HomeMy WebLinkAbout- Permits #242-1785 - 221 BLUE RIDGE ROAD 6/15/2020 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1785
MassDEP File#
_ WPA Form 5 ® Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1.From: Conservation Commission
been modified
with added 2.This issuance is for
space to a.® Order of Conditions b.❑Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements
William & Kimberly _._ McNamara
a.First Name b. Last Name
Important:
When filling __ .... ..... .........
out forms on c.Organization
the 221 Blue Ridge Road
computer, - - ___.
use only the d.Mailing Address
tab key to North Andover MA 01845
move your e.Cityfrown I.State g.Zip Code
cursor-do
not use the q, property Owner(if different from applicant):
return key.
a�4 a.First Name b.Last Name
�" c.Organization
d.Mailing Address
e.CityfTown I.State g.Zip Code
5. Project Location:
221 Blue Ridge Road North Andover
a.Street Address b.Cityfrown
Map 65 Lot 194
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: d m s d m s
d.Latitude e.Longitude
wpafow5.doc•rev 5/18/2020 Pane 1 of 13
4
Massachusetts Department of Environmental Protection Provided hyMaoaoEP:
Bureau of Resource [oFDteCtiOD -\86etl8Mds 242-1785
WPA Form 5 — Order of Conditions mamsDEp File n
Ll Massachusetts Wetlands Protection Act K8'G'L' �C 131' ~�4O -------��----
oDEPT,unomdionw
North Andover
o8ynowo
A. General Information (cont.)
O. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex (NE ___�______ 1783g
a�ooumy u.Certificate Number(if registered land)
o.Book d.paOe
K8 18 2020 Juno15 2020
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
�� Dates: April
& Final Approved Plans and Other DOCUrnents (attach additional plan or document references
as needed):
Site Plan of Land in North Andover, MA 2 | Rid e.Road
a.P|avTme
The Morin-Cameron Group., John Morin
Mayb.Prepared By c.Signed and Stamped by
14 2020 1"=2O'
-- —���
d.Final Revision � 3�nn � *� oe|m
I.Additional Plan o,o"rxmentTU|w 9.Dahe
B. F~KD«K^K8gs
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review nf the above-referenced Notice of Intent and based nn 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:
n. Prevention of
K� Public h� |l Land � .�
�� �~ Pollution
«. Private Water Supply e. Fisheries [ H Protection of
V0N|ifa Habitat
0. Groundwater Supply k Storm Damage Prevention i [A Flood Control
2. This Commission hereby finds the project,ms proposed, is: (check one of the following boxes)
Approved subject to:
m. Z 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.
"r"wtm5.m='fe°&18m0 Page um,3
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1785
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
.................... North Andover
6iiyaown
B. Findings (cont.)
Denied because:
b. El 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. [I 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. [A Buffer Zone Impacts: Shortest distance between limit of project 43'
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)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. F] Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering ... ...........
Vegetated Welland 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.—cjy dredged f.c/y dredged
7, ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d,square feet
Cubic Feet Flood Storage -- -----
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. n Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.I cubic feet cl.-cubic.fee I t 1- e.cubic-feet I I f.cubic feet
9. F-1 Riverfront Area ................
b.total sq.feet
Sq ft within 100 ft . .......
d.square feet fppf f,square feet
Sq ft between 100-
200 It h.square feet fp,.t j.square feet
vq)afoirn5.doc rev 511 812 02 0 Page 3 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1785
11 ----------
MassDEP File#
PA Form Order of Conditions
Massachusetts wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction Af
W 5 -
North Andover
CityCrown
ji-—Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
to. n Designated Port Indicate size under Land Under the Ocean, below
Areas
11. F] Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. F] Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd
13. n coastal Beaches a.square feet b7swa-r-e-feet �c.-nouris h I Iment d.nourishment
cu yd cu yd
14. El coastal Dunes a.square feet b.square feet c.nourishment d.nourishment
15. n coastal Banks a.linear feet b.linear feet
16. F-1 Rocky Intertidal ------
Shores a.square feet b.square feet
17. n Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. El Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
ig. [:] Land Containing --------
Shellfish a.square feet b.square feet c.square feet d.square feet
20. [-1 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. Fl Land Subject to .......
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area
b,totals q.feet
a to#al an fontSq ft vvithin 100 ft
Sq ft between 100- r ceminro foot d.square feet o Qnimro foot f,square feet
200 ft h.square feet Ji.square feet
n cminra foot i eminro foot
wpifoun5.doc-rev W812020 Page 4 of 13
'
�
4
�
�
Massachusetts Department of Environmental Protection Provided hyMaamDEP:
Bureau of Resource ProtectiOn -WetlandG 242-105
WPA Form 5 — Order of Conditions mossuep File n
Massachusetts Wetlands Protection Act K8.G.L. C. 131. §40 Transaction�--
North Andover
City/Town
B~ Findings /CODt.\
°wmz.Kthe 23. [l Restoration/Enhancementproject Is for
^�
the purpose of
restoring or -----------�� __��__-_-
VW b.square feet of salt marsh
enhancing m a.squ- --of B
wetland
resource area 24. E1 EtreamCrnoa|ng(s):
m addition tn
the square
�'o�mon�v|nus uuuwumrofmp|erements|,eamumooingo
footage that "�''""== """�" �
has
been C. GeneKal Coi�diKions Under Massachusetts Wetlands Protection Act
entered in
nvmiooB.5.c
(B«»« w The following conditions are only applicable tmApproved projects.
BA 7.c(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please e
/tm
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with 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 iaa maintenance dredging project ms 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 asa special condition )n this Order.
o. 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 pedods Of LIP to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date nf the Order. An Order nf Conditions for m Test Project may bo extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CKAR10.U5(11)(1).
U. 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.
J. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath,
paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
°v°m=a*"`rev 5/1000m Page x°r1v
4
�
Massachusetts Department of Environmental Protection Provided LYMmaoDeP
LlBureau 0f Resource Protection -Wetlands 2421785
�����A Form �� Order of Conditionsm��enmn
Massachusetts Wetlands Protection Act K8.G.Lc. 131. §4O
North A
dii-Genera-1-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 tile 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. |n 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 ofwork.
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 242-1785 "
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 PNnasDEP.
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 uf the Conservation Commission |n writing whether the change is significant enough
to require the filing of 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 nr 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.
"p"wwx*=^rev w1mzmp Page vm1w
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau Df Resource Protection -Wetlands 242-1785
����A F��r�� 6 �� ��rder of Conditions ma�u�pmm*
Massachusetts Wetlands Protection Act K8.G.L. c. 131. §4O Lll�
North
d.-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 firne 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.
% The work associated with this Order(the^P 'nut'}
(1) n |m subject to the Massachusetts 8tonnwoterStandards
(2) M in NOT subject to the Massachusetts StormwaterStandards
If the work is subject tothe Stmnmxxster Standards,then the project is subject to the
0m|0nm/ing conditions:
o) 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 SdUnnwmt8rP0Uub0n
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Ponnitas required byStonnwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BK8Po)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction storrnwater I3MPs
unless and until a Registered Professional Engineer provides n Certification that:
L all construction period BMPs have been removed orwill be removed by a date certain
specified |8 the Certification. For any construction period BK8Pu intended tnbmconverted
to post construction operation for storrnwater attenuation, recharge, and/or treatment,the
conversion is allowed by the K0annDEPStnnnwater Handbook BN4P 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;
ifi. any illicit discharges to the stormwater management system have been removed, as per
the requirements ofEtnnnwete[Standard 1O;
w"fo.^n,m='rev m`oonm Page r°/m
4
Massachusetts Department of Environmental Protection Provided hyMaosDEF:
Bureau of Resource Protection -Wetlands 242-1786
����A F��r�� 5 �� ��rder of Conditions ��u�rnmp
Massachusetts Wetlands Protection Act K8.G.Lc. 131, §40
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
h/ all post-construction stonnwaterBK4Psare 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 BIVIPs is suitably established to
withstand erosion.
m) 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 CediOoodn of Compliance,the responsible
party (defined in General Condition 1 8(e))shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement)for the
Stormwater l3MPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ('O&M Plan") and certifying the following:
L)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 BIVIPs and
implement the GionnvvmtorPoUution 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.
eA Unless and unU| another po�yaccepts respnnmibiUty.the |ondVvvnor, or owner ufany
drainage' moaennen1. assunoesrespnnn)bi|ityfornmoindeiningwanhBK0P. To overcome this
presumption,the landowner of the property Must submit to the issuing authority a legally
binding agreement of record, acceptable tothe issuing nuthohty, 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 ofthe
proposed responsible party to implement the requirements of Conditions 1 8(f)through
18(k)with respect to that BIVIP shall be a violation of the Order of Conditions or Certificate
of Compliance. |n the case 4fstoDmwotw[BK8Ps that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BK8Pm. A plan and easement deed that grants the responsible party accessto perform the
required operation and maintenance must be submitted along with the legally binding
mgneennanL
0 The responsible party shall operate and maintain all stormwater BIVIPs in accordance
with the design plans,the O&M Plan, and the requirements of the Massachusetts
S|onnvvaturHendbnnk.
~"utnx*='rev w`mmm Page oofm
4 �
�
�
Massachusetts Department of Environmental Protection Provided hyMamoDEP
Bureau of Resource Protection -Wetlands 242-1785
�����A Form �� Order of Conditionsw���pn/�p
Massachusetts Wetlands Protection Act 01.G.Lc. 131` G4O
North And or
0ty�fu*n
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, n*pm|na, maintenance and/or replacement of the
stnnnwetor management system ur any part thereof, and disposal (for disposal the
log shall indicate the type uf material and the disposal |wostioN;
2. Make the maintenance|o0 available to K8assDEP and the Conservation
Commission ("Comm|msion") upon request; and
3. Allow members and agents 0f the K8uas0EP and the Commission tV enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BK8P established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
0 Illicit discharges to the mtonnmmter management system as defined in 310 CK8R 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval nf the issuing authority.
N Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
|> Access for maintenance, repair, and/or replacement of 13MPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
mt 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(l 1),the applicant shall also implement tile
monitodng plan and the restoration plan submitted with the Notice of Intent. If the
nnnaorvmt|Vn 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 Oapurtrnerd.
w=mrm5.moc'rev m`000m Page vuw
�
�
�
4
Massachusetts Department of Environmental Protection Provided»yMasaDEP
BU[8aU of Resource Protection -WetlaOds 242-1785
�����A Form �� Order of Conditions
Massachusetts K8assaChVs8tt8Wetlands Protection Act K4.G.Lc. 131. §4O �el)eP Transactmnm�—
-
NorthAndovor
C|tyrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |so municipal wetlands bylaw or ordinance applicable? 0 Yes [l No
2 The d hereby finds(check one that appUes):
Conservation Commission
m. El that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance nr bylaw, specifically:
1.Municipal Ordinance vrBylaw u.ounovn
Therefore,work onthis project may not goforward 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 isissued.
u. N that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
d Andover Wetlands Protection Bylaw& Ro | tinns Ch. 100 et.
1.Municipal Ordinance or Bylaw
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows(if you need
more space for additional conditions, attach a text UnoumeoU:
°*°mrm5.m='rev mmmm Page mm13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1785
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP TransactionV
--- North Andover
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special June 1.5, 2020
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form.This Order must be signed by a majority of the Conservation Commission. _ZNui-n6er of S Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
"Signed by Amy R. Maxner, Conservation Administrator, as authorized by the North
Andover Conse ation commission - 31e N.E.R.D. Book: 16327 P�qg_!L.22__
Amy R. Maxner, Conservation
signature's
Administrator
Signature Printed Name
Louis.Napoli
Signature Printed Name
Albert Manzi, Jr.
.Signature Printed Name
Si nature Printed Name
John Mabon
Signature Printed Name
Deborah Feltovic
Signature Printed Name
Sean McDonough
Signature Printed Name
El by hand delivery on by certified mail, return receipt
requested, on
June 15, 2020
Date Date
vipafoini5.doc•rev 5/1 EV2020 Page 11 of 13
�
4
Massachusetts Department of Environmental Protection Provided byMassDEP:
LIBureau of Resource Protection -Wetlands 2421785
WPA Form 5 ~~ Order of Conditions mnssoEpVoe#
Massachusetts wetlands Protection Act yN.G.Lc. 151, §40 -eDEP Transaction-#
North Andover
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 u
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 Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date Of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail ur hand delivery tnthe Conservation Commission and in the applicant, |fhe/mheis
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 (rN.G.Lc. 131' §4O), and im 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 nm appellate jurisdiction,
wpmonnxm=^rev mommm Page,zmn
�
4 , �
�
�
Massachusetts Department of Environmental Protection Provided hyMeaeOBP:
Bureau of Resource PFOhecbOO -WetlBnds 242-1785
WPA Form 5 — Order of Conditions MassoEp File*
Massachusetts Wetlands Protection Act K8.G.Lc. 131, §4O
7L11
North Andover
�|4mown
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 bn submitted to the Conservation Commission listed below.
North Andover
Cons r ti Commission
Detach oA doffed 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 nf Conditions for the Project at:
221 Blue Rid Road 242-1785
Has been recorded mt the Registry of Deeds of:
Northern Essex
uumy Book Page
c
for: -'
Propeity Owner
and has been noted iO the chain of title of the affected property in:
Cnrt#: 17930 ---------------
monk pmO»
|n accordance with the Order nf Conditions issued on:
June 15 2020
omo
If recorded |mnd,the instrument number identifying this transaction is
____��___________��__________��___________��__________�
Instrument
|f registered land,the document number identifying this transaction is:
Document Number
Y.mwtn,*='*":woamo Page mwm
DEP FILE# 242- 1785
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 the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS :Z11
20. The proposed work includes: replacement of a failing timber retaining wall and stairs
with a new concrete block wall and granite steps that frame-in the Southwest corner of
the yard. Proposed patio, vegetable garden, fire pit, landscaping and lawn within the-
confines of the new retaining wall, new perimeter fencing, additional perimeter native
landscaping and removal of existing brick patio to be replaced with landscaping bed.
Work is within the 100-Foot Buffer Zone, but Outside the 25' NDZ, which is a natural
undisturbed wooded area. The existing timber wall is partially located within the 50'
NBZ, for which a waiver was requested to work within the same footprint, wall to be
slightly farther away front wetland. The Commission voted to grant the waiver.
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: William & Kimberly McNamara
Representative: The Morin-Cameron Group
Site Plans &Documents:
"Site Plan of Land in North Andover, Massachusetts 221 Blue Ridge Road",
prepared by The Morin-Cameron Group,, signed and stamped by John
Morin,scalel."=10',final revision dated May 14, 2020.
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.
f of 1
DEP FILE#242 ® 1785
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act(310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photograph-,,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within 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 this
days (30) prior to the expiration date of the Order (Refer to Sectioti 8.3) of[lie North
Aiidover Wetlaiid 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. [LIMITED PROJECT:] Any future project which proposes a wetland crossing in order
to access certain portions of the property will not be qualified as a limited project
roadway under 310 CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: 100-Foot
Buffer Zone to Bordering Vegetated Wetland. 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.
I I fl1w 16k, f'd Colitht m
DEP FILE#242- 1785
33. The NACC agrees with the applicant's delineation of the wetland resource areas
located on site as observed by Conservation Department staff.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty-five foot(25') No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established
from the edge of the adjacent wetland resource 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 Sectioll 3.4 &Appelldix F of
the local Regulariotis).
35. 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.
36. 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.
37. 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.
PRICJR TO CONSTRUCTION
38. 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. If the NACC
'�2 I I flu" 16d ' Pt IAY P d 7 t", VV I fdhm,';
„r I
DEP FILE 9 242 - 1785
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 all amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
39. 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.
40. 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 ill the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
44. A check payable to the Town of North Andover shall be provided in the amount of
one thousand dollars ($1,000) which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be accompanied a copy of the recorded Order of Conditions
and a W9 Form filled out by the party posting said money. 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 NACCs review and approval. This condition is
issued under the authority of the local Bylaw.
42. 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 242-1785."
43. 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 barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
P dp"'
Pl '4 1
DEP FILE #242 - 1785
44. A row of staked 12" minimum compost Filtrexx SiltSox (or equivalent) shall be
properly installed between all construction areas and wetlands as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC
or its agent prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All 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 from site erosion, or any noticeable
degradation of surf-ace water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown oil 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.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 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.
46. 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 1
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
the event that this person leas to be contacted, due to an emergency at the site, during
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 proper disposal of waste products. Cleaning shall include removal of any
entrapped silt.
48. At least once during each week in which construction 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
DEP FILE#242 - 1785
addition, all wetland resource areas must be visually inspected for siltation, turbidity,
and/or other water quality impacts. The Erosion Control Monitor shall be on site
during and/or following a major storm event of 1/2" inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
49. Prior to construction, the applicant shall permanently mark the No Disturb Zone with
wetland markers to be placed roughly 25-foot intervals on existing mature
trees/vegetation bearing the following text: "Protected Wetland Resource Area".
This will designate the wetland resource sensitivity and assure no further inadvertent
encroachment into the wetland. Prior to installation in the field, the placement of
these permanent markers shall be subject to review and approval by the Conservation
Administrator. 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. Said markers are available for purchase in the Conservation Department
at Town Hall.
50. Prior to any work commencing 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 conimence
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 the 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: If required, the Building Permit 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. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
53. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the"Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains, and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
Pm 6 )1 12
DEP FILE# 242- t785
54. 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 contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
WATER MANAGEMENT CONDITIONS
55. 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.
56. Water quality in down gradient BVW'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.
DURING CONSTRUCTION
57. 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.
58. Should de-watering activities be anticipated, 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
DEP FILE#242 - 1785
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 Commission for approval, which provides for the pumped water to be
contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
59. 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, fires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill.imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
60. No construction equipment fuel storage shall take place on site during construction.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loaned and seeded prior to November I-s' of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay 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,
62. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
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.
63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical).
64. 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.
65. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time
shall be stockpiling of soil or any other materials occur on the wetland side of the
erosion controls.
66. 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
ik f'/K N V'C t
DEP FILE# 242- 1785
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 100 feet of the edge of the wetland.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. 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.
L[A:1":Jf1:'E�R�CO CONSTRUCTION
IRI U�C_T I MON
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. No road salt,
sodium chloride or other de-icing chemicals shall be used on paved surfaces within
100 feet of a wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
72. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loarning and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
73. 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.
DEP FILE#242 - 1785
74. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and property disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that tile
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 & storniwater
management structures constructed within 1,00 feet of any wetland resource
area.
"As-Builf' post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a disturbance of soils or vegetation.
)o Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' 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
21 f fl u,,R i,h,, I
at a 10,f
DEP FILE 242- 1785
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);
Discharge or spillage of pollutants (Condition #68);
Prohibition of underground fuels (Condition #69);
Prohibition of the use of coal tar based products for paving (Condition #73);
Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Condition #70);
No dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone (Condition #71).
Nu" 04 11 N111 211% XX"; t indim i it 4 omhn''n'
DEP FILE#242- 1755
APPENDIX A AFFIDAVIT
I, on oath(to lieret�y depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
7. I auy 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 nunibe)
the North Andover Conservation Commission.
&/or
2. 1 am the._ of _
(position with owner) (owner name)
the owner upon whose lend Order of Conditions—,
have been placed tip by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affinn and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. 1 hereby affirm and acknowledge that on this._ day of _19
I inspected said property together with ally and all improvements which have
been made to the same and hereby Y certi.f that each and every condition set
forth in Order of Conditions__. are presently in compliance.
(DEP File#)
5. 1 hereby affirin and acknowledge that this document,will be.relied upon by the
North Andover Conservation Coninlission as well as any potential buyers of
said property which is subject to said.Order of Conditions
(DEP File 44)
Signed under the pains and penalties of perjury this day of__...... 19 -
(Signature-authorized agent of applicant or owner)
I
f211 Rh R)d¢ ,P,e mi 0 ,C i1
I"� t1l �ilsY
I
i
1�