HomeMy WebLinkAbout- Permits #242-1762 - 95 LYONS WAY 2/25/2020 4
Massachusetts Department of Environmental Protection Provided by MasSOEP:
Bureau of Resource Protection -Wetlands 242-1762
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eQFp Transaction#
North Andover
Cityrrown
A. General Information
Please note: North Andover
this form has 1.From: Conservation Commission
been modified
with added 2,This issuance is for a.®Order of Conditions b. Amended Order of Conditions
space to
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements O'Neill
Richard W. -- b.Last Name
a.First Name
Important:
When tilling �—
out forms on c.Organization
the 95 Lyons Wa��
computer, d.Mailing Address
use only the MA 01845
tab key to North Andover —. Zip Code
move your e.City/Town f.State g p
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
ra a.First Name b.Last Name
c.Organization
resin _
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
95 L ors Wa North Andover
a.Street Address b.City/Town
1068 157 -
c.Assessors Map/Plat Number d.Parcel/Lot Number
42d38m28.18s -71 d03m49.36s
Latitude and Longitude, if known: d.Latitude e.Longitude
Page 1 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1762
WPA Form 5 -- Order of Conditions MassDEPFIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
Cityfrown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex _
a.County b.Certificate Number(if registered land)
6118 29
c.Book d.Page
7. Dates: dam.23, 2019 February 5, 2020 February 25, 2020
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Drainage limproyement Plan -#95 Lyons Way
a.Plan Title
Land Engineering & Environmental Dou las E. Lees
Services, Inc. c,signed and Stamped by
October 30, 2019 1"=20'
d.Final Revision Date a—scale
Stormwater Pond Replacement Plan _ October 30, 2019
€ f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
® Prevention of
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. Pollution
f. ® Protection of
d. ® Private Water Supply e. ® Fisheries Wildlife Habitat
g. ® Groundwater Supply b. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations.This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order.To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
Page 2 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
ILIBureau of Resource Protection -Wetlands 242-1762
WPA Form 5 - Order of Conditions Mass[)EPFile#T
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEpTransaction#
North Andover
City/Town
B. Findings (cant.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore,work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 75'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
E Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. ❑ Bank —. eet ..
a. linear feet b.linear f c.linear feet d.linear feet
5. ❑ Bordering _
i Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under _ _ —
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways _
e.cly dredged f.cly dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet a square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
s. ❑ Riverfront Area — b.totals feet
a fnQ en fPPE q'
Sq ft within 100 ft
r enriarP fawf d.square feet f.square feet
Sq ft between 100- _
200 n enr ara fPPE h.square feet i cnrtarP fPPE 1.square feet
Page 3 of 12
wpaform5,doc• rev.4311612015
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LIBureau of Resource Protection -Wetlands 242-1762
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -eDEP Transaction#
North Andover
GityrFown
B. Findings (cant.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.cly dredged d.cly dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches andlor Coastal Dunes
below
13. ElCoastal Beaches -- cu yd cu yd
a,square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes — cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a.linear feet b.(inearfeet
16. ❑ Rocky Intertidal
Shores a.square feet b,square feet
17. ❑ Salt Marshes a.square feet b.square feet c,square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cly dredged d.cly dredged
1g. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.cly dredged b.cly dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area
a +nraf cn rpA+ b.total sq.feet
Sq ft within 100 ft _
" en„aro foP+� d.square feet a anaiara faPt f.square feet
j Sq ft between 100-
200 ft
n cnoEarP r�o+ h.square feet j.square feet
1
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Massachusetts Department of Environmental Protection provided by MassDEP:
242-1762
Bureau of Resource Protection -Wetlands i 4.2-1 6 File# —
WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epep Transaction#
N—LI North Andover
Cityfrown
B. Findings (cont.)
*#23. If the 23 ❑ Restoration/Enhancement :
project is for
the purpose of
restoring or a.Square feet of BVw b.square feet of salt marsh
enhancing a
wetland
resource area 244. ❑ Stream Crossing(s):
in addition to _ —� b. number of replacement scream crossings ~
k the square --
footage that a. number of new stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section 6.5.c projects.
(B�)or The following conditions are only applicable to Approved
B.17.c(Salt
Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional property rights or an exclusive privileges; it does not
amount here. 2. The Order does not grant any prop y 9 Y
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
this Order of Conditions shall be valid for no more than
c. if the work is for a Test Project,
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant,subject to the provisions of 310
CMR 10.05(11)(f).
6. if this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,
refuse, rubbish, or debris, including but olimited
re, lath,
to
rr vehicles, or pber, bricks, a
rts eof alny of the
paper, cardboard, pipe,tires, a
foregoing.
Page 5 of 12
wpaform5.doe• rev.611612015
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1762
WPA Form 5 — Order of Conditions MassDEPFileILI
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Towfa
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. in the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order,which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"[or, "MassDEP"]
"File Number 242-1762 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition##13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1762
WPA Form 5 - Order of Conditions MassDEP He#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40L111 eDEP Transaction#
North Andover
CitylTown
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means.At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission,which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
i 19_ The work associated with this Order(the"Project")
(1) ® is subject to the Massachusetts Stormwater Standards
(2) ❑ is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii, as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer,certifying the site is fully stabilized;
W. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpaforms.doc• rev.5/1 6120 1 5 Page 7 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1762
WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eOEOTransactionv
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans)approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan")and certifying the following:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
} responsibility to operate and maintain the stormwater management BMPs and
i implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable,the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
I drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption,the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
Page 8 of 52
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1762
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40Ll eDi n Transaction#
North Andover
66—iTown _._.
C. General Conditions under Massachusetts Wetlands Protection Act(cant.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3)consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approver[ by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
3 changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
l Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits)shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
WpaForm5.doc• rev.811fiI2�15 Page 9 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1762
WPA Form 5 — Order of Conditions lassCIEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEp Transaction I,
North Andover
Ci-pl own
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of
intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw_ &Regulations Chapt. 190
1.Municipal ordinance or Bylaw et. seg.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows(if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings &Special Conditions see attached
3
C
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1762
Ma ssb6E P_File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 WD-Ep-rr,,-n—s a c-1 1 o—n#
North Andover
c,ityrFo;wn
E. Signatures 7
Important:When This Order is valid for three years,unless otherwise specified as a Special
filling:out forms condition pursuant to General Conditions#4,from the date of issuance. 1,Date of Issuance
on the computer, dicat�e the number of members who will sign this form,
use only the tab Please in 2.Number of Signers
key to move Your This Order must be signed by a majority of the Conservation Commission,
cursor-do not
use the return The Order must be mailed by certified mail(return receipt requested)or hand delivered to
key. the applicant A copy must be mailed, hand delivered or filed electronically at the same time
with the appropriate MassDEP egional Office.
Signatures:
JX by certified mail,return receipt
El by hand delivery on requested,on -7t\
Date
Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting
the land subject to this Order,or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate MassDEP Regional
Office to issue a Superseding Order of Conditions.The request must be made by certified
mail or hand delivery to the Department,with the appropriate filing fee and a completed
Request for Departmental Action Pee
Transmittal Form, as provided in 3�10 CMR 10,03(7)within ten business days from the date of issuance of this Order.A copy of the request shall
at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation commission prior to the close of the public hearing, requesting a
Superseding Order, or providing,written information to the Department prior to issuance of
a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified
in the Massachusetts Wetlands Protection Act(M,G.L. c. 131, .§40), and is inconsistent
with the wetlands regulations(310 CMR 10,00).To the extent that the Order is based on a
municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
Page of
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1762
MassDEP File#
WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP7ransaction#
North Andover_ _
Cityffown�~
G. Recording Information
Prior to commencement of work,this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located,within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. in the
case of registered land,this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover _
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission. - -
To:
North Andover —�
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
95 Lyons Wes! 242-1762 —.
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex — —�— -
Book Page
County
Richard O'Neill
for: property owner
and has been noted in the chain of title of the affected property in:
6118 29 --
Book Page
in accordance with the Order of Conditions issued on:
February 25, 2020
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant
Page 12 of 12
wpaform5.doc• rev-6/1612615
95 Lyous Way-DEP FILE 9 242 - 1762
Therefore,the North Andover Conservation Commission(hereafter the"NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local Bylaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent/approved plans referenced below. To the
extent that the following conditions modify or differ from tl�e laps s ecifications or other
proposals submitted with the Notice of Intent the conditions shall control.
• 95 Lyons Way Permit History:
o OOC,DEP File #242-933 - governed subdivision roadway and construction of 7
lots (95 Lyons Way was Lot#5) -CofC Issued
o OOC, DEP Pile #242-1133 -modify an open surface detention basin to an
underground infiltration system-CofC Issued(maintenance of system
required in perpetuity)
o OOC,DEP File #242-1661 -addition, deck, driveway extension, roof
infiltration,associated grading and utilities -CofC Issued
i
GENERAL CONDITIONS
1'.
I
20.The proposed work includes: grading and tree removal within 100-Foot Buffer Zone of
a Bordering Vegetated Wetland (BVW) to replace an existing, open above-ground
detention basin with a new subsurface infiltration chamber which is located outside of
the 100-Foot Buffer Zone. The proposed basin is a 63-chamber 360HD Cultec
Recllaxger Storznwater System,with associated piping, new drain manhole to be
connected to the existing discharge drainpipe. Stormwater will outlet to the drainage
pipe system and existing terminal outlet in stonewall at edge of wetland. There is an
ephemeral pool (vernal pool) located within the BVW just beyond the northern corner
of the property. The limit of work is outside the Ephemeral Pool 75-Foot No Build
Zone.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by:
• Applicant: Richard O'Neill
95 Lyons Way
North Andover,MA 01845
Owner: Same as Applicant
Site Plans &Documents:
Notice of latent with associated attaclunents, dated July 2019
"Drainage Improvement Plan-95 Lyons Way"
91 Lyons 1Yay DEP Pile.P2�12-1762 NACC f intlinss&Spcci{l Cunclitions
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95 Lyons Way -DEP FILE #242 - 1762
Prepared by Land Engineering&Environmental Services,Inc.
Scale 1"=20'
Revision dated October 30, 2019
Signed and Stamped by Douglas E. Lees
• Stormwater Pond Replacement Plan(stormwater report)
Prepared by Land Engineering&Environmental Services,Inc.
Revised dated October 30,2019
Signed and Stamped by Douglas E. Lees
• Letter prepared by Land Engineering&Environmental Services, Inc.,
Signed &Stamped by Douglas E. Lees
RE: Lyons Way Stormwater Pond Replacement Plan
Dated October 30,2019
• Letter prepared by Town of North Andover DPW,signed by John
Borgesi
RE: 95 Lyons Street Revised Stormwater Pond Replacement Plan
Dated November 20,2019
• Email from Douglas Lees, dated January 30,2019-- (re: Homeowner
agreeing to take responsibility for long term O&M)
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable tinges until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
95 1..1'ons Wirly DET Pile 42.12-1762 NACC Firldinrs C-Special Cnntlilic)a;
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in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least tltirty
days 30prior to the expiration date of the Order (Refer to Section 8.3) of Elie North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. The following wetland resource areas are affected by the proposed work: 100-Foot
Buffer Zone associated with a Bordering Vegetated Wetland (BVW) that contains an
off-site ephemeral pool(vernal pool). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of these resource areas to
the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource areas of
Bordering Vegetated Wetland (BVW) in the project vicinity as shown on the plans
dated referenced herein.
33.The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a 50-Foot No-Disturbance Zone and a
75-Foot No-Build Zone shall be established from the edge of the adjacent wetland
resource area. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade,soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
95 Lpmis WaIN UFP File 1;242-1762 NACC Fhidinras�Special C'ondifious
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34. This document shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
is
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
38. This Order shall be recorded,in its entirety,by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located,within the chain of title of the affected
property. In the case of recorded land,the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land,the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Coinnission 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,shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words"Massachusetts DEP,
File Number 242-1762."
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40. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. of the NACC
finds said changes to be significant,the NACC will call for another public hearing(at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
41. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before comrnencement of construction.
42. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. Such flags shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
43. A row of staked 12" :minimum compost Piltrexx SiltSox and entrenched silt fence
zn all construction areas and wetlands as shown on
shall be properly installed Uetwee
the plans approved and referenced herein and shall be inspected and approved by the
NACC or its agent prior to the start of construction and shall remain in good working
condition until all disturbed areas have been permanently stabilized to prevent
erosion. An additional line of erosion controls (not shown on the plan) shall be
installed along the entire easterly edge of the driveway to fully cordon the area of
work. All additional erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result fron site erosion, or any
noticeable degradation of surface water quality discharging from tI e site. For
example,installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
hand at the start of any soil disturbance,removal or
44. The applicant shall have on
stockpiling,50 feet of silt sock and sufficient stakes for staking covered from the
elements, and shall be used only for the control of emergency erosion problems and
shall not be used for the normal control of erosion.
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45.The erosion controls shall serve as the limit of work. Workers should be informed that
no use of machinery,storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time
46. A check payable to the Town of North Andover shall be provided in the amount of
two thousand dollars ($2,000) which shall be in all respects satisfactory to Town
Counsel,Town Treasurer,and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before con-unencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof,shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC,have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
47. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
ntacted, due to an emergency at the site, during
the event that this person has to be co
any 24-hour period,including weekends. This person shall be given the authority to
stop construction for the purposes of correcting problems with erosion control.The
Environmental Professional will immediately notify the Conservation agent of any
matter that requires attention by the Commission or the agent. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
ning shall include removal of any entrapped
proper disposal of waste products. Clea
silt.
48. At least once during each week in which constructions activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photographs from.the "Erosion Control Monitor" to the NACC certifying
that,to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to, The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a x-najor storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
93 Lyons Wav DF11 Fihi l242-1762 NACC Findings&Slucial Condilions
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49. Prior to construction, the NACC or its agents shall 'inspect the existing wetland
markers on site and determine whether additional markers need to be installed. Signs
or markers placed on weather resistant monuments/inature trees shall be spaced
evenly incorporating the following text: "Protected Wetland Resource Area". This
will designate their sensitivity and assure no further inadvertent encroachment into
the wetland. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity.
50.Prior to any work conunencing on-site,the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
51. Prior to any work commencing on site,it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required for
this project,and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in tine case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note:The Building Permit(if required) shall have been applied for at the
time of a pre-construction meeting with the Conservation Department,and
Conservation Department sign off will not be granted until pre-construction
conditions are satisfied.
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
-ice Certification Form Affidavit attached via Appendix
Conditions, the"Complia
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
conditiozn. This document shall apply to each of the conditions referenced herein and
ne Conservation Department at least five (5) business days prior
shall be provided to ti
to the closing of said land transaction.
53. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all cozntractors,subcontractors and other personnel performing the
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permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
55. Water quality in down gradient SVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
56. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures,in accordance with the approved
Post Construction Operation and Maintenance Plan (O&M) attached herein and the
associated store-nwater management conditions mandated herein. Evidence of said
cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation
Department for its file.
57.The applicants, owners,and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures,subsurface infiltration chambers, and other
elements of the drainage system, in order to avoid blockages and siltation which
might cause failure of the system and/or detrimental impacts to on-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site.
58. All stormwater best management practices shall be maintained as specified in the
attached Pollution Prevention and Operation and Maintenance Plan(O&M) submitted
with the Notice of Intent and incorporated in the Order of Conditions. Evidence of
maintenance of the stormwater management system shall be provided to the NACC
on an annual basis by a registered Professional Engineer (PE)for a period of three (3)
years from the date said structures go"on-line" and continue until a Certificate of
Compliance (CofC) is issued. Upon issuance of a CofC,the applicant or their
successor must continue to submit yearly monitoring reports stamped by a PE to the
95 1.}'on WaN DE::P File.f1242-1762 I\ACU Findings&Special Conditions
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Conservation Department for five years. The drainage system must continue to be
inspected annually indefinitely.
DURING CONSTRUCTION
59. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
60. Should de-watering activities be anticipated, zp,ior to implementation in the field,
means and methods shall be reviewed and approved by the Conservation Department
and shall be proposed outside the 100-Foot Buffer Zone. All dewatering activities
shall be supervised and witnessed by the designated erosion control monitor. De-
watering activities shall be monitored daily by the erosion control monitor to ensure
that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If other emergency de-watering requirements arise,the applicant shall submit
a contingency plan to the Commnission for approval,which provides for the pumped
f water to be contained in a settling basin, to reduce turbidity prior to discharge into a
i
g
resource area.
61. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber, bricks,plaster,wire,
lath,paper, cardboard, pipe, glass,processed glass aggregate, concrete, recycled
concrete aggregate,tires,ashes,refrigerators,motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of on in
or an analysis certifying cleanliness-whichever is most applicable as determined b
the Conservation Commission or its staff.
62. All exposed soil finish grade surfaces shall be iznznediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 1sf of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay,biodegradable erosion control blanket or other approved methods until
climate conditions allow for seeding. During construction, any area of exposed soils
that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay
or other means approved by the NACC.
63. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor,the Site Supervisor,Project Mazlager,or Conservation
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staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway,it will be swept up daily.
64. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical),unless otherwise approved under this Order.
65. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
66. At no time shall stockpiling of soil or any other materials occur on the wetland side of
the erosion controls.
67. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitaUle means} at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 75 feet of the edge of BVW.
I
6$. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
1'.
69.There shall be no storage of fuel in the 100' buffer zone OR on-site.
70. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1)business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
LFTER CONSTRUCTION
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. The applicants, owners,and their successors and assignees, shall maintain all culverts,
collections basins,traps, outlet structures,subsurface infiltration chambers, and other
elements of the drainage system,in order to avoid blockages and siltation which
m and/or detrimental impacts to on-site or off-site
might cause failure of the syste
95 i.vons Wa% DFP FileP242-k762 NACC:Hildiai-Ls&Special cbndilitllls
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95 Lyons Way -DEP FILE#242- 1762
resource areas,and shall maintain the integrity of vegetative cover on the site. This
condition shall survive this Order of Conditions and shall run with the title of the
property.
73. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection Bylaw.
74. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 50 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area.This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection Bylaw and
shall remain in perpetuity.
75. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.This condition shall remain in perpetuity.
76. There shall be no dumping of leaves,grass clippings,brush, or other debris into a
wetland resource areas or the 50-foot No-Disturb Zone. This condition shall remain in
perpetuity.
77. The use of coal tar-based 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 title of the property.
78. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
79. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owner(s) shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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h. A written statement from.a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Conunonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area.
➢ "As-Built" post--development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds,stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes ariv disturbance of soils or vegetation.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
j ➢ 50' No-Disturbance Zone and 75' No-Construction Zone. Future work within 100'
of existing wetland resource areas will require a separate filing with the NACC of
the Regulations for performance standards within these zones) The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw;
➢ Resource Area Markers (Condition#49);
➢ Long-term.Operation&Maintenance of the Storznwater System(Condition#58);
➢ Discharge or spillage of pollutants (Condition#70);
➢ Landowner responsibility for stormwater structure maintenance (Condition#72);
➢ Prohibition of underground fuels (Condition#73);
➢ Limitations on the use of fertilizers,herbicides,pesticides, road salts, de-icing
compounds (Conditions #74 &75);
➢ Prohibition of the use of coal tar based products for paving (Condition#77);
➢ No dumping of leaves,grass clippings, brush,or other debris into a wetland
resource areas or the 50-foot No-Disturb Zone (Condition#76).
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APPENDIX A-AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the -of--.
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC nunibet)
the North Andover Conservation Commission.
&/or
2, 1 am the of
(position with owner) (owner naive)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP bile#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this__.day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
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' Signed Linder the pains and penalties of perjury this day of 19
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95 LNous WV w DFI'Fite 0242-1762 NACC Findim-,s �SpQcm]Conditions
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Standard 9
Operation and MaIntenauee Plan
New Cultech Recharger System only
Owner/Person Responsible for Operation and Maintenance:
Richard O'Neill
95 Lyons Way
North Andover,MA
1. The subsurface detention systems shall be inspected for standing water. If
standing water is observed for an extended period(more than 72 hours),verify that the
catch basin sumps,forebay and outlet.control structure,are functioning properly and
contract a Professional Engineer to determine the.cause.of-the standing water and
recommend a course of action.
2. Drainage pipe outlets shall be inspected twice a year for scour and sediment. If
scour has occurred the rip-rap shall be replaced.Any sediment should be removed and
disposed of properly.
3. No structures of any kind shall be constructed over the subsurface infiltration
system,this shall include trees or plantings with substantial root systems other than grass
and other small landscape plantings.
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