HomeMy WebLinkAbout- Permits #242-1806 - 0 BOXFORD STREET 4/1/2021 4
Massachusetts Department of Environmental Protection Provided hYMaunDEp:
Bureau Of Resource Protection -Wetlands
242-
18O8
Ll W A Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.Lc. 131, §4O eDEP Transaction#
North Andover
A. General Information
Please note: North Andover
m|umnnhas 1. From:mmnmu mcu ^""°=,^"°"^=""'°°'""
with added
2 7-hi� imouano� iahmr
upaem � w �� Ou1�rof��ondition� h [l Amended [)rderofCondihons
accommodate (check one):
��� ���
the Registry
orovvoo 8. To: Applicant:
Requirements
Peter Breen
a.First Name b. Last Name
Important:
When filling c/o The Morin Cameron Group, Inc.
out forms on o.urganoaoon
the
66 Elm Street
onmpv<or.
usnon|y1ho ~.Mailing Address
tab key m Danvers MA 01923
---
move yuur e.Qty/Tawn a e 8.Zip Code
cursor do
not use the 4� propedy Owner(ifd|�an*ntfronn �pp|ioanU:
return key.
` '
Peter Breen
c.Organization
770Boxford Street
d.Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. ProjectLooaUon:
BoxfordGtre North Andover
a.Street Address b.City/Town
Map 105A Lot24
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Lungitude, if known: d m S d m S
4
Massachusetts Department mf Environmental Protection Provided uYmav»osP:
�| ��UrBaUOf Resource Protection - V�� 242
[BD�S -1805
MassDEP File
����� �� � Order � �� ��~*.
� m�" ^� Form � �- ~����� �u �������Uons
� Massachusetts Wetlands Protection Act K8.G.L. c. 131. G40 eoep Transaction#
ILI North Andover
A. General Unfm`r00at^KDn (cont.)
0. 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-jand)"
00 281
JanuaryMarch�8�1 �roh 24 2021 April 1 2021
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
°^Saa Attached List of Approved P| & Other Documents"
a. Plan Title
r Additional Plan ur Document Title g.uum
B. Findings
1� Findings pursuant hothe Massachusetts Wetlands Protection Act:
Following the review ofthe above-referenced Notice nf Intent and based nn the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work in proposed is significant to the following interests of the Wetlands
Protection An((the Act). Check all that apply:
a
u 0 Prevention of
Public � Land �
� ���� � ��l� Pollution
d �� Private e� �� Fisheries t �� Protection of
� �� �� Wildlife Habitat
g � Groundwater Supply h. 0onn Damage Prevention i 0 Flood Control
2. This Commission hereby finds the project, ae proposed, is: (check one nf the following boxes)
Approved subject to:
u. E 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 Cond|Uona, 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.
"nafor=o»"v'rev a1namo Page 2m1n
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Massachusetts Department of Environmental protection Provided byM°mmoep:
Bureau Of Resource Protection - Wetlands242
-1800
������ � � ���� � Conditions
mmn �� Form .� �� ��nwu��� ��" ������"�U�Kons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 *nep Transaction w
North Andover
City/Town
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 guforward un|mae 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 ia issued. A description of
the performance standards which the proposed work cannot meet im attached tothis
Order.
o. R 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.
Then*fore, work on this project may not goforward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
mttmoMod to this Order as mwr31O CK0R 10.05/6\(o).
1 0 Buffer Zone Impacts: Shortest distance between limit n[project 38'
disturbance and the wetland resource area specified inO1DCKUR1O.O2(1)(a) a-li^ear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals <]o|y\
Resource Area Proposed Permitted Proposed Permitted
Alteration A|hynaUUn Replacement Replacement
4 Bank� �Fl� a_linear feet - mjvnevr feet-- \c.linear feet�- ujmvar feet
�-
5. 171 Bordering
Vegetated Wetland a.square feet b.square feet o.square feet d.square feet
O. [l Land Under
VVoterbod|eeand a.square feet b.square feet o.square feet d.square feet
Waterways
7. Fl Bordering Land
Subject toFlooding a.square feet square feet o.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet_ f.cubic feet _ g.cubic feet h.cubic feet_
V. Fl 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
��-
8. [l RiverfrnntArem
a.total sq.feet b.total sq.feet
Sqft within 10Oft
c.square feet d.square feet e.square feet f.square feet
Sq0 between 1DU-
%00ft g.square feet h.square feet L square feet j.square feet
wvem'mudoc^rev e1aumo Page o",m
4
K8msmmubueetbs Department of Environmental Protection Provided hyMomsDBp:
Bureau Of Resource Protection - Wetlands 242-180G
����� � � ���� � Conditions
LI ��u o� Form � �� "�n ���� ��n `������U�Uons
Massachusetts Wetlands Protection Act K8.G.L. c. 131. §4O voEpnaomamion#
North Andover
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1Q Designated
� �Fl� Indicate size under Land Under the Ocean belowAreaa '
11. FI Land Under the
Ocean o.square feet b.square feet
12
Indicate size under Coastal Beaches and/or Coastal Dunes
� �Fl� Barrier Beaches below
yd
13. Fl Coastal Beaches ^° ^"
a.square feet b.square feet c.nourishment d.nourishment
14. El Coastal Dunes nu yd ^"
yd
a.square feet b.square feet c.nourishment 67—no u�i s h'r i'e nt'
15 �o�ate| Benhe� ��Fl a_linear fe,et-- /b.linear feet
���
16. n Rocky intertidal
Shores a.square feet b.square feet
17. F] Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. El Land Under Salt
Ponds o.square feet Co«uue et
19� n Land Containing
Shellfish o.square feet h.square feet o.square feet d.square feet
20� El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVohsrbod|gaand
Waterways, above
a.c/y dredged b.cly dredged
21. [] Land Subject to
Coastal Storm o.square feet b.square feet
Flowage
22, Fl RiverfroniArea a.total sq.feet b.total sq,feet
8qft within 100h
c.square feet d.square feet e.square feet f square feet
Sqft between 10O-
2OOM V.square feet h.square feet i square feet ).square feet
°nafmmo.um`'rev m1ot202v Page^v,1x
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Massachusetts Department mfEnvironmental Protection Provided bymassmep:
Bureau of Resource Protection - Wetlands 242-1806
����� � � ���� � J� ��~�~
��" m� Form � �� ~�n ����� ��n ~�����*���ons
Massachusetts Wetlands Protection Act K8.G.L. o. 131. G40 enEP Transaction#
ILI North Andover
B. Findings (cont.)
^#23.}f the 23 R��tooaUnn/Enhen�a0on�°
pn�e��for
� ���l
the purpose of
wetlandenhancing a a.square feet of BVW b.square feet of salt marsh
"resource area 24. [l Stream Cruaoing/o\:
in addition to
the square
footage that a.number m new stream crossings u. number m replacement stream crossings
has
been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SectionB.5.v
(B«««)or The following conditions are nn|yap�|icmblmtoApprovmd projects.
B17.o(Sa|t '-"
Marsh)above, 1� Failure tn comply with aUoond�onaaba�dhgn� wit
h and other
enterplease nagu|atorym�a�uree ahu|| bodaem�doouaetor�vok�ormVdifv thia0n1e�
the additional ' '
amount here, 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury toprivahspnopedvorinvemionnfprivabedghks.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, stoto, or local abstubeo, ordinances, by|mvvs^ or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either ufthe following apply:
o. The work ieo maintenance dredging project oaprovidedforinthaAotor
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth aee special condition in this Order.
o. if the work is fora Test Project, this Order nfConditions shall be valid for no more than
one year.
b. 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 maybe extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
C[WR 10.05(11)ft
6. ]f this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing bv the Department.
7. Any fill used /n connection with this project shaUbanleanfi|LAnyfiUahaUcuntainnotnaah.
nyhuae^ rubbiah, or debris, including but not |imn|haU to |unnber, br|cko, plaster, vvino' lath,
paper, cardboard, pipe, tirea. oahes. refrioeratom, motorvehkdes. orportsofanycf the
foregoing.
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Massachusetts Department mf Environmental Protection Provided bvmovnocp:
242-180G
Bureau Of Resource Protection - Wetlands
����� � � Order � d� ��~�~
��n �x Form �� �� ���^�&�� ��" ������m����ons
Massachusetts Wetlands Protection Act W0.G.L. C. 131' 04O eoepTranoaouun#
North Andover
ityrrown
� C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order ianot 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.
8. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work in to be done. In the case of the registered land, the Final {)n]er
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement ofwork.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP")
"File Number 242-180O "
11. Where the Department of Environmental Protection is requested to issue aSuperseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before K8asaOEP.
12� Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance /VVPA Form 8A\ to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced |n 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 wfa new Notice ofIntent.
15. The Agent ur members of the Conservation Commission and the Department oƒ
Environmental Protection shall have the right to enter and inspect the area subject b) this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal uf any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided byMmo»DEp
242-18O8
Bureau Of Resource Protection - Wetlands
| ����� � � Order � �� ��~�~
� m�o o� Form � — "����� ��n "�����m�wUons
� K8a��echuo�t�eVV�UondoP[�teCtioOACtM.G.L. 40� o� 1�1. �G __ Transaction'
� North Andover
C, General Conditions Under Massachusetts Wetlands Protection Act (Cont.)
17. Prior to the start of work, and if the project invo|veevvnrkadianenthnaBondoringVegebabyd
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers mba|| be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls nne daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately non1nn| any erosion problems that occur at the
site and ahe|| also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the "Project")
(1) n is subject to the W1omaeohusette Gtnrmwmter Standards
(2) 0 in NOT subject to the K0aenoohuoeUo Sto/nnwahar Standards
|f the work |e subject tm the Stornmxvmtwr Standards,then the project is subject tmthe
following conditions:
a\ All work, including site preparation, land disturbance, construction and redevelopment,
eheU be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Sbnrmvveher Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by 5hormvvoter Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BK8Ps) shall remain in place until the site is fully stabilized.
LA No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BW1Po intended to be converted
to post construction operation for atornmvvaterattenuation, 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;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site io fully stabilized;
i8 any illicit discharges hn the nb//mwxaher management system have been removed, as per
the requirements ofSb)rmweharStandard 10;
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4
Massachusetts Department of Environmental Protection Provided byMavvnsp
Bureau Of Resource Protection - Wetlands 242-1800
� ����� �� � ���� � Conditions
��u =� Form ~" ~~ ��" x���� ��. v*���������ons
Massachusetts Wetlands Protection Act &0.G.L. 0 131. G40 eosP Transaction#
ILI North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cDOL)
iv. all post-construction sb][DlmGatg[ BK8Psare installed |O accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c> The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)) shall execute and submit to the issuing authority
on Operation and Maintenance Compliance Statement/"C}&N1 Statement) for the
Gtormvvaber BK8Pe identifying the party responsible for implementing the mtornlwaber BK0P
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.)the O&M Plan iocomplete and will be implemented upon receipt Vf the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPS and
implement the 8tornovvoter 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
Shonnvvabar Report and, if applicable, the Storrnvvoter Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e\ Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, aenuonnm responsibility for maintaining each BK8P. To overcome this
presumption, the landowner nf the property must submit hz the issuing authority olegally
binding agreement ofrecord, acceptable to the issuing authorih/, evidencing that another
entity has accepted responsibility for maintaining the 13MP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(f)through 18(k)wi\h respect to that BN1P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(O through
18(h)with respect to that 8yNP shall be a violation of the Order of Conditions nrCertificate
of Compliance. |n the case ofshormwmhar8N1Pe that are serving more than one lot, the
|eDe||y binding agreement shall also identify the lots that will be serviced by the atornmvvatar
ByNPa. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must besubmitted along with the legally binding
agreement.
D The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
8tormvveberHmndbuok.
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Massachusetts Department mf Environmental Protection Provided byMm»sDEp
Bureau of Resource Protection - Wetlands 242-1808
����� �� � ���� � o� ��~�~
��o ^� Form � �� v�" ��� ��, `������U����ns
ILI
.
Massachusetts Wetlands Protection Act K8.G.Lc. 131. §40 eosp Transaction#
North Andover
CityfTown
C' General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g> The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ooat|on);
2. Make the maintenance log available tuyNaeeDEP and the Conservation
Commission ("Comm|se|on") upon request; and
3. Allow members and agents uf the K4asmOEP and the Commission bo enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h> All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, ebabe. and |Oco| laws and regulations.
i\ Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The etornnvvater management system approved in the Order ofConditions 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(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits)shall not be altered without the prior written
approval of the issuing authority.
|) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects eubientto31OCK8R1Q.O5(l1). the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project thnaahanethe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice nf Intent or modify the project asd|nantedbythenonservaUnn
commission or the Department.
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Massachusetts Department of Environmental Protection Provided uyMauueP:
Bureau of Resource Protection - Wetlands 242'18OO
����� �� � Order � �� ��~�~
��n ^� Form � �� °����� �Dn "�������0ons
Massachusetts Wetlands Protection Act yW.G.L. C. 131^ §40 ebitpTmn000Vun#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |oa municipal wetlands bylaw o[ordinance applicable? 0 Yes 171 No
2. The NurthAndover hereby finds (check one that app|ieo):
Conservation Commission
u. F1 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
2.Citauion
--
Thonefore. vvorkonthiap jaotmaynotgohorwordun|eeeondunU| erevinedNoUoeof
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions iaissued.
b. Z that the following additional conditions are necessary to comply with amunicipal
ordinance orbylaw:
North A d rWetlands ProtectioQ_Pylaw& Regulations Chop. 100
1. Municipal Ordinance o/Bylaw eLseq
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach o text dooumonD:
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department mf Environmental Protection Provided»yMa»»osp
Bureau of Resource Protection - Wetlands 242-1806
����� � � ���� � ^� �~�~
��x �� Form � — v�n *��� ��x `�������Kons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 moEp Transaction#
ILI North Andover
Cityrrown
E. Signatures
This Order iu valid for three years, unless otherwise specified npaspecial 04-01-21
condition pursuant ho General Conditions#4.from the date ofissuance. 1.Date nfIssuance
P|emao indicate the number of members who will sign this form. See Below
This Order must bo signed bya majority nf the Conservation Commission. c. Number ofSigners
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must bm mailed ur hand delivered at the same time hn the appropriate Department uf
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signed by Amy R. Maxner, Conservation Administrator as authorized by the North Andover
Conservation C i km See N
Amy R. Maxner, Conservation
ignature
Signature Printed Name
Loui� Noo|i <�h ir
Signature
Sean K8c0onou h
Joseph L h
Signature Printed Name
John yWabon
ignature Printed Name
El by hand delivery on 0 by certified mail, return receipt
requested, on
04-01-21
Date ootm
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�
�
Massachusetts Department of Environmental Protection pmvmeu by Mm uooP:
Bureau of Resource Protection - Wetlands 242-1800
����� � � Order � Conditions
�mn x� Form � �� v������� ��� ~���������ons
ILI Massachusetts Wetlands Protection Act &4.G.L. c. 131' §4O *oEp Transaction#
North Andover
Cityrrown
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CIVIR 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 ofwritten information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has nn appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by Ma^moEp:
Bureau OfResource Protection - Wetlands 242-18OO
������ � � Order � Conditions
��, x� Form ^� ^� ~��^*�� ��n `�K��=U�Uons
Massachusetts Wetlands Protection Act K8.G.Lc. 131' Q4Q eDEP Transaction#
ILI North Andover
G~ Record~ng Information
Prior to commencement ofwork, this Order VfConditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry'sGrantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also ha noted un the Land Court Certificate of Title of
the owner uf the land subject to the Order uf Conditions. The recording information nn this page
shall be submitted hu the Conservation Commission listed below.
North Andover
nservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
'- � � � � � � � � �
|o:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project ed:
Buxfwnd8 242-1808
Project Location MassDEP File Number
Has been recorded ai the Registry nf Deeds of:
Northern Essex
cnuoty onox Page
for: Peter Breen
Property Owner
and has been noted in the chain Vf title ofthe affected property in:
66 261
Book Page
|n accordance with the Order of Conditions issued on:
04-01-21
Date
U recorded land, the instrument number identifying this transaction is:
|f registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
°nam,°o.d""'rev snv/2mv Page mv/10
Lot 9 Boxford Street (Assessors Map 105A Lot 24) - DEP FILE #242 - 1806
Findings of Fact
Current Project
ject Site Conditions: The 6-acre project site is currently developed with an
existing out building, concrete pads and open cleared areas.
The NACC agrees with the delineation, as modified at the request of the Conservation
Administrator based on field observations, of the following wetland resource areas as
reflected on the approved plan. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests in the Act
and Bylaw.
a. Bordering Vegetated Wetland -Wetland Flags A25-A43; B36-1343; C1-C25
b. 1.00-Foot Buffer Zone to BVW
c. 200-Foot Riverfront Area associated with Fish Brook
d. The property lies within NHESP Priority Habitat. NHESP has approved the
.93-acre building envelope per their January 3, 2008 &February 10, 2021 letters
e. The property lies within the 100-year floodplain (Bordering Land Subject to
Flooding) (Elevation 114 NGVD 29 or elevation 113.2 NAVD 88)
f. The on-site resource areas do not contain known 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 modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
GENERAL CONDITIONS
21. The proposed work includes: demolition of existing out building and associated
concrete pads, construction of a new single family house, deck,walkway, septic
system, driveway, associated grading, utilities and landscaping. Work is within the
100-Foot Buffer Zone to BVW, but outside the 200-Foot Riverfront Area, and 100-Year
Floodplain. Aside from a small section of the driveway,work is outside the 50-Foot
No Build Zone - the applicant requested a waiver which the Commission granted as
alternatives analysis showed no other practical alternatives that keep the house as far
away from the BVW as possible and results in less impact to the buffer zone.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
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Notice of Intent filed by: Peter Breen
c/o The Morin Cameron Group, Inc.
66 Elm Street
Danvers, MA 01923
Project Engineer: John Morin
Site Plan:
• "Sanitary Disposal System Design Plan,Sheet 1 of 2 Lot 9 Boxford Street"
prepared by The Morin Cameron Group, Inc., signed and stamped by
John M. Morin, PE, scale 1"=20', final revision date March 22, 2021;
• "Sanitary Disposal System Design Plan, Sheet 2 of 2 Lot 9 Boxford"
prepared by The Morin Cameron Group, Inc., signed and stamped by
John M. Morin, PE, scale as shown, final revision date March 22,2021;
• January 3, 2008 NHESP letter RE: Project Location: Lots 1-4,7A &9
Ogunquit Road,Boxford Street&Bennet Road, NHESP File No. 07-23693;
• February 10, 2021 NHESP letter RE: Project Location: Lot 4 Ogunquit
Road; Lot 9 Boxford Street Project Description: Construct a single family
home on each lot NHESP Tracking No.: 07-23693;
• Plan of Land in Boxford & North Andover Showing Proposed Building
Envelopes, Lots 1-4, 7A & 9,final revision dated May 14, 2010, prepared
by The Neve-Morin Group, Inc.
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 documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
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.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
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observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
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
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regulations).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
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. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations),
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors.,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
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34. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the`Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
"PRIOR TO CONSTRUCTION
III J
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A check payable to the Town of North Andover shall be provided in the amount of
five thousand dollars ($5,000) which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
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of specific portions of the project for the NACCs review and approval. This condition
is issued under the authority of the local Bylaw.
39. A sign, visible from the street, shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words "Massachusetts DEP,
File Number 242-1806."
40. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Wetland flagging on site shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
43. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall
be properly installed between all construction areas and wetlands as shown on the
plans approved and referenced herein and shall be inspected and approved by the
NACC or its agent prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All additional
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC, they shall be installed within 48 hours of the Commission's request.
44. The applicant/contractor shall have on hand at the start of any soil disturbance,
removal or stockpiling, additional 75 feet of mulch sock and sufficient stakes for
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staking and at least one roll of biodegradable erosion control blanketing and stakes,
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.
45. Dewatering BMP's (dewatering bag, aggregate underlayment) shall be on site prior to
work commencing and inspected by the Conservation Department. A dewatering
area is called out on the plan outside the 100-foot buffer zone and shall be remain so.
All dewatering activities shall be supervised and witnessed by the designated erosion
control monitor. De-watering activities shall be monitored daily by the erosion control
monitor to ensure that sediment laden water is appropriately settled prior to discharge
toward the wetland resource areas. No discharge of water is allowed directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland Bylaw. If other emergency de-watering requirements arise, the applicant
shall submit a contingency plan to the Commission for approval, which provides for
the pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
46. The erosion controls shall serve as the limit of work. Workers should be informed that
no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time.
47. The applicant shall designate a Wetland Scientist
(or other envirom-nental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person 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 with erosion control. The
Environmental Professional will immediately notify the Conservation agent of any
matter that requires attention by the Commission or the agent. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
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all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
49. Prior to construction and in consultation with the Conservation Department,wetland
markers shall be installed at the 25' No Disturb Zone on mature trees or, where
appropriate as determined by the Conservation Department, on weather resistant
posts along Wetland Series A, B and C. Markers shall be spaced at no less than 30 foot
intervals or as deemed appropriate by the Conservation Department. Said markers
shall incorporate the following text on their upland side: "Protected Wetland
Resource Area". 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 Hall. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant. These markers shall remain posted and be replaced as
necessary in perpetuity,
50. Prior to any work commencing on-site, the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
51. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required for
this project, and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note: 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. 71'he applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
X" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
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53. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
55, Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
56. IMPORTANT: Immediately upon completion of installing the foundation, and prior
to further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. [Failure to comply
may result in a stop work order for the site.]
57. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
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anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
58. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness -whichever is most apPlicable as determined
the Conservation Commission or its staff.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded., loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow far seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
60. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
61. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
62. The construction access and all materials stockpiling area is proposed outside the 100-
Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur
on the wetland side of the erosion controls.
63. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50 feet of the edge of BVW.
64. Cement trucks shall not be washed out in any wetland 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.
65. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
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66. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
[AFTER CONSTRUCTION
67. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection Bylaw.
68. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection Bylaw and
shall remain in perpetuity.
69. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
70. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
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.
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74. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - ""Request for a Certificate of Compliance."'
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted With
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number,
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. Check, payable to the Town of North Andover,for Certificate of Compliance filing
fee (inquire with Conservation Department for current fee rate).
j. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional I,and Surveyor) of the
Commonwealth,for the public record. This plan will include:
"As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw,
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC of the Regulations for performance standards within these
zones) The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw (Condition#32);
Resource Area Markers (Condition #49);
Lot 9 Boxford Street(Assessor Nlaip 105A Lot 24) DEP File 1#242-1806 NACC Findings&Special Conditions
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Lot 9 Boxford Street (Assessors Map 105A Lot 24) - DEP FILE #242 - 1806
Discharge or spillage of pollutants (Condition #66);
Prohibition of underground fuels (Condition #67);
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #68 & 69);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #70);
Prohibition of the use of coal tar based products for paving (Condition #72).
Lot 9 Boxford Street(Assessor Map 105A Lot 24) DE11 File 42,12-1806 NACC Findings&Special Conditions
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Lot 9 Boxford Street (Assessors Mal) 1.05A Lot 24) - DEP FILE #242 - 1806
APPENDIX A -AFFIDAVIT
...............—- on oath do hereb)r depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am 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 Commission.
3. 1 hereby affirm and acknowledge that have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this—day of -"—19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions—-------- ------ are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this—day of —--------- 19---,
—------------------(Signature-authorized agent of applicant or owner)
Lot 9 Boxf'ord Street(Assessor Map 105A Lot 24) M'Pile#242-1806 NACC I�iii(iiiigs&,Sl)ecititCoiiclitiotis
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