HomeMy WebLinkAbout- Permits #242-1803 - 59 BANNAN DRIVE 1/20/2021 4
Massachusetts Departmen�t,of Environmental Protection Provided by MassDEP.-
24 -
Bureau of Resource Protection -Wetlands 2 1803
WPA Form 5 - Order of Conditions MassIDEP File#
M
................I assaichus,etts Wetlands Protection Act M.Gi.,L. c. 131 §40 eD,EP Trans,ac"t io' n�#
North Andover
...........................Cilyffown
Gener a l Information
Please noW: North Andover
this form has 1. From: ..............................
been modified' Conservation Commission
with added 2.This, issuance i's for
space to a.[D Order of Conditions b. Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To.- Applicant:
Requirements
Thomas,&Sandra Blac,kshaw
-.................................................... ....... .......................
,a.First Name b.Last Name
lmportaunt:
When filiing
out forms,on c,Organization
she 519 Bannan Drive
Computer,
use only the d.Mailing Address
t'ab key,to, North Andover MA 01845
move your e.Cityffown f.State, 9.Zip Code,
cursor�-do
riot use the 4. Property Owner(if differient from applicant).-
return key.
a.First Name b.Last Name
......................... ................
c.Organization
d.,Mailing Address
........... .......................................
e.City/Town f.State g.Zip Code,
5. Proilect Locatiow
59 Bannan North Andover
a.Street Address b.Cif turn
Map 38 ............... Lot 11,3
c.,Assessors Map/Plat Number d.ParceI/Lot Number
Latitude and Longitude, if k,nown�- d m S�11111-11- d M
dI.Latitude e.Longitude,
wpaformS.doic rev 511812020 Page 1 of 13
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Massach,uset:ts Depart of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1803
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c., 1311 §40 eDEP Transaction#
North Andover
Cityffown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if moire than
one, parcel):
Northern Essex
a.,County b,,Certificate NU if registered land)
39410 108
c.,Book d.Page
November 2,4, 2020 J�anuary 13, 2021 January 20, 20,21
.7 oftntent 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):
Site Plan of Land 12'x2O'Add iti,on, lo atin 59 Bannan, Drive"
a-Plan Title
Frank S. Giles 11 Land Cops��._............... Frank S,. Giles 11
........................
b.Prepared By c.Signed and Stamped by
11-20-20
d i e,.Scale. Final Revison Date
.
...........f.Addiflonal Plan or Document Title g,.Date
B. Findings
1. Findings pursuant,to the Massachusetts Wetlands Protection Act-
Following the review of the abolve-re fern ced N�otice of Intent and based on the information
p id r ovi ,led in this application and presented a p t the public hearing, this Commission,finds that i ,
the areas, in which,work lis,proposed is,significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply-,
ainin c. Prevention of
a.. Z Pu upp g
blic Water Sly b., Land Cont Shellfish Pollution
d. E Private,Water Supply e!. Fisheries f. Z Protection of
Wildlife Habitat
gi. E Groundwater Supply h. Storm Damage Prevention i. Flood Control
bo )
2. This Commission hereby�finds the project,as proposed, is: (check one of the foil owing xes
Approved subject to*
a. Ej the following conditions which are necessary in accordance with the performance
i I
standards set forth in the wetland's regulations,. This Commission orders that all work shall
bg e performed in accordance with the Notice of Intent referenced above, the followin
,
General Conditions, and any other special conditions attached to this Order. To the Xtent
that the following conditions modify or differ from the pllan,s, specifications, or other
proposals submil'tted with the Notice of Intent, 'these conditions shall control.
vepaifortr5,doc rev 6/18/2020 Page f 13
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setts
MaProvided by MassDEP:
ssachu Department
of Envi ron menta l Protection 242-18,03
Bureau of Resource Protection - WetlandsA Form 5 Order of Conditions,
Massachu setts'Wetlands ProtectionAct M.G.L. c. 131, §40, eDE.P Transaction#
North Andover
City/Town
B. Findings (cont)
Deniled because:
b. E] the proposed work cannot be!conditioned to meet the performance standards set forth
in the,wet,land 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 theAct, 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. F11 the,Information suibmitted by the applicant is not suff 1clent,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 mea,s,ures,which are
adequate to protect the Act's, interests, and a,final Order of Conditions is, issued. A
description of the spiecific information which is lacking and why it is necessary is
attached to,this Order as per 310 CMR 110.,05(6)(c),.
3. Buffer Zone Impacts: Shortest distance between limit of'pr Ject 61711
0 ..........
disturbance and the wetland resource area specified in 3101 CIVIR 10.02(l)(a) a.linear feet,
Inland Resource Area.Impac,ts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Pm eritted Proposed Permitted
Alteration Alteration Replacement Replacement
4. Bank ...........
a.linear feet b.,linear feet c.11nearlineiar ft.
5. El Bordering ..I.......
a,.square feet b.square feet c,square feet d.square feet
Vegetated Wetland
Land Under
Waterbodies,and a.square feet b.s q ua re'fe e t c,,square,feet d.square feet
Waterways
e.c/y dredged f.cly dredged
7. Bordering Land 111-1111..............
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. Isolated Land
Subject to Flooding a,square feet b.squa arefeet.
Cuble Feet Flood Storage .......... .......... ....
cubic feet d.cubic feet e,cubic feet f.cubic feet
117 117
Riverfront Area
a.,total sq.,feet bi.,total sq.feet
0 0 0 0
Sq ft within 100 ft .................- ...............
c.square feet d.square feet e.square,feet f.,square feet
Sq ft between ,100- 11,17 117' .........
...................--"
200,ft g.square feet h.square feet M.square feet J,square feet
wpatorm5.doc-rev 5/18/2020, Page 3 of 13
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Massa6husetts Department of EnviTonmental Protection Provided by MassiDEP:
Bureau of Resource Protection - Wetlands 242-1803
MassDEP File#
WPA Form ° of' Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
Fi ndings (cont.)
Coastal Resource Area Impacts: Check allthat apply below. (For Approvals Only)
Proposed Permitted Proposed Perm itted
Alteration Alteration Replacement Replacement
io. Designated Port Indicate size, under Land Under the Ocean, below
Areas
11 Land' Undier the ............
Ocean a.siquare feet bi.square feet
,c.,cly dredged cl.cly dredged
12- [J Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
13. D Coastal Beaches a,.square fee I t b,.squa-re feet c n-ourishment d. nou ris hment
�C cu yd
—Uy-dy-"- —'--.....................—
1 Coastal Dunes a.square feet b.square feet c.nourishment d. nourishment
15. E] Coastal Banks
a,linear feet b. linear-feet
16. E] Rocky Intertidal ...........
Shores a,,square feet b.square feet
17. El, 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.Uy diredlged d.dy dredged
19. Land Containing ..........
Sihellfish a.square feet b.square feet c.square feet d.square feet
20. Fish Runs, Indicate size under Coastal Banks, Inland Bank,1 Land Under
th ceant and/or inland Land Under Wa ter bodles and
Waterways, above
dredged b.,cly dredged
21. 0 Land Subject to .........
Coastal Storm a.square feet b.square feet
Flowage
22. E] Riverfront Area
a,total sq.feet, b.,total sq.feet
Sq ft within 100,ft ....... ............
c.square feet d.square feet e.square feet, f.square feet
200 ft g.square feet h.square feet i.,square feet Ji.siquia,re feet
wpaiform5,doc«rev 15118 Page 4 of 13,
Massachusetts Department of Environmental Protection Provided by MassDEP,
Bureau of Resource Protecti etlands 242-1803
MassDEP File#
WPA Form 5 — Order of Conditions
..............................eD, P Ton#
Massachusetts Wetlands Protection Act M.G.L. c. 1311 §40 E ransacti
North Andover
city/Town
B, Findings (cont.),
#23.If the i ro for 23, E] Restoration/Enhancement
pject s,
the purpose of
restoring,or
enhancing a a.square,feet of BVW' b.square feet of salt marsh
wetland 24. El Stream Crossing(s)".
resource area
in addition to
the square
footage that a.number of new stream cros,s,ings b.numb r of replacement stream,crossings
has been C., General Condition's Under Massachusetts Wetlands Protection Act
entered in
Section,13.5.c,
(BVW)or The following conditions are only applicable to Approved projects.
B.1 Tc(Salt
Marsh),above
sheer 1. Fallureto comlywith,allconditions,stated herein, andwith,all related statu h
tes andoter
additional regulatory measures,,, shiall 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 r gulat,ions.
4. The work authorized hereunder sball be completed within three years from the date of this,
Order unless either of the following ap ply,-
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 thanthree years,
but less than five,years, from the dlate of'i ssuance. If this Order is intended to be valid
for more than three years, the extension,date and the special circumstances warranting
the extended'timle period are set forth as, a special condition in this Order.
c. If the,work is for Test,Project',this Order of Conditions shall be valid for no more than
one year.
51. 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
CI VIR 'I 0.05(l 1)(0.
6. If this Order constitutes an Amended Order of Conditions this Amended Order of
Conditions dies not extend the issuance date of'the original Fina,l 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 tr,ash,,
'4
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath,
paper, cardboard, pipe, fires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform 5.doc-rev 5118/2020 Page 6 of 3
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Massachusetts, Department of En,vironmental Protectmion Provided by MassDEP:
242-18�03
Bureau of �Resourcle Protection -Wit l�ands MasslDEP File#
A Form 5 ,--, Order of Conditions
Massachusetts,Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction,#
North Andover
...........
City/Town
C. General Conditions Under Massachusetts Wetiands, Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elaps,ed,,
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 i's 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 thie 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 sha,11 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, "IVIassDEP"]
"File Number 242-1803
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 here in, he applicant shall submit a IRequest 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'
Environ mental Protection shall have the right to enter and inspect the area subject tothis
Order at reasonable, hoursto evaluate compliance with the conditions stated in this Orderf
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.
Page 6 of 13
�Vaform5.do c rev 5/1812020
4,
o
ovided by
Massachusetts Department of E nviironmental P'roteGtion Pr Mass,DEP:
Bureau of Resource Protection - Wetlands
MassDEP File#
WPA Form 5 00=01 Order of Conditions,
Massachusetts Wetlands Proteiction Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
Cityfrow!n
C. General C lti r der Massachusetts Wetlands Pmtection Act (cont)
17, Prior to the start of work,, and if the project involves work adjacent to a Bordering Vegetated
Weitlanid, the boulnda,ry of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place,,, the wetland bou ndary 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 ir until,all disturbed areas have
been fully stabilized with vegetation or other means, At no time shall sediment is
deposited be
deposited in a wetland or water body. During construction,, the,applicant or leis/her designee
shall inspect the eros,ion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shallimmediately control any erosion problems,that occur at the
site and shall also immediately,notify the Conservation Commission., which reserves the,
right to,require additional erain,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.
1
I oj )9., The work associated with this Order("the "Pr ect"
(11) is subject to the Massachusetts Stormwater Standards
(2) is NOT'subject,to,the Massachusetts,Stormwater Standards,
If the work is subject to the Sit ormwater Standards,then the project is subject,to the
following clonditionsi.:
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:
L all construction pen rid BMPs have been removed or will be removed by a date certain
spe d ified in the Certification. For any construction period BM Ps 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"
J1. as-built final construction iB,MP plans are included, signied and stamped by a Registered
Professional Engineer,, certifying the site is fully stabilized,
Ill. any illicit discharges to the stormw,ater management system have been removed, as per
the, requ�uirements of'Stormwater Standard 10;
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Massachusefts Department ofEnvilronmen tal Pro,tection Provided may MassDEP:
2 ' -
.................
Bureau, of Resource Protection, -'Wetlands -11 M 11 assDEP Fit e'#7-
WPA Form 5 - Order of Conditions
.Ma .......................ssachusetts Wetla,nds Protection Act M.G.L., c. 131, §40 eDEP Transaction#
North Andover
City/Town
G. General Condiffilons Under Massachusetts Wetlands Protection Act (cont.,),
iv. all post-construction stormwater BMPs are installed in accordance with the plans
,(including all ptanting plans) approved by the issuing authority, and have been ins tad
ensure,that they are notdamaged and that they are in proper wolrk,ing condition;
v. any vegetation associated with post-construction BMPs is,suitably established to,
withstand erosion.
c) The landowner is responsibile for BM 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, Mainteriance Compliance Statement("O&M Statement),for the
Stormwater BM Ps, 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
res nsi 1 BMbility to operate and maintain the storm management Ps and
po
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
Storm water Report andl if applicable, the,Stormwater Pollution Prevention Plan requ,i,red by
the National Pollution Discharge Elimination System Multi-Sectior General Permit.
e) Unless and until another party accepts responsibility, the landowner, or,owner of any
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 mainta,ining the BMP, and that the proposed'
responsible party shall be treated as a permittee for,purposes of implementing the,
requirements of Conditions 1'8(f)through 18(k)with respect to that BMPI. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(1 with respect to that BMP" shall be a violatilon of the Order of Conditions or Certificate
of Compliance., In the case of stormwater BMPs that are serving more than orie 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 mainta'in all stormwater BM Ps in accordance
wi'th the design plans, the O&M Plan, and the requirements of the, Massachusetts
Stormwater Handbook.
vipaform5.doc rev 5/18/2020 Page,8 of'I 3,
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Massachusetts Department of Environmental Protection Provided by MassIDER
242-180
Bureau of Resource Protection - Wetlands .. .........................MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlai ds Protection, Act M.G.L., c. 131, eDE,P Transaction#:
North Andover
Cftyffown
C. Genera] Condiffilms Under Massachusetts Weflan�ds Protection Act (cont)
g) The responsible party shall:
1 Maintain an operation and maintenance log for the last three (31) consecutive
calendar years of inspections,, repairs, mainternancle and/or replacement of'the
stormwatermanag�ement system or any part thereofl and disposal (for disposal the
log shall indicate the,type,of material and the disposal location),
2. Make the maintenance log available to,MassIDEP and the Conservation
Commission ("Commission") upon request;, and
31. Allow members and agents of the MassIDEP 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 ifl the O&M Plan approved by the
issuing authority,.,
h�) All sediment or other contaminants removed from stormwater B,MP,s shall be disposed
of in,accordance with all applicable federal, state, and local,laws and regulations.
inn Illicit discharges to the stormwater management systemi as,defined in 3,10 CAR 10.04
are prohibited.
j) The stormwatier management system approved in the Order of Conditions shall not be
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
Design Credit has defined iin the MassDEP Stormwater Handbook, Volume 3, Ch apt 1
Low Impact Development Site Design Credits)shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repaW, and/or replacement,of BIVIPs,shall not be withheld.
Any fencing constructed around stormwater BMPs,shall include access gates and shall be
at least six inches above g�rade tio all ow for wildlife passage.
Special Conditions if you need more,space for,additional conditions, please attach a text
document):
20. For Test Projects,subject to 3110 CAR 10.05(11)1 the applicant shall also implement the
I
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, saf:e ty or the environment, the applicant shall implement the removal plan
I
su In
bmitted with the Notice of tent or modify the project as directed' by the conservation
commission, or the Department.
wpaform5.doc-rev 5118120120 'Page 9 of 13
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Massachusetts, Department ofEnvironmen'tal Protection Provided by Mass�DEP.
242-1803
Bureau of Resource Protection -Wetlands
M sDEP,File#
WPA Form 5 - d nditions,
Massachusetts Wetlands Protection Act M.G.L. c. 1,31 1 §40 eDEPTransaction#
North And ►er
City/Town
D., Findings Under Municipal Wetlands, Bylaw o dinance
1. Is,a municipal wetlands bylaw or ordinance applicable.? Z Yes El N o
2. The North Andover hereby finds(check one that applies)*
Conservation Commission
a. that the proposed work cannot be conditioned to meet the standard's set forth in, a
muni cipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation,
Therefore,work on this project may not go,forward unless,an 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, M 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.
I 'The Commission orders,that all wor .'h... ll be performed in accordance,withi the following
co�ndit,ions,and with the Notice of Intent refere�nced ablove�. 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 spec,ial conditions relating to municipal ordinance or bylaw,are as follows (if you need
more space for additional conditions, attach text document):
North Andover Conservation Commission Find.ings & Special Conditigns, (See Attachieq�i__
wpafarmS.doc rev,5/18/20210 Page 10,of 13
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Massachusetts Department of Environmental Protec,tion Provided by MassDEP:,
Bureau of Resource Protection - Wetlands 242-1 3
Mas,sDEP File#
WPA Form 5 - Order of Cond"Itions,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
E. Signatures
This Order i's vaIld for three years, unless otherwise specified as a special -20-21
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. ,,,'see below ............
This Order must be signed'by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt req uested)or hand delivered to the applicant.A
eopy also must be,tin ailed or hand delivered at the sametime to,the appropriate Department of
Environmental Protection Regional Office,if not filing electronically,and the property owner,if different
from applicant.
Sind by Amy R. Maxner, Conservation Administrator, as authorized bythe, North
A nd r Conser va ion Commission - See N.E.R.D. Book: 16,327 ovev
Amy R. Maxner, Conservation
Signature Administrator
........... ...........
Signature Printed Name
Louis.............Napoli,
Signature Printed Name
Albert"Manzi, Jr.
Signature Printed Name
_�osqph Lynch
Printed Name
Signature
John Mabon
Signature Printed Name
Tony Cad plalchietti
Signature Printed Name
Signature Printed Name
Fj
by hand de,liv ry on Z by certified mail, retur�n receipt
requested, on,
January 2,01, 2021
Date Date
wpatormS.dot rev 5/1812020 Page,11 of 13
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-------------- Massachusetts Department of Environmental Protection P,rovid'ed by MassDER
242-1803
Bureau of Resource Protection -Wetlands MassDEP File#
WPA Form 5 — Order of Conditions,
Massachusetts Wetlands Protection Act M.G.L., c. 131 1 §4,0 eDEP Transaction#
North Andover
,Cityfroiwn
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 ortown 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 reques m ma
t ust be de by certified mail or hand del"iv ery
to the Department, with the appropriate filling fee and a completed Request for Departmental
Action,Fee Transmittal Form, as provided in 310 CI 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, ProtectionAct(KG.L. c. 131, §40), and is inconsistent with the,
wetlands, regulations (310 CMR 1 10.00). Tothe 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.
wpa far mi5.doc reV 5/1118/2.020 Page 12 of 13
4
Massachusetts Department of En vironmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands
MassDEP File#
'WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protecfi[on Act M.G.,L. c. 131 �§40 eDEP,Transaction#
North Andover,
Cityfrown,
G. Recording Information
Prior to commencement of work, this Order of Conditions, must be recorded in the Registry of
Deeds or thie Land Court for the district in which, the Iland 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 thie 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.
--------------- ---------------------1-1-------------------1_1---------------------------------------
Tio:
North Andover
......................._-
Conservation,Commission
Please be advised that the Order of Conditions,for the,Project at:
59 Ba,nnan, Drive—,_-,....................................... ...................................... 242-18,03
......................................—Project Location bass Erg File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
...........
County Book Page
Thomas&Sandra Blackshaw
for, Property Owner
and has been not in the chain of title,of the affected property in:
3940 1 G81
Book Page
In accordance with the Order of Conditions issued on-
Januar 20,12021
Date
If recorded land,,the instrument�number identifying this transaction is*
..............
Instrument Number
If registered land,the document number identify,ing this'transaction Is,.,
................... .............
Document Number
Signature of Applicant
wpaform5,doc rev 5118/2020 Page 13 of 13
59 Bannan Drive- DEP FILE 4 242
Fai,n4j,ngs of Fact
Current Project Site Conditions: The .57-acre project site currently consists of an existing
single-family house constructed in 1975, associated', septic system, driveway, pool, deck,
lawn, landscaping and utilities.
The project site has been subject to previous wetla,nd permitting with the North Andover
Conservation Commission (NACC), which includes the following:
MassDEP File #242,-11,609, OOC -governed addition, deck, crud septic tank
repositioning and replacing, leach field pipes, CofC issued in October of 2016
The NACC agrees,with the delineation of the following wetian,ld resource areas as reflected
on the approved plan. The applicant has not attempted to overcome the presumption
of'significance of these resourceareas to the 'Identified it in the Act and
Bylaw'.
a. Off-site Bordering Vegetated Wetland —Wetland Flags AI-A7
bi. 1 00-Foot Buffer Zone to BVW
c. 200-Foot Riverfront Area to unnamed off-site perennial stream
d. The property does not lip within NH ESP Priority Habitat,
e. The property does not lie within the I 100-year f loodplain
f. The on-site resource areas do not contain certified' or potential vernal pools,
based on NHESP mapping.
Therefore, 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 mod or differ from the plans.
specif I ications or other proposals submitted with the Notice oflntent,the e conditions shall-,
control.
al
=GENIERAL CONDITIONS,
will
21.'The proposed work includes,., construction of a 12" x 20 two-story addition (garage
under and living space above) with a frost wall', foundation, extension. of the driveway to
accommodate access into the, new garage bay. Work is in the 1 010-foot buffer zone to
BVW, driveway extension is within outer reaches,of the 2001-Foot Riverfront Area and
all work is, outside the 50-Foot No, Build Zone.
22.The work shall conform to the fol�lo win g (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by.: Thomas & Sandra Blacks haw
Df,"I.)�File#242-1803, NACC F'It"I'd In cis
Specia,Ciondltl11)11s'
Page,11 1,2
59 annan "i a-DIT FILE#2 - 3
59 Bannan Drive
North Andover, MA 0 1 5
Wetland Consultant: Robert Prokop
Wetland Consulting Services,
15 Bisson Leas
Merrimac, MA 01,860
,Site lard.-
"Site Plan r rr 2'x ' Addition, location 5�9 nn Drive" prepared
y Frank S. Giles 11 Land Consulting,sulting, signed and stamped by FrankS.
Giles 11, scale 151=20, final re i l n dated November,20, 2020.
,3.The tern " Pli rrt" as used in this Order of Conditions .shall refer to the owner, any
successor in interest orsuccessor in control of the property referenced in the Notice of
Intent, supporting uments and this Is Order ofConditions. The CC shall be
notified in writing within 310 days of all transfers of title of any portion ofpropjerty that
tales place, prior to the issuance of a Certificate of Compliance.
.` he conditions of this decision ,shall apply to, and be bindingupon, the, applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all Feeds to succeeding owners
portions, of the property.
5.Failure to comply with all conditions stated herein,, and with. all related statutes and
other ire u�lat ry measures, squall be deemed cause to revoke r moldify this Order.
26 This Order does not grant any property rights or any exclusive privileges; it does not
authorize t any i ur* t private ,property or invasion of property rights. However, the
CC, agent of the N CC or the Department of Environmental Protection (DEP)
reserves the right to,eater and inspect the property at all reasonable times until a
Certificate, of Compliance is issued, to evaluate c r pliance with this Order of
Conditions, the: Act (310 CM R 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measuraments, photographs,,
observations,, and/or materials,, r may require the su mittal of'any data or information
deemed necessary by the 1 ACC for that evaluation. Further, work shall be halted on
the, site, if the NACCI 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.
27.This Order does not t relieve the permittee or any other,person of the necessity of
mpl irug with all other ap li a la federal, state or local statutes, ordinances, by-laws,
or,regulations.
28.'The work authorized hereunder shall be completed within, three ors from the date of
this order.
29.T Is Order may be extended by the issuing authority for one but not more than, two
periods of up to oneyear each upon application to the issuing authority at last the
days (30,),,,, ► the r it ti date the Order (Refer, Section 8.3 the North
Andovet-WetlandRegulations).
30.The NAC,C reserves the, fright to amend this Order of Conditions after a legally
advertised public h r�li if plans or circumstances are changed or if new con iti ns or
in-formation so,warrant.
1. here the Department of Environmental Protection ` is requested to make a
determination and to issue a Superseding Order, the, Conservation Commission shall
be a party to all agency proceedings and bearings before the Department.
32,.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. Inorder t
revert any alteration f wetland resource, areas tent five foot 2,5' No
Disturbance,done and a fife f ► t 5 ` No-Construction Vona shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
am other agents of the NACC do not have the authority to waivethese setbacks as
establi'shed under the local bylaw. No disturbancef existing grade, soils or
vegetation is permitted in the No-Disturbance, zone. (See Sects 3.4 &Appendix F of
the local Regulations).
33. pis document shall be 'Included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede ny conflicting
contract requirements., The applicant ,shall assure that all contractors,, subcontractors,
,and other personnel, performing the permitting work are fully aware of the per nits
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.
34.The owners of the proilect and th6r,successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
stern and that said Town shall not be liable for any damage in the event of failure.
y acceptanice of this Order, the owners agree to, 'Mclernnify 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 r 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.
.
35 Issuance f these Con ns does not it any way imply r,certify that the sillte or
downstream areas will not be subject, to flooding, storm damage or any other form of
water damage.,
1100
PRIOR TO CONSTRUCTION
36.No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such a appeal has been filed, until all proceedings before the
Department or Court rt have been completed.
59 nan Dr CEP FILE#2,42 3
3T.T is Order shall he recorded, iin its er�ti by the p�lica t t the, Registry of Deeds
immediately after the expiration of all, appeal periods. No workshall be undertaken
erg1
until the Final Order has been recorded in the Registry of'Deeds or the Land Court for
the district ire which the laud is located, within the chain of title ofthe affected property.
In the case of recorded lard, the Final Order shall also he noted ire, the Registry's
Grantor Index under the name ofthe owner of the land upon which the proposed work
is to, be done. In the case of registered lead, the Final Order shall a,lso he noted on the
Lard Court Certificate of Title of the owner f't , land upon which the proposed rl
is to be done. The recording information shall be submitted to the North An lver
Conservation Commission the fora at the end of this Order prior to commencement
f the work,. Any Order not recorded by the applicant before worl commences, may he,
recorded by the NACC at,theapplicant's expense.,
38.A check payable to the Town f North Andover shall he provided in the am unt of one
thousand dollars $1 which shall he in all respects satisfactory to Town Counsel,,
nsel,,
Town Treasurer, and the NACC, and shall be posted with the North Andover+ r Town
Treasurer through the NACC before commencement of work.. Said deposit of money
shall be conditioned on the completion of all conditions hereof, shall he signed by
party or parties satisfactory to, the NACC, and Town Counsel,, and shill be released
after completion of the project, provided that r il,si ns, satisfactory to the NACC,
have been made for performance of any conditions which are of continuing nature.
The applicant, may propose a monetary repass scheduile keyed to completion of
specific poftions of the project for the NACC's review and approval.al. This condition is
issued under the authority of the l cali Bylaw.
39.A s,i n,, visible from the street, shall he displayed at the site not less than two square
feet or more than three square feet in .size bearing the words "Massachusetts, D,EP',
Mil a -1801"'
. chary es t the roared inn serail a 'im lamented i the field un ill writteun
al s e rung the NACU,. Any changes in the submitted d plans
caused by the applicant, another Board's decision or resulting from this Order of
Conditions rust he submitted to the NACC for approval! prior to implementation. If the
NACC,finds said changes t'o he significant, the N GIC will call for another public
hearing at the expense f'the applicant). Within 21 days of the close ofsaid pMuhli
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 he considered ;as
charges.
.It is the responsibility ofthe applicant, owner, and/or success r s ,to ensure that all
cl onditions of this Order f C nditi ns are complied with. The project engineer and
,contractors,rs, are to be provided with a copy of this Order of Conditions and refer nce
currents 'before c mmencement of construction.
42.Wetland flagging on site shall be checked prior to start of construction and shall be re-
established u establshed where missing'. All wetland flagging shall remain vise
� .�'bla and umerated.
per the approved plan(s) throughout u t the life of the project and until a Certificate of
9 Bannan Drive,-D�EP FILE # 242- 1,803
Compliance is issued so that erosion control measures,ros, can be properly placed and
wetland impacts can be monitored.,itoro . Such barriers shall be checked and replaced as
necessary and sfi ll be maintained until all construction is complete.
3.At a minimum, a row of staked 12" mulch sock F'iltroxx Silt; oxx or equivalent), shall
be properly installed etween all construction areas and wetlands as, sl o on the
pleas approved and referenced herein and shall be, inspected and approved by the
NACC or its sagest prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All addifional
erosion prevention tion and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reseives, the right to impose additional onditions on portions of this, pro,o t to
mitigate any impacts which could result from site erosion, or any noticeable.
degradation of surface water quality discharging from the site. For example,
Installation of erosion control messages may be, required in areas not shown on the
plan referenced in this order of Conditions,. Should such installation be required by
the NAGC, they shall be installed with"n 48 hours of the Commission's request,
44.The applicant/contractor shall have on land'' at the start of any soil disturbance,
removal or,stockpiling,, ddI ti nall 25 feet of mulch sock and sufficient stapes for
staking in 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.
5.The erosion controls shall servo as the limit of w rll . Workers, should be informed, that
no use of machinery, storage of machinery or materials, stockpiling of'soil, or
t
construction activity is,to occur beyond this lino at any time.
6.The applicant shall designate a Wetland Scientist or other environmental professional
as approved by the NACC or its agent), as an " ro lion Control "Monitor'" to oversee any
emergency placement of controls, and rei ular inspection or replacement of
sedimentation control devices. Proof of'the retained monitor must be submitted to the
Conservation Department on letterhead bythe regained consulting firm. The name,
and phone number of the erosion control monitor must be provided to the NACC in the
event that this person has to, be contacted, duo to an emergency at the site, during any
24-hour period, including weekends. iris persw shall be g'i'vent'i wo, authority t
stop; construction for the purposes of correcting problems with erosion control.,
l
The Environmental r ess*lon aai will immedi"atelly notifythe Conservation agent
f any matter that requires attention by the C rrr i, sio � or the nent. The
erosion control monitor will be required to inspect all such devices and oversee
cleaning and the proper,disposal of alto products. Cleaning shall include removal of
any entrapped silt.
47., t 'least once wring each week in which construction activities occurs ors-,site and for
as long thereafter as ground remains unsta ilizod, the applicant shall submit a written
report with photographs from the "'Erosion Control Monitor"to the NACC certifying that,
to the host of his/her knowledge and belief based on a c arofu.l site inspection all wort
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
r
u° [:2
sedirnentati n er si n control measures and ss �e responsibility for their
maintenance on a weekly basil's and that they are functioning as intended,. In addition,
all,wetland resource areas must be,visuIally iInspected for siltation, tumidity, and/or
other water quality impacts. The Erasion Control Monitor shall be on, site duri and/or
following a rn "I r storm event of 1 " inch of rain or greater r 2 hour event) to ensure
that soils remain stable, and erosion controls are adequate and secure.
8.Prior to construction, the Conservation Department ,shall ensure the existing wetland
markers are in place on mature trees at the, edge of stonewall. property line. Said
markers shall incorporate the following text on their upland side: "Protected Wetland
Resource r ". This will designate their sensitivity and assure no further inadvertent
encroachment 'into the wetland. Said markers are available for purchase in the
Conservation Department at Town ball. The applicant shall instruct all agents t
explain these markers to buyers/lessees/landsciapers and, all persons taping over the
property from the applicant. 'These markers shall remain posted and be replaced as,
necessary in prpetulty.
.Pri Prior any work commencingon-site, the applicant shall submit to the 1 CC r its
dministrat r far review Fund comment, detailed' w r schedu1 s� ��u c of
construction.
50.Prior to any work comm,,enc,ing on site, it is the responsibility of'the appilicant to procure
all other applicable federal, state and local' permits, and approvals required for this
project, and no work w1ithIn the C lis,sli n's 'uris 'licltll n shall ence until
all thu r fat r local nrm*ts approvals, an rri ncie have been bt Tined.
This is to ensure that impact to jurisdictional areas are avoided in the case that and
such permit is denied or withheld for any period of time, thereby mairitain;ing the
integrity° of'the resource area or buffer zonel until such time all approvals are granted.
t �� The uildi�,ng Permit shall have been apply d for at the time of a pre-construction
meeting with the Conservation Department, and Conservation Department sign off will
not be granted auntil pre-construction conditions are satisfied.
5 .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 pril r to transferring, or
assigning any portion, + f'said land to another er party, subject to said Orders of
Conditions, the "'Compliance Certification Form Affidavit"it" attached via "Appendix "
signed under the pains and penalties of perjury, stating that said a,pplicant and/or
owner has read these Orders of Conditions and is, in compliance with each and ever
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 s iiid land transaction.
52.Once these above mentioned pre-c nstru eti n requirements ents are complete,, the
applicant shall contact the Conservation Office prior to site preparation or construction
1
and shall arrange an -site conference with an NAC�C re resentative the o wntra�tor
erosion control monitor and the applicant to ensure that all of the Conditions of this
r
Order,are understood'. This Order shall b included in all o nstr Lion contracts,
subcontracts, and spleeificatioIns dealing with the work proposed and shall supersede
P 6,of'I
any conflicting con tractrequirements. The applicant shall ass,ur,e that all contactors,
subcontractors and other personnel rformin the rmitte work are fully aware of
thepermit'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 NACCin writing of the identity
f the on site construction n supervisor hired to coordinate construction ction and to, ensure
compliance with this Order. A, reasonable period of time shall be provided as notice f
the pre-construction meeting e.g. 72 hours).
7
STORMWATERMANAGEMENT CONDITIONS
53.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 current,ly depicted in the Notice of Intent
and approved by this Order of Conditions, unless specifically approved in writing by.
the Commission.
54.Water quality in down gradient BVW s shall not differ significantly following completion
f 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
5 1.IMPORTANT: Immediately upon completion of installing the garage f und uti n, and
prior to further construction activities associated with the site, the applicant shall
complete plan prepared by a Registered Professional Land Surveyor f the
Commonwealth .I .L.S which accurately depicts the foundation location and it''
proximity to,wetland resource,areas as approved under this Order f Conditions. Said
plan shall be submitted to the Conservation Administrator for approval. I lu!re to
comply may result in a strip work order for the site.]
5 .Upon beginning work,, the applicant shall submit written progress reports every month
detail lin what work, has been done in or near resource areas,, and what work is
anticiplatied to be done over the nest period. This will updatethe construction, sequence
and can be a part of the weekly erosion control reports.
57.Should de-watering ,activities be anticipated or pave necessary, means and methods
,shall be reviewed and approved by the Conservation artment and shall b
proposed outside the 100-Foolt Buffer Zone. All dewetering activities shall b
supervised vised and witnessed by-the designated erosion control monitor. '-watering
activities shall be monitored aiily 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 t
Jurisdiction of the Wetlands Protection Act and/'or the North Andover Wetland Bylaw. If
other emergency de-watering requirements arise, the applicant shall submit e
contingency plan to, the Commission for approval, which provides for the pumped
Page 7 of W
I
S9 Bannan Ddive- DES" DICE#242 18,03
water to be contained, in, a settling basin, to reduce turbidity prior to discharge into a
resource area.
.Any fill used, iin connection with this r je t shall be clean fill, containing no trash,
refuse, rubbli ha or,debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper', cardboard., pipe, glass, processed glass aggregate,, concrete, recycled concrete
aggregate, tire, ashes, refrigerators, motor vehicles or parts on any of the foregoing.-
Any fill 'Imported t the site must be acc aanied by a certificate OLOngire or an
anal pis certifyln cleanliness —whichever is most applicable as etermin � by the
Conservation Commission or its staff.
5 .All explosed soil finish grade surfaces shall be immediately landscaped and stabilized',
r loam loamed, seeded and mulched', with a layer of mulch hay. All disturbed arias mount
be graded, loamed and seeded priorto November, 1 f each, year. Outside ofthe
growing season, exposed soil finish grade surfaces shall be st ab'iliz with a layer of
mulch hay until climate conditions sallow for seeding. luring construction,n, any area of
exposed soils that will be left idle for more than 30 days shall be stabilizedwith as layer
of'mulch hay or other means approved by the RACC
60.Associated pavement and roadways, shall be swept at least weekly or as directed by
the Erosion Control monitor,l the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains, exposed and un-stabilized. if material istracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
6 .The construction access for the project,shall be swept daily to remove sediment
depos,ited by construction v hicl :s accessing the site n avoid tracking to public
right of way.
62.The construct,ion access and all materials stockpliling area is proposed outside the
00-Folot Buffer Zone. At no time shall be stockpiling of;soil or any other, materials,
occur on the wetland side ofthe erosion, controls.
63 ill waste generated by, or as,soc*1ated with, the c nstr ti n activity shall be contained
within the limit of'work, and, away from any wiletland rsure area. There shall be n
burying of spent construction materials or disposal of waste on 'the site, by any other
means., 'Thle applicant shall miaintaairu dumpst rs r other suitable m an at the site
for the storage and removal of such spent construction materials off-site. aver, n
trash durnstrs will be allowed within 50 feet of the edge of BVW.
.Cement trucks shall not be washed out in any wetla d resource r buffer zone area.
Any deposit of cement or concrete products into a bluff+ r zone or wetland resource
area shall be removed by hand.
6 .Accepted eng*lneering and construction standards and procedures shall be followed ire
the clom leti n ofthe project,
66During and, rafter,work n this project,, there shall be no discharge or spillage f fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
59 ° i � d 4" '� u " '. A�_":° ,,:ur n rir .°uw ;ir 111 _°�[ fflor�
59 Bann an Dri'v DAP FILE# 242 1803
pollutant during any phase of construction the NACC, shall be notified y the applicant
within one business day. No construction vehicles are to be stored within 100 feet
fwetland resource ur asp and no vehiciler fuelin u�i ment lubrication, or
maintenance is to be done within 100 feet f a resource, area.
AFTER CONSTRUCTION
67.No underground storage of fuel oils shall be allowed our any lot within e l u nidr d
(100)feet of any wetland resource area. This condition shall survive guile Order f
Conditions, and shall run with the title of the property. This condition is issued under
the u.ut' rity f'the T n's Wetland protection Bylaw.,
68.Fertilizers utilized for landscaping and lawn care shall be s,low release, low—nitrogen
types < 5 , and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used with''n 100,feet,of a wetland resource area. This c ruditi u
shall survive this Order of Conditions and shall run with the title of the property. ` hi's
condition is issued under the authority of thus " 's 'wetland Protection, 'Bylaw and
shall remain ire perpetuity.
69,No sodium-based r du is shall be used for control of ice or snow within I 00,feet of
the wetland.
.Tsars shall be no dumping f leaves, grass clippings,' rush, or other debris into,
wetland resource areas or the 2 -featNo-Disturb Zone., This condition shall remain in
perpetuity.
71.Upon mr l ti n of construction and grading, all disturbed areas located outside
resource areas shall, be stabilized permanently against erosion. This shall be done by
lo,arning and seedinig according to NRCS standards. Stabilization will be considered
complete Dace full vegetative cover has been achieved.
2.The use of'coal tar-based pavement sealants nts is prohibited on the property, s they
have been determined to ntri uute 'high levels of p,olycyc,lic aromatic hydrocarbons
(PIA,Hs) to, st rmwat, r runoff. This condition shall survive the Order of Conditions and.
all run with the title of the property.
F 73.Upon approved site stabilization by, Conservation staff, the erosion c,ontr lls shall he
removed and'! properly disposed f and all exposed a nveig ut�d r as �l illbe
seeded.
74.Upon completion of the project the licant shall submit the following to, the
Conservation Commission as part of a request,for a Certificate of Compliance:
a* W'PA Form 8A—""Request for a Certificate of C mplianc .,0
h. A letter from the applicant requesting a Certificate f Compliance,.,
c. The name and address of'the current landowner.
. 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 purchastngtheir property.,
. The name, and address, of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street aiddress and, assessor's reap/parcel number for the r 01
'e t.
g. The DEP file number.,
. A written statement from a Registered Professional Civil Engineer(and/or
Reglistered Professional land Surveyor) o the Commonwealth, certifying that the
work has been conducted as shown on the, plan(s) and documents, referenced
above, and as conditioned. by the Commission.
i. Check,, y le to the Town of NorthAndover, for Certificate f Compliance filing
fee (inquire with Conservation Department for current fee rate).
. An "As-Built" plan prepared and signed and stamped by a registered Professional
Civil Engineer (and/or r registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & st rmw ater
management structures constructed within 100 feet of any wetla,nd resource,
area.
"As uflt" post development elevations and grades of all filled or alteired
wetland resource areas including the encompassing ssin buffer zone which is
regulated as a resource, area under er the local Wetland Protection Bylaw.,.
Distances s from structures to wetland resiourcle ;areas. Structures include
(but are not limited t , septic systems, addition, fences, weds stone walls,
pools, retain,in;ig walls, subsurface .utilities and decks.
line showing the limit of work and the extent of existing erosion c ntr l
devices. "Work"„ includes an disturbance f soils or vegetation.
87.The following special conditional shall s ur ive the issuance f a Certificate of
Compliance COC for thisproject:
25' No-Disturbance Zone and a 5 ' No-Construction Zone. Future work
within 1 ' of existing wetland �resource areas will require a separate filing
with the NACC ofthe Regulationsfir performance standards within these
zones) The Conservation dministr t r and/or other agents of the ABC do
not have the authority to waive these setbacks, s established under the
local Bylaw (Condition #32)-1
Resource ►r a M rl rs, (Condition ;
Discharge or spillage of pollutants (Condition 66 ;
Prohibition f underground fuels (Condition #67)1*
Limitations on the use of fertilizers, herbicides, sodium lased e-icing
compounds and pesticides (Conditions #68 & 9);
No dumping f b a ss, grass clippings, brush,, or other debris into ,a wetland
resource areas or the 25-f t No-Disturb Zone (Condition # 1
Prohibition f the use of coal tar based products for paving (Condition 2 ;
1, ��
APPENDIX A -AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant an r current nt owner')
(PLEASECHECK AT LEAST ONE BLOCK)
I am the of
position with applicant) (applicant name or companyname)
the applicant upon whom Order of Conditions
have been placed upon N CC number,
the Noilh Andover Conservation Commission.
W r
2. l am the of
(position ritl owner) owner name
the owner upon whose land Order of C n+dlitions,
have been placed u r NACC number)
the North Andover Coin ser-r tion Commission.
1 hereby ffirm and acknowledge that I have received said;Order of Condition's
and have read the same and understand each
(DEP File and every condition which has been set forth
in said Order of Conditions.
1 hereby affirm and acknowledge that on this, day of
I inspected i property together with any and i11 improvements, i t hags
been made to the seas and hereby certify that each andevery condition set
forth in Order of Conditions are presently in compliance.
File
5. 1 hereby affirm and acknowledge that this documentwill be relied upon by the
North Andover Conservation Commission s well as any potential buyers of
said property ui is subject t ►said Order of Conditions
File
Signed under the pains and penalties of perjury this day of �.
(Signature-authorized agent of applicant or owner)