HomeMy WebLinkAbout- Permits #NACC #271 - 1550 SALEM STREET 3/29/2021 4
Provided by MassDER
Massachusetts Department of Environmental Protection
Byl #271
Bureau of Resource Protection - Wetlands aw NACC
MassDEP File#
A Form 5 :- Order of Conditions
................Massachusetts Wetlands Protection Act M.G.L c. 131 §40 nsaction#
North Andover
CityfTown
A. General I nformation
P'lease,note: North Andover
this form has i. From-. ......."—'-`-,,�,�...........
been modifted Conservation Commission
with added 2. Thisissuance is for
spaceto a.0 Order of Conditions, bi. Amended Order of Conditions
accommodate (check one):
the Registry
of'Deeds 3. To,.- Applicant:
Requirements
Sean &,Jessic,a Carter
..........................................................................................................................................................................................................................................
a.First Name b.Last Name
Import,ant:
When filling ...........
out forms on c.,Organization
the, 1550 Salem Street
computer,, d'. Maifi—n4-A' diisi.................................................................................................................................................................................................................................................
use,only the
tab key to North Andover MA 01845
move your e.Cityff own f.State! g.Zip Code
cursor-do
not,use the 4. Property Owner(if different from, applicant)"..
return key.
...........
vf� a.,First Name b.Last Name
c.Or ganizati�on
�Alin g Address
——--------------------------............................
e.City/Tolwn f.State g.Zip,Code
5. Project Location*.
1550 Salem Street North Andover
a.Street Address b.CityfTown
Map 10613 Lot 54
,c.,Assessors Map/Plat Number d. Parciel/Lot Number
Latitude and Longitude,, if known.', 42d65mO4s -71 d0Ern 1 7s
d. Latitude e.Longitude
wpaform,5,doc rev 51118/2020 Page,1 of 13
4
Massachusetts, Department ironmental Notectibn Providedby Mas,sDEP:
Bureau of Resource Protection -Wetlands Bylaw NACU
WPA Form 5 - Order of Conditions MassDEP File#
. .......... mm.�u
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 ansaction#
North Andover—
City/Town
k General Information
6. Property recorded at,the Registry of Deeds for(attach additional information if more than
one parcel)-
Northern Essex
,a.County b.Certificate Number if registered land)
14390 23
c,.Book d.Page
January 26, 2,02,1 rch 24, 2021 March 29, 2021'
7. Dates:
a.,Date Notice of Intent. 41e'd b.MaDate Public Hearing,Closed c,Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan, or ument references
as, needed):
1550 Salem Street Site Plan
......................
a. Plan:Title,
Patriot Engineering Michael J. Novak PE
b.Prepared'By c. Signed and Stamped by
March 12, 2021 111=10'
d. Final Revision,Date e.,Scale
.................................................
Additional Plan or Document.Title g.Date
B. Findings
I Findings pursuant to the Massachusetts'Wetlands Protection Act,,,
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that,
the areas in which work is proposed is significiant to the following interests of the Wetlands
Protection Act,(the Act). Check all that apply:
a. M Public WAter SUPply b, E] Land Containing Shellfish Prevention of
Pollution
d. E Private Water Supply e. Fisheries 0 Protection of
Wildlife Habitat
g. Groundwater SUpply h. Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is., (check one of the following boxes)
Approved subject to:
a- 0 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.
vwpaforrn,5,.do,c-rev 5/1812020 Page 2 of 13
4,
Massachusetts, Department ofEnvironmental Protection Provided by Mass]DEP:
Buryl NACC �427eau of Resource Protection, - Wetlands B aw 1
x Mass,DEP He#
WPA Form 5 - Order ofConditions
Massachusetts Wetland's Protection Act M.G.L. c., 131, §4�O eDEP Transaction#
North Andover
-dtyfTown
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., [] 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 t"s interests, and a final Order of'Conditions, isissued. A
description &the specifflic information which is lacking and,why, it is necessary is
attached to this Dreier as per 310 CIVIR 10.05,(6)(c).
3. FJ Buffer Zone Impacts* Shortest distance between limit of project 51 3
a feet
distu nce rba and the wetland resource area specified in 310 CIVIR 10.02(l (a . linear
Inland Resource Area Impacts: Check all that apply below., (For Approvals, Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration: Replacement Replacement
4. E] Ban k a,. linear feet b. linear feet c.Unear feet d.linear feet
5. EJ Bordering
Vegetated Wetland a-square feet b.square feet c.siquare feet square feet
6. E:1 Land Under
........................
Waterbodies and a.square feet b.square feet c.square feet, d.square feet
Waterways
e.c,/y dredged f.dy dredged
7. Bordering Land
Subject to Flooding a.square feet b.,square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.,cubi'c,feet f cubic feet g.,cubic feet h.cubic feet
8. El Isolated Land
Subject,to,Flooding a.square feet b.,square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic,feet e.cubic feet f'.cubic feet
9. Riverfront,Area
a.total s,q.feet b.,total slq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
2 t g.square,feet h,.square feet L square feet, j.square feet
wPafor,rn5.doc rev 511812020 Page 3 of 13
4
Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetland's 13y1aw NA CC 4127-1-1.11-1111.11-111111.1
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L., c. 131, §140 eDEP Transaction#
North Andover
n
B. Findi c � .),
Coastal Resource Area Impacts: Check all that apply below. ('For Approvals Only)
Proposed Permitted Proposed' Permitted
Alteration Alteration Replacement Replacement
101, E:1 Designated Port
Areas Indicate size, under Land Under the Ocean, below
11 1. E] Land Unlider the
Ocean a.square feet b.square feet
dredged d.c/'y dredged
12. E] Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes,
below
cu yd cu yid
13. Coastal Beaches
a.square feet, b.squar feet c.nourishment d.nouirishment,
cu yd cu yd
14. ni Coastal Dunes
a.square feet b.square feet c.nourishment b nourishment
15. ® Coastal Banks a. fin ear feet b.linear feet
Rocky Intertidal
Shores a.square feet b.square feet
a.square feet b.square feet c.square feet d.,square feet
18. Land Under Salt,
Ponds a.square feet b.square feet
c.c/y dredged id.c/y dredged
19, Land Containing
Shellfish a.square feet b.square feet c,.square!feet, d.square feet
210, Fish Runs Indicate size under Coastal Banks,, Inland Bank, Land Under
the,Ocean, and/or inland Land Under Waterbodles and
'Waterways, above
a.Uy dredged b.c/y dredged'
21. E] Land Subject to
Coastal Storm a.,square feet, b.square feet
Flowage
22. Riverfront Area .....
a.,total sq.feet b.total s1q.feet
Sq ft within 100 ft
c.,square feet d.square feet e. f,square feet
,square,feet
Sq ft between 100-
200 ft g.,square feet h.square feet ,sqe feet
L square fe.,et j. uar
wpaform5.doc-rev 5118/2020, Page 4 of 13
4
MaSsachusetts Department,of Environmental Protectimn Provided by MassDER
Bureau of Resource Protection, - Wetland's ACC 4271
Mass,DEP File#
WPA Form 5 ,--, Order of Cond''itions
Massachusetts Wetlands Protection Act, M.,G.L. c. 131, §40 eDEP Transaction#
North Andover
City,rrown
B, i i cont.)
#23.If the 23. F] Restoratilon/Enhancement
Project is for
the purpose off
restoring or
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland 24. El Stream Crossing(s):
resource area
n addition to
the square
footage that a.number of new stream crossings b.number of replacement stream crossings
has been C, General Conditions Unader Massachusetts .elan s Protection Act
entered in
Section B,.5.,c
(BVW) it The llowing conditions are only appilicable to Approved projects.
BA T c(Si It
Marsh)above, 1. Failure to comply with all conditions stated herei'n, and with all related statutes and ot her
p�lease ente m
r
t ition regulatory easu hal res, sl be' m mod deeed cause torev�oke or ify this Order.
he addal
amount here. 2., The Order does not grant any property rights,or any exclusive privileges; it does not
authorize any iury to private property,or invasion of private rights.
3. This Order does not relieve the perr ittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes,, ordinances, bylaws,, oir regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply*
a 'The work is a ma, 10. intenancle dredging project as provided f r in the Act; it
b. The time for completion has been extended to a specified dater re than three,years,
but less than five years, from the,date 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 peniod are set forth as a,special condition in this Order.
c. If the,work is for a Test Project, this Order of Conditions shall be valid for no more thgun
one year.
5. This Order may be extended by the issuing authority for one,or more periods iods 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
CIVIR 10.05(11)(0.
6. IIf this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does, not extend the issuance date of the or'lginal F'inal Order of Conditions and
the Order will expire on unless,extended in writing by the Department.
7. Any till 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,
plaper,, clardboarld,, pipe, tires, ashes,,, refrigerators, ter vehicles, or parts of any of the
Lorin .
wpaform5.doc rev 5118/2020 Page 5,of 13,
4
Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection Wetlands 271.
M a ss,DEP File#
WPA Form 5 - Order of Conditions
M
-4 7f,rans ac tion#assachusetts'Wetlands Protection Act, M.G.L. c. 131, §40, jffP
North Andover
fit
C. General Condlitlions Under Massachusetts Wetlands Prote tibn Act
8. This Order is, not final until all administrative appeal periods from this Order have elapsed,,
or if such an appeal has been taken,, until all proceedings before the, Department have been
completed.
work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court,for the district in which the land is located, within
the chain of title of the affected property. In the case,of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of'the land upon
which the proposed work is to, be done. In the case of the registered land, the Final Order
shall also, be noted on the Land' Court Certificate of Title of the owner of the land upon
which the proposed work is dione. 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 all bedisplayed at the site not less then,two square feet or,more than three
square tenet ire, size bearing the,words,
" assachusetts, Department of Environmental Protection" [or, "'MassDEP"]
"File Number NACC #721 31
11. Where the Department of Environmental Protection is requested toissuile a Superseding
Order, the Conservation Commission shall be a party to all agency proceed�ings and
hearings before MassDEP.
12. 'pen completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (W'PIA 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 identifi+ in Cond ition#13 above shal I requ ire the applicant to
inquire of the Conservation Commission In writing whether the change is significant enough
to require the filing of a new Notice of Intent.,
15., The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to,this
Order at reasonable hours to,evaluate compliance with the conditions stated in this Order,
and may require,the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16., 'This Order of Conditions shall apply to any successor in interest it successor in control of
the property subject to this Order and to any contractor or other person performing work
1
conditioned by this Order.,
vipaform5.dioic-rev 5/18/2020 Page 6 of 1 3
Providedby MassDEP:
Massachusetts Departmen�t of Environmental Protection
Bureau of Resource Protection - Wetlands Bylaw NIACC 4271
MassDEP File#
Order of Cond' t WPA Form 5 1 ions
Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 t P'Transaction#
NorthAndover
City/Town
C., Geneiral Conditions Under Massachusetts Wetland's, Protection Act (cont)
I
17. Prior to the start of work, and ift'he project involves work adjacent,to a Bordering Vegetated
Wet,land, the boundary of'the wetland in the,vicinity of the, proposed work area, shall be
y marked by wooden stakes or flagging. Once in place, 'the wet,land boundar markers shall
be maintained until a Clertificiate,of Compliance, has been issued by the Conservation
Commission.
18,� All sedimentation barriers shall ble maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments, be
deposited 'iin a wetland or water body. Diuring 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 aniother limit of
work line has been approved by this Order.
19. The work associated with this Order(the "'Project")
(1) is subject,to the Massachusetts Stoirmwater Standards
(2) is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards, then the project is subject to the,
following conditions:
a) All work, including site preparation, land disturbance,' construction and redevelopment,
shiall be implernentedin: 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
(BMPsi) sha,11 r main in place until the,site is,fully stabilized.
bi) No stormwater runoff may be discharged to the post-construction stor mat er BMPs
unless and until a Reglis for ed Professional Engineer provides a Certification that:
i. all construction, period 8,MPs have been removed or will be removed by a date certain
specified in, the Certification., For any construction period B,MPs, intended to be converted
/o to post construction operation for storm water attenuiation, recharge,, and r treatment, the
conversion is allowed by the, MassDEP Stormwater Handbook BMP specifications and that
the BM P has been properly cleaned or prepared for post construction operation,, including
I
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMIP plans are included,, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any, illicit discharges to the store" ,water management system, have been removed, as, per
the requirements of'Stormwater Standard 10;
�Vaform5.do c-rev 511812020 Page 7 of 13
4
Masslachusetts Department of Environmental Protection Provided by Mass[DEP:
Bureau of' Resource Protection - Wetlands Bylaw NACC 4271
MassIDEP File#
WPA Form 5 ,.- Order of Conditions
Massachusetts,Wetland's Protection Act M.G.L. c. 131, §40 elDEP'Transaction#
North Andover
Cityfrown
G. Gienerall Conditions Under Massachusetts Wet,lands, Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance,with the plans,
(including all planting, plans) approved by the issuing authority, and have been inspectedto
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compli lance, the responsible
party (defined in General Condition 18,(e)) shiall execute andsub nit,to,the issuing authorit
an Operation and Maintenance Compliance Statement COW Statement) for the
Stiormwater BIVIP's identifying the party responsible for implementing the stormw,ater BMP
Operation and Maintenance Plan (",O&M Plan"), and certifying the following�*
i.) the, O&M Plan is complete and will be implemented upon receipt of the Certificate,of
Compliance, and
ii.) the future, responsible parties shall be notified in writing,of their ongoing legal
responsibility to,operate and maintain the,storm at management BIVIPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance,with the long-term pollution pre ntion plan section, of the approved
Stormwatler Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge, Elimination, System Multi-Sector General Perm"it'.
e) Unless and until another party,accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BIVIP. 'To,overcome this
presumption,, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has, accepted responsibility for maintaining the, BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements'of Conditions 18(f) through 18(k)with respect to,that BIVIP. Any failure of the
proposed responsible party to implement the requirements,of'Conditions 18(f) through
18(k)with respect to that,BIVIP shall be a violation of the Order of Conditions or Certificate,
of Compliance, In the,case ofstormwater BMPs that are serving more than onle lot, the
legally, binding agreement shall also identify the lots that will" be serviced by the stormwater
BIVIPs. 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 respo rani bile party shall operate and maintain all stormwa,ter BIVIPs in, accordance
with the design plans, hel O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wp afor m 5.doc•rev 5/18/2020 Page 8 of 13
4
Massachusetts Department of Environmental Protection Provided by Mass[DEP:
Bureau of Resource Protection - Wetlands Bylaw NACC #271
Mas,sDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act, M G.L c. 131, §40 eDEP Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont)
g) The r nsi'ble party shall:
1 Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of-inspections,, repairs,, maintenance and/or replacement of the,
storm,water management system or any part thereof, and disposal (for disposal the
log shall indicate,the type of material and the disposal location)]
2. Make the maintenance log available,to Mass,DE P and the Conservation
,Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEPA and the Commission to,enter and
inspect the site to evaluate and ensure that the responsible, party is in compliance
with the requirements for each BMP established in the OW Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BM,Ps small' be disposed
of in accordance,with all applicable federall state, and local laws and regulations,.,
i) Illicit dischar es to the stormwater management system as def'ined in 3,10 CMR, 10.014
are prohibited.
j) The stormwater,management system approved' In, the Order of'Con ditions shiall 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
�Deslign Credit as defined in the Mass,DEP Story water Handbook,, Volume 3, Chapter 1
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
I) Access for maintenance, repair, anid/or replacement of BM Ps shall not be withheld.
Any fencing constructed' around stormw ter BMPs shall include access, gates and shall be
at least six inches above,grade to allow,for wildlife passage.
Special Conditions (if you need more,space for additional conditions, please attach a text
document),:
............
20. For'Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the,
m itoringAlarm and the restoration plansubmitted with the Notice of Intent If the
o nt I
conservation commission or Department determines that thie Test Project threatens the
p
i ublic health, safety or the environ ment, the applicant shall imp m ova leent the reml plan
11 submitted with the, Notice of Intent or modify the project as directed by the conservation
commission or the Department.
vipaform5,doc rev 5,11812020 Page 9 of 13
Ma,ssachuisett,s Departmen�t of E,n,vironmental Protectibn Provided by MassDEP:
NAC 4
Bureau of Resource Protection - Wetlands Byiaw� C 271
MassDEP File#
WPA Form 5 - Order lolf Conditions
Masac husetts'Wetland's Protection Act M.G.L., c., 131, §40 eDEP Transaction
Li 1-31 North Andover
.......................................... ................................................................
City/Town
D. Findings Undier Municipal Wetland's Bylaw or Ordinance
1. Is a municipal wetlands, bylaw or ordinance applicable? Yes N o
2. The North Andover hereby�finds (check one that applies)-.,
..........
Com........Conservation mission
a. El that the proposed'.work cannot be conditioned to, meet,the standards set forth in a
municipal ord!inance or bylaw,, specifically:
1
........———-------------------- .......
..............-".. unic i p�al Ordinance o,r Bylaw 2. Citation
Therefore work on,this proj,ect may not go,forward unless and until a revised Notice of
Intentils,submitted which provides measures which are adequate to meet these
standards, and a final Order of'Con ditionsis, issued.
b. 0, that the following ad'id ition a I icon d itio ns are necessary to comply with a municipal
ordinance or bylaw:
-North Andover Wetlands Protection I a,y & Regulations Chap. 190
1. Municipal Ordinance,oir Bylaw et. seq.
3. The Commission orders that all work shall be performed in accordance wilth the,following
conditions and with the Notice ofintent referenced above. 'To the extent that the following
conditions, modify or differ from the plans, specifications,, or other proposals,submitted with
the Notice of'lntent, the conditions shall control.
The,special conditions relating to municipal ordinance or bylaw are as follows (if you need
I
more space for additional conditions, attach a text docurnent)*
NorthAndover Conservation Commission Findin s, & Special Conditions (see attached)
wpaform5.doc rev 5118/2020 Page 10 of 13
4
Massachusetts Department,of Envi�ronnnental Pr ction Provided by MassDEP:
Bureau of Resource Protection i- Wetlands Byla 271
MassDEP File#
WPA, Form 5, --1 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 '—eD'—E-P" Transaction#
A North Andover
..............
City/Town
E. Signatures
'Thais Order is,valid for three years, unless otherwise specified'as a special March 29, 20,211
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 forein. see below .....
This �rder must be signed by a majority of thus Conservation Compmission. 2. Numbier of Signers Mu
The Order rnust be mailed'by certified mail (return receipt requeisted)or hand delivered to the applicant'.A
copy also must be rinailed or hand delivered at the,same time to the appropriate Department of
Environt'n,eintal' Protection Regional Office if not filing electronically, and the property owner, if different
from applicant.
signed by,Amy R.. Max�ner, Conservation Administrator,as authorized by the North,Andover
n
C onservation C.rrimission -See E,,R.D. Book 16327 Page 22
,e Amy R. Maxner, Cons erviation
...................................
Siqnatu41� Administrator
Louis Napoli, Chair
Signature Printed Name
SeanMcDonou,91 h. ...........................................................-....................................
Signature Printed Name
Jose h, L rich
.-...............
Signature rinted Name
John Miabon
SignaturePrintedW .............................................................................................................................
Signature Printed Name
;.................................................................................................................................................... ..-.........................
ignature Printed Name,
Signature Printed Name
El by hand delivery on by certified mail, return receipt
requested, on
March 29, 21021
IDate, Date,
wpaforn15i,doc-rev 5/1812020 Paige 11 of 13
4
Provided by MassDEP:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Bylaw NaCC 4,271
MassDEP File
Oi ions
Massachusetts Wetland's Protection Act M.G.L,. c. 131, §40 eDEP Transaction#
North Andover
..............---------
City/Tiown
F, Appeals
The apipl�icant, the owner,, any person aggrIleved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby, notified of their right to request the appropriate MassDEP Regional Office to,issue a
Superseding Order of Conditions. The request imust 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 CM R 10.03 ith in ten business days from
the date of issuance of this Order. A copy of the, request s,ha,ll 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,appell nt.
Any appellants,seeking to appeal the Department's Superseding Order associated with this,
appeal will be r uired to demonstrate prior participation in the review of this project. Prievilous,
participation ib 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 infoirmat�ioln to the Department pin or toissuance of a Superseding
Order.
The request shall state clearly and concisely the objections to,the,Order which is being
appealed and how the,Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M,,G,,L,. c., 1311 §40), and is inconsistent with the
wetlands regulations (310 CMR 10.010). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,; the
Department has no appellate jurisdiction.
Nvpaform5,doc rev 5118/2020 Page 12 of'l 3
4
Massachusetts Department of Environmen,tal Protection Provided by Mass.DEP:
By'la,w NACC #271
Bureau of Resource Protection �- Wetlands ............—"...................
MassDEP File,#
WPA Form 5 ,-- Order of Conditions
Ma
.. Transaction.................ssachusetts Wetlands Protection Act M.G.L. c. 131, §40 #
North Are dover-
Cite.
G. Recording Information
Prior to commencement of work; this,Order of Conditions imu st be recorded in the Registry of
Deeds or the Land Court for the,district in which the land is located, within the,chain: of title of
the affected property. In the case of recorded land, the, Final Order shall also be noted in the
Registry's Grantor Index under the name,of the,owner of the land subject to the Order. In the
case of registered land, this, Order shall also be noted on the, Land Court'Certificate,of Title of
the,owner of the land subject to,the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
ervation Commission
Detach on dotted lire, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
-----------------------------------------------------------------------------------------------------------------------------
To.-,
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at
15,50 Salem Street n/a NACCI#271 (local Bylaw Only)
——---------—-------------
Project Loication MassDEP File!Number
Has been recorded at the Registry of Deeds
Nothorn Essex (NERD)
County Book Page
for Sean & Jessica Carter
,
Property Owner
and has been noted in the chain, of title of the affected prioperty in:
14390 23
Book Rage
In accordance with the Order of Conditions issued on*
March 291 2021
Date
If recorded land, the, instrument number identifying this transaction is.,
Instrument Number
If registered land, the document number identifying this transaction is,
...........u..............m...............e..........n t—ICI u"mber
Signature of Applicant
vM for 5,idoc-rev 51'18/2020 Page 13 of 13
1.55 Salein Street-NACC
,funaings of Fact
Current Project Sete Conditions,: The 1.52-lacre project site currently consists an,existing
single-family house constructed, 97 associated septic system,, driveway, deck, lawn,
fencing, landscaping and.utilities.
The, project site has been subject to previous Wetland, permittiongwith the North Andover
Conservation Commission (NACC), which includes the followin,
0 Negative Determination ppucab slued in, 20 5 . governed septic system
upgrade,
The NACC agrees,with the delineation of the following wetland resource areas as,reflected
on,the approved a . The applicant has,not povercome the presumption
si*gnificance of tease resource areas to e i ests in.the Act and.
Bylaw.
a. isolated Vegetate Wetland - Welland ags 1001-105
b. -Foot BufferZone to, 1VW'
c. The property s not I ie within, but abuts, NHESP Priority b a
. The, property dioesnot liehi' he, 100-yearfloodplain
e. Theon-site resource areas, not n i'n certif I'lled. or potential vernal pools
based on NHESP mappin.g.
f. Note:" ,A 347 s. r pocket of hydric soils exists within the lawn between
proposed pool and the delineated 1VW. Conservation staff erified the wettand
consultant's soil evaluation showing that these two areas are not hydrologically
miected, and, therefore rendering the, pocket too small to be regulated under
the Bylaw.,
Therefore, the, NACC here Y fines that the following d ons are necessary'. in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw,and
Re 1a n , to protect hose interests, noted. above. The NA,CC ordersthat all work shall b-
performed 1n accordance h said conditions an i' 1.the,Notice of Intient/approved plans
referencedbelow. To the extent hat the,foilowim4 conditions m iN or differ from the
la s i i a i ns or other proposals submitted with the Notice of In,ten. e conditions
shall control.,
GENERAL CONDITIONS
21., The proposed workincludes: construction, of an 18'x 33" above-ground pool,
associated Wx ' deck and stairs, 1 ' deck expansion at rear of the house and
associated new stairs and land ing. Underground electrical con-nelction.to service pool
equipment is also proposed, with equipment to be set on a YxYconcrete p 1.. A new
shed will be installed outside h � 1' Buffer Zone. All works outside the 5 -Foot
'Build e and within existing turf lawln.
age G of`12
15510 Salein Street—NACU # 271.
22. The work shall for to the following (except as noted in the,remainder of this
document where revisioli,,,s may be required):
Notice, of Intent and associated attaclunents,filed by.- Sean &Jess a Carter
155,0 Salem,Street
North Andover, MA 101845
Wetland Consultant-, Willian-i Manuell
Wetlands & Land. Management, Inc.
U)0 Conifer Drive, #51.6
Danvers, MA 01923
Site Plan:
0 155,0 Salem,Street Site Plan, z:)neet 1 of 1"' prepared by Patrl'oit
0 4,
Engineering, signed and stamped by Michael Novak, PE, scale 1""-10",
.f al. revision dated March 12, 2021.
23. 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 docul-nents and this Order of Conditions. The NACC shallbe
notified, in writing withm 30 days of all transfers of title, of any portion.of property that
takes place prior to,"the issuance of a Cert' ca pliance.
24. The conditions ofthis decision shall apply to, and be binding upon-, the applicant,
its em signs, in i ntere t or control. These
owner,, 1 ployees, and, all successors, and a S
4
obligations shall be expressed in covenants in.all deeds to succeeding owners of
portions of the property.
25. 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.
4,
26. This Order does grant any property rights or any exclusive privilegies; it does not,
0 0
authorize any inq I ury to private property or invas"ion,of property rights. Howeve-1r,, the
NACC, lronme a ec n ntl Prottio (DEP)
agent of the NACC or the Department of Env*
reserves the right to enter and inspect the,property at all.reasonable times until a
11 4 0
Cer om pfitif icate of C lance is issued to evaluate compliance w ith, this Order of
A
Conditions, the Act (310 CMR 10.100), the North Andover Weland Bylaw anu
Regulations, and may require any information,, measurements, photographs,
observations, and 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
w i O'th this Order of Conditions. Work sha un ll not resume til, the NACC
in compiiance
0 -
is satisfied that the w1ork will comply and, has so notified the ap,plicant in writing.
15510 SCfleni Strect NACC#271 N.AC'C Fintfings&Special.cowlitions
R(age 2 of 12
1,5150 Salein. Strect—NACC # 271,
27. 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.
28. The work authorized hereunder shall be completed within three years from, the date of
this order,.
29. This Order may be extended by the issuing authority for one but not more than. two
peri ods of up to one year each upon application, to the issuin g- authority at least thirty
da 6
r1lior to the, expiration date of the Order (Refer to Sectioti, 83) f the North
Ai,idoverWetlaii,d Regttlatioti�s).
30. The NACC reserves the right to amend this,Order of Clonditions, after a legally
advertised public hearing if plans, or circumstances are changed or if new conditions
or information so ,warrant.
31., Where, the Department of Environmental Protection (DEP), is requested to make a
r_1 se e--Ji m m i d, 0
deterMinablon and to issue a:!)uperding Order, the er le Consvation toss�ion shall
be a party to, all agency proceedings and hearings 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 riesourc,e areas. In order to
�0-
prevent any alteration of we�t�land resource areas, a twenty1,1,1f 11vefoo,t,,,.,,(.25`)
p
F 7'isturbance Zone and a fifty foot (50") No-Cons truction/-,,,o,ne shall be establi'shedfrom
A
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 b law. No disturbance of existing gra,0, soils or
a
ve I is permittedin the No-D'sturbance zone., (See Sect'ori, 3.4 &Appe,ndixF�ftlle
getat"on & 1 1
local Regttlatloiis).
33. 'This, document shall be included in all construction contracts,,, s ubcontracts, 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.j tl liable for any
violation of this Order resulting from failure to comply w ith its cond itions.
34. The owners of the p ro ject and, the�ir successors i n 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 indenu-iffy and hold harmless to the
Town and its residents for anydamage attributable to al rations, -undertaken on this
property pursuant to,the Order. Issuance ofthese,Conditions does no tin any way
1550 Salan Street NACC 4271 NACC Fin(fings&Speci,id Conditions,
Page 3,of 12,
1,,550 Salem Street—NACC# 271
.imply or certify that the,site or downstream ail"lleas will not be subject to flooding, storm
damage or any other form.of'water damage. Maintenance of the drainage s,ystem,, if
accepted by the Town.as part of a public way,. bec(11)mes, the responsibility of the Town.
,35., Issuance of these Conditions does, not in any way 'imply or certifythat the site or
downstream areas will not be subject to,flooding, storm damage or any other form of'
water damage.,
[P=R10ZRT0, CONSTRUCTION
36. No work shall be undertaken until all admini.strative appeal. periods from this Order
have elapsed or, i f such an appeal has,been filed, until all proceedings before the
Department or Court,have been completed,.
37. This Order shall be recorded, i*n lits ent by the applicant at the Registry of Deeds
imi-nedi ate ly after the expiration,of all appeal periods. No work shall be undertaken
until tie Final, Order has L)lei recorded 'in the Registry of'Deeds or the Land Court for
tl-te district in which tea is located, within the chain of title oft he affected
property. In the case of recorded and, tl-te Final Order shall also be noted in the
Registry's Grantor Index under the ame, of the owner of the land upon which the
proposed work 'is to 'be done. In,the,case ofregistered land, the Final.Order shall also
be not on the Land Court Certif icate of T it le of the owner of the land upon..which
the proposed work is to be, done. The recording information all be submitted to the
North Andover Conservation Commission,on, the form at the end of this Order prior
-11 -10
to cwimien cement of the de work. Any Orr not recorded by tne appilicant before work
commences may be recorded by the NACC at the applicant's expense,.
38. A check payable to theTown 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 cow-m-ilencement of work. Said
,deposit of money shall be conditioned on the completion of all conditions,hereof, shall
be, signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made,for performance of any conditions whi'ch are of continuing
nature,., The applicant may propose a monetary release schedule keyed to completion
of specific portions of the, projectfor the NAClC's review and approval. This,conaition
is issued under the authority of the local Bylaw.
39. The proposed pool shall employ a cartridge style filter system, (lot a backwash
system). Spec ifications for the cartridge system shall be prov i ded to the Conservation
2 #
Department,pri,orto slig n off of the building permit.
15.50 Si Stree(� NACC#27'1 NA(T I"indings&Special Conditions
1,
(hw 4 of 12
1550 Salein, Sfi#eet—i NACC H 271.
40. A. sign,, visible from the street, shall, be displayed, at the site not less than two, square
Feet,or more tl an.three squariefeet in,size bearin,g the words "NACC Fi le #271."
41. No changes to the approved plan shiall,be implemented 'in the, field until ,wri"tten
approval has been,,,,,,,,,gr g4i,.b N i
I yi- 'he'- ACC., 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 ACC for, approval prior to implementation. If the NACU'
ro / I
finds said changes to be signiticant, the,NACC will call for another public hearing �at
1 0
the expense of the appinciant). Within 21 days, of the close of said public hearing the
NACC will issue, an amended or new Order ofCondItions. Any errors found in the
II
.Plans or information submitted by the applicant shall be considered as changes.
42. It is, the responsibility of the applicant, owner, and./or successor(s) to ensure that all
..1,, -1 1 "te projct ngin
conditions of this Order of Con com it are pilela wl h. Th e e eer and
contractors are to, be provided with a copy of this Order of Conditions and referenced
documents,before commencement of constructlol't.
43. Wetlanid flagging on site shall be checked prior to start of'construction and.shall.be re,-
established.where m*ss,*n 1 1 g. All wetland flagging shall,remain v�lslblie 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 lie ciheciked and replaced as
necessary and shall be maintained until all construction is complete.
44. At a, minimum, a row of staked 8"' mulch dock (Ffltrexx Silt or equivalent) shall
be properly *Installed bet weein 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 pril"or to the sitar:t of construction and shall rream intact until all
disturbed areas have been permanently stabilized to prevent erosion. All additional
,erosion prevention and sedimentation protection measure nd necessary during,
construct Ilion shall be impleniented at the direction of the NACC or its agent. The
NACC reserves, the right to impose additional conditions on portl0ions of this project to
mitigate any impacts which,could result.friom s,l'*te erosion,, or any noticeable
degradation of surface wate ir quality discharging from the site. For example,
installation of erosion control, measures may be required in areas not shown on the
pi) referenced in this Order of Conditions,. Should such installation be requiredby
the NACC, they, shall be installed within 4,8 hoursof the Commission's,request.
45. 'The appli cant/contractor shalll-iavel on hand, at the start of any soil d�lsturbiance,
0
removal or stockpiling, addl't,lionial 25 feet of mulch sock and suff lic lent stakes for
sta kin g both c ov ered from.the elements, and shall be used only for thei c ontrol. of
emergency erosion problems, and shall.not be used for the normal control oferos iion.
1550 Sidon Street NACC ft 271 N,ikcc iiinlings&sincial clonditions
Page:5 of 1,2
1550, Saleiii Street—NACC #271
46., The erosion controls shall serve as theli'mit of work. Workers ,should be 1*nformed that
f inery, storage of machinery or mateflals, stockpiling of soil, or
no use o mach" I
construction activity is to occur beyond this line at any time.
47. The applicant shall designat etland Scienfist (or the environmental professional
as, approved by the NAC C or It agent,) as an "Trosion ton Monitor" to oversee,
any emergency placement ofcontrols 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 NACCin
the event that this person has 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,wi"th erosion control. The,
Environmental Professional will immediately notify the Conservaflon agent off'any
matter that requires attention by the Commi'ssion or the agent. The erosion control
moon 1tor will be required to inspect,all such devices and oversee cleaning and the
proper disposal of'waste products. Cleaning all 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 un stab i'lized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the, best of' pis/hens knowledge and belief based on a car efulsite '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/eros ion control measures and assume responsibility .for their
maintenance on a weekly basis and that they are func tin i*ng as intended. Ins.addition.
all wetland, resource area must be visually inspected for siftaflon, turbicuty, an
other water q'uality impacts. The Erosion Con on trol Mitor shall, be on n site durig,
and/or followiffig a major store event of'1/2 in of rain or greater (24 hour event) to,
ensure that soils,ren ain.stable, and erosion controls are adequate and secure.
4,9. Prior to construction and consultation.with the Conservation Department, the edge of
the no disturb zone shall be mo non umented with wetland markers on the existing fence
fine. Said markers shall incorporate the following test on their upland side: "Protected
Wetland, Resource Area". This ill designate their sensitivity and assure nofurther
inadvertent encroachment 'Into, the wetland. Said m arkers are available for,purchase
in the Conservation Department at Town Hall. The applicant shall instruct all agents,
to explains 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.
4
1550 Salem.Street NACC#27'1 NACC 1"Indings&Special Conditions
pgll,Lle 6 of 12
1550, Slip StreetNACC
50. Prior to, any work commencing on-site, the applicant shall submit to the NA CC or its,
Administrator for review, and comii,-tent, a detailed work schedule/sequ ence of
construction.
51. Prior to any work commencing on slote,, it is, the responsibility ofthe applicant to
procure all other applicable federal, state and local permits and approvals required.for
this project, and no work wI*thI'n the Comm I*ss i on's Jads dictl'on shall commence
unti'l all other state or local p,erml*ts,, approvals, and vari*ances ha been obtained.
This is to ensure that impact to jurisdi'dional. areas are avoided in the case that any
such permit isaeniedor withheld for any period of time,, her maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note: 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. 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 sald land to another party, subject to said Orders, of
Conditions,, the "Co n-tpIlance Certification For Affidavit" attached via "AppendiX,
A" signed under the, pa'ins 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 usmess, days prior
to the closing of saici iand transaction.
53. Once these above mentioned pre-construction.requirements are complete, the
app icant shall contact the Conservat'on Office prior to s*te preparation or
construction and shall, arrange an on-site conference with an NACC repres,entg.tive.1111 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 I 1 0
.. subcontracts,, and s I edf'pcat"one dea wit
h th,the work
proposed and shall supersede any co�tflicting 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 ofthis Order of Conditions
resulting from failure to comply with its conditions, The, applicant or c ntractor shall
notifythe ABC in writing of the identity of the, o,n:-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of tier shall be provided as notice ofthe pre-construction meeting (e.g,. 72
hours)�.
IIPTO R.MWATER MANAGEMENT CONDITIONS
1550 Salem Street NACC#27 1 NACC Finditi,gs&Special Conditions
Page 7 of 1:2
1550 Salem Street ACC #271
54. There shall, be no increase, in the post development disch,argels from the storm drainage
system or,any other chars gesin post development conc,tit,ion,s that after the post
development watershed boundaries, as,currently depicted in the Notice of Intent and,
approved, by this Order of Conditions, unless,specif ically approved inwriting by the
Commission.
55. Water qual ity i n down gradient B�VW's shall not differ signif icantly following
completion of the pr # i ions. There,shall be no
oject from the pre-de m velopent co,nd*t*
sedimentation into wetlands, or water bodles from discharge pipes or surface, runoff
leavi ng the,site.
' D E
=D:U
URING CONSTRUCTION
Mill
56. Upon begim-fing work,, the applicant shall submit,writtert progress reports every
month to ling what work has been done in or near resource areas, and,what work, Is
anticipated to be done ovier the next pleriod. This will update, the construction.
sequence and can be, a part of the weekly erosion control,reports.
57. Any fill used, in connecti on w i4th this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumbler, bricks, plaster, wire,
lath, paper'. cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, aLs)hes, refrigerators,, mot orvehicles or parts on,any of the
forlegoing. Any fill imported, to the, slite, must be accompanied by, a.certificate of origin
or an..,anal sis certif,Yins R cleanliness - whichever is most applicable as, determined b
the Conservation Commission or its,staff
58. All exposed soii tinishgradle surfaces shall be im mediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch,hay. All disturbed areas must,
'be graided, loamed and seeded prior to November Ist of each year. Outside of the
growing sleason, exposed soil finish grade surfaces shall, be stabiffizea with a layer of
mulch hay until.climate conditions allow for see din.g., uurIng construction, any area of
exposed soils that will 'be left idle for more than 310 days shall be stabilized with a layer
of mulch hay or other means approveld, by the, NACC.
59. Associated pavement and,roadways shall be swept at least weekly or as directed, by
the Erosion Control monitor the Site Supervisor,Pr *ect Maniager, or Conservation
4 t 9)
staff for as long as the,site remains exposed and, un-stabilized. If material is tracked
beyond the construction.entrance onto the, adjaicien:t roadway, it will be swept up daily.
60. The construction access for the pr *ect shall be swept daily to remove sediment
deposited,by construction v .icles accessing the site and avoid trackmg,on to, public
right of way.
1.550 Salem Street NACCH 271 NACC Findings,&Special Condiflons
Page 8 of 12,
1,550 Salein Street—NACC # 271
61. All materials stockpi'ling area shall be outside the 100-Foot Buffer Zone. At no time
shall be stockpiling ofsoifl or any other materials occur on. the wetland sl'de of the
erosion.controls,.,
62. All waste generated by, or associated. with, the construction activity shall, be contained
-within the limit of work, and away from any wetlandresource area, There shall be no,
burying,of spent construction materials or, disposal of waste on the site by any other
means. The applicant shall maintain dumpsters, (or other suitable means) at the site
for tl-te storage, and removal of such spent construction materials, off-site. However, no
trash dumpsters,will be allowed within 510 feet of the edge of'IVW,.
63. Cement trucks shall not be washed out in an,y wet'land resource or buffer zone area.,
Any deposit of cement,or concrete Products 'into a buffer zone or wetland resource
area shall be removed by hand.
64. Accepted engineering and construction standards and procedures shall be followedin
0
the completion of the project.,
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any et land resource area. If there is a spill or disicharge of any
pollutant during any phase of construction the NACU shall be notif ied by the
applicant within one (1) business, day. No construction vehicles are tobe stored within
100 feet of wet and resource, areas, and no vehicle refueling, equipment lubrication, or
maintenance to be done within 100 feet of a resource, area.
CAFT:EZRCONSTRUCTION
166. Noundierg roan d storage offuel oils shall be allowed on,any lot witnin one-hund,red
0
(100) feet of any wietland resource area. This condition shall survive this Order of
Jr * I#,# # 41
Conditions and shall.run with the title of the property. This coinc,tition is issued under
the authority of the Town's Wietland protection Bylaw.
-id,scaping anu I lawn care shall be slow release,low-n'trogen.
67., Fertilizers util'izea tor lai 1
types (< 5%),, and. shall not be used, within 25 feet of a resource area. Pesticides and
herbicides shall notbe used.within 1,00 feet of a wetland resource area,. This condition
shall survive this,Order of Conditions,anc I i snall run with the title of the property. This
condition is issued under the authority of the'Town"s WetlandProtection, Bylaw and,
shall remain in perpetuity.
68. No sodium-based products shall be used for control. olt ice or snow within 1,00 feet of
the wettand.
15,50 Salem Strect NACC#271 NACC Findiogs&Special 0)],I(fi trolls
1)�
age 9 of 12
1550 Salem Street—NACC# 271
69. There all be no dumping of leaves, grass ciippings, brush/ or other debrisinto a
and resource areas or the 25-foot No-Disturb ,ion e., This condition shall. r ain em in
perpetuity.
70. Upon completion of construction and, grading, all disturbed areas located outside
resource,areas shall be stabilized permane ntly against erosion,. This shall be, done by,
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full.vegetative cover has been achieved.
71. The use ofcoal tar-bayed pavement sealants is prohibited on, the property, as they
have been determined to contribute high,levels of polycyclic aromatic hydrocarbons
(PAHs,) to stormwater runoff. This condition,shall survive the Order of Conditions
and shall run with the title of the property.
7.2,. Any/all pool, water dra" w down shall be directed outside,the -Foot Buffer Zone
over lawn area, and not,discharged directly into the isolated vegetated wetland (or
hydric soil. pocket).
73. Upon approved site stabilization'by Conservation staff, the erosion controls shall be
removed and, properly disposed of and all exposed unvegetated areas shall be seeded.
74. Upon completion of the project the applicant shall submit the following to t1le
Conservation tuommiss�ion,as part of a request for a Certif icate of Compl iance:
a. VV`PA Form 8A - "Requestfor a,Certificate of'Compliance."
b. A letter from the applicant requesting a Certif icate, of Compl iance.
c. The name and, address of the current,landowner.
d. Signed statementsfrom the individual property owners shall be s�ubmitt with
the request for a Certificate of,complia ing that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address, of the inctividual/trust or corporation to whom the
compliance 'i's '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 certitying that the
work has,been conducted as shown.on the, plan ) and documents referenced
above, and as conditioned by the Commission.
L Check, payable to the Town of'North Andover, for Certificate of Compliance filing
fee e wim
(0 0 0.1 C
inquir onservation.Department for current fee rate).
An, "As-Built" plan prepared. and signed and stamped by a Registered Professional
Civi'I Engineer (and/or Registered Professional Land Surveyor) of the
Corm-nonwealth, for the public record. TMs plan will include:
15:50 S-alein Street NAC;C#�2,71 �NACC f`�hidings&Special Conditions
Pa ge 11 o f 12
1550 Saleni StmetNACU''# 271
"As Built"' post-developnient elevati*ons of all, drainagre & storn-1water
management structures constructed within,100feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas, including the encompassing buffer zone which is
regulated as a resource area.under thelocal Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures 'include (but
are not limited, to�) septic,systems,,, add itions,, fences, Sheds, stone,walls,
pools, retaining walls, subsurface utilities and decks.
A lineshowing the I i'mit of work and the extent of existing erosion control
devices. "'Work"' 'Includes Any disturbance of soils or vegetation.
75
'r d,., 'The,following special conditions shall survive the issuance of a Certif icate Of
0
Compliance (COC) for this,project..
)i�o 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within,100' of,existin g I wetland resource areas w*11 require a separate filing
1 i,the 'NACC of the Regulations for performance standards within these
zones) The Conservation.Administrator and/or other agents, ofthe NACC
do not have the, authority to waive these s,e backs as established under the
local Bylaw (Condition #32)-
Resource Area Markers (Condition #49,)l
Discharge or spi'llage of pollutants, (Condition #65);
1 O's
Prohnntion of underground fuels (Condition#66)
Limitations on the,use offert1, , sod um based de-lcing
compounds and pesh"cides, (Conditions #67 & 68);
dumping of leaves, grass clippings, brush, or other debri's into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition.#69).
Prohibition of the use of coal tar based products for paving (Condition #71);
Pool water management(Condition # 2);
1550 Salem Strect NAB C#27 1, NACC Findiligs&Special Conditions
Page 1,1 f 1,2
15,50 Salem Street—NACC #271
APPENDIX A -AFFIDAVIT
on oath do hereby depose and State:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BL 0 CK)
am the of
(position.w.1"th appli"cant) (applicant,name or company name)
the applicant upon..whom Order of Condit wry
have been placed. upon b'y (DEP or NACC nu mbet)
the North.Andover Conservation Coi'nniisslolll.
&/or
2. 1 ani the of
(position,with owner) (owner name)
the owner upon whose,land,Order of Conditions
have been placed,up,by (DEP or NACC number)
the North Andover Conservation Comm�*ssion.
30 1 hereby affirm,and acknowledge that I have received said Order of Conditions,
and have read,the same and understand.each
File and every condition which has been set f rth
'2*,.*
in said Order of Co�ticlitlollls.
4. 1 hereby affirm and acknowledge,that on this day of —19.
1 filspected,jai d Property together with any and all improvements,which have
been made to tree same and,hereby certify that each and every condition set
forth in Order of Conditions are presently in corn.phance.
(DES File
5. 1 hereb aft y irm and acknowledge that this docunient�mill be�rel,led,upon by the
III
North Andover m Conservation Coirnission as well.as any potential buyers of
said.property whic h is subject to said Oil-der of Conditions,
ai i
(DEP File#)
Signed under the pains,and penalties of pe.jury this dayof 19
r
(Slignature-authorized agent of applicant or owner)
15.5'0 S(,flem Street NACC#271 NA(*C Findint":'s Conditions,
Page 12 of 1)