The URL can be used to link to this page

Home My WebLink About- Permits #242-1813 - 221 WEBSTER WOODS 6/28/2021 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1813 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Transaction# North Andover City/Town A. General Information Please note: North Andover this form has i. From: been modified —conservation Commission with added space to 2. This issuance is for a. Order of Conditions b.171 Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Shahriar Ghandchi Important: a.First Name b.—Last Name When filling —----- out forms on c.Organization the 221 Webster Woods Lane computer, use only the d. Mailing Address tab key to North Andover MA 01845 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. dr---h ...................................................................... --------------------............... rrb a. First Name b. Last Name c.Organization ............... d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 221 Webster Woods Lane North Andover a.Street Address b.City/Town Map 106E Lot 177 -Parcel/LotI I...-I "- --........... c.Assessors Map/Plat Number d.-- -1.11 11 -,-1-Number -1- --- Latitude and Longitude, if known: 42d63m66s -71 dO5m24s d. Latitude e. Longitude wpaform5 doc rev 5/18/2020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided bymoumoeP: Bureau OfResource Protection - Wetlands 242-1813 �� o� �^�~ ��m �� Form .� �� nv�� . �~��K�v�UuUons Massachusetts Wetlands Protection Act K4.G.L. o. 131, 840 mosp Transaction# North Andover A~ General Information (Conf.) *. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex(N.E.R.D.) a.County b.Certificate Number(if registered land) 15460 AU April 29 2921 Juno8 2021 June28 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): Site Plan 221 Webster Woods Lane, C-1 a. Plan Title Civil Design Consultants, Inc. James E Hanley June1 2021 111=20' -i.-Additional Plan or Document Title g, Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review ofthe above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Aud. Check all that apply: o. 0 Public Water Supply b. El Land Containing 8haUh c 0 Prevention of Pollution d. 0 Private Water Supply o. �~ Fiehoriea t [A Protection of Wildlife Habitat O. 0 Groundwater Supply h. Storm Damage Prevention i 0 Flood Control 2. This Commission hereby finds the project, aeproposed. is: (oheoknneofthafo||mmingboxea) Approved subject to: m. 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. °raf=r(no,m='rev a/mr02u Page zof/a 4 Massachusetts Department of Environmental Protection Provided»yM*amDEP: Bureau Of Resource Protection -Wetlands 242-1813 �� Order � Conditions �mu m� Form � �� ~�� " ~��~�U��ons Massachusetts Wetlands Protection Act K8.G.L. o. 131' G40 aocp Transaction# North Andover B. Findings (cont.) Denied because: b. E] the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work un this project maynotgofonwmrdun|onoand 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 |nissued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. Fl 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. Thonafona, work onthis 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 AnYn inbapeata, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per310 CKOR 10'06(6)(c)- 3. �� 8u�*r�ona |mp�uhs� Shor(eatdiotancob�hwe�n |irni�ofp project 04 __ disturbance and the wetland resource area specified in 310CK8R 10.03/1\(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Rep|anarnen! Replacement 4 Bank� Fl�� a�»�aiFne"e«- u�mear feet- -' '-c_nnear neet -' d]meaFfexet--' 5. Fl Bordering --- Vegetated Wetland u.square feet o.square feet n.square feet m.square feet 6. Fl Land Under VVaharbndiegond m.square feet b.square feet o.square feet u.square feet Waterways 7. Fl Bordering Land Subject toFlooding *,square feet u.square feet o.square feet u,square feet Cubic Feet Flood Storage e.cubic weet�- r cubic feet-- g.cubic feet h.cubic feet��- 0. El isolated Land Subject ioFlooding m.nqnomfeet »�o«uanyma, Cubic Feet Flood Storage c.cubic 6ee«-- d.cubic feeu��' e-"ubic feet-- T.cubic feet -- 8. E] RivnrfrontArom a.total sq.feet b.total sq.feet Sqft within 1OOft c.square feet d,square feet e.square feet f.square feet Sqft between 10O- 2UOft Q.square feet x.square feet |.square feet ].square feet ~n"w'°u.doc'rev a1momo Page nm1a 4 Massachusetts Department of Environmental Protection Provided by Mass!DEP: 813 Bureau of Resource Protection - Wetlands Mass 24a s I s 2--1DEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e6 trans—action# North Andover ityfTown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lo. F1 Designated Port Indicate size under Land Under the Ocean, below Areas 11, 171 Land Under the Ocean a.square feet b.square feet c.c/y&e'd"ge d- d.—cly dredged -"— 12. 1771 Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. 1771 Coastal Beaches cu yd cu yd a.square feet b. square feet c.nourishment d. nourishment 14. F] Coastal Dunes cu yd cu yd a.square feet b,square feet c.nourishment d. nourishment 15. 171 Coastal Banks ..a.linear feet b. li n ear-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. 171 Land Under Salt Ponds a.square feet b,square feet c.c/y dredgedf- d.—c/y dredged ' 19. [] Land Containing Shellfish a.square feet b.square feet c.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 Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21, 171 Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. El Riverfront Area fe— a.total sq..Fef- b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f,square feet Sq ft between 100- .....- ----------- 200 ft g.square feet h.square feet i.square feet j.square feet wpaforrn5.doc-rev 5118f2020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided uyMopoosp� Bureau of ReBOUFCe P[OfeCtioD - We[lGOdS 242-1813 �� Conditions ��n ^� Form � —~ ��m �� Du `��x�U�Kons Massachusetts Wetlands Protection Act KA.G.Lo. 131' @40 eoEP Transaction# ILI North Andover B. Findings /coOf.\ ^#23. If the 25 �� Restoration/Enhancement pn4o�iofor � �~ the purpose of restoring or mk enhancing — ''-`-------' square wetland resource area 24. 0 Stream CpoasinQ/o\: io addition to the square footage that u.number"'new stream°"°""'y° ". ^"^'~~' ~''~''a~~^'~'`~ ^'^~~ `'~~~'^'°~ ---- hasbemn C. General Conditions Under Massachusetts Wetlands Protection Act entered in 8octionn.5.0 0B»«w or The following conditions are only applicable to Approved projects. 81T^(SoK Mmmh,)above, 1� Failure bonomp'�with aUnnndiUonastated herein, and with all related statutes and other please enoa/the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property orinvasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, e\ato' or local statutes, on]inmnwsm, by|awm, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is o maintenance dredging project as provided for in the Act; or b. The time for completion has been extended too specified date more than three years, but |eau than five yeare, from the dote 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 aoa special condition in this Order. o. |f the work |m for e Test Project, th|a (]rderofCondiUuneohaUbeva|idfornomno/ethan one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project maybeexhendedfornPe additional year only upon written application by the applicant, subject to the provisions of 310 CK8R 10.05M1>(D. � O. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shaUbeu|aanfiD. AnyhUaheUconhainnotranh. refuse, rubbieh, or debris, including but not limited to |umbar, brioka, plaster, vvina. \edh, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. "p°fo.m5.um'rev m1uo02n Page no/°n 4 Massachusetts Department of Environmental Protection Provided uymoouoep: 242'1813 Bureau of Resource Protection - Wefl8Ud8 ��& � � Order � d� �~�~ m�u �� Form � �� n `��UuUons Massachusetts Wetlands Protection Act K8.G.L. c. 131, Q40 vospTmnsoct|ou# North Andover CityfTown C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have e|apaed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 0. 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 vvhinb the proposed work is to be done. In the nen8 of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior bo 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 242-1813 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before k8aeaDEP. 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 in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing ofa new Notice ofIntent. 15. The Agent Vr members uf the Conservation Commission and the Department nf Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours(o 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. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject tothis Order and to any contractor orother person performing work conditioned by this Order. .w,w.=s.mm'rev m/oumv Page om1u 4 Massachusetts Department of Environmental Protection Provided h9mno*ncp: Bureau of Resource Protection - Wetlands 242-1813 �� Conditions ��n �^ Form ~* —~ Order ��m ��v�UuUons Massachusetts Wetlands Protection Act K8.G.L. o. 131` §40 eocp7m^va^onn* North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start ofwork, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging, Once in place, the wetland boundary markers shall ba maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in avvgt|ond or water body. During construchon, 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 Comrniaaion, 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\ is subject bn the Massachusetts Sbormvvab*rStandards (2) is NOT subject to the Massachusetts StormvvaUarStandards |f the work io subject fo the Sto,nmxvater Standards, then the project is subject hmthe following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the StormwaterPollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit aa required bvSkornlwmter Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BK0Pa) ahaU remain in place until the site ia fully stabilized, b0 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 |n the Certification. For any construction period BN1Ps intended tobeconverted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer' certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of8hnrmnm/oterStandard 10; °pam/maom'rev m1oomv Page r"f/a 4 Massachusetts Department of Environmental Protection Provided»yMaasoEp 242-1813 Bureau of ReGDU[O8 P[Ot8Cti0D - WeflaOdS �� o� �~�~ ��o �� Form � �- ~�" �� K�u "��U�Aons Massachusetts Wetlands Protection Act K8.G.Lc. 131' §4O mosp Transaction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) i/ all post-construction ahornlvvmbar BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; x any vegetation associated with post-construction Bk8Pa is suitably established to withstand erosion. o) 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 naquent)Oy a Certificate ofCompliance, or P@[ha| Certificate of Compliance, the responsible party (defined in General Condition 18(e)\ nhm|| execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the StormvvatarByWPu identifying the party responsible for implementing the ebzrnnvvatarBN1P 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 Vf their ongoing |age| responsibility to operate and maintain the stormwater management BMPS and implement theStormvwabar 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 Sbzrnnvvah*r Report and, if applicable, the Storn)water Pollution Prevention Plan required by the NeUVno| Pollution Discharge Elimination System W1u|ti'Saotnr8enena| Permit. e) Un|aao and until another party accepts responsibility, the |anUowner, or owner ofany drainage easement, assumes responsibility for maintaining each BK4P. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement ofrecord, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BW1P, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements nfConditions 18(M through 18(k)vvith respect tothat BK8P. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)vvith respect to that BKAPshall bee violation of the Order of Conditions nrCertificate of Compliance. |n the case ofmhu[Olw8te[ BK8Pe that are serving more than one lot, the legally binding agreement shall also identify the |uta that will be serviced by the mtorrnvvater BN1Pa. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stonnvvatgrBK8Pn |naccordance with the design p|one. the O&M P|an, and the requirements of the Massachusetts Stnrn1watorHandbook. wam'mo.m=^rev u1no02o Page u"/10 4 Massachusetts Department mf Environmental Protection Provided uymameoep: 242 181J Bureau of Resource Protection - \�/etlaDdsMas- �� Order � �� .�. m�n ^� Form � � `�� u ��K�Kons Massachusetts Wetlands Protection Act M.G.L. C� 131, Q4O noEPTruooa�|om# North Andover C.-Ge-neral 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 nf material and the disposal |uoeUon); 2. Make the maintenance log available hoN1gmsOEP and the Conservation Commission ("Connnnission^) upon request; and 3. Allow members and agents of the K8anoDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h\ All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i\ Illicit discharges ho the stVrnnvwmtar management system as defined in 310 CkAR 10.04 are prohibited. M The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k\ Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(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 nf the issuing authority. |> Access for maintenance, repair, and/or replacement nf8K8Pa 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 subiectto3iOCPNR1O.05(11)^ theapp|ioantoha|| n|ooimp|ementthe monitoring plan and the restoration plan submitted with the Notice of Intent. |fthe conservation commission or Department determines that the Test Project threatens the public hea|th, safety orthe environment, the applicant shall implement the nannova| plan submitted with the Notice of Intent or modify the project am directed by the conservation commission or the Department. wo*,mamm'rev o/*mmo Page nv/10 4 Massachusetts D�� i�n�en�� r�� p��«��: ' Bureau of Resource Protection - Wetlands 242-1813 �� o� ��.�~ �m" o� Form � ~— "�o �� n "��Dons Massachusetts Wetlands Protection Act K8.G.Lc. 131, 040 wanma*imow North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance 1� |sa municipal wetlands bylaw or ordinance applicable? 0 Yes El No a. The NodhAnUovur hereby finds (check one that oppUoe): m. [lthmt(hepn)poaedvvorkoannntbeoondiUnnedtnnmeedthaobandondmmetfurthino municipal ordinance orbylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation__ Therefore, work on this project may not Uoforward unless and until @ revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions iaissued. b. M that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North A U Wetlands Protection Bylaw& Regulations Chapt. 190 I.Municipal Ordinance orBylaw et. seo 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 nf Intent, the conditions shall control. The special conditions relating to Municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text dooument): attached)North Andover Conservation Commission Findings_§�Special Conditions (see Massachusetts Department of Environmental Protection Provided hvMe000ep: Bureau of Resource Protection - Wetlands �� d��~�^�� —�� LI ��n �� u ~� �� " ^� " Conditions 242-1813 Massachusetts Wetlands Protection Act 0N.G.L. c. 131, §40 moEp Transaction# North Andover E. Signatures This Order is valid for three years, uo|euo otherwise specified as eapacia| / condition pursuant to General Conditions#4.from the date of issuance. Please indicate the number of members who will sign this form.This Order must be signed bya majority of the Conservation Commission. u.Number mSigners The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time hm the appropriate Department w/ Environmental Protection Regional Office, if not filing electronically,and the property owner, if different from applicant. S gnat re Printed Name §ilg"nature Printed Name gnature---"" Printed Name Sigkature� Printed Name Printed Name §719-nai6r-e Printed Name Printed Name Fl by hand delivery on )4bymail, rnhunn reoeipt ruqu*nVeo on Date 4 Massachusetts Department mf Environmental Protection Provided t*Meanosp: Bureau Of Resource Protection - Wetlands 242-1813 �� o� ^�~�~ mmm �� Form ~� �� n ^�&�� u ��K��UuUons Massachusetts Wetlands Protection Act &1.G.L. t. 131. §40 eoep Transaction# North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the |ood subject to this Order, or any ten residents of the o|tv or town in which such land is |onoh*d, are hereby notified of their right to request the appropriate K4asnDEP Regional Office to issue e Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail 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 ofthis project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which |nbeing 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 /31OCyNR1O.80>. Tothe extent that the Order|e based onamunicipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. � Nvpaform5.do"`rev sn812mo Page m*n 4 Massachusetts Department Vf Environmental Protection Provided xyma»uosp: Bureau of R8GOU[Ce P[OteC[iOO - WetlaDds 242-1813 �� o� �~*~ �mm v� Form � ~ ��n �� u `��uDons ' Massachusetts Wetlands Protection Act k8.G.Lo. 131, @40 *osp Transaction# ILI North Andover G~ Record~ng Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is |o:ated, within the chain of title of the affected property. In the case nfrecorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name nf the owner ofthe 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 Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation .Conlnnissi��- - _ .' - __ _ _ _ __ T»: North Andover . Please bo advised that the Order 0f Conditions for the Project at 221 Webster Woods Lane 242-1813 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: N.E.R.D. 15460 08 Cuvm\y euux paQm for: ShehriorGhamdohi Property Owner and has been noted in the chain cf title of the affected property in: Page |n accordance with the Order of Conditions issued on: Juna28 2021 Date |frennnded |and. theinatrurnnntnumoberidentih/|n0thimtnanonotionio: J.nst rument Number |f registered land, the document number identifying this transaction is: Document Number w,"*'m^*m'rev m1^umo Page 1om1a 221 Webster Woods Larne - #242-1813 Findings of Fact Current Project Site Conditions: The 1.24-acre project site currently consists of an existing single-family house constructed in 2000, associated driveway, deck with patio underneath, lawn, landscaping and utilities. The project site has been subject to previous wetland permitting with the North Andover Conservation Commission (NACC),which includes the following: 0 MassDEP File #242-816 OOC for the "Campbell Forest" subdivision , OOC governed the construction of the house/lot development, a Partial CofC for this lot was issued. The NACC agrees with the delineation 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 1A - 8A b. An uncertified Ephemeral Pool is located in the A Series Wetland as confirmed by Conservation Department staff having found wood frog egg masses in this pool on April 6, 2021 c. Bordering Vegetated Welland - Wetland Flags 1B - 9B -This wetland contains a potential Ephemeral Pool d. 50-Foot No Disturbance Zone to Ephemeral Pool Habitat e. 75-Foot No Build Zone to Ephemeral Pool Habitat f. 100-Foot Buffer Zone to BVW g. The property does not contain 200-Foot Riverfront Area h. The property does not lie within, but borders NHESP Priority Habitat i. The property does not lie within the 100-year floodplain 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. F GENERAL RAL CONDITIONS 21. The proposed work includes: Demolition of the existing deck and stairs (290 s.f.) and existing patio underneath the deck (400 s.f.). Rebuild a larger 22x17 deck with stairs (390 f.s.) and associated footings (5 sono-tubes within patio footprint), and expanded pervious patio footprint with stairs (11.40 s.f.) leading to north side of the house and driveway - the new deck and patio have been configured to utilize the existing; 221 Webster Woods DET File#242-1813 NACC Findings&Special Conditions Page I of 12 221 Webster Woods Lane - #242-1813 footprint of the existing patio and then expansion of the deck with stairs and patio will be to the north outside the 75' No Build Zone to Ephemeral Pool habitat. No work is proposed within the 50' No Disturb Zone to Ephemeral Pool habitat. All work is within existing disturbed landscaped areas or manicured lawn. 22. The Commission finds that the work will have no detrimental impact on the Ephemeral Pool resource area values as the existing footprint of the patio will not be expanded into the 75' NDZ, and all expansion of the pervious paver patio and deck will be outside this protective zone. 23. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Shahriar Ghandchi 221 Webster Woods Lane North Andover, MA 01845 Wetland Consultant: Norse Environmental Services, Inc. Project Engineer: Civil Design Consultants, Inc. Site Plan: • "Site Plan, C-1 - 221 Webster Woods I-ane", prepared by Civil Design Consultants, Inc., scale 1"=20', signed and stamped by James E. Hanley, final revision date June 1, 2021. This plan includes a detail of the paver patio, deck and filter sock erosion control; • Cover Letter, re: plan revisions, prepared and signed by James E. Hanley, dated June 1,2021. 24, 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. 25. 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. 26. 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. 221 Webster Woods DFP File#2,12-1813 NACC Findings&Special Condi(ions ])age 2 of 12 221 Webster Woods Lane - #242-1813 27. 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, observations, and/or materials, or may require the submittal of any data of 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. 28. 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. 29. The work authorized hereunder shall be completed within three years from the date of this order. 30. 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) 12rior to the expiration date of the Order. (Refer to Section 8.3) of the North Andover Wetland Regulatiom). 31. 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. 32. 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. 33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a fifty (50') No-Disturbance Zone and a seventy five foot (75') No-Construction Zone shall be established from the edge of the adjacent wetland resource area containing an uncertified Ephemeral Pool. 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). 221 Webster Woods DEP File#242-1813 NACC'Findings&Special Conditions Page 3 of 12 221 Webster Woo(Is Lane-#242-1813 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from.failure to comply with its conditions. 35. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded, in its entirM 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. 39. A check payable to the Town of North Andover shall be provided in the amount of one thousand dollars $1,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North 221 Webster Woods DET File#242-1813 NACC Findings&Special Conditions Page 4 of 12 221 Webster Woods Lane - #242-1813 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 of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 40. 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 242-1813." 41. Prior to construction, the area of yard waste dumping just upgradient of WF's 3B &4B shall be removed and disposed off site. The Conservation Administrator shall have the discretion to require re-seeding the footprint of this disturbed area. Any future landscape composting shall be outside of the 50' No Disturb Zone to the Ephemeral Pool. 42. Prior to construction and consultation with the Conservation Department, the edge of the 50' No Disturb Zone shall be monumented with 4x4 pressure treated posts bearing wetland markers spaced at a 30-foot interval for a total of eight (8) posts.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. 43. Prior to construction, the limit of the 75" No Build Zone shall be instrument surveyed and staked/marked in the field. Said stakes shall be preserved throughout the project. 44. 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. 45. 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 221 Webster Woods DDT File#242-1813 NACC Findin�s&Special Conditions Page 5 of 12 221 Webster Woods Lane-#242-1813 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 46. 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. 47. 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. 48. The applicant/contractor shall have on hand at the start of any soil disturbance, removal or stockpiling, additional 25 feet of mulch sock and sufficient stakes for staking covered from the elements, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 49, 17he 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. 50. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person 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 221 Webster Woods DELI File/12,12-1813 NACC Findings&Special Conditions Page 6 of 12 221 Webster Woods Lane - #242-1813 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. 51. 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, 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. 52. 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. 53. 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. 54. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC, prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 55. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or 221 Webster Woods INT File H242-1813 NACC Findings&Special Conditions PaKe 7 o1'12 221 Webster Woods Lane - #242-1813 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 J1 56. 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 Conu-nission. 57. 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 58. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 59. Any fill used in connection with this project shall be clean fill., containing no trash., refuse, rubbish or debris, including but not limited to lurnber, 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 orizi or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 221 Webster Woods DFP File#242-1813 NACC Findings&Special Conditions Page 8 of]2 221 Webster Woods Laiie - #242-1813 60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loaned, 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 for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 61. 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. 62. 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. 1 63. 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. 64. 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. 65. Cement trucks, if any, 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. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67. 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 J 221 Webster Woods DEP File 11242-1813 NACC Findings&Special Conditions Page 9 of 12 221 Webster Woods Lane- #242-1813 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 69, Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 50 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 70. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 50-foot No-Disturb Zone. This condition shall remain in perpetuity. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 73. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. 221 Webster Woods DID File#242-1813 NACC Findings&Special Conditions Page 10 of 12 221 Webster-Woods Laite-#242-1813 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 Land Surveyor) of the Comn-ionwealth, 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 anv disturbance of soils or vegetation. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ,o- 50' No-Disturbance Zone and a 75' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #33); Resource Area Markers (Condition #42); Discharge or spillage of pollutants (Condition #67); Prohibition of underground fuels (Condition #68); Yard waste/compost management (Condition #41 & 71); ➢ Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #69 & 70); Prohibition of the use of coal tar based products for paving (Condition #73). 221 Webster Woods DELI File#242-1813 NACC Findin.-s&Special Conditions Page I I of 12 221 Webster• Woods Lane- #242-1813 APPENDIX A - AFFIDAVIT 11 ---------_--_ on oath do hereby depose and state: (authorized agent applicant and/or current owner) WL EASE E CHECK AT LEAST ONEBLOCK) 1 T ani 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 arn 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-clay of.......... 19 -------------------- (Signature-authorized agent of applicant or owner) 221 Webster Woods L)1-T File 8242-1813 NACC I-'iii(iiiigs&,Sl)ecit]Coii(liticrii.s 11,%,e 12 of 12