HomeMy WebLinkAbout- Permits #242-1816 - 325 JOHNSON STREET 11/30/2021 4
K0mssuohueetha Department of Environmental Protection Provided b*Mov»oep:
Bureau of Resource Protection - Wetlands 242'181O
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nm" �� Form ~v �� ��" v�K�� ��, �*����^�U��K�����
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 uuep Transaction w
North Andover
A, General Information
Please note: North Andover
this form ties 1. From:
been modified �°=",a"~'~~===
with added
lTh� �muancoimfor
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, o m a Order �F�Amendod0rdorofCondKions
accommodate (check one):
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the Registry
of Deeds 3. To: Applicant:
Requirements
Kevin &Alison Sparks
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When filling
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the
325 Johnson Street
computer,
use only the ^.Mailing Address
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tab key hm North Andover MA 01845
move Your a.u'ty/mwn f.umte y.Zip Code
cursor du
om use the 4. Property Owner(if different from applicant):
return key.
a.First Na me b. Last Name
c.Organization
e.City/Town f.State g.Zip Code
o. Project Locahon:
325JohnoonStnaet North Andover
a.Street Address b.City/Town
Map 97 Lot 72
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude. if known: 42d07m4340n 71d10m5020o
d. Latitude e. Longitude
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/ Massachusetts Department of Environmental Protection Pm»W*d by M«« oep:
Bureau Of Resource Protection - Wetlands 242-1810
����� �� � Order � n� ��~�~
w�u o� Form � —~ `����� ��u '������^Uons
Massachusetts Wetlands Protection Act M.G.Lc. 131' 04O eDEp Transaction#
North Andover
A. General Information (cont.)
c Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.Coui�ty b.Certificate Number(if registered land)
2980 316
c.Book d Page
M— 26 2021 Novernber22 2021 Nnvember30 2021
7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
8. Fino|ApprovodP|anaandOUlorDoourn*mb(oMachaddiUnno| p|anordocumentrehanenceo
as needed):
325Johnaon Street Plot Plan ofLand, Sheet 1 of
a.Plan Title
Sullivan Engineering Group, LLC JohmD. Sullivan & Paul Finoonhio
b,Prepared By c.Signed and Stamped by
Ootober3O 2021 1"=20'
d.Final Revision Date e. Scale
^*Sea Attached List of Approved P| & Documents**
txomrmna|Plan or Document Title g. oaVy
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
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Following the review ofthe above-referenced Notice of Intent and based on the information �
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Aot). Check all that apply:
a
c Prevention of
�� Public b �� Land � ����
� �� � �� Pollution
Protection of
d �� Private p �� Fisheries � ��
� �� � �� Wildlife Habitat
g� M Groundwater Supply h. Z Storm Damage Prevention i Z Flood Control
x. This Commission hereby finds the project, asproponed. is: (chockoneofthefbUowingboxeo)
Approved subject to:
o. Z the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specihnotions, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided uyMunuoep:
Bureau 0f Resource Protection - Wetlands 242'1816
����� � � ���� � Conditions
�=u �� Form ~� -� ��, ^�K�� ��u ������x�UwDons
K�aasaohumeitnVVet|ondaProtection Act 0�.(�.L. C. 131. §4O eoepT�noounon#
North Andover
B. Findings (cont.)
Denied because:
b. 11 the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefo,e, work on this project may not goforward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
o. Fl the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Thensfona, work on this project may not goforward 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 pnr31O CK8R 10.05(6)(o).
3. [l Buffer Zone Impacts: Shortest distance between limit ofproject
disturbance and the wetland resource area specified in 310 CMR 10.02(i)(a) vjinea"feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
/\|ba,aUon Alteration Replacement Replacement �
4 Bank� ��l^ a.linear feet_- b.linear feet__ c.linear feet__ d.linear feet__
a, [] Bordering
Vegetated Wetland a,square feet b.square feet o.square feet d.square feet
V. Fl Land Under
VVoharhodiosmnd e.square feet b.square feet ^.square feet d.square feet
Waterways
r. Fl Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage ,e.\Cubic feet
�— r'cubic-w�[�� g.cubic feet »/^xmc feet
���
8. Fl Isolated Land
Subject toFlooding m.square feet u.square feet
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Cubic Feet Flood Storage c.cubic feet-- d.cubic feet--- e.cubic feet
-- f.cubic feet--
9, 0RiverhnntArea 3,625 3.625
a.total sq.fe—et b.total sq.feet
Sqhwithin 108k 2,715 2.715
c.square feet d.square feet e.square feet f.square feet
S4ft between iOO- 910 910
208M g.square feet If.square feet L square feet ].square feet
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| Massachusetts Department of Environmental Protection pm°W«d hyM*»^meP:
2421810
Bureau of ��es0Urc8P[0��CtiOO - V�8tl@DdS -
����� � � Order � �� �.�.
m�o w� Form � — .����� ��x "w�����uUons
Massachusetts Wetlands Protection Act K8.G.Ln. 131' G40 eDEp Transaction#
North Andover
-----------------------------------------------
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1n [] Designated
� Indicate size under Land Under the Ocean belowAreas '
11. [l Land Underthe
Ocean a.square feet h.square feet
12
Indicate size under Coastal Beaches and/or Coastal Dunes
� ���~ Barrier Beaches below
ou yd yd
13. [1 Coastal Beachesa.square feet b. ""
14. Fl Coastal Dunes ^"yd c« d
a.square feet b.square feet c.nourishment d.nourish rn 6"nt
15 Coastal
� ^�l^ ajmear feei— �b.linear feet--
1G. [] Rocky Intertidal
0honao n.square feet nquamf ea
17. El Salt Marshes
a.square feet b.square feet c,square feet d.square feet
18, F] Land Under Salt
Ponds a.square feet h.square feet
19, El Land Containing
Shellfish m.square feet b.square feet o.square feet d,square feet
20. [:l Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under\Naterbndieoand
Waterways, above
a.c/y dredged b.c/y dredged
21. [] Land Subject tV
(}ooata| Storm a.square feet b.square feet
Flowage
22. El RimarfnontArms
a.total sq.feet b.total sq.feet
Sq ftwithin 100ft
c.square feet d.square feet e.square feet f.square feet
8q#between 1U0'
200ft B.square feet h.square feet i square feet j.square feet
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Massachusetts Department of Environmental Protection Provided uvMowpocp:
Bureau Df Resource P[otech \� 242
�D -
\�f�8O�� -1816
����� � � ��m� � Conditions
mnx x� Form � �� "�n �u��� ��n `�����U��ons
Massachusetts Wetlands F»n)tectionAct K8.(�.Lc. 131, §4Q noepTmnnumon�
North Andover
B. Findings (cont.)
~#z».|fthe 23 Fl Restoration/Enhancement
Pm��iofor
the purpose of
restoring or
enhancing —square feet- -''' ~.square feet~'salt marsh
wetland
resource area 24. [1 stream Crune|mg(s):
m addition tu
the square
footage that a.number of new stream mvuonem o. number m replacement stream crossings
ha
s been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SouUnn B.5.o
<B\W/or
The fmUVvxin� cmndidonmare on|yap�U pro
jects.
817�cpm|( ~
Marsh)above, 1� Failure tocnmpk/v/hheUnonUiUoneoha�dben�n. and v�thoUra�b*dstatutes and other
please enter
'
the additional regulatory measures, 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 ofprivate rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, by|avvo. or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either ofthe following apply:
a. The work is n maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth ama special condition |n this Order.
o. |f the work is for Test Project, this Order ofConditions aho|[ be valid for no more than
one year.
5. This Order rnay be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for o Test Project maybeex\andedforone
additional year only upon written application by the applicant, subject to the provisions of 310
CW1R 10.05(11)(0.
& 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 ohaUban|eanDU. AnyfiNshaUoonboinnotnaah.
refuse, rubNoh, or debris, including but not limited to |umber, bhoKm, p|ashar, vvina. |ath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, of,parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided by MassDEP: �
Bureau Of Resource Protection - Wetlands 242'1810
����� � � ���� � Conditions
v�n ^� Form � ~— "�m«��� K�u `�����U�Kons
Massachusetts Wetlands Protection Act K8.G.Ln. 131, 84O *Vep Transaction#
North Andover
C. General Conditions Undery������������ ��`���M�� ��M�Y��tion Act
8. This Order is not final until all administrative appeal periods from this Order have e|apned,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
Q. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry ofDeeds or the Lend Court for the district in which the land is |ocated, 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 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 Vfwork.
10. A sign shall ba displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department ofEnvironmental Protection" [or, "KUassDEP"] �
" �
Fi|e Number 242-1816 "
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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 MaomDEP.
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 s,ignificant enough
hu require the filing ofa new Notice ofIntent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission 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 by this Order.
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Massachusetts Department uf Environmental Protection Provided hyma*aoep
Bureau 0fResource Protection - Wetlands 242'1810
�����& � � ���� � �� �~�~
��" �� Form ~^ �� ��ux���� K�u ����k�~�U�Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131, A40 roEpTrannmm|*n4
North Andover
C' General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project invo|vmeworkadiacenttoa Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall he
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. Adno time 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
en needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Comnniosion, 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 iu subject to the Massachusetts Shormvvahar8bsndards
(2) 0 io NOT subject to the Massachusetts StormvvatarStandards
|f the work im subject tothe Stornmm/otor Standards,then the project iseubjRcttVthe
following conditions:
o) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implernented 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 ao required byStornxwetor Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(ByNPs) shall remain in place until the site is fully stabilized.
U) 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 BK8Ps intended (nbeconverted
to post construction 0pe[oh0D for sb)[rnwate[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;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements nfShzrmvvaterStandard 10;
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Massachusetts Department of Environmental Protection Provided uymasmoep:
Bureau 0f Resource Protection - Wetlands 242-181G
����� � � ��r� � Conditions
Li p"o �� Form ~� -- ��x^���� ��n ����K�vuD�Uons
Massachusetts Wetlands Protection Act W1.G.L. o. 131. §4O oosp Transaction#
North Andover
C. General Conditions ....UMdey Massachusetts Wetlands Protection Act (cont.)
h( all post-construction mtormwaterBMPe are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
x any vegetation associated with post-construction Bk8Pmig suitably established to
withstand erosion.
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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 |n General Condition �8ka\\ ehmU execute submit issuing authority
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an Operation and Maintenance Compliance Statement ("O&W1 Statement) for the
StornnvvaherBK8Ps identifying the party responsible for implementing the shzrnxwmbarByWP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i) the [>&&4 Plan is complete and will be implemented upon receipt ofthe Certificate of
Compliance, and
ii.)the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Gtormvvater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
oonordonoa with the long-term pollution prevention plan section of the approved
Stormvvnter Report and, if applicable, the 3torrnwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System KAu|ti'SechorGenera| Permit.
e> Un|aom and until another party accepts responsibility, the |andowner, or owner ofany
drainage aaoennent, oseunomm responsibility for maintaining each BK8P. To overcome this
presumption, the landowner uf the property must submit to the issuing authority elegally
binding agreement ofrecord, acceptable tothe issuing outhority, evidencing that another
entity has accepted responsibility for maintaining the B[WP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(hthrough 18(k)vvith respect hy that BK4P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
10(k)with respect h>that 8N1Pshall be a violation uf the Order of Conditions orCertificate
of Compliance. !n the case nfabormwaturBK0Pa that are serving more than one lot, the
legally binding agreement shall also identify the lots that will beserviced by the etormvvoher
BQ8Pm. 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]l The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M P|sn, and the requirements of the Massachusetts
StormvvoterHandbook.
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Massachusetts Department of Environmental Protection Provided uyMaauoEp
Bureau 0f Resource Protection - Wetlands 242'1818
����� � � ���� � �� �.�.
r�" �� Form ~r -~ Order ��x ������^�U�Uons
Massachusetts Wetlands Protection Act M.G.L. o. 131' G40 ooEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act /oont.\
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, napeira, maintenance and/or replacement ofthe
ntormvvater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ocaUVn);
2. Make the maintenance log available toK4aneDEP and the Conservation
Commission (^Comnn|ssion") upon request; and
3. Allow members and agents of the [NaaaDEP 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 BK4P 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.
U The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k> Areas designated an 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, repa|r, and/or replacement ofBK4Pa shall not bawithheld.
Any fencing constructed around mtormwaterBMPs shall include access gates and shall be
mt least six inches above grade ho allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subiectto31OCPNR10.O5(l1), theapp|icantmhmUo|snimp|ementthe
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission o/Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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� Massachusetts Department of Environmental Protection Provided»yM*a*oEp:
� 2421810
Bureau Of Resource Protection - Wetlands -
����� � � ���� � o� r�^�~
m�x ^� Form � — `�" ��� ��u ������UuUons
Massachusetts Wetlands Protection Act M.B.Lo. 131, G40 moEpTrmna action#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. /s a municipal wetlands bylaw cv ordinance applicable? 0 Yea El No
u. The North Andover hereby finds (check one that app|iea):
"66-n-s-arvation Commission
u F1 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance nr bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.citation __
Therefore, work on this project may not goforward unless and until o revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order nf Conditions imissued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North Andover Welland Protection Bylaw& Regulations CbapL 190
1Muniv|pm|Ordinance orBy|mw et. aoq
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ frorn 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 docunnent):
North A d Conservation Commission Findings & Special C dih
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Massachusetts Department of Environmental Protection Provided»vMm*osp
k42-|0lO
Bureau of ��eGOU[C8Protection - \8/efl@DdG
WPA Form 5 _ Order of Conditions
Massachusetts Wetlands Protection Act K8.G.L. o. 131' §40 eocP Transaction#
Li North Andover
E. Signatures
This Order im valid for three years, unless otherwise specified aomspecial
onndiUunpumuanthmGeoem\Conditionn#4.hom{hedmk+uf|xsuunom. 1 uma
of Issuance
Please indicate the number of members who will sign this form.
This Order must bo signed hya majority of the Conservation Commission. z.mumomrorSignew
The Order must bo mailed by certified mail (return receipt requested)or hand delivered ho the applicant.A
| mu��bo mailed or hand da|�an*dud the same Umetothe appvopdaheDopm�mentn/
~~'Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Printed Name
20
Signature Pfin d Nam
- .1- ru,
Printed Name
SiVn-atur Printed Name
�ignature— Printed Name
[l by � ner�edmmii ��m ���
— y requested, on
Date
p�ommm
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Massachusetts Department of Environmental Protection Provided uymaomusp:
Bureau of Resource Protection - Wetlands 242-181S
����� � � ���� � Conditions
MassDEP
�wo �� Form ~� -- ��ov���� ��n ��������UuR��k���
Massachusetts Wetlands Protection Act K8.G.L. o. 131. §40 uoeP 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, o/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 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 at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she |a
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public henring, requesting e Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
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 nu appellate jurisdiction.
wpafmm5,doc'rev uomo020 Page 12um
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau nf Resource Protection - Wetlands 242'1816
����d� � � ���� � Conditions
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yNosaoohus��toVV�U��d� PnJt��U�DA�� K8.(�.L. �. 131' G4O eosPT�nmamiun#
North Andover
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 is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be rioted 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 hz the Conservation Commission listed below.
North Andover
Onbanh on dotted |inm, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
-'--------------------'--- � � �' � �'� � � �--- --------------'--------------'-----
,o:
North Andover
Conservation Commission
Please be advised that the Order ofConditions for the Project at
825 Johnson Street 3424816
Pn8ouLooation MammoEP File Number �
Has been recorded at the Registry of Deeds of:
NorthennEaoex
County Book Page
for: Kevin &A|ioon Sparks
Property Owner
and has been noted |n the chain of title of the affected property in:
2986 316
.Book Page
In accordance with the Order ofConditions issued on:
11-30-21
Date
If recorded land, the instrument number identifying this transaction is:
If registered |end, the document number identifying this transaction is:
Document Number
Signature of Applicant
vvrmxxmum*'rev anmzmv Page mofm
DEP FILE' 9 242 - 1,816 325 Jolinson Street
Current Protect Site Conditions: The project site currently consists of a 1.97-acre residential
lot with an existing single-family house constructed in 1976, with associated septic system,
driveway, utilities and landscaping.
The NACC agrees with the delineation of the following wet-land resource areas as reviewed
by the Conservation Administrator and 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) associated with an open waterbody -
Wetland Flags 1A -4A
b. Bank of Perennial Stream Flags 113 - 9B
c. 200-Foot Riverfront Area
d. 100-Foot Buffer Zone to BVW
e. The project does not lie within NHESP Priority Habitat
f. The project does not occur within the 100-year floodplain
There are no previous permits or records on file with the Conservation Department for this
parcel.
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above, The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
21- The proposed work includes: construction of a 2-car detached garage, drywel I to
collect new roof runoff, gravel driveway extension with associated tree removal and
grading, abandonment of septic system and connection to Town sewer, connection to
gas, two concrete pads for anticipated heat pump and. generator. Work to occur
within 100' Buffer Zone to small fringe of BVW associated with an open waterbody.,
200-Foot Riverfront Area to perennial stream and a pond and within the Watershed
Protection District to Lake Cochichewick. The proposed garage will be 55 feet from
the bank of the stream at its closest point. The existing gravel driveway is within 25
feet of the BVW and. bank, but the new gravel expansion is between 25 and 50 feet,
Most of the gas connection is outside jurisdiction, the cesspool is just inside the buffer
zone, and about 1/3 of the sewer line is just inside the buffer zone.
325 Johnson Street #242-1816
Findings&Special Conditions
Page 1 of 19
DEP FILE # 242— 1,816 325 Johnson Street
The garage required both Watershed Special Permit and ZBA approval as there is a
building proposed within the watershed to Lake Cochichewick.
Horsley Witten Group performed a peer review on the stormwater and Watershed
Special Permit requirements on behalf of the Planning Board,
The Planning Board issued an approval for this project under a Watershed Special
Permit dated August 1-7, 2021, and the ZBA granted a variance per its decision dated
August 17, 2021.
A written Riverfront Alternatives analysis and associated calculations were provided
and showed that, the lot was created prior to October 24, 1994, and therefore per 310
CMR 10.58 (4) 2, a. alternatives are limited to the lot itself, 78,445 square feet of the lot
is within the 200' Riverfront Area- per 310 CMR 10.58 (4) 3. d. up to 10% of the lot
within Riverfront may be altered (totaling, 7,845 s.f, for this property). Total
alterations on site, including the proposed work under this OOC equal 7,590 s.f.
22, The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Owner: Kevin & Alison Sparks
325 Johnson Street
North Andover, MA 01,845
Project Representative/Engineer: Jolua Sullivan
Sullivan.Engineering Group, LLC
P.O. Box 2004
Woburn, MA 01888
Project Wetland Consultant: Norse Environmental Services, Inc.
92 Middlesex Road, Unit 4
Tyngsboro, MA 01879
Notice of Intent: WPA Form 3 and associated documents, narrative and
associated attachments
Dated: May 20, 2021.
Prepared by: Sullivan Engineering Group, LLC
Site Plans prepared by: Sullivan Engineering Group, 1J,C
"325 Johnson Street Plot Plan of Land" signed and
stamped by Paul "Finocchio &John Sullivan
Scale 1"=20', final revision dated August 9, 2021
Other Documents: Stormwater Peer Review, prepared by Horsley Witten
Group, dated June 8, 2021
325 Johnson Street #242-1816
Findings&Special Conditions
Page 2 qf 14
DEP FILE #242— 1816 325 Johnson Street
HydroCad Calculations & Drainage Diagram, dated
August 9, 2021 prepared by Sullivan Engineering
2nd Stormwater Peer Review, prepared by Horsley Witten
Group, dated August 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 1.0.00), the North Andover Wet-land ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
27. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations. The Conservation Department will be copied on any permits or
approvals from the Army Corp of Engineers as part of the General. Permit process.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulatioils).
325 Johnson Street #242-1816
Findings&Special Conditions
Page 3 of 14
,
DEP FILE #242— 1816 325 Johnson Street
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 Conu-nissiort 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 is established from the
edge of the adjacent wetland resource area as shown on the herein referenced plan.
The Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local Bylaw.
33. The applicant, homeowners, their successors in title, and their contractors are advised
that NO other work on the property is allowed under this permit. The NACC has
jurisdiction over all of the wetlands and associated 100-Foot buffer zones and 200-Foot
Riverfront on site and any work that involves ground disturbance or changing the
current conditions in these areas will require permitting with the NACC. This
includes, but are not limited to, house additions, pools, patios, decks, sheds, fences,
garden beds, landscaping and bridge installation, tree or vegetation or
tree cutting/pruning. These activities shall be held to the current standards under the
Bylaw and WPA and must be reviewed under a separate application submitted to the
Conservation Commission.
34. 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.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
325JohnsonSfreel #242-4816
Findings&Special Conditions
Page 4 of 14
DEP FILE 4 242— 1816 325 Johtisoii Street
36. 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 darnage or any other form of
water damage.
PRIOR TO CONSTRUCTION
37. 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.
38. This Order shall be recorded by the applicant at the Registry of Deeds, in its entirety,
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.
39. A check payable to the Town of North Andover shall be provided in the amount of
two thousand five hundred dollars ($2,500), which shall be in all respects satisfactory
to `Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover TownTreasurer 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. 'I,his condition
is issued under the authority of the local Bylaw.
40. A dewatering plan with proposed BMP's, locations outside the 25-Foot No Disturb
Zone, and the means and methods shall be depicted on the approved plan and
submitted to the Conservation Department for review and comment,
41. After Conservation Department approval, all dewatering BMP's shall be installed on
site in time for the pre-construction meeting for review by the Conservation
Department. NO discharge of water is allowed directly into an area subject to
325 Johnson Sit-eel 11242-1816
Findings&Special Conditions
Page 5 of 14
DEP FILE # 242— 1816 325 Johnson Strect
jurisdiction of the Wetlands Protection Act. If any 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,
42. A construction schedule shall be forwarded to the Conservation Department for
review and comments.
43. Prior to construction, the applicant/contractor shall submit a shade-tolerant seed mix
specification that is native to New England for the seeding of the sewer and gas trench
areas.
44. A sign shall be displayed visible from the public right of way, not less than two square
feet or more than three square feet in size bearing the words "Mass DEP,File Number
242-1816.11
45. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
46. 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,
47. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can.be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
48. At a minimum and as noted on the approved plan, erosion control shall consist of
12" mulch sock staked and backed by entrenched siltation fence shall be installed as
shown on the herein referenced plans and as determined necessary by the NACC or
325 Johnson Street #242-1816
Findings&Special Conditions
Page 6 �f o 14
DEP FILE #242— 1816 325 .Jolnison Street
its agent. The erosion controls will be properly installed and placed 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 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 Con-emission's request.
49. All existing catch basins, if any, within 100' of the work shall be protected by Silt Sacks
to prevent sediment from entering the drainage system, Silt Sacks or other catch basin
protection shall be maintained and regularly cleaned of sediments until all areas
associated with the work permitted by this Order have been permanently stabilized
and the NACC. and/or Conservation Department has formally approved their
removal.
50. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, 50 feet of additional mulch sock with sufficient staking, and not less than
three (3) 100% biodegradable erosion control blankets with sufficient wooden st,--IkiLA&
protected from the elements. Said erosion control shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
51. Prior to construction and in consultation with the Conservation Department the edge
of the 25' No Disturb Zone shall be morrumented with 4x4 pressure treated posts (or
on mature trees where appropriate), bearing wetland markers at a 30-foot interval for
a total of eleven (11) 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 wetland. Said
markers are available for purchase in the Conservation Department at Town 1--lall. 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.
52. The applicant shall designate a Wetland Scientist
(or other enviroiu-nental 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. 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
325,lohnson5freet #242-1816
Findings&Special Conditions
Page 7 of 14
I)EP FILE #242— 1816 325 Johnson Street
weekends, Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall have the
authority to stop construction for erosion control purposes and direct actions for
remedies. 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.
53. 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 photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control.monitor 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 events of 1/2" inch. of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
54. Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required.for
this project, and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note: The Building Permit shall have been applied for at the time of a pre-
construction meeting with the Conservation Department, and Conservation
Department sign off will not be granted until pre-construction conditions are satisfied.
55. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document-shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction,
325.1ohnson Street #242-1816
Findings&Special Conditions
Page 8 qf 14
I)EP FILE #242— 1816 325 Johnson Street
56. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to construction and shall arrange
an on-site conference with the applicant, an NACC representative, the contractor the
engineer, and wetland scientist monitor 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).
STC)RMWATER MANAGEMENT CONDITIONS
57. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
58. The 1,000 gallon drywell that will receive garage roof runoff shall be maintained per
the manufacturers specifications. This condition shall be on-going and survive the
issuance of a Certificate of Compliance.
59, Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
60. IMPORTANT: Immediately upon completion of the garage foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. [Failure to comply
may result in a stop work order for the site.]
325 Johnson Street #242-1816
Findings&Special Conditions
Page 9 of 14
DEP FILE #242- 1816 325 .Jolnisoii Street
61. Upon beginning work, the applicant shall submit written weekly progress reports
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. Reports shall be submitted in as part of the weekly environmental
monitoring, report.
62. Associated pavement and roadways shall be swept daily 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 tin-stabilized.
63. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay or biodegradable erosion
control blankets, All disturbed areas must be graded,loamed and seeded prior to
November Ist 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.
65. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical) unless otherwise shown on the approved plan.set. Slopes of steeper grade
shall be rip-rapped to provide permanent stabilization.
66. 17here shall be no stockpiling of soil or other materials within one hundred 25 feet of
any resource area. Stockpile locations for all erodible materials (stone/soil) shall be
confirmed at the pre-construction meeting. All stockpiled material shall be contained
within erosion controls, and at the Conservation Administrator's direction surrounded
by separate erosion controls if deemed necessary. Excavated material not suitable for
re-use shall be trucked off-site.
67. Washings from.concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
325.1ohnsonStreet #242-1816
Findings& .�)ecial Conditions
Page 10 of 14
DEP FILE H 242— 1816 325 Johiisoii Street
68. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
69. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. 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 IM
71. 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 theTown's Wetland protection Bylaw,
72. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Welland Protection Bylaw and
shall remain in perpetuity.
73. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
74. 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.
75. The current driveway is gravel. If the applicant/owner wishes to pave the driveway,
this activity must be reviewed and approved by the NACC under a separate permit.
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)
325 Johnson Street #242-1816
Findings&Special Conditions
Page I I of 14
DEP FILE # 242— 1816 325 ,lohitsoi7 Street
to stormwater runoff. This condition shall survive the Order of Conditions and shall
run with the title of the property.
76. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
77. 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.
78. Upon completion of the project the applicant shall submit the following to the
Conservation Conu-nission 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. An "As-Built" plan of the new portions of the sewer pipes and pump station shall
be prepared and signed and stamped by a Registered Professional Civil Engineer
(P.E.) (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. Specifically, "As-Built" plans should include inverts of all drainage
structures above and below grade (also to be provided in table format), and
an engineer's certification that the drainage system has been constructed
and is functioning in accordance with the approved design. NOTE: If
portions of the stormwater systems exist partially within the Buffer Zone
then the entire structure must be depicted to accurately verify compliance.
"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 Welland Protection Bylaw.
325 Johnson Street #242-1816
Findings&Special Conditions
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DEP FILE # 242— 1816 325 Johnson Street
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 aliv disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
79, 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
1.00 feet or 200 feet 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);
NO other work allowed without additional permits from NACC (Condition
#33);
Maintenance of wetland markers and posts (Condition #51);
Maintenance of the 1,000 gallon drywell (Condition #58);
Discharge or spillage of pollutants (Condition #70);
Prohibition of underground fuels (Condition #71)
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72);
Limitations on de-icing materials (Condition #73);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #74);
Driveway surface changes, prohibition or coal tar sealants (Condition #75).
325 Johnson Slreel 4242-1816
Findings&S�mcial Com-litions
Page 13 of 14
DEP FILE # 242— 1816 325 Johnson Street
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the _of.....
. .........................(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions—---have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the ............ of
(position with owner) (owner name)
the owner upon whose land Order of Conditions.........
have been placed tip by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that have received said Order of Conditions.--,-,,
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of—20
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury day of 20--_1
....................
(Signature-authorized agent of applicant or owner)
325 Johnson.Street #242-1816
Findings&Special Conditions
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