HomeMy WebLinkAbout- Permits #242-1587 - 20 ANVIL CIRCLE 4/12/2013 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1587
eDEP Transaction#:554012
WPA Form 5 - Order of Conditions City/Town-.NORTl-I ANDOVER
Massachusetts Wetlands Protection Act M.G.L.e. 13 1, §40
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. ry 00C b.F Amended OOC
3.Applicant Details
a.First Name NILESH b.Last Name AMIN
c.Organization
d.Mailing Address 20 ANVIL CIRCLE
e.City/Tolvil NORTH ANDOVER f State MA g.Zip Code 01845
4. Property Owner
a.First Narne NILESH b,Last Name AMIN
c.Organization
d.Mailing Address 20 ANVIL CIRCLE
e.Cityllown NORTH ANDOVER f State MA g.Zip Code 01845
5.Project Location
a.Street Address 20 ANVIL CIRCLE
b.C1ty1l'own NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 108C e,Parcel/Lot# 169
f Latitude 42.63292N g.Longitude 71.07395W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12595 341
7.Dates
a.Date NOI Filed: 3/14/2013 b.Date Public Hearing Closed: 3/27/2013 c.Date Of Issuance:4/12/2013
8,Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING
CONDITIONS NORSE DESIGN
PLAN,20 ANVIL SERVICES,INC. EDWARD 0.1 IELME S,JR. December,5,2012 1 20'
CIRCLE,No.
ANDOVER,MA
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1587
WPA Form 5 -Order of Conditions cDEP Transaction#:554012
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City[I'own:NOR`I'H ANDOVER
RESTORATION BASBANES
PLAN,20 ANVIL WETLAND N/A January 16,2013 N/A
CIRCLE CONSULTING
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the ar"� in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply b. F Land Containing Shellfish c.F, Prevention of Pollution
d. F1 Private Water Supply e. r- Fisheries f F Protection of Wildlife Habitat
g. F Ground Water Supply h. ry Storni Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F, 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,mid 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.
Denied because:
b.r-The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on tile interests
identified in the Wetlands Protection Act.Therefore,work,on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and wily it is
necessary is attached to this Order as per 310 CMR 10,05(6)(c).
3.rv- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 3
area specified in310CMR10.02(l)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. f—Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r- Bordering Vegetated Wetlatid a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9:242-1587
WPA Form 5 -Order of Conditions eDEP Transaction#:554012
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTI-1 ANDOVER
6. F,Land tinder Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
c.c/y dredged f c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f cubic feet g.Cubic feet It,cubic feet
8.17-Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f cubic feet
9.r-Riverfront Area
a.total sq.feet b.total sq.feet
Sq It within 100 It
c.square feet d.square feet c.square feet f,square'feet
Sq ft between 100-200 ft
g.square feet It.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r-Designated Port Areas Indicate size tinder Land Under the Ocean,below
11.r-Land Under the Ocean
a.square feet b.square feet
c.c/y dredged(1,c/5,dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Duties below
13,r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r-Coastal Dimes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
IS.(Coastal Banks
a.-linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r-Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.F Land Under Salt Ponds
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Massachusetts Department of Environinental Protection Provided by MassDEP:
ti
Bureau of Resource Protection-Wetlands MassDEP File#:242-15 87
WPA Form 5 -Order of Conditions eDEPTransaction 11:554012
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City[rown:NORTH ANDOVER
a.square feet b.square feet
�.ely—dredged d.c/y dredged
19.F Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size tinder Coastal Banks,inland Bank,Land Under the
20.1Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r—Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r- Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here,
a.square feet of BVW b.square feet of Salt Marsh
23.
r-Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. 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.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years fiom the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act-,or
1a 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 as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of tip to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions(toes not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
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Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File#:242-1587
Bureau of Resource Protection-Wetlands
eDEP Transaction#:554012
WPA Form 5 -Order of Conditions cityirown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
LA but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,fires,ashes,refrigerators,motor vehicles,or pails of
any of the foregoing. or if such an appeal has been taken,
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
until all proceedings before tile Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in an
the Registry of Deeds or the Land
Court for the district in which the land is located,within tile 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 tinder tile 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 forni at the end of this Order,which foam must be stamped by tile Registry of Deeds,
prior to the con-miencement of work.. t or more than three square feet in size bearing the words,
10. A sign shall be displayed at the site not less then two square fee
Massachusetts Department of Environmental protection"
for'MassDEP"]
File Number:"242-1587"
it. 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 Mass DER 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Fol-ril
8A)to the Conservation Commission.
13, The work shall conform to the plans and special conditions referenced in this order,
14. Any change to tile plans identified in Condition#13 above shall require file applicant to inquire of the Conservation Colim-flission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation. in control of the property subject to this Order and
16. 'I'his Order of Conditions shall apply to any successor in interest or successor
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markets 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 construction,tile applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.Tile applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify die Conservation
Commission,which reserves tile right to requireadditional erosion and/or darnage prevention controls it may deern necessary.
Sedimentation barriers shall serve as tile limit of work unless another limit of work line has been approved by this Order,
NOTICE OF STORMWATFR CONTROL AND MAINTENANCE RFQUIRFMENTS
19, The work associated with this Order(the"Project")is(1) F- is not(2)17 subject to the Massachusetts Stormwater Standar&
if the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with tile construction period pollution prevention and erosion and sedimentation control plain and,if applicable,the Stonirwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(I3MPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff maybe discharged to the post-construction stormwater-13MPsunless and until a Registered
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Massachusetts Department of Environmental protection Provided by MassDEP:
MassDFP File#:242-1587
LA Bureau of Resource Protection- Wetlands eDEP Transaction It:554012
WPA Form 5 -Order of Conditions Cityll,own.'NO16H ANDOVER
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40
be removed by
ruction period 13MPs have been remved or will
Professional Engineer provides a Certification that:i.till const
a date certain specified in the Certification.For any construction period BMP.s intended to be cancerted to post construction
operation for stonirwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
11 properly cleaned or prepared for post construction operation,
Handbook BMP specifications and that tile BMP has bee d in inlet and out control structures;ii.,as-built final construction
including removal of all construction period sediment trappe professional Engineer,certifying the site is fully stabilized;iii,
mid stamped by a J�cgistered I t water'BMP plans are included,signed, iagement system have been removed,aspertherequiremeisofStorni
any illicit discharges to the stomiwater mm ance with the lans(including all planting
-construction stormwater 13MPs Eire installed in accord ed and that they are in
plans)approved by
Standard 10;N.all Post cted to ensure that they are notpa dni -
ag
the issuing authority,and have been inspe proper working condition;v.any vegetation associated with post-construction Bmps is suitably established to withstand
erosion. maintenance until the issuing authority is notified that another party has legally assumed
e) The landowner is responsible for BMP ma ellifeate of Colupliance,or Partial Certificate of Compliance,the
responsibility for BMP maintenance.prior to requesting a C ll execute and submit to tile issuing authority an operation mid
responsible patty(defined in General Condition 19(e))sha
Maintenance Compliance St
Statement atement")for Ole Stormwater BMPs identifying the party responsible for
Plan(,,O&M Plan")and certifying the following:i.)tile O&M
implementing the stormwater BMP Operation and Mainterlmice Pl ible parties
Phan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii)the ftiture respons J3MPs and
shall he notified in wl-iting of their ongoing legal responsibility to operate mid maintain the stormwater managernent
implement Ole Stolinwater pollution Prevention Plam ted it,accordance Witt,the long-term pollution
d) Post-construction pollution prevention and source control shall be iniplemen
prevention plan section of tile approved Stotinwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts ibi tile landowner,or owner of any drainage easement,assumes
taining cacti BMR Tono vercome this presumption,the landowner of tile property runst submit to the
responsibility for main arectriet of record,acceptable to the issuing authority,evidencing that another entity has
issuing authority a legally binding MP,and that the proposed responsible party shall be treated as a permittee for
accepted responsibility for maintaag ining tire nB s 19(t)through ns 19(k)with respect to that JIMP.Any failure of tile
purposes of implementing the requirements of Condition 19(o through 19(k)with respect to that BMP shall
proposed responsible party 10 implement the requirements of Condit io er JIMPs that are serving more
be a violation of the Order of Conditions or Certificate of Compliance.in tile b case sery of stormw that stormwa tier BMPs.A plan and
than one lot,the legally binding agreement shall also identify the lots that will e iced by e
easement deed that giants the responsible party access to perform the required operation and maintenance must be submitted
along with tile legally binding agreement, Plain,
Tile responsible party shall operate and maintain all stortriwater BMI)s in accordance with the design plans,tile O&M P
mid the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall: ance log for tile last three(3)consecutive calendar years of inspections,repairs,
1.Maintain an operation and mainten management system or any part thereof,and disposal(for disposal the
Mai
and/or replacement afore stormwater i a
log shall indicate the type of material and the disposal location);
2.Make the maintenance ol
log available to MassDEP and the Conservation Commission(,,Cllmiso sioll")upon request;mid
3.Allow members and agent
c MassDEP and the commission to enter and inspect tile site t evaluate and ensure
s of th liance with the requirements for each BMP established in the O&M Plan approved by
that the responsible party is in conlp
the issu
ing nilig authority. water BMPs shall be disposed of in accordance with all applicable
h) All sediment or other contaminants removed from storm
federal,state,and local laws and regulations.
i) Illicit discharges to the storinwater management system,is defined in 310 CMI,2 10.04 are prohibited.
j) 1lie storrowater management systern approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority. purpose of the Low impact Site Design Credit(as defined in the
k) Areas designated as qualifying pervious areas for the Page 6 of 10*ELECTRONIC COPY
7LMassachusetts Department of Etivironikiental Protection Provide(]by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1587
WPA Form 5 -Order of Conditions eDEP Transaction#:554012
I MassachuM.G.L.setts Wetlands Protection Act M. c. 131,§40 Cit y/Town:NORTH ANDOVER
MassDEP Storrnwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE NFIACHED
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Massaebusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1587
WPA Forin 5-Order of Conditions eDEP"Transaction#:554012
I.Massachusetts Wetlands Protection Act M.G. ,c. 13 1,§40 City/Town:NORTHANDOVER
L11 -
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r- No
2. The Conservation Commission hereby checkone that a1212lies):
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless rand until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with municipal ordinance or bylaw:
b. F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
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 firoin the plans,specifications,or other
proposals submitted with the Notice of Jntent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE XIIACIJED
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nt of Envil*0111"Cutal Protection Provided by MassDEP:
Massachusetts Dep artnie MassDEP File#:242-1587
Bureau of Resource Protection-Wetlands eDI-,P Transaction#:554012
WPA Form 5 -Order of Conditions CitynownNORrYI ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 13 1,§40
E. Signatures A/
'Phis Order is valid for three years from the date of issuance,unless otherwise specified
pursuant to General Condition 114,if this is all Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will Sig],this form.This Order must be signed by ----
a majority of the Conservation Commission. or hand delivered to the applicant,A copy also must be mailed
`File Order must be mailed by certified mail(return receipt requested) ironniental protection Region'al Office,ifnot filing
or hand delivered at the smile tilue to theappropriate Department of Env
electronically,and the property owner,if different from applicant.
Signatures:
by cer receipt requested,on
.: ti turn
r-, by hand delivery on
Date
Date
F. Appeals )y this order,any owner of land abutting the land subject to this Order,or any ten
Ilie applicant,the Owner,any person aggrieved t �y notified of their right to request the appropriate MassDp-',P
residents of the city or town ill which such],,aid is located,are hereby
request must be made by certified mail or had divery to tile
Regional Office to issue a Superseding Oder
rder of Conditions. tal Action FeeTransmittaln Formel,as provided in
Department,with the appropriate filing fe mid a completed Request for Department copy of the request shall at the same time be
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A
ri misssioii-,tndtotheipl)lical'Lifilelsl)eis"Ott'leaPPC"allt-
sent by certified mail or hared delivery to the Conservation('01
t,s Superseding Order associated with this appeal will be required to demonstrate prior
Any appellants seeking to appeal the Depart'lle" - mis the submission of written inforniation to
participation in the review of this Project,Pfev'olls Participation ill tile permit proceeding me, or providing written inforlilatiOn
the Conservation Commission prior to the close Of the public hearing,requesting a Superseding Order,
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
interests identd in tile Massachusetts Wetlands Protection Act(M.G.L. 40),mid is
contribute to the protection Ofthe the extent that tile Order is based oil a 111LIllicipal ordinance or bylaw,
inconsistent will,the wetlands regulations(310 CMR 10-00)-TO ent has no appeliatejurisdiction.
and not oil the Massachusetts Wetlands protection Act or regulations,the Departin
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Massachusetts Department of Environmental Protecti011 Provided by MassDEP:
MassDEP File#:242-1587
Bureau of Resource Protection-Wetlands
eDEP Transaction H:554012
WPA Form 5 -Order of Conditions city/Town:NORTR ANDOVER
Massachusetts Wetlands Protection Act M.G.1—c. 131, §40
Lei
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry'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.. I...to o the Conservation Con-.imis.sion.......... ....................
................. ......1-...... . .....
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1587
20 ANVIL CIRCI-E MassDLP File Number
Project Location
Has been recorded at the Registry of Deeds of:
Book Page
County
for:
Property Owner NILESHAMIN
and has been noted in the chain of title of the affected property in:
Page
Book
In accordance with the Order of Conditions issued oil:
Date
If recorded land,the instrument number identifying this transaction is:
instrumentNumber
If registered land,the docurnent number identifying this tnInSacti011 is:
Document Number
Rev.4/1/2010
Signature of Applicant
Page 10 of 10 ELECTRONIC COPY
DEP FILE#242-1587
Therefore,the North Andover Conservation Commission (hereafter 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 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
20. The proposed work includes: after the fact approval of clearing, filling and grading
within the 100 foot buffer zone to Bordering Vegetated Wetland (BVW). Restoration of
the 25-foot No-Disturbance Zone with native plants and relocation of the existing
chain lird<fence more than 25' from the edge of BVW was required under a previously
confirmed Enforcement Order.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Nilesh Amin
20 Anvil Circle
North Andover, MA 01845
Filed: March 18,2013
NOI Prepared By: Basbanes Wetland Consultant
39 Hardy Street
Dunstable, MA 01827
Site Plans prepared by: Norse Design Services, Inc.
Titled: Existing Conditions Plan
Date: December 5, 2012
Stamped &Signed by: Edward O. Helmes,Jr. P.L.S.
Basbanes Wetland Consulting
Titled: Restoration Plan, 20 Anvil Circle
Date: January 16, 2013
Other Record Documents: Enforcement Order issued 1/24/2013
Waiver Request dated 3/11/2013
22. 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
242-1587,20 Anvil Circle OOC 1 NACC 4/12/2013
DEP FILE#242-1587
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.
23. 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,
24. 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.
25. 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. Ylowever, 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.
26. 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.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of tip 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 Nortli
Andover Wetland Regulations).
29. 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.
30. 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,
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31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW). This resource area is significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein (Flag 3A and Buffer Zone to
wetland flags 2A,4A &5A). Welland Resource Areas exist off property that extend
buffer zone onto the subject property. These buffer zones are not shown on the herein
referenced plans. Any future proposal for work on the property will require
delineation of all resource areas and associated buffer zones.
34. 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 as shown on the herein referenced plan, 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).
35, Per the restoration plan and narrative dated January, 16, 2012, the applicant proposes
to plant 5 Highbush Blueberry (Vaccinium conjmbosunt), 5 Hazelnut(Corylus atnericana),
6 Sugar Maple (Ater saccharuni) and 6 White Oak (Qi4ercus alba) within the 25' No-
disturb zone. Plant substitutions may be made with the approval of the Conservation
Department. P.lantings will be monitored for 2 years by a qualified environmental
professional with monitoring reports, including photographs, to be submitted to the
NACC each spring and fall of that time period. Plants that die or are not thriving
during the monitoring period shall be replaced. The existing chain link fence shall be
relocated more than 25' from the edge of the BVW as shown on the herein referenced
restoration plan.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
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DEP FILE#242-1587
37. 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.
==PRIO=RTO_CONSTRUCTION
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 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 Conu-nission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
cornmences may be recorded by the NACC at the applicant's expense,
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEPj File Number 242-1587."-'
41. 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. No work shall begin on a project until
written approval has been granted by the NACC.
42. 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.
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DEP FILE#242-1587
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of
sedimentation/erosion control devices,buffer zone restoration,fence relocation and
final stabilization on-site. A detail of the pervious seating area shall also be submitted.
44. Wetland flagging 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. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Stich barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. 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.
45. A silt sock or erosion control barrier as approved by the Conservation Department
shall be placed between the work area and down-gradient resource areas. The erosion
control barrier will be properly installed 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 erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion., or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC, they shall be installed within 48 hours of the Commission's request.
46. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 20 additional feet of silt sock (or an equivalent amount of
hay bales 1 bale =3 feet of sock) Said sock/bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$2,500 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
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DEP FILE#242-1587
portions of the project for the NACCs review and approval. This condition.is issued
under the authority of the local ByLaw.
48, 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
planting of the restoration area and relocation of the fence. At least once during each
week in which construction activities occurs on-site the applicant shall submit a
written report including photos 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 shall
be on site during and/or following a major storm event of 1/2" inch of rain or greater
(24 hour event) to ensure that soils remain stable, and erosion controls are adequate
and secure,
49. The chain link fence will serve as permanent monumentation of the 25-foot No-
Disturbance Zone. The fence shall be marked with permanent signage space evenly
every 25 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (3 round for every 1 square). This will designate the resource
area sensitivity and assure no further inadvertent encroachment into the
wetland/limit of clearing. These permanent markers are subject to review and
approval by the NACC. 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. Markers are available from the Conservation Department($2 round/$3
square).
50. 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
s 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.
51. 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,the environmental 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
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DEP FILE#242-1587
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
52, 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
53. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
54. During the relocation of the fence,the existing fence posts will be cut flush or lower
than the ground and covered and seeded over.
55. De-watering activities are not anticipated as part of the proposed project. 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 emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
56. 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, tires, ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch bay. All disturbed areas must
be graded,loamed and seeded prior to November 1st of each year. outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
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DEP FILE #242-1587
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
58. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
59. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area.
60. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
61. 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' of areas subject to protection under the Act
or local ByLaw.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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
64. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(1.00) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
65. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
low phosphorous 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
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property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
66. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity,
67. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loarning and seeding according to MRCS standards, Stabilization will be considered
complete once full vegetative cover has been achieved.
68. 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.
69. 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.
70. 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 shall be
established from the edge of adjacent wetland resource areas on lot except in
those locations approved under DEP # 242-1572. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.4 of the Regulations for perf ormance 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;
Permanent Barrier &Resource Area Markers (Condition#49)
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DEP FILE H 242-1587
Discharge or spillage of pollutants (Condition #63);
Prohibition of underground fuels (Condition #64);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#65);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #66);
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APPENDIX A- AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions-
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/Or
2_ 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that 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 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 r 19
(Signature-authorized agent of applicant or owner)
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