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Home My WebLink About- Permits #242-1820 - 227 BERRY STREET 11/1/2021 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1820 MassDEP..File ile.# WPA Form 5 — Order of Conditions -el -Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 OF—PTransaction# North Andover �J -6 ityrrown A. General Information Please note: North Andover -—- - this form has 1. From: - -----------....... been modified Conservation Commission with added 2. This issuance is for space to Order of Conditions b.El Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Celia &John Brunette a. First Name b. Last Name Important: When filling out forms on c.Organization the 227_Bffry Street computer, T.-Maii-ing Ad-dires's use only the tab key to North Andover MA 01845 ................... ............... move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key, V Q a.First Name b. Last Name............. c.Organization rerun d. Mailing Address --------------------- e.City/Town f.State g.Zip Code 5. Project Location: 227 Berry Street North Andover a.Street Address b.City/Town Map 106D Lot 51 c,Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: d m S d m s d.Latitude e.Longitude wpaform5.doc-rev 6/1812020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands 2421820 MassDEP File �� Order � Conditions ��n ^� n �� ~�� n ��U�Uons Massachusetts Wetlands Protection Act K4.B.Lo. 131. 840 ^oEP Transaction# North Andover A. General Information (cont.) 8� Property recorded at the Registry Vf Deeds for(attach additional information U more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) 16429 3 July 1, 2021 Oobober13 2821 Novenn�er1 2021 7. uauaa: a. Date Notice of Intent Filed b. Date Public Hearing Closed- "c.bate.. Issuance 8, Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plot Plan of Land, North Andover, MA prepared for Brunette Irrevocable Trust 227 B 5L a. Plan Title David P. Tenynzoni pLS David Tengnzoni PLS, b,Prepared By c.Signed and Stamped by Modified by R. Prokop 10-12-21 1"=3O' d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B, Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review ofthe above-referenced Notice ofIntent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: � �� Prevention of o Public h Kl Land � � �� Pollution d [ El Protection of �� Private e� �� Fisheries � �~ �� Wildlife Habitat g. E Groundwater Supply h. Storm Damage Prevention i. E Flood Control 2. This Commission hereby finds the project, enpnnposed, is /uhenkonenf8)efVUVvvnQboxaa Approved subject to: o. N the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. pnafmmau.=`rev m1enmn Page cm1n | | 4 � Massachusetts Department of Environmental Protection Provided b9ma aosp Bureau of ResOU[CeP[OfeCfiOO - Wetlands242 '182O �� Order � Conditions L/)I ��o w� Form � �� v�� " `��U�Uons Massachusetts Wetlands Protection Act W1.G.L. c. 131. G40 e0EP Transaction# North Andover ityrrown B. Findings (cont.) Denied because: b. n the proposed work cannot be conditioned iomeet the performance standards set forth in the wetland regulations. Therefo,e, work on this project may not go hnmveu] unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. o. [l 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. Tharefure, work on this project may not goforward unless and until 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 am per 310CyNR1O.O5(G)(m). 3. 0 Buffer Zone Impacts: Shortest distance between limit Vfproject 12.8^ disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4� �l Bank `^ a linear feet -- lb.linear Keet — c. linear feet-- d. linear feet-- o. Fl Bordering Vegetated Wetland m,square feet h.square feet o.square feet u.square feet 8. Fl Land Under VVetarbodiemand a.square feet b�mfeet o.square feet d.square feet VVetanwayu r. Fl Bordering Land Subject hoFlooding u.square feet u.square feet ^.square feet u.square feet Cubic Feet Flood Storage e.cubic feet-- ��fe et--' et o.Cubic feet �� 8. [l Isolated Land Subject toFlooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet -- d.cubic feet -- e.cubic feeJ-- ��uwc feet--' 9. 171 R|varfrnntAnam a.total sq.fe—et -IbAtctalf�q�eet Gqft within 10Dh c.square feet d.square feet e.square feet f.square feet 8qft between 1OO- 2OOft g.square feet k.square feet i square feet j.square feet ~r°fo,=5.u"^'.°"5118/2020 Page^w1^ 4 Massachusetts Department of Environmental Protection pmwun«uvwa omeP Bureau of Resource Protection - Wet 242 �8D�G '1820 LF��1)1__�' �� Order � o� ��^�^ �m, m� u �� ~— ��^�� o `��v*UmUons Massachusetts Wetlands Protection Act K4.G.L. o. 131. G40 eosp Transaction w North Andover B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration A|banaUnn Replacement Replacement 1U [] Designated Port � Indicate size Linder Land Under the Ocean belowArens . 11. [] Land Under the Ocean a.square feet feet 12 �l Barrier Indicate size under(}oasba| Beaches and/or(�oasha| Dunes �� below 13, [] Coastal Beaches —yd a.square feet b,square feet c.nourishment d. nourishment 14. 0 Coastal Dunes omd ^~ yd a.square feet b.square feet c. nourishment d. nourishment 15 Coastal � El�� a. linear feet-- ��ear feet-- 1V. El Rocky Intertidal Shores a.square feet u.aquomfeet 17. El Salt Marshes a.square feet b.square feet c.square feet d.square feet la F1 Land Under Salt Ponds a square feet b.square feet 19. [7 Land Containing Shellfish a.square feet b.square feet o.square feet 4.square feet 20. [l Fish Runs Indicate size under Coastal Banks, Inland Bonk. Land Under the Ocean, and/or inland Land Under VVaterbndienand Waterways, above 21. Fl Land Subject to Coastal Storm a.square feet h.square feet Flowage 22. [] Rk/erfrontAnaa a.total sq.feet b.total sq.feet SqM within 1U0ft c.square feet d.square feet e,square feet f.square feet Sqft between i00- 2O8ft 8.square feet h.square feet i.square feet j.square feet vipaoxmo.*c'rev m1oumn Page^mo � 4 Massachusetts Department mf Environmental Protection Provided»yMoaaoEp: Bureau of Resource Protection - Wetlands 242'1820 �� Order � ^� �~�~ ��" �� Form =" ~� ��^u�� n ��vu8uKons Massachusetts Wetlands Protection Act K8.G.L. c. 131. 840 oep Transaction# North Andover B. Findings (cont.) ^#za|fthe u3� Restoration/Enhancement P«Uodiu0mr �~ the purpose of restoring or enhancing —square feet--''' —square feet--'marsh wetland resource area 24. El 8toaamCroa«ing(o): m addition to the square footage that a.number o"new stream crossings u.number". replacement stream crossings ha s been C. General Conditions Under Massachusetts Wetlands Protection Act entered in SoctionB.*.^ (BV»V)or The following conditions are only np�|ioab|*to��ppnmved projects. B17.o<3e|t '-' Marsh)above, 1� Failure ho comply v�UlaUoondihnnsstated han�n. and with aUrelated statutes and other enterplease rogu�ah»rymeaauno� eho|| b�de�/n�doaua�hzrevnkoornnodi[v thie [)nd�r the additional ' ' . amount here, 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury LopxivatepropartyorinvanionofprivatariUhbe. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, eteha, or local statutes, ordinonoes, by/awm, or regulations. 4. The work authorized hereunder shall be completed within three years from the date ofthis ()n1er unless either ofthe following apply: u. The work is a maintenance dredging project as provided for in the Act; or h� The time for completion has been extended to a specified date more than three years, but|eea than five years, hnrn the date of issuance. If this {)ndmr is intended to be valid for more than three years, the extension date and the special circurnstances warranting the extended time period are set forth as a special condition in this Order. c. |[the work ia for o Test Project, thisOrdarofConditionmshaUbeVa|idforDon0orethan one year. 5. This Order may be extended by the issuing authority for one or more periods ofuphothree years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project moybeexendedfurone additional year only upon written application by the applicant, subject to the provisions of 310 CKAR1O.Q5(11)(M. 8. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project ehaUbeo|aanfiU. Anyfi|| ghaUcnnheinnotnooh. refuse, rubbish, or debris, including but not limited to lumber, bhoks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. ,*aw^600c'rev 511nu02o Page m"/w 4 | Massachusetts Department of Environmental Protection Provided uyMaoaoep: ! [�UF8aUOf Resource Protection - \�/etl@DdG 242'182O Ljr�� Order � o� x�~�~ m�n x� u ��K� � — n��^�� x `��uU�U�� Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 emEp Transaction w North Andover C. Genera} Conditio0s \Jnder 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. g. No work shall be undertaken until the Order has become final and then has been recorded in the Registry Vf Deeds nrthe Land Court for the district inwhich the land is |onahsd, within the chain of title ofthe affected property. |n the case of recorded land, the Final Order shall also be noted inthe Registry's Grantor Index under the name nf the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done, The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement ofwork. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1820 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before K8aaoDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of 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 tothis 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. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned hy this Order. vp*"mw,*='rev e1ouom Page sof 13 4 Massachusetts Department mf Environmental Protection Provided bymasamep Bureau VfRe8OU[Ce Protection - Wetlands 242-1820 �� Order � �� ~�. ��n �� Form =^ ~~ �� x ��^�U�Kons Massachusetts Wetlands Protection Act M.G.L. c. 131, Q40 oVep Transaction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior tu the start of work, and if the project invo|vesvvorkod|aconttoaBondaringVegetated 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. A(noUme shall sediments be deposited in a wetland 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 an needed. The applicant shall immediately control any erosion problems that occur atthe site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the "Project") <1\ El is subject ho the Massachusetts Shormwah*rStandards (2) M is NOT subject to the Massachusetts StormvvaiorStandards |f the work is subject to the Stornmxvat*rStendmrds, then the project is subject to the following conditions: a) All work, including site preparation, land dictudbanco, construction and redgvdoprnent, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required byShornlmater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BPNPs) mhoU remain in place until the site io 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 BMPm 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 BPWP has been properly cleaned or prepared for post construction operallon, 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 EnOineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements ofStormvvobar Standard 1O; ~*.mrrnn.^"='rev owoomo Page rw1u 4 Massachusetts Department of Environmental Protection Provided by Mm*woeP: Bureau of Resource Protection - Wetlands 342-1820 | �� Order � �� ~�~ �� Conditions D��ns | L�l ��" �� o ~, �� v� , �� ~� � | Massachusetts Wetlands Protection Act K8.(].L. c. 131. G4O eoepT�noarbon# / ^ North Andover Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. allpost-construction atormwxaberBK8Pmare installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. u\ 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 o Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: L)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility hooperate and maintain thamhorolwater management Bk8Pn and implement the Gtormwabar Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Shnrmwmter Report and, if applicable, the Shnrmvvatar Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e\ Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BK0P. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a pen-nittee for purposes of implementing the requirements ofConditions 18(f)thvough 18(k)vvith respect tothat BW1P. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f) through 18(k}with respect to that BMP shall bea violation of the Order of Conditions orCertificate of Compliance. |n the case nfstormvvoterB&1Psthat are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater Bk8Pu. 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. M The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts 8tormwoterHandbook. 4 � � Massachusetts Department nf Environmental Protection Provided uyMooaooP: Bureau of Resource Protection - Wetlands 342-1820 �� Order � �� .�~ nwn �� Form =v -- ��v�� n ��K�^�UuUons Massachusetts Wetlands Protection Act K8.(3.L. o. 131' 040 ooffprmneuouvnw North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (CODt) g\ The responsible party shall: 1. Maintain en operation and maintenance log for the last three (3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the nhzrmwxahar management oyohamor any part thereof, and disposal (for disposal the log shall indicate the type nf material and the disposal |ocation); 2. Make the maintenance log available tnK8ansDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the K8auaDEP and the Commission ho enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h\ All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state. and |000| |avva and regulations. U Illicit discharges to the sbormvvater management system as defined in 310 CW1R 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. N 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 nap|amsnnantofBK0Pashall not bewithheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade tn allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to31OCkUR1O.O5(11). the applicant shall also implement the monitoring plan and the na$hoodion plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project thromtensthe public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice nf Intent nr modify the project as directed bv the conservation commission or the Department. °r"*" o,v=^rev mwm*m Page om1` 4 Massachusetts Department of Environmental Protection Provided uYMo»uoEp Bureau Of Resource Protection - Wetlands 2421820 �� Order � n� ��~�~ ��u ^� Form � —~ .�� x `��U�Uons Massachusetts Wetlands Protection Act M.G.L. n. 131' G4O ooei5Tranmoctio»w North Andover � oityrrown D, Findings Under Municipal Wetlands Bylaw or Ordinance 1. |so municipal wetlands bylaw or ordinance applicable? M Yes Fl No 2 The NorthAndover hereby finds (check one that appUeo): Conservation Commission a. F71 that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw, specifically: _ 2.Citation___ Therefony, work on this project may not goforward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions isissued. b. N that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection Bylaw Chapt. 190 1 �wnioipa|0ndinanceurBylaw at. meq 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. Tn the extent that the following conditions modify or differ from the p|anx, opeu|ficotione, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as fp||ovva (if you need more space for additional conditions, attach a text donumenU: CommissionNorth Andover Conservation i di & Special Conditions °fe°mm5.mn'rev w000 o Page 1owm 4 Massachusetts Department of Environmental Protection Provided by MassIDEP: Bureau of Resource Protection - Wetlands 242--1820 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ...................— North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special ............ condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant, gnat re Printed Name Signature Printed Name ........................ ------------ - - S ignatu e Printed Name m. ------------------ Signatu Printed Nam Signature(, Printed Name Signatur Printed Name ...... ........................................................-------------------------------------- ---------- Signa zure Printed Name Signature Printed Name ❑ by hand delivery on [D/by certified mail, return receipt requested, on date DateDate wpaform5,doc-rev 5/18/2020 Page 11 of 13 � | 4 Massachusetts Department uf Environmental Protection Provided»ymaummEp: Bureau of Resource PnOfe{ti0D - We[l8DdS 242'1820 �� ~�. ��u r� o �� ~� �� n ^u�� n ��K�^�KuUons Massachusetts Wetlands Protection Act M.G.L. o. 131. G40 ooeP Transaction# North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land Subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate KAmssDEP Regional Office to issue a Superseding Order of Conditions. The request Must be rnade by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall gtthe same time be sent by certified mail or hand delivery to the Conservation Commission and hothe applicant, if he/she ia not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will bg required to demonstrate prior participation in the review ud this project. Previouo participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hear|ng, requesting o Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in 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 K4ouoaohusattm VVeUondo Protection Act or regulations, the Department has noappellate jurisdiction. w=mmom='rev nmoouo Page 1x*o � � 4 | Massachusetts Department Vf Environmental Protection Provided»yMasmoEp: Bureau of Resource Protection - Wetlands 242-1820 �� Order � o� ^�~�~ ��u ^� " �� ~�� n ��0�Uons Massachusetts Wetlands Protection Act M.G.L. c131' 04D eoEPTmoeuv\ivn# North8ndover -6...................... ityrrown G. Record-ng Information Prior to commencement ofwork, this Order nfConditions must be [etVnjed in the Registry of Deeds or the Lend Court for the district in which the land in located, within the chain of title of the mfhsohsd 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 Detach on dotted line, have stamped by the Registry of Deeds and submit tothe Conservation Commission. -------'�'------'''-----'----------------- � �'��'�'�'�' � � �� ' - ��-'-'�'-'------- /o: North Andover Conservation Commission Please bn advised that the Order of Conditions for the Project at 227 Berry Street 242-1820 Has been recorded ot the Registry of Deeds of: Northern Essex County Book Page for: Celia & John Brunette- Brunette |rnacovob|aTrust and has been noted in the chain of title of the affected property in: 16429 3 ovox Page |n accordance with the Order nf Conditions issued on: Novonober1 2021 |f recorded land, the instrument number identifying this transaction is: InstrUment Number If registered |and, the document number identifying this transaction is: ignatUre of Applicant 227 Berry Street-DEP FILE #242 - 1820 Findings of Fact Current Proj�,t'Site�Con�ditior�is. The 459-acre project site currently consists of an existing single-family house constructed in 1965, associated septic system, driveway,rear porch, Lawn, landscaping and utilities. The project site has been subject to previous wetland permitting with the North Andover Conservation Commission (NACC), which includes the following: ® MassDEP File #242-941 for septic system upgrade, a CofC was issued in 2003 The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Welland - Wet-land Flags Al-A10 b. 100-Foot Buffer Zone to BVW c. The site in not within 200-Foot Riverfront Area d. The property does not lie within, but abuts NHESP Priority Habitat e. The property does not lie within the 100-year floodplain f. The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping. Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: demolition of existing rear screened in porch and stairs and reconstruction of a new sunroorn and deck with stairs within the same footprint, to be supported by 5 new footings. A portion of the wetland is currently being mowed and this area will receive enhancement plantings. The work is within 25' NDZ and 50' NBZ to the BVW. Since the proposed new sunroom, deck and stairs are within the same footprint to structures that were built prior to the NACC Wetlands Bylaw was instituted, the replacement of structures within this footprint does not require a waiver from the local wetland protection Regulations. *Note: A hot tub was previously located off the existing porch,but was never permitted, and before the NACC closed the hearing required its removal. 227 kory Spwc VW1111 hk,,H242-0 820 NAUC Hmfimls&SpeciA Comfidons Page q (d 3 227 Berry Street- DEP FILE #242 - 1820 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 with associated attachments filed by: Celia &John Brunette 227 Berry Street North Andover, MA 01845 Wetland Consultant: Robert Prokop Wetland Consulting Services 15 Bisson Lane Merrimac, MA 01,860 Site Plan & Documents: 0 "Plot Plan of Land North Andover, MA prepared for Brunette Irrevocable Trust 227 Berry Street" prepared, signed and stamped by David P. Terenzoni, PLS, scale 1"=30' - plan modified by Robert Prokop of Wetland Consulting Services on October 12, 2021; a Submittal dated October 12, 2021, including ArchaDeck of Suburban Boston showing sunroom.and deck details/measurement table. 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 Enviroru-nental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,, the Act (310 CMR 10,00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not 2)7 DEP Ffle,4242-MO NA( C'hii(fings&'S X'cU Uondi6om 2 of 3 227 Berry Street - DEP FILE # 242 - 1820 in compliance with this Order of Conditions. Work shall not resume until the NACC, is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within threes from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days 30) prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wethoid 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 Departi-rient of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &AppelIdix F of the local Regtdatioiis). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the 227 Mnn N ACC 6)(fing &1: s S pecia�Conditions ' y Street DIT Hic 1/242-1820 227 Berry Street - DEP FILE # 242 - 1820 Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site oil, 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 conu-nencement 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 two thousand dollars $2,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 227 ikvy,`Ilreel D N`P FM H2 4 2.@ 9 2 0 N/V ("Findhqls&Spc6a�Com:fifions Pape,;of 17 227 Berry Street- DEP FILE #242 - 1820 39. A sign, visible from the street, shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words ""Massachusetts DEP, File Number 242-1820." 40. No changes to the ap d plan shall be implemented in the field until written .-pp()yg iri— approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Wetland flagging on site shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 43. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall be properly installed between all construction areas and wetlands as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of, construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions, Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 44. No later than May 30, 2022, 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. 221 flmry Sfi-eO l WP Fde Q42-1820 NAUC'hnding,&,Spcvias cwidkiw� _Ilage 5 of 13 227 Berry Street - DEP FILE # 242 - 1820 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 enhancement area shall be left to naturalize without being subject to routine residential landscape maintenance. This condition shall survive beyond the issuance of a Certificate of Compliance. 45. The applicant/contractor shall have on hand at the start of any soil disturbance, removal or stockpiling, additional 25 feet of mulch sock and sufficient stakes for staking covered from the elements, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. 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. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 227 Ben),Sftr(,O DEP FOe 41242-C 920 i,MCC Findkilgq&, Special Condi�ions Pne 6 of 3 1 227 Berry Street- DEP FILE # 242 - 1820 48. 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. 49. Prior to demolition or construction, the edge of the enhancement planting area and the existing limit of lawn shall be monumented with nine (9) 4x4 pressure treated posts evenly spaced and shall bare 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 encroachraent into the wetland. Said markers are available for purchase in the Conservation Department at Town I.Jall. 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. 50. Prior to any work con-unencing on-site, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 51. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. Note: The Building Permit shall have been applied for at the time of a pre- construction meeting with the Conservation Department, and Conservation Department sign off will not be granted until pre-construction conditions are satisfied. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or 227 Bon,Soect Cn T File 0242.HQ0 NACU Fhnfiqs rtK Sp7 6,fl Conditions Jlan,7 aA H 227 Berry Street - DEP FILE # 242 - 1820 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. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an.NACC representative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORmwATER MANAGEMENT CONDITIONS 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 56. IMPORTANT: Irnmediately upon completion of installing the footings, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall 2,17 Bevy S,reca I HAI�iIlle#2421,Q0 N',!A( C Findinl2s&SpecU Condkions Page 8 of F3 227 Bert-y Street- DEP FILE # 242 - 1820 be submitted to the Conservation Administrator for approval. [Failure to comply may result in a stop work order for the site.] 57. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 58. Should de-watering activities be anticipated or prove necessary, means and methods shall be reviewed and approved by the Conservation Department and shall be proposed outside the 100-Foot Buffer Zone. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly it-Ito an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the 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. 59. Any fill used in connection with this project shall be clean fill., containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied b37a certificate of origin or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff, 60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year, Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch bay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 2 7 111 1Qp ii y S9 reo G)E F"1:u Ile 11242 C�Q 0 NA(,'(, Fhidiop s& Special("ondkions Page 9 ol,�3 227 Berry Street - DEP FILE # 242 - 1820 62. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing the site and avoid tracking on to public right of way. 63. The construction access and all materials stockpiling area is proposed outside the 100- Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 64. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away frorn any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50 feet of the edge of BVW. 65. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 66. Accepted engineering and construction.standards and procedures shall be followed in the completion of the project. 67. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill 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 -------------- IN 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the 'rown's Wetland protection Bylaw. 69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 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. 227 Beo y Sllrco DFAI h1le,ff242 B201 NIA CC Findinp C4"�Speclall CondlOolls PH2C 10 0 Cal 227 Berry Street- DEP FILE H 242 - 1820 70. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 71, 17here shall.be no clumping 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. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 73. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b, A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. 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: 227 Heny 1"ucet INN hh.k242-N20 �,kACC F vdings&,spvcid Condifiom 227 Berry Street- DEP FILE H 242 - 1820 ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences., sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100" of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); Enhancement planting area, (condition #44. i.) Resource Area Markers (Condition #49); Discharge or spillage of pollutants (Condition #67); Prohibition of underground fuels (Condition #68); 11mitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #69 & 71.); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #71.), Prohibition of the use of coal tar based products for paving (Condition#73). 227 111,my Strct,A DF11 Fk 1042 1820 t4AUC Hmhnps&,,Special Comfifions 227 Berry Street- DEP ME # 242 - 1820 APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT 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 ant 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. Ilierebyaffirm and acknowledge that on this—day of-1.9— 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 fit 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 tinder the pains and penalties of perjury this—day of 19 (Signature-authorized agent of applicant or owner) 227 keirrySft M MAI hh,-9242-1 h20 N,,%(,'( FiMhH2,S&SpccW