HomeMy WebLinkAbout- Permits #242-1823 - 292 CANDLESTICK ROAD 11/1/2021 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1823
WPA Form 5 — Order of Conditions mass-DE-13 File#
effPfransad -
ction#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
L11 North Andover
&ii/to'w—n —
A. General Information
Please note:
this
North Andover
h form has 1. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. Order of Conditions b. Amended Order of Conditions
accommodate
(check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Ross Billings
a.First Narne b.Last Name
Important:
When filling
out forms on c.Organization
the 292 Candlestick Road
Computer, ------------------------------
use only the d.Mailing Address
tab key to North Andover MA 01845
rnove your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
...............
1VQ a First Name b.Last Name
c.Organization
ream
d.Mailing Address
...............
e.City/Town f,State g.Zip Code
5. Project Location:
292 Candlestick Road North Andover
a.Street Address b.City/Town
Map 106A Lot 246
c.Assessors Map]Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d65m9500s 71d06m0620s
-—-----------
d. Latitude e.Longitude
vipaform5.doc-rev 511812020 Page 1 of 13
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| Massachusetts Department mf Environmental Protection Provided hyMa"^osp:
/ 1823 Bureau of 242-
������� �� �� Order � Conditions
���s ��� File��
=�" ^� Form � — ������ ��, `�����uU�UK���
Massachusetts Wetlands Protection /\ot M.G.L. n. 131' §40 onEpTmnwomion#
North Andover
Cilyfrown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
16633 217
c. Book d. Page
. June 30 2021 October 13 2021 November 1 2021
r. Dates: a.Date Notice of Intent Filed .6
I I e Public Hearing Closed c.Date of Issuance". .............
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan to Accompany Notice of Intent 292 Candlestick Road North Andover, NN
Williamsa. Plan Title
& Sprages Richard L. Williams
'Ei5r�pared By c.Signed and Stamped by
Onhzber13 2021 111=10Y
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of 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 areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a �� PubUo\&�barSup�v b Fl Land � �� Prevention of
�~ Supply � ^^ Pollution
d �� PhvabeVV�Ler8oppk/ e �� Fi�h�h�� [ �� Protection of
� �� ' � ~~ VVi|d|iha Habitat
g. E Groundwater Supply h. Storm Damage Prevention i 0 Flood Control
2 This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
u. E the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced abuve, 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 p|ann, apmoifioationa, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided bvMm xoEP:
Bureau Of Resource Protection - Wetlands 342-1823
����� � � Order � n� ��~�~
mmo �� Form � �� "������ ��x "������UmKons
Massachusetts Wetlands Protection Act K8.G.L. c. 131. 040 eoEp Transaction o
North Andover
B. Findings (cont.)
Denied because:
b. 171 the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project maynotgofonwan] un|eeeand
until a new Notice of Intent is Submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
o. Fl the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
ThennfVre, 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 Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as pnr310 CK8R 10.O5(�)/u\.
� �� � �
3, E Buffer Zone Impacts: Shortest distance between limit ofproject 454 |
disturbance and the weUondresource area specified in310C�WR1O.O2(1)(a) m.tin*mrfeet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Rap|ooernen\
4 �� Bank� �' a.linear feet
— b_linear feet
-- cjinear fent�- o]m,a,xee,��
o. [] Bordering
Vegetated Wetland a.square feet b.square feet o.square feet d.square feet
8. [l Land Under
VVaterbwdieaond a.square fen� b sqoonefwnt o.square feet d.square feet
Waterways
7. 171 Bordering Land
Subject toFlooding m,square feet b.rqva^e-k°| o.square feet d.square feet
Cubic Feet Flood Storage
e.culgic feet— et— g.cubic feet 6.cubic feet -
& n Isolated Land
Subject hoFlooding o.square feet b.square feet
Cubic Feet Flood Storage � cub��et -- d,cub�feet-- ��������F-- f.cubic feet
[l Riverfront Area a.total sq.feet b.total sq.feet
Sqhwithin 1$0h c.square feet d.square feet e.square feet f.square feet
Sqft between 1OO-
2UOh V.square feet h.square feet i square feet j.square feet
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Massachusetts Department of Environmental Protection Provided bYMovoneP:
Bureau Of Resource Protection - Wetlands 242-1823
mawnospri�*
����� � � ���� � Conditions
m�u �� " ����� �x -- ��o «u��� ��n ������v�K�U������
Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 eoEr Transaction#
North Andover
B. Findings (CODt.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10 Designated
� �[l� Indicate size under Land Under the Ocean belowAreas '
11. El Land Under the
Ocean m.square feet h.square feet
1z
Indicate size under Coastal Beaches and/or Coastal Dunes
� �[l� Barrier Beaches below
� �
13. [l Coastal -- ^"
-- u.square feet o�square feet yd
o�nnunonmont o.nourishment
14. El Coastal Dunes =yd ^"
yd
a.square feet b.square feet c.nourishment d.nourishment
15 Coastal
� �[]� �_���feet-- |b. linear feet
��
16. El Rocky Intertidal
Shores a.square feet k square feet
17. El Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. Fl Land Under Salt
Ponds a.square feet h.oqnmwfent
19. El Land Containing
Shellfish a.square feet h.square feet o.square feet &equumf�at
20. El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVabsrbod|meand
Waterways, above
a.c/y dredged b.c/y dredged
21. [] Land Subject to
Coastal Storm m.aquumfeet h.square feet
Flowage
22� E:1 RiverfrontAu*a a.total sq.feet b.total sq.feet
Sq h within 100 ft
c.square feet d.square feet e.square feet f,square feet
Gqft between 108-
200ft g.square feet h.square feet i.square feet 1.square feet
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4
Massachusetts Department qfEnvimonmnentm| Protgoton Provided»Ymeu msp
Bureau of Resource Protection - Wetlands 242'1823
����� � � Order � Conditions
��o m� Form � �� ~������ ��u `�����uK�Uons
Massachusetts Wetlands Protection Act K8.G.L. c 131. 840 eoEp Transaction o
North Andover
B. Findings (cont.)
°#23.|/the 23 Restoration/En
pn8emiofor
� ^Fl�
the purpose of
restoring or
enhancing a.square —square feet - -'--
—
wetland
resource area 24. 0 stream Cvnoeing(o):
io addition tv
the square
-------
footagethu( a. number v/ new stream crossings v.number"'replacement stream crossings
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Soct|unB.5.o
(oVW)"r
B17.c(Ga|t The following oondd UN ionsanaonk/ a9� �metoApprnvwdprojnots.
Marsh)above, 1� Failure houomp|yvvithmDoondiUonaatahedhmnainandvvithoUn*|ah*d statutes and other
pleaseenter `
the al regulatory meaaums, shall be deemed cause to revoke or modify this Order.
amount here, 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property 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, abota. or local mbatutem, wndinanneu, bv|avva, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either ofthe fn||ovvinQ apply:
m. The work ioa maintenance dredging project espnovideUhorintbeAct; nr �
b. The time for completion has been extended to a specified date more than three years,
but less than five yearn, from the date ofissuance. If this Order is intended to be valid
for more than three years, the extension date and the special circurnstances warranting
the extended Umn period are set forth asa special condition in this Order,
c. |f the work in for a Test Project, th|oOrderofConUidonoshmUbevaUdfornnnlore than
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 nf the Order. An Order of Conditions for o Test Project maybeexbendedfnrone
additional year only upon written application by the applicant, subject to the provisions of 310
CK4R 10.05(11)(�.
G. 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 nn unless extended in writing by the Department.
7. Any fill used in connection with this project sheUbec|eanfiU. Aoy0| nhaUcontainnotnamh.
refuse, rubbinh. or debris, including but not limited to lumber, bhoks, plaster, vvina. |mth,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection pmvueu ovMasmoeP:
Bureau of Resource Protection - Wetlands 242-1823
����� � � Order � Conditions
��u �� Form .� -- �������� ��o =*K���v�U�Uons
Massachusetts Wetlands Protection Act W1.G.Lc. 131. G40 ooEp Transaction#
North Andover
C. General Conditions Under Massachusetts 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 taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds nrthe 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 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 imdone. The recording information nho|| be submitted to the
Conservation Commission on the form atthe end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement ofwork.
18. 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 242-1823 "
11. VVhena 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 W1eamDEP.
12. Upon completion of the work described heroin, the applicant shall submit Request for
Certificate of Compliance (VVPA Form OA) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of new Notice of Intent.
15. The Agent nr members nf the Conservation Commission and the Department of
Environmental Protection shall have the right bn enter and inspect the area subject tnthis
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.
18. This Order nf Conditions shall apply to any successor in interest or successor in control of
the property subject tV this Order and bo any contractor nr other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided hywe*uoEp
Bureau of Resource Protection - Wetlands 242-1823
����� � � Order � ^� �.�.
m�o ^� Form � �� n������ K�n `���K��uU�Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131. 840 eoEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start ofwork, and if the project involvmaworhadiaoenttoa Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
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. Atno time shall sediments be
deposited in evvet|and or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion arid/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the "Project")
(1) io subject to the Massachusetts ShormvvaherStandards
(2) M ia NOT subject to the Massachusetts 8tornnwaterStandards
|f the work issubject tm the Stornnm/ater Standards, then the project iseubi*ottothe
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the OhmrmvvabarPollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit on required byStormvvatmr Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(ByWPo) shall remain in place until the site in fully stabilized.
b> No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BK8Pn intended tobeconverted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the �
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer` certifying the site is fully stabilized;
ifi. any illicit discharges to the stormwater management system have been removed, as per
the requirements ofStormvvoberStandard 10;
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4
Massachusetts Department mf Environmental Protection Provided hyM«esnEp:
2421823
Bureau Of ��RG0U[Ce Protection -\���l8Bd8 '
����� � � Order � Conditions
mnn rx Form � — "��^��� ��w `������U�Uons
Massachusetts Wetlands Protection Act W1.8.L. c. 131, §4O °psp Transaction#
North Andover
Wn
C. General Conditions Under Massachusetts Wetlands Protection Act (coDt.)
h/ all post-construction atormvvater13KDPsare installed in accordance with the plans
(including all 9|onUnA p!mne) approved by the issuing outhor|ty, and have been inspected to
ensure that they are notdmmagod and that they are in proper working condition;
x any vegetation associated with post-construction IBMPuia 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 (}ponmhon and Maintenance Compliance Statement("O&M Statement) for the
Gtornnvvater BK8Pa identifying the party responsible for implementing the oto,n}wntor ByWP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i) the O&M Plan is complete and will be |nnp|mmmnbed upon receipt ofthe Certificate of
Compliance, and
ii] the future responsible parties shall be notified in writing of their ongoing legal
responsibility h>operate and maintain the otormwmhormanagement BW1Pnond
implement the ShormwuterPoDutiom 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
Shornnwmtar Report and, if applicable, the 5bormovvater 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 ofany
drainage easement, assumes responsibility for maintaining each BK8P. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement mfrecord, acceptable tothe issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(f) through 18(k)with respect tothat BNYP. Any failure ofthe
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. |n the case ofotormvvaterBPWPathat are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stornnvvoter
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 p|nnm' the O&M Plon, and the requirements of the Massachusetts
ShormvmaterHandbnok.
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Massachusetts Department uf Environmental Protection Provided bywmmnosr:
Bureau Of Resource Protection - Wetlands 242-1823
����� � � Order � Conditions
��u m� Form � �� ����*�� �Dn ~�����uU�Uons
Massachusetts Wetlands Protection Act M.G.Lo. 131. 840 eoEpTmnnmmion#
North Andover
C, General Conditions Under 80assaGMWsetts Wetlands Protection Act (COOL)
g\ The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, vepairm, maintenance and/or replacement ofthe
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type nf material and the disposal |ocoUon);
2. Make the maintenance log available toW4asmOEP and the Conservation
Commission (^ComnnimniVn~) upon request; and
3. Allow members and agents cf the MmssDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party isincompliance
with the requirements for each 8[NP 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.
W 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
et 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 subeutho31OCK4R1O.05(11)^ Uhaap9|ioantsheUebmimpkarnentUle
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission ur Department determines that the Test Project threatenethe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project aodinaotedbytheconsanushnn
commission or the Department.
4
Massachusetts Department of Environmental Protection Provided uymasomsp
Bureau Of Resource Protection - Wetlands 242-1823
ile
������� �� �� Order � Conditions
��� ��E� _ '
�wn �� Form ~, —~ �������� ��" ������^����K�����
Massachusetts Wetlands Protection Act K8.G.L. c. 131, 840 vocp Transaction#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1, |sa municipal wetlands bylaw or ordinance applicable? H Yes [l NV
a. The "6ons-ervation Commission hereby finds (check one that upp|iem):
a. El that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
1.Muuic,ipm|0nd|nannoorBy|ow 2.-C��o�---
Therafo/e, work on this project may not goforward unless and until m revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order uf Conditions isissued.
b. Z that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North Andover Wetlands Protection Bylaw ChapL 100
1.Municipal Ordinance orBylaw et. oeq
n, The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text dncurnent):
North A d Conservation Commission Findings & Special C ditions (see attached)
°=*rm,,u=^"°m8/2`mu Page ww1a
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Massachusetts Department of Environmental Protection Provided uyMassoEp
342-l823
Bureau of Resource Protection - Wetlands
V������ K� �� Order � Conditions
----- File��, m� Form � ~— "������ ��u ~������U�U����
K8moaaohueetta Wetlands Protection Act M.G.L. C. 131, 840
North Andover
E. Signatures
This Order is valid for three years, unless otherwise specified ammspecial _j[)-Ujl/w'�
condition pursuant to General Conditions#4.from the date ofissuance. 1 bate of|
Please indicate the number ufmumb*m who will sign this form.
This Order must bo signed bya majority of the Conservation Commission. 2. Number ofSigners
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant,A
copy also must ba mailed or hand delivered mt the same time Vo the appropriate Department uf
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
i go n�kfu r Xe-"�Y—r Printed Name
Signature Printed Name
�qpatwe Printed Name
ignature
-S—gnatu Printed Name
Signature Printed Name
Fl by hand delivery Vn by certified mail, return receipt
4
Massachusetts Department of Environmental Protection Provided yyMa»moEP�
2421823
��UF88U0f [�e80UPOe Protection -\�etl8DdSMa s-
����� � � Order � Conditions
Lll � amn �� Form .� �� �������� ��n ��������UuUons
Massachusetts Wetlands Protection Act K4.G.L. c. 131. 840 wnFP Transaction#
North Andover
��n��--------
F~ Appeals
The applicant, the owner, any parson aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or [land delivery
to the Department, with the appropriate filing fee and acompleted Request for Departmental
Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7)within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand d*||wary to the Conservation Commission and to the applicant, if he/she in
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review ofthis project. Previous
participation in the permit proceeding means the submission ufwritten information tothe
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to tile Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 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.
4
Massachusetts Department Vf Environmental Protection Provided bymouuoEp:
Bureau of Resource Protection - Wetlands 242-1823
����� � � Order � �� ^�.*~
pmu x� Form � �~ v������ ��n "������U^Kons
Massachusetts Wetlands Protection Act W1.G.L. c 131` §40 anep Transaction#
North Andover
CityfTown
G~ Record'ng Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land in |nnated, within the chain of title of
the mKeohad property. In the case ofrecorded land, the Final Order shall also be noted in the
Registry's Grantor Index Linder the name of the owner of the land Subject to the Order. In the
case of magishanad land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order ofConditions. The recording information on this page
shall be Submitted ho the Conservation Commission listed below.
North Andover
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
-------------------------------------------------------'
/o:
North Andover
Conservation Commission
P|emoo be advised that the Order ofConditions for the Project at:
292 Candlestick Rood 2424823
Project Location assDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
for: Ross Billings
Property Owner
and has been noted in the chain of title of the affected property in:
16633 217
Book Page
|n accordance with the Order of Conditions issued on:
Nnvember1 2021
Date
If recorded land, the instrument number identifying this transaction is:
nstrUrnent Number
If registered land, the document number identifying this transaction in:
292 Candlestick Road - #242-1823
Findings of Fact
Current Project Site Conditions: The 1.12-acre project site currently consists of an existing
single-family house constructed in 1993 associated septic system, driveway, deck,lawn,
landscaping and utilities.
The NACC agrees with the delineation, as modified based on a site inspection by the
Conservation Administrator, 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) -Wet-land Flags Al-A17
b. 100-Foot Buffer Zone to BVW
c. The property does not lie within, but abuts 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.
1_GENERAL CONDITIONS
2L The proposed work includes: installation of a 12' round above-ground pool,wood
deck extension with stairs, mitigation plantings, 2x2' dry laid field stonewall along
the 25NDZ, and removal of historic yard and leaf debris. The proposed pool will be
located 45"4" from the edge of the BVW,resulting in 42 square feet of encroachment
into the 50-Foot No Build Zone. The Commission has found that the applicant
demonstrated that there are no practical locations outside the 50' NBZ to place the
pool, that the applicant has value engineered the project to the minimize the footprint
as much as possible and has adequately mitigated for the resulting encroachment with
283 square feet of buffer zone enhancement planting plan (a 6.7:1 ratio of enhancement
to encroachment). Based on these findings, the NACC voted 4-2 in favor of granting
the waiver to the 50' NBZ to allow the above ground pool to be located not less than
45"4" from the BVW.
292 Candlestick Road 4242-1823 NACC Findings&Special Conditions
}'age I of 13
292 Candlestick Road - #242-1823
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 attaclu-rents filed by: Ross Billings
292 Candlestick Road
North Andover, MA 01845
Wet-land Consultant& Engineer: Williams &Sparages
189 North Main Street
Middleton., MA 01949
Site Plan:
0 "'Plan to Accompany a Notice of Intent, 292 Candlestick Road
Prepared by Williams &Sparages,signed and stamped by Richard
Williams,Scale 1"=10',,final revision dated October 13,2021
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant-,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements. photographs,
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 Condit'ions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
292 Cindlestick,Road H242-1823 NACC Findings&Special Conditions
Page 2 of 13
292 Candlestick Road-#242-1823
27. This Order does not relieve the perinittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 83) of the .Nortli
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 set-backs 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 (toes 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
292 Candlestick Road fl242-1823 NACC'Findings&Special conditions
Page 3 of 13
292 Candlestick Road -#242-1823
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
[-PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded, in its entirety,, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A check payable to the`Town of North Andover shall be provided in the amount of
three thousand dollars $3,000 which shall be in all respects satisfactory to Town
Counsel, Town .1'reasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
39. The proposed pool shall employ a cartridge style filter system (pot a backwash/or
diatomaceous earth system). Specifications for the cart-ridge system shall be provided
to the Conservation Department prior to si. off of the building permit.
2()2 Candlestick Road 4242-1823 NACC Findings 8,Special Conditions
11age:1 41f 13
292 Candlestick Road -#242-1823
40. A sign, visible from the street, shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words "NACC File #242-1815."
41. Wetland flagging on site shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
42. 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 conti ol
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.
43. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
44. Prior to construction of the pool or deck, the 2'x2" dry laid field stone wall shall be
constructed. Said wall shall be survey staked in the field, stakes shall be at the wall's
wetland side and said stakes shall be inspected by the Conservation Department. The
wall shall be monumented with wetland markers, 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
292 Candlestick Road 4242-1823 NACC Findings&_Special Conditions
11a e 5 of 13
292 Candlestick Road -#242-1823
wetland. Said markers axe 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. Once the wall is completed, the Conservation Department shall be
contacted to schedule a site inspection to review the area
45. Prior to construction of the pool or deck, the proposed Buffer Zone Enhancement
Planting Plan shall be executed and the following shall be adhered to:
a. A line of staked entrenched silt fence shall be installed along the wetland side of
the enhancement planting area and shall remain until areas are fully vegetated.
b. Planting installation shall be overseen/supervised by a qualified wetland
scientist
c. The plantings shall be conservation grade the greatest extent possible
d. Once completed, the Conservation Department shall be contacted to schedule a
site inspection to review the area
e. The enhancement plantings and seeding shall receive proper watering to ensure
germination and survival as weather conditions dictate.
f. The seeding and plantings shall be monitored by a qualified wetland scientist
for a period of 2 full growing seasons post installation and shall achieve an
overall survival rate of 75%.
g. A yearly monitoring report shall be submitted to the Conservation Department
documenting restoration planting areas and status of slope stability.
h. Prior to the issuance of a Certificate of Compliance, the final monitoring plan
shall be submitted to the Conservation Department for review and scheduling a
site inspection to insect same,
i. The planting ei-diancement area shall be left to naturalize without being subject
to routine residential landscape maintenance. 'Phis condition shall survive
beyond the issuance of a Certificate of Compliance.
46. 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.
47. 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 I engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
292 Candlestick Road 11242-1823 NACC Findings&Special Condiflons
Page 6 of 13
292 Candlestick Road - #242-1823
48. At a minimum, a row of staked 12" diameter mulch sock (Filtrexx SiltSoxx or
equivalent) shall be properly installed between all construction areas and wetlands as
shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion.
All additional erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Conunission's
request.
49. The applicant/contractor shall have on.hand at the start of any soil disturbance,
removal or stockpiling, additional 50 feet of mulch sock and one roll of 100%
biodegradable erosion control blanket (No plastic netting) 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.
50. 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.
5L 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.
52. 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..
53. 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
292 Candlestick Road #242-1823 NACC Findin,os&Special Conditions
Page 7 of 13
g
292 Caudlestick Road-#242-1823
Conditions, the "Compliance Certification Form Affidavit.", attached via "Appendix
X` signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
54. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of 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
55. 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.
56. 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 wet-lands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION J1
57. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
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.
292 Candlestiel,Road 112,12-1823 NACC Findings&Special Condilions
Page 8 of 13
292 Candlestick Road - #242-1823
58. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath,paper, cardboard, pipe, glass,processed glass aggregate, concrete,recycled
concrete aggregate, tires, ashes, refrigerators,motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analvsis certifying cleanliness -whichever is most applicable as determined by
the Conservation Commission or its staff.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loarned 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.
60, Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
61. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
62. All material stockpiling shall remain in the areas designated on the approved plan or
outside of the '100-Foot Buffer Zone. At no time shall be stockpiling of soil or any other
materials occur on the wetland side of the erosion controls.
63. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50 feet of the edge of BVW.
64, Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
65. 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
292 Candlestick Road 112,12-1823 NACC Findings&Special Conditions
Page 9 of 13
292 Candlestick Road -#242-1823
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
66. 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 protect-ion Bylaw.
67. 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 Towns Wetland Protection Bylaw and
shall remain in perpetuity.
68. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
69. 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.
70. 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.
71. 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 storinwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
72. Any/all pool water draw down shall be directed outside the 100-Foot Buffer Zone
over lawn area, and not discharged directly into the bordering vegetated wetland or
directly into any'.I'own stormwater structures.
73. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and.properly disposed of and all exposed unvegetated areas shall be.seeded.
74. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
292 Candlestick Road #242-1823 NACC Findings 8,Special Conditions
Page 10 of 13
292 Candlestick Road -#242-1823
a. WPA Form 8A - ""Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c, The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. Check, payable to the Town of North Andover, for Certificate of Compliance filing
fee (inquire with Conservation Department for current fee rate).
j. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
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 fined 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 An disturbance of soils or vegetation.
75. 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 set-backs as established under the
local Bylaw (Condition#32);
Field Stone Wall & Resource Area Markers (Condition#44);
Enhancement planting area (Condition#45. i.).
Discharge or spillage of pollutants (Condition#65);
292 Candlestick Road #2,12-1823 NACC Findings&Special Conditions
Page t I of 13
292 Candlestick Road -#242-1823
> Prohibition of underground fuels (Condition #66)
> Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #67 &68);
> No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#69).
> Prohibition of the use of coal tar based products for paving (Condition #71);
> Pool water management(Condition#72);
292 Candlestick Road N242-1823 NTACC Findin.us&Special Conditions
Page 12 of 13
292 Candlestick Road -#242-1823
APPENDIX A-AFFIDAVIT
11 ---------- on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1.—--------- I am the of
(position with applicant) '(applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DFP or NACC nuniber)
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 19—_.—
(Signature-authorized "agent of applicant or owner)
292 Cmidlestick-Road 42,12-1823 NACC'Fiwfings Special Cotiditioils
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