HomeMy WebLinkAbout- Permits #242-1821 - 217 GRAY STREET 7/20/2021 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1821
WPA Farm 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
CityfTown
A. General Information
Please note: North An .From: . _.._.......
been modified Conservation Commission
With added 2. This issuance is for
space to a.® Order of Conditions b.❑Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Paul & Lillian Miller
a.First Name b.Last Name
Important:
Whenfilling _.._.._.._.__.._..____.__..................._... .._...... ..........._-....____
out forms on c.Organization
the 217 Gray Street
computer, .... _ .. _ .._.
use only the d.Mailing Address
tab key to North Andover MA 01845
move your e,CityfTown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
rob a. First Name b. Last Name
—------------- -------------------- -------- —....................................................
c.Organization
renm -------
d.Mailing Address
e.Cityfrown f.State g.Zip Code
5. Project Location:
217 Gray Street North Andover
.— — — .... 1--.......................
a. Street Address b.Cityrrown
Map 107D Lot 112
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d63m3730s 71d09m4430s
d. Latitude e.Longitude
vipaform&doc-rev 5/18/2020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided byMmn»oeP:
242-1821
Bureau 0f Resource Protection - Wetlands
����� � � ���� � Conditions
mmn x� Form � �� ,�m ��� ��u °�����UuDons
Massachusetts Wetlands Protection Act M.G.L. o. 131. &40 oo&Tnunomahvn#
North Andover
A, General Information /cODt.\
V. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
a.co�riFy _ b.Certificate Number(if registered land)
5757 256
c.Book d. Page
May �7 2021 July 14 2021 July 2O 2O21
7. Dates: a. Date N6tice_o_f"lf"fen_t-Filed _676'a"t,e Public Hearing Closed c. D a t e,
8. Final Approved Plans and Other Documents kn#aoh additional plan or document references
as needed):
Plan of Land i North And MA217 Gray 8traed
a.Plan Title
MerrimackEi i 8 e r Yi Ste.phen 8te i hoi
b.Prepared By c.Signed and Stamped by
June 14 2021 111=20'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
B. Findings
1� Findings pursuant hathe 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 uf the Wetlands
Protection Act(the Aot). Check all that apply:
m
Prevention of
�� Public h �� Land �
� �� � �� Pollution
t d. �� Private VVatarSupply m. �� Fisheries �� Protection of
VVi|d|iK* Habitat
A. M Groundwater Supply h, E Storm Damage Prevention i M Flood Control
o. This Commission hereby finds the project, ae proposed, is: (check one of the following boxes)
Approved subject to:
u M 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.
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Massachusetts Department of Environmental Protection Provided byMam*oEP:
Bureau Of Resource Protection -Wetlands 242-1821
����� � � Order � Conditions
��m w� Form � ~~ .������ ��u "�����U�Uons
Massachusetts Wetlands Protection Act M.G.L. o. 131' §40 eosP Transaction#
North Andover
B. Findings (cont.)
Denied because:
h. [:1 the proposed work cannot be conditioned tn meet the performance standards set forth
in the wetland regulations. Therefore,work on this project may not Qoforward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
o. 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.
Therefore, work on this project nomynotOufnnwurdun|eooandunti| areviaedNotioenf
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Aot'o inhamantn, and o final Order ofConditions is issued. /\
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CK8R18.O6(8)(o).
3. Z Buffer Zone Impacts: Shortest distance between limit ofproject 71.06
disturbance and the wetland resource area specified in31OCK8| 10.02/1\(a) ajmear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
A|hanaUnn Alteration Replacement Replacement
4 F� Bonk� �� �������-- �jo��r6�u—' .c.linear fe,et-- d_linear feet--
s. Fl Bordering
Vegetated Wetland a.square feet h.square feet o.square feet o.square feet
V. 171 Land Under
VVeterbndieeood a.square feet b,square feet o.square feet d.square feet
Waterways
7. 171 Bordering Land
Subject hoFlooding a.square feet u.square feet o.square feet u.square feet
Cubic Feet Flood Storage ����x��et��- '.cubic feet
-- Th.cubic feet--
8. [J Isolated Land
Subject toFlooding m.square feet uuvome«
Cubic Feet Flood Storage c.cubic feet-- d.cubic meet-�- ,e.cubic feet-- f,cubic feet--
V. El RiverfrontAreo
a.total sq.feet b.total sq.feet
Sqft within 10Oft
c.square feet d.square feet e,square feet f.square feet
Gqft between 1OO-
2OOK g-oquorefeet h.square feet |.square feet 1.square feet
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Massachusetts Department of Environmental Protection Provided hyMosmoep:
Bureau of Resource Protection - Wetlands 242-1821
����� � � ���� � d� ��~�~
��n x� Form � — ~�u ^u�� ��n "������U�Kons
Massachusetts Wetlands Protection Act M.(S.L. C. 131, Q40 ooep Transaction#
North Andover
B. Findings /coDt.\
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10 Designated Port
� �Fl� Indicate size under Land Under the Ocean belowAreas '
11. El Land Under the
Ocean a.square feet b.square feet
12
Indicate size under Coastal Beaches and/or Coastal Dunes
� ��l� Barrier Beaches ba|nvv
13, El Coastal Beaches ou d oud
a.square feet b.square feet c,nourishment d. nourishment
14. El Coastal Dunes oud ~`
yd
a.square feet b.square feet c.nourishment d. nourishment
15. �� Coastal�� a. linear feet — l���a-r��--
16. Fl Rocky Intertidal
Shores a.square feet u�equmnawmot
17. [l Salt Marshes
a.square feet b,square feet c.square feet d.square feet
1& 11 Land Under Salt
Ponds a.square feet ».square feet
19. E] Laud Containing
Shellfish m.square feet b.square feet o.square feet u.square feet
28. n Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVaberbodienand
Waterways, above
21. F] Land Subject ho
Coastal Storm a.square feet' square feet
Flowage
22. Fl RiverfrontAnaa
Sqftwithin 100ft
c.square feet d.square feet e.square feet f.square feet
Sqk between 1OO'
208ft 8.square feet h.square feet i.square feet ).square feet
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K8aaaauhuaeibs Department wfEnvironmental prmtmot|mn Provided hyMn ooep
Bureau Of Resource Protection - Wetlands 242-1821
����� � � Order � Conditions
��m v� Form � — "������� ��" `����^�Uu0ons
Massachusetts Wetlands Protection Act M.G.L. o. 131. G40 emEp Transaction#
North Andover
CityfTown
B. Findings (cont.)
°#23. |f the 23 Fl Restoration/Enhancement
p^�o�iofor
� ��
the purpose of
restoring or
enhancing —square feet--''' b.squaresalt
marsh
wetland
resource area 24. El StnyamCnossing(o):
in addition tu
the square
footage that u.number of new stream crossings number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Gedionm.5.c
(BK8m)*r The foUuxvin� condiUonaare only applicable to ,�pprmvedp projects.
817.v�aU
Marsh)above, 1. Failure h000nnp|y with aUowndihonastated herein, and vvithall na|oh+do�duhenand other
please enter
regulatory measures, nheUh�d�ennadooumehorevoknornnodifvthis (]rder
the additional ` ' .
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury toprimabepropedyorinvaeionofpdvahmrights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either nfthe following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more 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 aaa special condition in this Order.
c. |f the work in for a Test Project, thieDoderofCnndiUongshaUbova\idfVrnomnVnetheD
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 o Test Project mnaybe extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CIVIR 10.05(11)0).
6. 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 im connection with this project ahaUbeo|aonfUiAnyfiUohmUuontoinnotnaeh.
rafuae, rubbish, or debris, including but not limited to |umber, bhcks, p|maber. vvine. |oth,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided hyMan«DEP:
Bureau of Resource Protection - Wetlands 242-1821
����� � � Order � Conditions
��m �� Form ~, -- ���v�V�� ��u ��K���v�Uu�ons
Massachusetts Wetlands Protection Act N1.G.L. c. 131. §40 eoEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order ie not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
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 Filial 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 dome. In the case of the registered land, the Final{)n1er
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 Deedu, prior to the commencement of work.
10. A sign shall be displayed ot 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 242-1821 ^
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 K8assDEP.
12. Upon completion nf the work described herein, the applicant shall submit a Request for
Certificate of Compliance /VVPA Form 8A\ ho 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 or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission ur 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 by MmmoEP:
Bureau Of Resource Protection - Wetl@Ods 242-1821
����� � � Order � �� �~�~
��u w� Form � — ~������ ��w `������U�Uons
Massachusetts Wetlands Protection Act &1.G.L. c. 131' §4O eoEp Transaction#
NorthAndover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and |f the project invo|veavvorkadiecenttuaBon]ehngVegetahed
Welland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During oons(rundon, the applicant or his/her designee
shall inspect the erosion controls ona daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion p/ob|onoo that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention onntno|n it may deem
necessary. Sedimentation barriers shall serve aa the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the"P jaoy')
(1) io subject to the Massachusetts GhJ[[OVVaterStandards
(2) Z is NOT subject hothe Massachusetts 8tormvvaterSbandardm
K the work ie subject tnthe Stornrxvater Standards, then the project is subject to the
fmOmxo|n0 conditions:
o> All work, including site pnapmnaUnn' land dimturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stonnvwabyr Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by SbornlwmherCondiUon 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
/BW1Ps\ shall remain in place until the site ie fully stabilized.
b) No stormvmabar runoff may be discharged to the post-construction stormwmber BW1Pm
unless and until a Registered Professional Engineer provides a Certification that:
i all construction period 8W1Po have been nanoovad or will be removed by a date certain
specified in the Certification. For any construction period BK8Ps intended to be converted
to post construction operation for otorrnvvab*rattenuation, reohmrge, and/or treatment, the
conversion is allowed by the KAossDEP Stormvvotar Handbook BK8Popnnifinotiono and that
the BK4P has been properly cleaned or prepared for post construction openatiun, including
nanoova| of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BK4P plans are inm\uded, signed and stamped by a Registered
Pvuhoemiona! Engineer, certifying the site |e fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements nfShormvvater Standard 1Q;
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Massachusetts Department mf Environmental Protection Provided hyma*eoEp:
Bureau of Resource Protection - Wetlands 242-1821
����� � � ���� � ^� ��.�~
mwu o� Form � — .�nmu�� ��m ~.�����uUons
Massachusetts Wetlands Protection Act K8.G.Lc. 131' §4O voEP Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
i/ all post-construction eh>rnnvvaterBK8Poare iOeb3||ed in accordance with the plans
(including all planting plans) approved by the issuing authorib/, and have been inspected to
ensure that they are not damaged and that they are |n proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
n) 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
an Operation and Maintenance Compliance Statement("O&M 8b*hemant\ for the
8hnrmwaherBK8Puidentifying the party responsible for implementing the atornmvvoterBK4P
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
|.> the (}&K8 Plan is complete and will be implemented upon receipt ofthe 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 Sturmvveher 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
Stormwater Report and, if applicable, the Stormwater 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, assumes responsibility for maintaining each BK8P. TV overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement ofrecord, onnepbmb|e to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(f)through 18(h)w|th respect b» that BK8P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
10(k)with respect to that BPNP shall be a violation nf the Order uf Conditions orCertificate
of Compliance. |n the case ofstormvvoterBW1Pe that are serving more than one lot, the
legally binding agreement shall also identify the lots that will bo serviced by the etormvvah*r
B[WPs. 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.
0 The responsible party shall operate and maintain all atormnvvater BMPa in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
StorrmwabarHendbnVk.
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K0�e�mohu��th� �����nm�ntm��nvinonrnentm| Prot�ctiwn pm«�*d bymanaoo�
242-1821
[]UR]aUOf [�eGOU[Ce ��[Of8UfiOD - \��/tl@Dds
����� � � Order � �� ��~�~
m�" o� Form � �� ����*��� ��w "����^uUuUons
Massachusetts Wetlands Protection Act K8.G.L. C. 131. G40 eoeprmonmmiuu#
Li North Andover
Cityrrown
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 |omation);
2. Make the maintenance log available hoN1eoeDEP and the Conservation
Commission ('Cnnnmiamion") upon request; and
3. Allow members and agents of the PNaonDEP 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 to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
') The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval nf 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 |mpooi 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 oubienttn31OOMR1O.O5(11). theappUcantnhaUa|soimp\ementthe
monitoring plan and the restoration plan submitted with the Notice of|nbanL If the
conservation commission orDepartment determines that the Test Project Nhreateoathe
public health, safety or the environment, the applicant shall implement the removal plan
Submitted with the Notice of Intent or modify the project as directed by the conservation
commission Vr the Department.
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Massachusetts Department pf Environmental Protection Provided uymasooEp
1821
Bureau of ��es0U[C8Protection - V�8tl@OdS 242'
����� � � Order � �� �.�~
m�n �� Form *x —~ ���^���� ��o ����k�x�D�Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 *ocPvwnmamion�
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw 0[ordinance applicable? 0 Yes Fl No
2. The North Andover hereby finds (check one that app|iao):
Conservation Commission
u, 171 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation__
Therefnre, work on this project may not gnforward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions ioissued.
b, E that the following additional conditions are necessary to comply with amunicipal
ordinance orbylaw:
North Andover Wetlands Protection Bylaw& Regulations Chapt. 190
1Munioipm|Ordinmnoeorey|mx ec se¢
s. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. Tbthe extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice uf 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 donurnenU:
North Andover Conservation Commission Findings & Special Conditions attached)
4
Massachusetts Department nf Environmental Protection Provided byMno»oEp:
Bureau Of Resource Protection - Wetlands 248-1821
��K���� K� �� ���^� � Conditions
----- ' —''
��n x� Form � ~ v�x ����� ��n "����^*�wU��K��
Massachusetts \86eUmDdo Protection /\Ct M.G.L. u. 131' 848
ILI North Andover
E. Signatures
This Order is valid for three years, unless otherwise aaaspecial �
condition pursuant h»General Conditions#4.from the date nfissuance. 1. Date ofIssuance
Please indicate the number of members who will sign this form.
This Order must be signed bya majority mf the Conservation Commission. 2. Number u[Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
'--SiOn0ure Printed Name
Signature,----- Printed Name
,~ ow"/muwv Printed Name � )
Prin
Signatu 4 -Printed Name
Signature Printed Name
Signature Printed Name
Fl bv hand delivery on bv certified mail, return receipt
requested, on
wpmformamoc^rev m1mumo page 11m10
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Massachusetts Department nf Environmental Protection Provided byMmanoep:
182�
��UFe@UOf ��8GDU[Ce Protection -\�8fl8OdS 242-
����� � � ���� � ^� �.*.
m�u w� Form � �� "�n ��� ��u "�����K��ons
Massachusetts Wetlands Protection Act K8.G.L. c. 131, §40 aospTmnoammn#
ILI North Andover
Cxp/p=n
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 hen residents of the city or town in which muoh 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 Fornn, as provided in 310CKAR 10.D3(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 nfthis 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 e 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
thoK8eaaachuoe#nVVedandaPrnhaoUonAot(K8.{).L. o. 131. 84O). andiainounaistentvviththe
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 no appellate jurisdiction.
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Massachusetts Department mf Environmental Protection Provided uymassoap:
Bureau of Resource Protection -Wetlands 242-1821
������ � � Order � «� .�~�~
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Massachusetts Wetlands Protection Act K8.G.Lc. 131. §40 eoep Transaction#
ILI North Andover
G~ Record~ng Information
Prior h/commencement of work, this Order of Conditions must he recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission |im(md below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Cunl�ni��iV�._ _ _ _ _' _ _ _ — ' ' ----------------
To:
North Andover
Please be advised that the Order of Conditions for the Projectat:
217 Gray Street 242-1821
Project Location MassDEP File Number
Has been nsnnnded at the Registry ofDeeds of:
N.E.R.D. 5757 256
County uuox Page
for: Paul & Lillian Miller
Property Owner
and has been noted in the chain of title of the affected property in:
Gook Page
|n accordance with the Order of Conditions issued on:
July 20 2021
Date
|f recorded land, the instrument number identifying this transaction is:
If nagiabenad |and, the document number identifying this transaction is:
217 Gray Street - DEP FILE # 242 -1821
Findings of Fact
Current Project Site Conditions: The 1-acre project site currently consists of an existing
single-family house constructed in 1985, associated septic system, sheds, driveway, deck,
lawn, landscaping and utilities.
The project site has no previous wetland permitting on file with the North Andover
Conservation Commission (NACC).
The NACC agrees with the delineation of the following wetland resource areas as reflected
on the approved plan, as delineated by Wetlands & Land Management. 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 (BVW) - Wetland Flags A1.-A14
b. 100-Foot Buffer Zone to BVW
c. The property does not lie within NHESP Priority Habitat
d. The property does not lie within the 100-year floodplain
e. The on-site resource areas do not contain certified or potential vernal pools
based on NHESP mapping.
Therefore, the NACC hereby finds that the following conditions are necessary., in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
GENERAL CONDITIONS
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21. The proposed work includes: Demolition of an existing rear enclosed porch, deck and
stairs, construction of a rear addition, new deck and stairs with hot tub and patio. The
work is Work is within the 100-foot buffer zone to BVW at 71' 6" from the wetland at
its closest point and within maintained lawn area. All work is outside the 50-Foot No
Build Zone. *Note: There is a section of BVW between Wetland Flags A10 and A14
that is currently being mowed and maintained as lawn- this practice shall cease per
Special Condition #49 below. The NACC voted to allow for a reduced No Disturbance
Zone of 12.5 feet in width strictly for the purposes of allowing the applicant to
maintain some of the lawn area which had been historically maintained prior to
applicant's ownership of the property. **It should be noted that for all other purposes
the No Disturb Zone is a full 25-Feet in width prohibiting any other type of
disturbance.
217 Gray Street DEP File B242-1821 NACC Findings&Special Conditions
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217 Gray Street - DEP FILE # 242 -1821
22. 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: Paul &Lillian Miller
217 Gray Street
North Andover, MA 01845
Project Engineer: Stephen Stapinski
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Wetland Consultant: William Manuell
Wetlands & Land Management
100 Conifer Hill Dr Suite 516
Danvers, MA 01923
Project Representative/Contractor: Matthew Murphy
M.P. Murphy Builders, LLC
23 Enu-nonsdale Road
West Roxbury, MA 02132
Site Plan:
• "Plan of Land in North Andover, MA", prepared by Merrimack
Engineering Services, signed and stamped by Stephen Stapinski, scale
V= 20', dated June 14, 2021.
• "Plan of Land in North Andover, MA", prepared by Merrimack
Engineering Services, signed and stamped by Stephen Stapinski, scale
1"= 20', dated June 14, 2021 - Annotated by the applicant to show the
reduced No Disturb Zone of 1.2.5 feet for purposes of mowing an area of
historic lawn.
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.
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217 Gray Street - DEP FILE # 242 -1821
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,
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
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217 (fray Street - PEP FILE #242 -1821
vegetation is permitted in the No-Disturbance zone. (See Sectioii 3,4 &Appetidix F of t1le
local Regulatiom).
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.
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
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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.
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38. A check payable to the Town of North Andover shall be provided in the amount of
one thousand five hundred dollars $1,500 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
of specific portions of the project for the NACC's 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 242-1821."
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 1.2" 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
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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 25 feet of mulch sock and sufficient stakes for
staking covered front 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. 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.
46. The applicant shall designate a Welland Scientist (or other enviromnental 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.
47. 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.
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48. Prior to construction, and in coordination with the Conservation Department, the limit
of the reduced No Disturb Zone (12.5 feet in width) as noted on the Annotated plan
received at the July 14, 2021 meeting, shall be monumented with wetland markers
mounted on 4x4 pressure treated posts (or other weather resistant material). Said
posts shall be installed at 30-foot intervals, for a total of not less than eight (8) posts
with markers. Top of posts shall be at least 2 feet above grade. 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.
49. Mowing of the wetland between Wetland Flags A10 and A14 and the buffer zone on
the wetland side of the markers shall immediately cease and these areas allowed to
grow back naturally. This condition shall be on-going and survive beyond the
issuance of a Certificate of Compliance.
50. Prior to any work corrunencing 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. 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.
217 Gray SUM DEP File 11242-1821 NACC Findings&Special Conditions
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217 Gray Street - DEP FILE 4 242 -1821
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).
ISTORMWATER MANAGEMENT CONDITIONS J1
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 of any 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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217 Gray Street - DEP FILE # 242 -1821
anticipated to be done over the next period. This will update the construction
sequence and can be a part of the weekly erosion control reports.
58. Should de-watering activities be anticipated or prove necessary, means and methods
shall be reviewed and approved by the Conservation Department and shall be
proposed outside the 100-Foot Buffer Zone. All dewatering activities shall be
supervised and witnessed by the designated erosion control monitor. De-watering
activities shall be monitored daily by the erosion control monitor to ensure that
sediment laden water is 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 Conn-nission for approval,which provides for the pumped
water to be contained in a settling basin, to reduce turbidity prior to discharge into a
resource area.
59. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, 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 by
the Conservation Commission or its staff.
60. 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 bay 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.
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.
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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 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 of 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
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 Welland protection Bylaw.
69. 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 wet-land 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 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
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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 NRCS 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.
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
Corm-nonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & storrnwater
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.
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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:
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 #48);
➢ Cease mowing of wetland and of buffer zone on wetland side of markers
(Condition #49);
Discharge or spillage of pollutants (Condition #67);
Prohibition of underground fuels (Condition#68);
Limitations on the use of fertilizers,herbicides, sodium based de-icing
compounds and pesticides (Conditions #69 &70);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #71).
Prohibition of the use of coal tar based products for paving (Condition#73).
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217 Gray Street - DEP FILE # 242 -1,821
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I 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 inimber)
the North Andover Conservation Commission.
&/or
2.—---- I 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.......I 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)
217 Gray Street DEI'Bite fi242-1821 N/\(,Cf,iii(lijigs&Speciztt(.*oii(litions
page 13 ot'13