system as{defined in 310, CMR 10.04
are prohibited.
j The, t rmwat r ana � lm nt system approved' in the Order of Conditions,shall not be
changed without the prior mitten approval f the issuing authority.
" of the Low Impact Site
Areas designated �qualifying �ru�u! r��� for the purpose
Design, Credit as defined in the Masis,DEP St rn at r Handbooky Volume 3, Chapter 1,
Low Impact Development Site Design Credits)shall not be altered without the prior written
approval of the issuing authority.
1, Access for maintenance,, repair, am repilacement of BMPs shall not be withheld
Any fencing constructed cted around st rm ater 13MP,s shall include,access gates and shall be
at least six inches above gradeto allow for wildlife passage".
Special Conditions if you need more space for additional conditions, please attache a text
dum, nt -
20. For goat Projects,s,u bject to 310 CM R 10. 5(l , the applicant shall also implement the
monitoring plan and the restoration plan,submitted with the Notice of Intent., If the
conservation commission or Department determines that the,Test Project threatens the
public health,, safety or the environment, the applicant shall implement the ram w al plan
submitted with the Notice f Intent or modify the project as,directed by the conservation
commission orthe Department,
I
y
wpaform5. rev. /1, 1 , Page 9 of 1
Massachusetts Department of Environmental Protection Provided s EPI,
Bureau Resource 'r t ct - Wetlands 2 2-
IA: M X P He
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act, M.G.L. 9, 1 3 , § eDEP Transaction
Nor.111111-111111-,..........-th Andover
City/Town
Findings,D. Under Municipal Wetlands Bylaw or Ordinance
1 Is a municipal wetlands bylaw or ordinance lic bl " Yes No
, . The Forth Andover hereby inns (check one that applies):
Conservation Commission
.. that the, "r posed work cannot be conditioned to meet the t ndar s set forth in a
municipal ordinance or bylaw, specifically,-,
1.Municipal Ordinance oir Bylaw .Citation
Therefore,word on this project may not go,forward unless and until a reprised Notice of
Intent is submitted which provides measures which are,adequate to meet these
standards, and a final Order of Conditions is issued.
b. that the following additional:con:cond pions,are necessary to comply with a municipal
ordinance or bylaw*
tio' Bylaw & Regulations Chap., 190
North Andover Wetlands I�rt � n..._
W The Commission orders that,all work shall be performediin accordance with the,following
conditionsanid withthe Notice e at 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,spacial conditions relating to municipal,ordinance or bylaw are as follows it you need
more space for additional conditions, attach a,text document)*
North An....dover Conservation Commission t=indin & S acial Conditions ��' tta� �d�l
Page 10 of 1 .
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Massachusetts Department of Environmental ProtectJon Provided by Mas E R
Bureau Resource 'Protections - Wetlands 2,42-1778
MassDE
WPA Form 5 — Order, of Conditions,
Massachusetts Wetlands Protection act xGwL. . 131, §4,0 eDEP Try►. ,.�.,
North n ov r
C i ter own
E. S"ignatures
'ho 000,
Important:When T"h�i Order is valid for th'Mr ears, unless otherwise� ifi special "� z 2ol
x
fa�U�� f�rr�r M ,,....,.
n the computer,
condition pursuant t General Conditions ,from the date of issuance. 1.Date f Issuance
� .use,only the Please � n� r � r � � �x
sign form.
key t� � r This,Order �� t �rrn majority �the Conservation Commission. 2.Numbevrof Signers
cursor-do not
use the return The Order must be mailed certified snail (return receipt requested) or hand delivered t
key., the applicant. A copy smut be mailed, hand delivered or filed electronically, t the sane time
with the appropriate Mas,sDEP Regional Office.
l
Sin "t.0 r x
. w�..
loqx?
. ,For
..........
by,
m
certified nail, return,receipt
El by hand delivery on requested, n
Date Date
F., Appeals
The lin y h aggrieved this Order, any owner of land abutting
t, the owner,, n person �
the land subject,to this Or r,, r any tern residents f th e~pity or town in which such land is
located, are hereby h notified' f their right to request the appropriate MasslDEP regional
Office to issue a Superseding Order of Conditions. The request must be rude by certified
tru uil or hand delivery to theDepartme
nt, with the appropriate filing fee and a completed
Requestfor e urtm nt ul action FeeTransmittal Form, as provided in 3101 CMR 10.03(7)
within ten business siness days from the date of issuance of this Order. A coipyf the request shall
at the same time e sent by certified mil or hand' delivery to the Conservation Commission,
and t thee,applicant, if hue/she is not the appellant.
Any appellants,seeping to appeal the Department's,Superseding Murder associated with,this
appeal will he 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,t the close of the public hearing, requesting
Superseding Order, or providing written information to the Department prior to issuance f'
a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order er does not contribute to the protection of the interests identified
in the Massachusetts,W+ tlands protection;act (M.G.. c. 13 ,'§ , and is inconsistent
with the wetlands reg ul uti ins 3 10 C M R 10.00). To the extent that the Order is based on,
municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection act or
regulations, the Department,has no appellate jurisdiction.
a, se .d rev.02/2 1 01 Page.. of
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Ma
ssac s fts Department fEnvironmental 'ProtectionProvided
Bureau Resource Protection e l 's 2-1 ,
WPA Form 5 - Ordu of Conditionsl Ms File
MassachusettsWetlands Protection Act * .L . 131, §40 - rvrv%
North An�dover
CNtfron
G. Recording Information
Prior to commencement of word this Order of Conditions must be, recorded in the Registry
Deeds r the Land Court for the disitrict 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 notedin the
Registry's Grantor index under the name of the olwn r of the lard 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 lard subJect,to,the Order, f Conditions. The recording informiation on this, page
shall be submitted to the Conservation Commission n listed below.
North Andover
Conservation Commission
Detach tted line,, have stamped by the Registry of Deeds and subrnit to the Conservation
Commission.
North r� ! er
. ........
....
Con rvation Commission
Pleasee advised that the Order of Con itions for the project at:
,461 Summer Street -1
.
Project Location MassDEP File Number
Has been recorded at the Registry of Dees of:
Northern rn Essex
County ook Page
till & Jeri Bilodeiau
Property Owner
and has been noted in the,chain of title ofthie affectedproperty,in:
11483
Book Page
In, accordance with the Order f'Con iti n issued on:
1- -2
Date
If recorded land, the instrument number identifying this,transaction is,,
...................Instrument umb �.......... ,
r
If registered herd, the document number identifying this transaction is
Document Number
........
.......... .........
Signature of Applicant
P fiori . rev.6/1612015 Page 12 of 1
1 Salein Sfeast- DEP FIDE iq 242 - 1778
Therefore, the North Andover Conservation,C n -nis e (hereafter the "NACU") hereby
finds, that h f llowing conditions are necessary, in accordance with the Performance
Standards set f th n the State Regulations, 1 local Bylaw and Regulations,, to protect those
interests noted above. The NACC orders that all word shall be performed in accordance with
said conditions, and with the tice ofInteint/approved plans referenced below. the
extent that the following conditions modify or differ,from the pl,a,n,s,,,,_,,specj,,fications or other
pro.posals submitted with the Notice of I the conditions shall.control.,.
GENMAL CONDITIONS
space20. The proposed work inciuctes: construction of a proposed 15-x2T add 11tion with a crawl
foundation.at the westerly d of house,,construction of a small 1-2' high
landscape wall, a removal of a walkwaylocated, 1 11 the pool and new
addition. The additionwill be approximatelyfeet from edge of
The o ff r I to the follown
g (except as noted in the remainder of this
Noticedocument where revisions may be requfii-iied):�
of'Intent filed by Russell &jen Bilodeau.
Site Flees & Documents-,
`44.61 Summer Street Plot Flee of Land"
PreparedPI Sullivanby S lliva ginee ing uroup, LLC
Signed &Stamped.by John Sullivan III ICE
Scale "'-2
Diated.December 13, 2019
2. The term""Applicant"" as used in fl-as Order of Conditions shall refer wner,any
sucicessor in interest or successor in control, f i property referenced I Notice
Intent I supporting documents,and this Order of Condi t"loins. The NACC shallbe
notifiedin writing within 30 days,of all transfers of title of any portion of property that
takeslacy prior to theissuance of'a Cep of icate ofCompliance.
23. The conditions of this,decision gal apply, , and be bind upon, the, applicant,
1, its employees,and all successors any assigns in interest, r control. Tease
portions of`t1ie property.
obligations shall be expressed *in,coveniants in all deeds to succeeding owners of
24. Failure comply with all conditions stated herein,and with,all related statutesand
other regulatory measures, shall.bei deemed cause to revoke, or modify,this Order.
,161 Summer �� 4n tr I) I'd ," I?- ` " mrndn a
Pa-e II of 12
461, Salem Street- DEPFILE #2 2
25. This Order does not grant any property i 1 s or any exclusive privileges; it doesnot
authorize any i ijury to private property or n of propertyrights. However, the
NACQ agent of the 'NACC or the Departinent of Enviroranental,Protection
reserves he right to enter and maps he property at all reasonable times until a
Certificate o ''Co 'lance, is issued, evaluate compliance with this Order of
C ndi io . , the Act (31,.0 CMR 10.00), he tAndover la . la n
e lm s, nd may equir ny ntorma o , measurements,, � t �°ap� ,
observations,and/or materials,, or may �equire thesubmittal of any data or
information.deemed necessary by he ACC for that evaluation. Further,workshall.
behalted on the site if the NACC, agent or DEP determines that any of theor is not
n compliance with this Order of Conditions. r shall not,resume until, the NACC
is satisfied that the work will comply nd has,so notif ed the applicant in.writing,
26. jnis Order does notrelieve he permittee,or any other person.of the necessity of
om l�_ � ,with all her applicable 1e decal,state� r localstatutes', ordinances, �by-laws
P �
r regulations.
27. The work autb,orized hereunder shall,, e colas leted within three ears from the date o
his order.,
28. This Order may be extended, by the issuing authority for one, but not more ha two,
periods of up to one year each upon application to the, issuing authority at least thirty
da s, ) Prior to the expiration date of the Order (Refer o Sechoii 8.3 f Me Narth
Aadv -Wetlaiid Rees .
2 . The NACC reserves, he eight to amend this Order of Conditions after a legally
advertised public 1 rl if plans or circumstances are changedr if new cond, 'i
or information so warrant.
30. Wherethe Department of''EmTironiiiental Protection (DEP) is requested to make a
determination.and to issue a Superseding Order, the Conservation Con-imission shall,
e a party to all agency r ee ings and hearings befog* he Depart en .
3LThe following wetland resource areas are affected by the proposed work: I 00-Foot
Buffer Z p e� v e a ed and. These � ��ource area re xg� ca
the mares s of the Act and TownBylaw as noted above and therein., The applicant
has not attempted.to overcome the presumption of significatice of these resource areas
"'to h *identified interests.
32. The NACC agrees,with the applicants delineation of the,wetland resource areas
i
located site which includes Borderin Ve „ e 1 .n . B , associated1 -
Foo ffer Zone shown on the plans dated referenced.herein.,
I , r r�l 'a �° TM'C L f; I ilia ?' - NA(I'.." `It 111 � �4 �I Conditions
4I
aoe 2 o 2
l
461 S le n Sti t- 1 P FILE #242 - 1778
33. The NACC finds thatthe intensive use of the uplandareas,and buffer zone proposed
n this site will cause further alteration of the wetland *e ce areas. In orderto
prevent any alteration 'wetl d resource, areas a tweet five wt (25 No-
'Disturbance Zone and a fiftyfoot (50"), No-Construction� e shall be established from
the edge of the adjacent t wetland, esour area,. 'I"'he Conservation Administrator
and/or other agents of the NACU do not have the authority to waive these setbacks as
established under the local bylaw,. No disturbance existing grade, soils
vegetation is permitted in the No-Disturbance zone, (See Sectioii, 3.4 &.App i g F of Hie
local R W � �r
34. This document shall be included in all construction contracts,, subcontracts, and
Specifications, dealing with the work proposed and shall supersede any conflicting
contract requirements. he applicant shall assure that all contractors, ubco ft,4actor ,
and other personnel, performing the permitting work are fully aware of thepermits
terms and conditions. 'I"her ,.lt r,the,contractor will be held intl liable for any
I -i its conditions.
violati on of this Order resuiting from fa flure to comply w"tI
35. The owners of the project and their successors in title agree that the der does not
lts l i s p i a ra
system and that said Town shall not be liable, o ny dainag in the event of failure.
y acceptance of this der, the rs agree toindemnify and hold harmless to the
Town and its residents or any damage attributable to alterations dertaken on this
propertypursuant to the Order.. Issuance '+L+' th ud s Conditions does,s,not in,any way
imply or cerfify that the site or downstream areaswill not be subject to flooding,storm
damage or any other form of' Ater damage. Maintenance na the drainage system, if
accepted by the w as,part of a public ay, ecome the responsibility of the Town.
36. Issuance. these,Conditions o� not l any way �.mply or certify that the site or
downstream areas will not be subject to flooding,storm dames or: any other form of
water, damage.
:P:::R:10R. O CONSTRUCTION
I ��� 1 11111
37. No work shall be undertaken until all, administrative appeal periods from this Order
have l sect or, if such an,appeal has been f 14led, until all proceedings before the
Depiartiiient or Court have been completed.
3 , This Order shall be,recorded, n its entirety, y the applicant at the Registry of De 1s
inimediately 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 districtin which the land Is,located,within the chain of title, the affected
property. In the case of recorded land, the final Order shall also be noted in the
Registry's Grantor Index der the,niame of the wee of the land upon which.the
61 SaleM, Street DE P FILE #242
proposed work, is e done. In the case of registered land, the Final,Order shall also,
e noted on the LandCourt Cei.-lificate of Title of the owner of the land upon which,
the proposed s to be does. The recording information h ll lie 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,recordedby the applicant before work
onune ces, may be recorded y the NACC at the applicant's expense.
39. A sign,, Visible from the street., shall be displayed at thesite not less than two square
feet or more than three square feet in size bearing the words "Massachusetts DEP
File Number 24277 . E
40. No changes, he approved plan shall implemented in the,field. unfil wr teen.
approval has been granted by theNACC. Any changes, in,the submitted plans caused
by the ap ficant another Board's ision or resulting fromConditions his rder f
east be submitted to the, NACU for approval prior to implementation. if the, NACC
finds id changes to be significant the NACC will cell for another p ublic hearing(at,
,, expensef the applicant). ithin 21 days of the close of said,public hearingthe
ACC will issue an amended, or,new Order of Conditions. Any errors found 11-1 the
. I
plans o,,r intormation submitted,by theapplicant shall lie considered as changes.
41. It is 1 responsibility of the applicant, er and/or saes , 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.
2., Wetland flagging shall be checked prior to start of construction and shall be re-
establisnec.t where missing. All wetla,nd flagging shall remain,visible and enumerated
per the approved plan(s) ut the life f the proliect and until a Certificate f
Compliance is issued so thaterosion control.measures can be properly placed and
wetland impacts can be monitored. Such barriers shall be checked an eplaced
necessary and, gall be maintained until all constructi,on is complete.
43. A row of staked 12" minimum compost Filtrexx SiRtSox (or_gquivaient) shall,be
properly Installed.between all construction,areas and wetlands as shown on the plans
approve and referenced herein and. shall beinspected. and approved,by the NACC or
its agent priortiohe start of construction andshall remainintact until all disturbed
areas,ha e been permanently stabilized to prevent erosion. All additional erosion,
prevention and sedimentation protection measures found necessary during
construction shall be implemented at thedirection f the NACC or its agent. The
NACC reserves the right to impose additional ondl l on portions, of this project
mitigate any impacts which could 1d result,fro ,site erosion, or any noticeable
degradation f surface water quality discharging from he site. For example,
installati,on of erosion,control measures maybe required In areas not shown on the
461, alein Street-DEP FILE 2 2 78
lane referenced n this Order: of Conditions. Should suchinstallation be requiredby
t e N CC, they shall be installed within 48 hours,urs, f the Conunission's request.
. ' 'he applicant shall have on hand at the start of any soil, disturbance, removal or
toc'fi g, feet o silt s end s ent st kes fog° take v �
shall.elements,and shall be used, onlyforthe control of emergency eros ion,problems,and
not be used for the normal controlerosion.
45. The erosion controls shallserve as the limit of work. Workers should be informe that
no,use machi e , storage ofmaichinery or materials,stockpiling soil, or
construction,activity is to occur beyond this fine at any time.
6. A check payable to the Town of North Andover shall, be provided the amount of'
one thousand dollars ,,000 which shallbe in all respects satisfactory to Town.
Counsel, Town Treasurer, n. the NAC C� � + �� �e ste t with the North
Andover Town Treasurer through the CC befor c in-ien ement of work. Saiddeposit 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 own Counsel, and
be released after completion of the pr
O"Ied,provided that provisions,,
satisfactory to the
.CC, have been made,for performance any conditions whichare 'c n inui
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of tl r
-ie p, oject for the,NACC's review and. approval. Thi's condition
s issued under the authority of the local Bylaw.
47., The applicant shall designate Wetland Scientist (or other environmental professional
as approved.by the NACC or Its agentas t r" t se� � � �
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices,. Proof of the retaineci.monitor mustbe submitted, to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone num er of ther s n control monitor m t be provided t the NACCice..
the event teat this person a to be contacted, due to an emergency at the site, duriTig
any 2 -hour period,including weekends. Thil's persionshall be given the ut or ty t
stop construction for the purposes of c r.r t n ,prowerns with r n control. The
nvi*r nm to Professional will immedi'ately notify the Conservaflon agent of any
matter that requires attenfion by the C xsision or the agent. The erosion controi,
monitor will be required to n, ct all such devices and oversee cleaningand the
proper disposal. waste products. Cleaning shall include removal 'a y entrapped
i
silt.
8. At least once during each week in which construction activities occurs, -site and for
as long thereafter as ground remains unstabilized, the applicant shall submit awritten
in i in•t with � o
that, to the best of his/her knowledge and belief based a careful site ns ctn, all
work is,being performed in compiiance wan this,Order of Conditions a d t at
461 SLUmn r Street i l 11 F'il Q-12-1778 NA CC C F111(fillos&Specitfl Conditions,
t'at-se ofLL I
,approved setbacks arebeing adheredo. The erosion control monitor must visually
inspect all sedimentation/erosion, ontrol measures and assume,responsibility for their
maintenance n a eek basis ,-i that � are nut'i, g aintended. In�.d�.% ion,
,
all wetland resource mess must be visually inspected forsiltation,,turbidity, an or
other water quality im acts. The Erosion Control, onitor shall be on site during
and or following a major storm event of 1 " 'Inch f rain or greater (24, hourevent)
ensurethat soils remain stable, and onion.controls, are adequate and secure.
9. The existing we an markers located on the chain link fence shall remain,pentad.and
replaced as neclessary in perpetuity. Said arkers are available,for purchase,in the
Conservation Depee Hunt at Town Hall.
5 . Prior to any work commencin n-site, the applicant shall submit to the NACC or its
A
Administrator for review and comment,men , detailed d rk schedule/sequence of
nsri .
51, Prior to any work col-rui-Lencing on site, it�is the responsibility of the applicant to
procure all other applicable federal,, state and local, permits and approvals requirec-1 for
this pr oj
"ect, and. no wore thi*n the Commission s jurisaictionshall commence
until all other state or local p i s, approvals, and variances have been obtained.
This is to ensure that aptjurisdictional, areas are avoided in, the case that any
such permit is, denied, or withheld for any periodof time, thereby m,ai,ntaining the
integrity f the resource area or buffer zone until such time all approvals are
granted. Note: The di rmit shall have been applied for at the timeof'a. r -
construction me i with the Conservation Department, and Conservation
Departnient sign off will not be granteduntil pre-construction co di tions aresatisfied.
52. The,applicant and/or the legal owner of that portion of land upon which these Orders
f Conditions have been placed shall provide to the NACC prior to transferring, or
assigning 1
portion of said Band to,another party, subject said Orders f'
Conditions, ""Compliance,Certification Form Aff a.-vi attached vie Appendix
X" signed under the pains and penalties, of perjury, stating that said applicant and/or
owner has read tease Orders ofConditions and is in compii nce watt each and every
condition. This, document shall apply to, each f the,conditionsreferenced hereind.
shall be provided he,Conservation Departmen at least five 5)business days prior
to the,closing f'said land transaction.
53. Once these above mentioned pre-constructon req,uir ments are complete, the
applicant a contact the Conservation Office prior o site preparation, or
construction,andshall arrange,a -site conference with a N CC representativethe
contractor erosion control monitor and the, applicant ensure that all of the
Coriditions of tbis Order are understood. Thi's Order shallbe included in all
construction, ► a ,,subcontracts, and specificatlons dealing with the work
proposed and shall supersede any conflictingcontract requirements. The applicant
w ����n�ffi.`Iwm TMl I IµI I r I - 1 f ''.,,'I.;����II����,�L ,, flee I °��r1 111 011
,.
I Saleni Street-DES" FILE 2 1778
shall assure that all contractors,subcontractors and other personnel perfor,ming the,
permitted work are fully aware of the p r. i �s terms and conditions. Thereafter, the
contractor will be held jointlyllable for any violation. is Order of Conditions
resulting rom failureto comply with its conditions. The, applicantr contiactor shall
notify the, CC writing f theidentily of the --site construction supervisor hire
to coordinate construction anct to ensure compliance with this,IOIrder., A reasonable
period of time shallbe provided as notice of the pre,-construction meeting (e.g., 72
hours).
1
STORMWATER MANAGEME DITIONS
54. There shall be no increase in,the host development discharges rom h �.stor drainage,
system or anyother changes, n,p1I d velopm conditions that alter the post
developmentwatershed boundaries as currently depicted in the Notice of Intentn
approved, y this Order of Conditions., unless spec if ically approved in writing by the
515. Water quality 'in down gradient BVW's shall differ gnit.ca ly following
completion of the project from the re-development conditions. There shall be no
sedimentation into me ads, or water bodies,from discharge pipes orsurface runoff
leaving h site.
DURING CONSTRUCTION
56. IMPORTANT: li-maiediately upon completion of'th,e addition,foundation,,and prior
to further construction.activities associated with the site, the applicantBoa complete a.
plan prepared by a,Registered Professional Land Surveyor of the Commonwealth
(R,P.L.S,.) which accurately depictsthe foundation location and.it"s proximity to
wetland resource areas as approved u d -� this Order of Conditions. Said plan shall
e submitted to the Conservation Administrator for approval,. [Failure o comply
may result in a.stop work order for the sitej
57. Upon begi�nning work, the applicant shall submit written progress reports every
oath detailing what ,r has been done in or Wane resource areas, and went work
anticipated done over the,next,period. This will update the construction
1
s,equienice and, can be a part of theweekly erosion control.reports.
5 . Should de-watering activities be anticipated,means and d o s shall be reviewed
and approved by the Conservation Department and shall be proposed Details the 100-
Foot Zone. All dewatering activities shale be supervised and witnessed by the
designated erosion control monitor. Die-watering activities shall be monitor,e daily by
i the erosion control monitorto ensure that sediment laden water is, appropriately.
� 1 ummer,r Strcet 11111 FIIc 11121"-1,,77 8 NAC'C'I1"in tin &,Special e"ondil on
6 . Sabin Street-DEP FILE 242 - 1778.
settled prior to discharge toward he wetland resource areas,. discharge ater is
allowed d�irectlyinto an area subject to r s 1 c �i he Wetlands Protection Act
and/or the North Andover Wettand, Bylaw. If other emergency de-watering
ire x.4eme is arise, the applicant ha bmi contingency, pla he,Commission
for approv al,'which provides for the umpedwater to be contained in a settling basin,
to reduce turb1 l.i y prior o discharge into a resource area.,
59. Any,dill used in col-aiection with this project hll be clean fill,containing no trash,
�ref'use, rubbish or debris,, inciucting but not Iffnited.to lumber, bricks, pla.ster,wire,
lath, paper, cardboard, i + , lass,processed glass aggregate, concrete, recycled
concrete g re a , tires, sties,refrigerators,motor vehicles r parts on any of the,
foregoing. Any fill i orted to thesite must e a mp niedi, by a certif icate oli i
or an analysis cr i �� 1 . mess- whichever is most li able as determinedl
he,Conservation Conunission or its staff.
60 All exposed soil finish grader a s shall be inu-nediately landscaped and ,stabilized,
or foamed,seeded and mulched, with a,layer ofmulch bay. All disturbed areas must
be ratted loamed and seeded prior to Noveniber 1st of each year. Outside, he
growing season,exposed s,oil,finish grade surfaces shall be stabilized with a layer of
muteh hay-Li it chmate conditions ditions allow for seeding. During construction, any, area of
exposed soils that will be leftidle for more,than.30 days shall be stabilized with a layer
of mulch hay or other means approved y the NACC.
1. Associated pavement and roadways sly ll e swept at least weekly or as directed by
heErosion C * l monitor, the Site,Supervisor,Pr Manager,
r Conservation
oj
staff for as long as the site remains exposed and, un—stabilized.. If material is tracked
beyondthe construction ntra e onto the adjacentroadway, it will be swept up daily.
62. No re-gradingin the buffer zone shall have . slope steeper than.2.1 (hori l:
vertical).
63. The construction.access or the pr*e shall.be s e � daily re e sediment
J
deposited by construction vehicles accessing, lie site a d avoid tracking on to public
right y..
64. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time
,shall be stockpiling of soli or any other materials occur on the,wetland side of the
erosion controls.
5. All waste generated by, or associated.with, the construction activity shall be contained,
within thelip i of work, and.away om any wetland resource area. There shall be no
burying spent onstr i n materials or disposal of waste on the site by any other
means., The applicant shall maintain dumps e r r other suitable means) site
for the storage and removal f such,spent construction materials off-site. However,,,
trash, m ens will be, allowed within 50 feet ofthe edge of BVW.,
66. Cement ruck shall not be washed u n any wetland resource r buffer zone at-ea. An
deposit of cementr concrete products into,a buffer zone or wetland resource area shall be
removedby hand.
6l . Accepted engineering n nstruction.standards and procedures shall followed
the completion ofthe project.
68. During and after work on this, ill � , there shall be no discharge or spillage of feel, or
h ,-pollutants into any wetland resource area.. If there 's a spill or discharge of'any
pollutant during y pease of construction th ACC shall be notifle by the
appficant within e business day. No construction vehil,cles are be stored within
100 feet of wetland resource areas, and no,vehicle refueling,equipment,la ication, or
maintenance is to be done n 100feet of a resource area.
[�[JAFTER CONSTRUCTION
69. There is an existing 'in-ground pool on site. Any all pooi, drawn down/discharge
shall, be directed, outside thebluffer zone not towardhe wetland resources or directly.
into",own catchbasins and stormwater system. This condition shall run in perpetui,ty
beyond the 'issuance of a Certificate of'Compliance.
70. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetlandresource area. This condition shall. survive s Order of'
Conditions and shall un with the title of the property. f s conditionis issued
the u hori y ofthe TowrC s Welland protection Bylaw.
71,. Fertifizers utilized for landscaping and lawn cape shall be slow release,low-nitrogen
types (< 5 , and shall not be use within 25 feet of a resource anal. Pesticides and
herbicides sal not be used within 100 feet of lawetiand resource area. This,condition
shall survive s Ordie# of Conditions, and shall run with the title of'ofthe property. This
,condition ssu .under the authority f the Town's Wetland 'r e oxi.Bylaw and.
shall remain in perpetuity.
2. No sodlUm-based productsshall,be used for control of ice or snow within 1010 feet of
he wetland...
73. There shall be no, dun-iping ofleaves, grass clippings,brush, or other debris Into a.
wedand resource areas or the 5-footIg o-Distur Zone,. 'This conditionshall remain in
perpetuity.
a�� � �` i' "� � 1 ."111' "�ancIit�a�w. �
pint:,e 9(A 1
1 Saleni, Street-DEP FILE#2 8
I
1
74. Upon completionf construction d grading, all disturbed gees,looted outside
resource areas, shall be stabilized. p ernianently against erosion. This shall e done byloarning and Seeding according to NRCS standards. Stabilization w llbe,cons'dered
complete fll ve e . i e 7er has been achieved.
7 . "The use of coal tar-based pavement sealantsprohibited on the property, a they,
have been determined to contributehigh levels Of l Cli aromatic hyarolcarbon
(PAHS) to s + r inw r runoff,. This condition shall survive the Order > 'C ndi,tiolis
and shall run.wife he title of the property.
76. Upon approved site,stabilization by Conservation stiff, the erosion controls shall be
removed nd properly disposed of and all exposed unvegetated areas shall be seeded.
77. Upon con-tpletion of the project the applicant shall submit the following to the
Conservation Commission part of a request for a Certificate f Compliance:
a. PA Form.8A- ""Request for a Certificate f Compliance."
1 . A letter from the applicant requesting a Certificate Compliance.
c. The name and address of the current landowner.
d., Signed, statementsfrom the,Individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood e recorded. Order of Conditions pri r to purchasing their property.
e. The nar e and address s f'the in , idual/trust or corporation to whom e
compilance 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 statementfrom,a Registered, Professional Civil Engineer (and/o
Registered Professional Land Surveyor he Commonwealth,certifying that the
work has been,conducted as shown on theplan(Is) and documents referenced
above, and as conditioned bytheCommission.
i. Check, payable he of N r th And r*,for Certificate tifi of Com I'a f �
fee ('inquire with Conservat ion Departmentfor current fee rate)
An
"As-BuH " plan prepared and signedand stamped by a Registered Prof 'onal
ivii. j:,,ngineer (and,/or Registered Professional Land Surveyor) of the
Commonwealth,fog, �. public r w o . This plan will
�" A -Bu " post-development a � s f all raina,g, rr a r
managementstructures constructed n 100 feet of any wetland resource
r
area.
"As-Built"' post-development elevations and grades of all filled or altered
wetland resource areas including the encornpassing buffer zone whichis
r gu a d as a resource area under the local Wetland Protection Bylaw.
1 of"1.2
'
'stances from, �A res o wetland �� rce area . S ructures i�� l d bu
are not limited o septic systems, additions,
pools, retaining walls, subsurface utilities i-0 deciks.
A line showing the limit of work andthe extent of existing erosion control
devices. "Work" includes disturbance of soils or vegetation.
7. �� in spec.ia n i ons, shall survive the 'issuance of a Certificate
Compliance (COC)for this proj,ect..
25" No-Disturbance No-Disturbance Zee and a 50" No-Construction,Zone. Future
wit
h n existing� �� resourcearea will equ' � ����� filing
wife the NACCthe Regulations for performance standards within these
z e Conservation Administrator an or other agents of theACC
do not have, e authority waive tease setbacks as establishedunder the
Vocal Bylaw;
Resource Area Markers (Condition#49);
D*schar 'llage of pollutants (Condition#68);
Management of pilpoll water discharge (Condition#69);
Pr1ohimtion of underground.feels (Condition#70)
Limitations n the use offertfliZers, herbicides, sodium used de-icing
com.pounds and pesticides (Conditions, #71 & ,72)-'
in o leaves, grass clippings, brush, or i ' er debrisInto a wetland
resource areas or the 25-foot,N - is r (Condition ' 3 .
Prohibition of th use of coal ar based products for paving (Condition#75);
i
Findings
461 Salem Street-DEP FILE#242 - 1778
APPENDIX A-AFFIDAVIT
on oath do hereby depose kind state:
(authorlized agent applicant and/orcurrei-ft owner)
(PLEASE CC K AT 1.0 EAST ONE B'L 0 CK)
I am the of
(position with applicant) (applicant name or comptan am,e)
the applicant u on whom Ordet of Conditions ...........
p
have been, laced upon'by WEP or,NACC nuntbe-i)
P
the North-Andover Conservation Commission.
&/Or
2. 1 am, the of
(position with owner) (owner naine)
the owner upon whose land Order of Conditions ...............
have been placed up by (DEP or NACC number)
the North Andover Conservation Commissi.on.
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 whlichhas been set for th
M,said,Order of Conditions.
4. 1 hereby affiin,and acknowledge that on this, day of ...... -19-
I inspected sai'd property together with any and all improvements which have
been made to the,saine and hereby certify that each and every condition set
forth in Order of Conditions are presently Hil compliance.
(DEP File,#)
&
,5. 1.hereby affirm.and acknowledge that this,document will be relied upon by the
North Andover Conservation,Commission as,will as,any otential bu, ers of
p 'Y
sa
id'd,property which is subject to said Order of Conditions
.
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
.......................................
(Silignature authorized Mg of applIcant,or owner)
,161 Suninier Street DET[Jle Q-42-1778 NIACCF111(filliv's S, spCei'll Coriditions
Paoe 12 of 12