HomeMy WebLinkAbout- Permits #242-1819 - 255 STEVENS STREET 8/17/2021 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands Mass
24as.2-so E.P1819 File#
WPA Form 5 — Carder 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 2, This issuance is for
spaceto modate (check one): a. Order of Conditions b. El Amended Order of Conditions
accom
the Registry
of Deeds 3. To: Applicant:
Requirements
Mary Susan &Thomas Howlett
a.FirstName b Last Name
Important:
When filling
out forms on c.Organization
the 255 Stevens Street
computer, d.Mailing Address ........... ................... . ........
use only the
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.
V`1541-� -- ——----------------------
�A a.First Name b. Last Name
c.Organization
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
255 Stevens Street North Andover
a.Street Address b.City/Town
Map_95__ Lot 72
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: d m s d m s
—j". Latitude e.e.Longitude
vtpaform5.doc-rev 5118/2020 Page 1 of 13
4
Massachusetts Department of Environmental Protection provided by»assoEP:
Bureau of Resource Protection - Wetlands 242-181A
ile
������� U� �� ���x� � Conditions
�—������ — '
mmo �n Form ~� ~� �~n .���� K�� ������x�UuNons
Massachusetts Wetlands Protection Act W1.G.LC. 131. G40 eoep Transaction#
North Andover
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
N.E.R.D.
a.County b.Certificate Number(if registered land)
16648 18O
J Au md17 2021
c.Book d. Page
a.Date Notice of Intent Filed b. Date Public Hearing Closed c,Date Of Issuance
7� Dates: — '~
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Proposed Pool prepared for M.S. &T. Howlett
a. Plan Title
Plaistow Consultants Daniel Johnson
b.Prepared By c.Signed and Stamped by
J 1°=2U'
T'_Ad6itJo'na_1'_P_1a_n or Document Title g. Date
|�. Findings
�~n=^�U^
~. ngs
1, Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice ofIntent 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 ACU. Check all that apply:
a. Public b �l Land Prevention of
�~ � �� Pollution
f Protection of
d� �� Private o �� Fisheries � ��
�~ � ���~ Wildlife Habitat
g. Groundwater Supply b. Storm Damage Prevention i. 0 Flood Control
2. This Commission hereby finds the project, mspnopound` is: (nheokoneofUhefo||owingboxes)
Approved subject to:
m. Z 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.
~n"m,"m,doe'rev m1mzom Page zw1a
4
Massachusetts Department of Environmental Protection pmvmvd by MamnoEp:
242-1810
Bureau 0f Resource Protection -Wetlands
������� �� �� ���^� � Conditions -_ ��_ _ '
��" �� m ����� ~� �� ��x ^*��� ��'
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 nbEPTmooaoUnn#
North Andover
ityrrown
B. Findings (cont.)
Denied because:
b, El the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project maynotgofonmondum|essund
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Aot.and m final Order of Conditions in issued. Adwmcrip1ion of
the performance standards which the proposed work cannot meet |s attached bothis
Order.
o, Fl the information submitted by the applicant im not sufficient todescribe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate toprotect the Aot's interests, and a final Order of Conditions |n issued. /\
description mfthe specific information which iw lacking and why |tim necessary ia
attached to this Order as per31O C08R 10.05(6)(c).
3. M Buffer Zone Impacts: Shortest distance between limit ofproject 51'
disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a-«near feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4 Bank� ���� a. linear feet-- b.linear feet- c.linear feet
-- vjmearnee«��
a. 171 Bordering
Vegetated Wetland m.square feet b.square feet- u.oquana«mat d.square feet
$. Fl Land Under
\8aterbudiea and m.square feet h.square feet o.square feet d.square feet
Waterways
T n Bordering Land
Subject toFlooding a.nqmmvo/net b.square feet o.square feet d.square feet
Cubic Feet Flood Storage e.cubicneet -' l.cubic feet-- g.cubic feet h.cubic feet--
O. [:l Isolated Land
Subject toFlooding m.square feet b.square feet
Cubic Feet Flood Storage
����— ����— ��mm��- u^�m�--
9. El RiverfnontArea
a.total sq.feet b.total sq.feet
Sq#within 1O8ft
c.square feet d.square feet e.square feet f.square feet
8qft between 10O'
200ft g.square feet h.square feet i square feet j.square feet
~r"mrmn»oo'rev y1wzmo Page^w1^
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1819
F"i ,
WPA Form 5 - Order of Conditions W s s D-E-P" -Ie-#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
;.................6
ity/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. 171 Designated Port Indicate size under Land Under the Ocean, below
Areas
11. EJ Land Under the
Ocean a.square feet b.square feet
--c c/y dredgeddre d g-ed— d.—c/y dredged
12. E] Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. El 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 a-.—nourishment
15. El Coastal Banks a. linear feet -6.-linear feet
M n Rocky Intertidal
Shores a.square feet b.square
17. El Salt Marshes —-------
a.square feet b.square feet c.square feet d.square feet
18. 11 Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged cl.c/y dredged
19. 171 Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. F1 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, n Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. 1771 Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft ............
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet I.square feet
wpaforrn5 doc rev 6/18/2020 Page 4 of 13
4
Massachusetts Department mf Environmental Protection Provided hymamaosP:
Bureau Of Resource P[0f8{tiDD - W8tl@OdB 242'1O19
����� � � ���� � �� �~�~
��o �� Form ~� �� ��nv�K�� ��n ~�����v�UuUons
Massachusetts Wetlands Protection Act M.G.L. c. 131. G40 moePTrmooamion#
NodhAndover
B. Findings (cont.)
^#23, |(the 33 �� Restoration/Enhancement
pn�muximfor
� �~
the purpose of
restoring /
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland
resource area 24. 171 sKreamCromain0(s):
m addition to
the square
----------
footagetha1 o.number m new stream crossings o.number m replacement stream crossings
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
8nctionB.S.o
(gVVV)or
The fmUom/1n� uwnd|donsare on|ymp9|iomb|etm/lp�rnvad �projects.
'-x '
Marsh)above, 1� Failure hzoonnphv�UhoUnondiUnnn stated hnr�n, and with
h � na|abedebandaeondother
please enter
^
the additional regulatory measures, shall ba deemed cause tn revoke nr modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury hnpriwabapnopertyorinvoa|onofpdvaharighta.
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 atatutee, ordinances, 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:
o. The work is o 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|agm 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 eoa special condition in this Order,
o. If the work ia for o Test Project, thisOrdorofCondiUoneaho|| bevaUdfornomorathmn
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 nmaybe extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CK4R 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 |n connection with this project shaUbmdeanfiU. AnyfiUohaUoonbainnohomh.
r*fuaa, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, |ath,
paper, oovdboard, pipe, tines, ashes, nahigmnatora, motor vehicles, or poda of any of the
foregoing.
"p"m,mo.u"°'rev 511mzmo Page o",1n
4
Massachusetts Department of Environmental Protection Provided uymaemmeP:
Bureau Of Resource Protection - Wetlands 242-1810
����� � � ���� � ^� ^�.�~
m�n �� Form ~� �� ��m^���� ��" �+����v����ons
Massachusetts Wetlands Protection Act Kn.G.L. C. 131. §40 aocp Transaction w
North Andover
C. GeneKal Conditions Under Massachusefts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been bakan, 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. /n the case of recorded land, the Final Order mhoU
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form otthe end of this Order, which form must be
stamped bv the Registry of Deeds, prior to the commencement Vfwork.
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 242-1819 "
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 yNoesDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) hu 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 ofenew Notice ofIntent.
15. The Agent nr members nf the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
10. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject tothim (}rderondtounyoontraukzrorotherpermnnperformingvvork
conditioned by this Order,
~p"m.*o,u"°'rev w/ommo Page o^/m
4
Massachusetts Department mf Environmental Protection Provided bywommooP:
Bureau Of Resource PFOfeCti Wet
lands 242-1818
����� � � Order � Conditions
�mo ^� u ���� � �� `����� �u ����=U�Uons
Massachusetts Wetlands Protection Act K8.G.Lc. 131. §4O noEP Transaction#
ILI North Andover
CityfTown
C' Geneyal Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior ho the start nf work, and if the project invo|veavvurkadiooenthoaBundehng \emebabad
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair uoM| all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in avvaUond or water body. During oonokuction, 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 pnxh|enoa that occur otthe
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. The work associated with this Order(the"Project")
(1) is subject hn the Massachusetts 8tormxvoterStandards
/2\ is NOT subject bo the Massachusetts 8b>rmvvm<erStandards
|f the work is subject tmthe Stonmvvater8tandands, then the project is subject to the
following conditions:
a) All work, including site preparation, land dishurbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the ShmrmvvaLer Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by 8hormnvvaterCundihon O. Construction period
eposion, sedimentation and pollution control measures and best management practices
/BK8Pe> mhoU remain in place until the site is fully stabilized,
b\ No otormwmkar runoff maybe discharged to the post-construction sburmvvater BN1Ps
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BN1Ps intended to be converted
to post construction operation for mho/mnvvate[attenuation, recharge, and/or treatment, the
conversion is o||ovved by the yNossDEP Stormvveter Handbook BW1P specifications and that
the 8PNP has been properly cleaned or prepared for post construction openytion, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BKAP plans are included, signed and mharnpmd by a RaBioharaU
Professional Enginegr, certifying the site is fully stabilized;
iii. any illicit discharges tothe stormwaterrnonagannont system have been namoved, as per
the requirements ofSbzrnlwatar Standard 10;
v*au'mamm'rev 5/1eoocu Page,"/10
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1819
MassDEP File# -
�, WPA Farm 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
North Andover
------ CitylT"own
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution 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 BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
vrpaform5.doc rev 5/18/202.0 rage 8 of 13
4
Massachusetts Department of Environmental Protection Provided byMaeeocp
Bureau of Resource Protection - Wetlands 242'1819
K������ K� �� ���«� � �� ��~�~ ��
mmx o� Form � —~ v�, ��� ��n "��D��U�U����
N1e�s�ohue�tteVV�U�nd� ProteCtiOO /\(� K8�(�.L �. 131, �4O oo�pTmnuamion#
ILI North Andover
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
shnrmuwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |uootiun);
2. Make the maintenance log available toPNeoaOEP and the Conservation
Commission (''Connnnioeion'') upon request; and
3. Allow members and agents of the yWassDEP 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.
j) 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 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
ot 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 eubincthn310CK8R1O.O5(11). theapp|inantsbeUo|eoimp|emanttha
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission nr Department determines that the Test Project thneatanothe
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 nr the Department,
"pmofmm,*m'rev m1mcmo Page mmm
4
Massachusetts Department mf Environmental Protection Provided»ymnmmosp
242-181O
Bureau Of Resource Protection - Wetlands
������� �� �� ���^� � Conditions
������ �� ��� ��
��n �� Form ~� �� ��nv���� ��n ����8�v�U�Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131. Q40 aoEP Transaction#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |se municipal wetlands bylaw or ordinance applicable? 5O Yes [] NV
2. The North /\ndover hereby finds (check one that appUem\:
Conservation Commission
a. [:1 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance o/Bylaw 2.Citation
Therefore, work on this project may not goforward unless and until revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order nf Conditions ieissued.
h. 0 that the following additional conditions are necessary to comply with a municipal
ordinance nrbylaw:
North Andover Wetlands Protection B / & R | ti Chapt. 198
1 mun|cmm|Vm|nanoo or Bylaw et. seq.
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 o text dooumenU:
North A d Conservation Commission findings & Special Conditions
4
Massachusetts Department mf Environmental Protection Provided»yMoaoep:
242 181y
��UPe8UOf Resource Protection - \8/Btl3Dds -
K������ �� �� ���^� � Conditions
'-'~`~~E' ' '~-
mmn �� Form ~° ~- ��n��&�� ��o ������^�U����K���
Massachusetts Wetlands Protection Act M.G.L. o. 131` §40
North Andover
E. Signatures
� /-�~~�� /�7 /
This Order im valid for thmayeam. unless othewv|oospo�fiedueaspecial �]��~/ /
oond|8onpursuant hn General CondiUnnm#4. 0om the date ofissuance. 1�omoem|/memonce
� Please indicate the number of members who will sign this form.
This Order Must besigned by majority nfthe Conservation Commission. 2. NumUerof Signors
� The Order rnust 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.
igno r 7 tf i n t Ne -1:
Signature Printed Name
Signature-- Printed Name
Signature Printed Name
-��tgatu r Printed Name
7/ ........................
ignature Printed Name
by hand delivery on y certified mail, return receipt
Y�Irequested, on
Date Date
wmm'mamoc'rev e1mmm Page 1,w10
4
Massachusetts Department of Environmental Protection Provided hyMmwoeF:
242-181Q
��U[e8U0f Resource �»rOfeCtiOD,- ��8tl@OdG
����� � � ���� � �� �.�~
�mu �� Form ~� -- ��ov�K�� ��" ����K�^uU��ons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 eDEP Transaction#
North Andover
F~ Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
� land sVN��tb)�h|� D[d�r. �[�Oyt�OnSaidenton�th�Cib/or town in which such land iolocated,
� ^ ^
are hereby notified oftheir rightbunaqueotNheappnz 'ateK8aasDEPRegiona| {Jfficnb)ienuea
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
� k/the Department, with the appropriate filing fee and o completed Request for Departmental
Action Fee Transmittal Fornn, as provided in 310 CK8R 10.03(7)vv|th|n tan 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 Vr hand delivery hothe Conservation Commission and to the applicant, |f he/she ie
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project, Pnaviouo
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the u|uoa of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
thoN1eoeochuae#aVVodandeProtootionAct(yW.G.L. o. 131. Q4O)' andisinoonaiatentvviththe
wetlands regulations (310 CMR 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.
wpam,mn.uoo'rev 5/1mu02o Page 1x*/3
4
�
Massachusetts Departmentof Environmental Protection Provided hyMosaoEP:
Bureau of Resource Protection - Wetlands 242-1813
����� � � ���� � �� �~�~
��o �� Form "� -- ��nv���� ��m ����K�~mU*Uons
Massachusetts Wetlands Protection Act K8.G.L. c. 131, 840 rospTmon arc oon#
North Andover
G. Recording Information
Prior to commencement pfwork, this Order ofConditions Must berecorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
— --'`` - - --- — — — `` -- — -- `--
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project mt
2558tevens Street 242-1818
roject Location MassDEP File Number
Has been recorded mt the Registry of Deeds of:
N.ER.D.
Mary Susan &Thomas Howlett
for:
and has been noted in the chain of title Vf the affected property in:
16648 180
Book Page
|n accordance with the Order of Conditions issued on:
August 24 2021
Date
If recorded land, the instrument number identifying this transaction is:
If registered |and, the document number identifying this transaction is:
255 Stevens Street #242-1819
Findings of Fact
Current Project Site Conditions: The .97-acre project site currently consists of an existing
single-family house constructed in 1998, with associated driveway, deck, lawn, fencing,
landscaping and utilities.
0 No previous permits are on file with the Conservation Department for this property.
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 (BVW) - Welland Flags WSS-1 through WSS-7
b. 1.00-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
21. The proposed work includes: construction of a 36'xI8' in-ground pool, associated
surrounding patio, fencing and pool equipment shed. All work is within the 100-foot
buffer zone to BVW but outside the 50-Foot No Build Zone and within existing turf
lawn. Construction access is proposed through the driveway located to the north of
the house.
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 and associated attachments filed by: Mary Susan &Thomas Howlett
255 Stevens Street
North Andover, MA 01845
255 Stevens Street #242-1819 NACC Findings&Special Conditions
Rage
1 of 13
255 Stevens Street #242-1819
Wetland Consultant: Matt Schweisberg
Wetland Strategies &Solutions, Inc.
16 High Street
Merrimac, MA 01860
Land Surveyor: Daniel Johnson
Plaistow Consultants
22 Smith Corner Road
Plaistow, NH 03865
Site Plan:
• "Proposed Pool prepared for T. & M.S. Howlett", prepared by Plaistow
Consultants, signed and stamped by Daniel Johnson, scale 1"=20', dated
July 29, 2021 **See Special Condition #36 for required plan revisions
prior to construction**.
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Envirom-nental 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.
255 Stevens Street Q42-1819 NACC Findings&Special Conditions
Page 2 of 13
255 Stevens Street #242-1819
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!him
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North.
Andover Wetland Regulations).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department,
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations),
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions,
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
255 Stevens Street 0242-1819 NACC Findings&Special Conditions
Page 3 of 13
255 Stevens Street #242-1819
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.
I"PRIOR TO CONSTRUCTION
36. A revised plan shall be submitted that shows all grading outside the 50-Foot No Build
Zone. No grading will be permitted within 50 feet of the wetland and the plan shall
reflect the same to inform site contractors.
37. Yard waste/leave dumping within the 25-Foot No Disturb Zone in the vicinity of
Wetland Flag #WSS7 shall be removed and an area on the property outside of the 25'
NDZ shall be identified for yard waste storage.
38. 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.
39. 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.
40. A check payable to the Town of North Andover shall be provided in the amount of
two thousand dollars $2,000 which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall. be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
255 Stevens Street #242-1819 NACC Findinlos&Special Conditions
Pape 4 of 13
g
255 Stevens Street #242-1819
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
41. The proposed pool shall employ a cartridge style filter system (not a backwash
system). Specifications for the cartridge system shall be provided to the Conservation
Department prior to sign off of the building permit,
42. The corner of the pool patio apron that is within 51, feet of the wetland shall be survey
staked in the field prior to work and shall be maintained so that installation of the
apron shall remain in compliance with this distance. Two staked off-sets shall be
installed so that if the apron corner stake is disturbed during construction, it can be
easily reestablished using the off-set stakes prior to apron install.
43. 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 "Mass. DEP #242-1819."
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
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
46. Welland 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 and shall be located
outside the existing tree line as directed by the Conservation Department, 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
255 Stevens Street #242-1819 NACC Findin.s&Speciai Conditions
Page 5 of 13
255 Stevens Street #242-1819
of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to rnitigate 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
Corni-nission's request.
48. The applicant/contractor shall have on hand at pre-construction meeting, removal or
stockpiling, additional 50 feet of mulch sock and 1 roll of 100%biodegradable
erosion control blanketing (NO plastic netting allowed) and sufficient stakes for
staking, both 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. 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.
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
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
255 Stevens Street 11242-1819 NACC Findings&Special Conditions
Page 6 of 13
255 Stevens Street #242-1819
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 construction, the edge of the 25-Foot No Disturbance Zone, along the western
property line, shall be monumented with wetland markers. Not less than eight (8)
markers, mounted on 4x4 pressure treated posts, or on mature trees where
appropriate, shall be installed at 25-30-foot intervals. 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.
53. 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.
54. 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,
55. 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.
56. 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
255 Stevens Street 11242-1819 NACC Findings&Special Conditions
Page 7 of 13
255 Stevens Street #242-1819
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
perinitted 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 Condit-ions
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
57. 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.
58. Water quality in down gradient BVWs 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.
I"DURING CONSTRUCTION mmmmmmmi
59. Upon begiru-iing 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.
60. Any fill used in cora-iection 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.
61. 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
255 Stevens Street 42,12-1819 Njk('Cl-iii(litigs&Sp,cei,,i]Coji(litioiis
Page 8 of 13
255 Stevens Street #242-1819
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.
62. 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.
63. 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.
64. All materials stockpiling area shall be outside the 100-Foot Buffer Zone or at a location
and in a manner that will not result in erosion beyond the limit of work into the buffer
zone or wetland. At no time shall be stockpiling of soil or any other materials occur on
the wetland side of the erosion controls.
65. 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.
66. 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.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. 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 WJ
255 Stevens Street #242-1919 NACC Findings&Special Conditions
Page 9 of 13
255 Stevens Street #242-1.819
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area, This condition shall survive this Order of
Conditions and shall run with the title of the property, This condition is issued under
the authority of the Towns Wetland protection Bylaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection Bylaw and
shall remain in perpetuity.
71. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
72. 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.
73. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
foaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
74. 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.
75. Any/all pool water draw down shall be directed outside the 1.00-Foot Buffer Zone
over lawn area, and not discharged directly into the bordering vegetated wetland.
76. 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.
77. 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.
255 Stevens Street 8242-18 19 NACU Findings, Special Conditions
11age 10 of 13
255 Stevens Street #242-1819
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
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation,
78. 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 #52);
Discharge or spillage of pollutants (Condition #68);
Prohibition of underground fuels (Condition#69)
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #70 & 71);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#72).
Prohibition of the use of coal tar based products for paving (Condition #74);
Pool water management (Condition #75);
255 Stevens Strect il2,12-1819 NACC Findin.-s&Special Conditions
11age I I of 13
255 Stevens Street #242-1819
255 Stevens Street fl2,12-1819 NACC Findings&Special Conditions
Page 12 of 13
255 Stevens Street #242-1819
APPENDIX A- AFFIDAVIT
11------------- ........... on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions -__-
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I 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
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this-day of............__119--------
....................
(Signature-authorized agent of applicant or owner)
255 Stevens Street #242-1819 NACC Ffiidhigs&Specii]Conditions
Pave 13 of 13