HomeMy WebLinkAbout242-1827, 60 Campbell Road OOC - Permits #242-1827 - 60 CAMPBELL ROAD 12/9/2021 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1827
WPA Form 5 — Order of Conditions MassDEP File#
#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DffOTransaction
North Andover
City/Town
A. General Information
Please note: North Andover
this form ties 1. From, ----------
been modified Conservation Commission
with added 2. This issuance is for
space to a.M Order of Conditions b.1771 Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Tate Sahagian
... ................... ......
a.First Name b. Last Name
Important:
When filling ..............
out forms on c.Organization
the 60 Campbell Road
computer, d.Mailing Address
use only the
tab key to North Andover MA 01845
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
...........................
VQ a. First Name b. Last Name
---------------
c.Organization
relrm
. ...... .................................... ..............
d.Mailing Address
—---------------------------
e.City/Town f.State g.Zip Code
5. Project Location:
60 Campbell Road North Andover
a. Street Address b.CitylTown
Map 106B Lot 66
c.Assessors Map/Plat--Number- d. Parcel/Lot Number ..........
Latitude and Longitude, if known: 42d64m0250s 71d05m6570s
d.Latitude e.Longitude
vipaform5.doc-rev 5/1812020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided uyMammosp:
Bureau of Resource Protection �/��{�iOD - � tlGDdS 243-1827
����� � � Order � �� �.�~
m�n ^� Form � �� "������ ��o "����x�U��ons
Massachusetts Wetlands Protection Act M.G.L. o. 131. G40 *osp Transaction#
North Andover
Ci(y[Tvwn
A. General Information (cont.)
O. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registered land)
17075 179
c. Book d. Page
r. Dates:
September 1 Novembor22 2021 Deoember9 2021
a.Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan to Accompany Notice f Intent 8OCampbell R ad Buffer Zone Restoration Plan
Williamsa. Plan Title
& Sparages Richard L. Williams, PE
b. Prepared By c.Signed and Stamped by
Nnvmmbor3. 2021 *to be further revised 111=20'
per Special (� dib #36° e.8oa|°
See attached list of all a d documents dplans
[Additional P|oo or Document O. Date
------------------------
B~ Findings
1� Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
thaoxaaminvvhiohworkispx>pomedisaigniUoanth1thefoUowinginhsnantsVftheVVetlends
Protection Act(the AcU. Check all that apply:
a
� 0 Prevention of
�� Public � [l Land
� �� � �� Pollution
d
� �� Protection of
�B Private e� �J Fisheries
� �� �� VVi|dUha Habitat
g. 0 Groundwater Supply h. Storm DonnagaPrevention i. Z Flood Control
Z This Commission hereby finds the project, ouproposed, is: (oheokoneofthefo||oxvingboxma)
Approved subject to:
o. E the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced 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.
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Massachusetts Department of Environmental Protection Provided byMasooFP:
BUPe@UOf Resource Protection - Wetlands 242-1827
����� � � Order � Conditions
�mu �� Form ~, -- ���v�K�� ��n ��������U�8ons
Massachusetts Wetlands Protection Act M.G.L. o. 131' §4O transaction#
North Andover
B. Findings (cont.)
Denied because:
b. [l the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project maynotgofomvardun|emsand
until o new Notice ofIntent is submitted which provides measures which one adequate to
protect the interests of the Act, and o final Order of Conditions is issued. /\ description of
the performance standards which the proposed work cannot meet is attached to this
Order.
C. 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.
Therefore, work on this project may not goforward unless and until u 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 tothis Order as pmr31O G88R 10.05(6)(n).
3. H Buffer Zone Impacts: Shortest distance between limit of project 31
disturbance and the wetland resource area specified in 310 CyWR 10.02(l)0a\ ajin,arxeet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4 Bonk� ��l� � linear feet lb.linear feet
�— c_li�����-- ��near feet--
5. [l Bordering
Vegetated Wetland o.square oa*t ;.oquamoeot r,square feet u.square feet
O. Fl Land Under
VVotorbodieaand a.square feet b.square feet o.square feet d.square feet
Waterways
r, Fl Bordering Land
Subject toFlooding u.square lfeet
— d.wnumre few
Cubic Feet Flood Storage e-c����-- �����et -- 9.cubic feet h.�vm���--
8. n Isolated Land
Subject to Flooding m.square feet u.square feet
Cubic Feet Flood Storage ,�,�»mi��-- ���v�����-- e.Cubic feet — f.cubic feet--
8. 171 R|vedrontArea
a.total sq.feet b.total sq.feet
Sqftwithin 100ft
c.square feet d,square feet e.square feet f.square feet
Sqh between 188-
2OO8 g.square feet i�eooamf*at i.square feet j,square feet
Nvpwmm .*n'rev w8/2.m Page 3mm
4
Massachusetts Department of Environmental Protection Provided by Masnosp:
Bureau of Resource Protection - Wetlands 242-1827
����� � � ���� � Conditions
��o �� Form ~� -- Order ��n ������v�D^Uons
KAaeoechueet(oVVm\|mndnProtection Act W1.G.L. o. 131, §40 eo�pnanmmmion#
North Andover
cityrrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
io Designated
� ��[l Indicate size under Land Under the Ocean below
Areas '
11. [l Land Under the
Ocean m.square feet h.square feet
12
Indicate size under(�ogsha| Beaches and/or Coastal Dunes
� �Fl� Barrier Beaches below
13. E] Coastal Beaches —yd -'
yd
a.square feet b.square feet c.nourishment a-.—n6ur'is'h"m en'-t'
ou d 14, E� Coastal Dunes oud
a.square feet b.square feet c. nourishment d. nourishment
15 Coastal
� ���� a. linear feet
-- linear fee t —
16. [l Rocky Intertidal
Shores a.square feet b.square feet
IT [l Salt Marshes
a.square feet b.square feet G.square feet d.square feet
1& [l Land Under Salt
-----
Ponds a.square feet b,Square feet
1V. F] Land Containing
Shellfish a.square feet u.square feet o.square feet w.square feet
zo. 171 Fish Runs Indicate size under Coastal 8onka. Inland Bank, Lend Under
the Ocean, and/or inland Land Under VVobarbodiesand
Waterways, above
a.c/y dredged b.c/y dredged
21. Fj Land Subject to
Coastal Storm a,square feet b.square feet
Flowage
oo. El Rive�ron�Armo --
-- e.total sq.feet o.mm/en.fee,
Sqft within 1O0ft
c.square feet d.square feet a.square feet f.square feet
Sqh between 100'
2000 q.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided hvmaoxoeP:
2421827
Bureau of ��esOU[C8Protection - V�efl@DdS -
����� � � Order � Conditions
��x ^� Form � — "������� ��u `������K�Uons
Massachusetts Wetlands Protection Act K8.B.L. o. 131, §40 ^oep Transaction#
North Andover
� i
B. Findings (OODt)
°#23,|f the 23 Fl Restoration/Enhancement
p«4o��for
� ��
the purpose of
restoring or
enhancing ~.Square fee`~'--` `.square feet~salt marsh
wettand
resource area 24. F1 straomCromm|ngbA:
m addition m
the square
footage that °,x"m"v/of new stream crossings V xvm""/ "/ /"v/",v'veo'uve"mumuv.vwv
has been
C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Sactione.u.c
(8\mV «' The fo||oxv|n0conditions are on|ya |io�b|�to ��pprov�� projects.
m17.^�a� pp �'-^
Marsh)above, 1� Failure tuoom��with aUcondiUonostated herein, and vvhhoUns�bedsbdubesand 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 Knpr|vateprnpedynrinvonionofphvateh8hha.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, atata, or local etatutes, ordinances, bylaws, 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 ina maintenance dredging project axprovidedforinthaAot; or
b. The time for completion has been extended hom specified date more than three years,
but less than five yea[s, 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 asa special condition in this Order.
o. |f the work is for aTest Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods ofuptothree
years each upon application to the issuing authority at least 30 days prior to the expiration
date nf the Order. An Order nf Conditions for a Test Project moybeextendeUfornne
additional year only upon written application by the applicant, subject to the provisions of 310
CIVIR 10.05(11)(f]I.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project ahaUbec|manfiN. AnyfiUuhaUoontoinnotuaeh,
refuse, nubhiah, or debris, including but not limited to |umber, bhoka, plaster, wire, |ath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
4
Massachusetts Department mf Environmental Protection Provided byM^m»nEp:
242-1827
Bureau Of Resource pn]teCfioO - We[l8Ods
����� �� � Order � �� ��~�~
mmn ^� Form � — .���«�� ��x `����m�U�Uons
Massachusetts Wetlands Protection Act W1.G.L. c. 131' 840 �—
--
NorthAndover
ityfTown
C. Genera} Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has becorne final and then has been recorded
in the Registry ofDeeds or the Land Court for the district in which the land is |noeted, within
the chain of title of the affected property. In the case of naonnded land, the Final [)ndor shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
vYh|Vh 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 hy the Registry of Deeds, prior tn the commencement ofwork.
10. A sign shall be displayed at the site not less then two square feet nr more than three
square feet in size bearing the words,
"PNonsaohun*(tsDepurt0ontnfEnviron[meDts| P[otect|oD" [nr. ~K4assDEP"}
"File Number 242-1827 ^
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 KAaaaOEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) h)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 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 nr Department for that evaluation.
18. 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 bv this Order.
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Massachusetts Deo�rhn�ntof�nvirVnm���| �rm1 �t�n Provided hyMmwosp
'
Bureau of Resource Protection - Wetlands242
-1827
����� � � ���� � ^� �.�.
��x ^� Form � — .�u��� ��u ~������xUons
Massachusetts Wetlands Protection Act K8.G.L. c. 131. Q40 'osp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior tVthe start of work, and if the project involves work adjacent too Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no 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
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion 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\ 171 io subject to the Massachusetts 8tornlmahsrStandards
(2) Z in NOT subject to the Massachusetts StormxveterStandards
|f the work |e subject twthe Storrnvvaier Standards,then the project imsubjaottnthe
following conditions:
a) All work, including site preparation, land disturbance, construction and nedava|npnnanL
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the ShormxvaterPollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit ay required byShormwahar Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPe) shall remain in place until the site ie 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 /n the Certification. For any construction period BK8Po intended tobeconverted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional EnQinaar, certifying the site ie fully stabilized;
X. any illicit discharges to the stormwater management system have been removed, as per
the requirements ofShzrrnm/mterStandard 10;
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4
Massachusetts Department of Environmental Protection Provided by MassmEP:
242'1O27
Bureau of F�esOU[C8P[Ot8C�OO - \�/ef8DdG
����� � � Order � Conditions
w�m m� Form � �- *����� ��n ��������Uons
Massachusetts Wetlands Protection Act M.(S.L o. 131, 840 *oEpTrana*�iom#
North Andover
n
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
ix all post-construction ntormwebar BK8Pe are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BW1Ps is suitably established to
withstand erosion.
c> The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
mn Operation and Maintenance Compliance Statement("0&K0 Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan (^()&[N Plan") and certifying the following:
i) the (]&W1 Plan is oomo|eh*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 |aQa|
responsibility to operate and maintain the mhorn)wxahprmanagement BK8Psamd
implement the Stnrmvvoter 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
Stnrmvvotar Report and, if applicable, the Shormvveha/ 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 BPNP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement ofrecord, acceptable to the issuing auihority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18UlthrnuBh 18(k)vith respect to that BMP. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(h)with respect to that BPWPshall haa violation of the Order ofConditions or Certificate
of Compliance. |n the case ofnhxrmvvotorBPNPm that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the sdorrnvwater
BN1Pa. 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.
R The responsible party shall operate and maintain all mtormwoherBKAPm in 000Vrdmnne
with the design plans, the O&M Plan, and the requirements of the Massachusetts
ShzrmmoaterHandbooh.
4
Massachusetts Department uf Environmental Protection Provided uyMamooEp
Bureau of Resource Protection - Wetlands 242-1827
������ � � Order � �� x�~�~
�wm ^� Form � �~ .����� ��x ~�����U^Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131. 840 e m»ouui^ow
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act /CODt.\
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
atornnwab*r management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ocod|on);
2. Make the maintenance log available toK4ounDEP and the Conservation
Commission (~Comnniemion^) upon neqweetand
3. Allow members and agents of the yWamaDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
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 as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
|> Access for maintenance, repair, and/or replacement of BIMPs shall not be withheld.
Any fencing constructed around shormvvaterBK8Ps shall include access gates and shall he
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document): '
20. For Test Projects aubiectto31OCK4R10.D5(11). theepp|ioantnhaUa|eoimp|ernentthe
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project thraabanathe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project eadirec(edbytheoonoervotion
commission ur the Department.
4
Massachusetts Department of Environmental Protection Provided uvma000ep:
Bureau 0f Resource Protection - Wetlands 242-1927
����� � � Order � Conditions
��n »� Form � — `��x��� ��m ~�����uDuUons
Massachusetts Wetlands Protection Act W1.G.L. o. 131` §40 uosp Transaction#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |sa municipal wetlands bylaw or ordinance applicable? M Yes [] No
2. The North/\ndnvor hereby finds (check one that app|ion):
Conservation Commission
m 0 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, apeuiUoo||y:
1. MUnicipal Ordinance or Bylaw 2.Citation
_-
Therefore, work on this project maymntgofonmandun|esnondunU| orovimgdNVUceof
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions |nissued.
b. E that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North A d Wetlands Protection Bylaw& Regulations Chap. 180
1Munioipm|Ord inmn000rBylaw ecsoq.
J. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice nf Intent referenced above. 7o the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach m text donumenU:
North Andover Conservation Commission di &Special Conditions
"nafo"mo.dGc'rev^nWm" Page mum
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Massachusetts Department of Environmental Protection Provided by MwsDEP:
242-l82?
Bureau gf Resource Protection - Wetlands
WPA Form 5 ~_ Order of Conditions
Ma
ssachusetts 131. 840 *ospTranoaction«
North Andover
cif Frr6w--n
E. Signatures
_ _�=
This Order isvm|NforWh m unless otherwise aaospecial
condition pursuant h/General Conditions#4.from the date missuance. 1 "a~.. ~
suance
Please indicate the number of members who will sign this form.
This Order must bo signed bya majority cf the Conservation Commission. z.Number mSigners
TheOrd�rmust be mailed byce�i0ed mail �oummcoiptmqueehmd)or hand do|ivomdW the upp|ioenLA
hhmU Department'^- -also
-- n�m ^ mai|mdor'hand da\�eredat the same dmato the approp a epa if different
muEnvironmentast be
kmu\Office, Rmd��go�oho�c��. and the prope�yuwne�
from applicant.
|
Printed Na
� _`,__e Printed
�
| mon"wr Printed
i
Signature Printej Name
ture Printed Name
Printed Name
Signature
Fl by [� by certified mail, ��m �ce|�
^~ ' � requested, on (��
Date
Page 1`mm
| "paform5.moc'rev 5118/2020
4
Massachusetts Department mf Environmental Protection Provided uywaaooEFc
Bureau of Resource Protection Wet
lands 242'1827
����� �� � ���� � �� «�.�.
�mu �� Form =v -- ��uv���� ��n ������^�K^Uons
Massachusetts Wetlands Protection Act M.G.Lc. 131, R40 eosp Transaction#
North Andover
-------
F~ Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject tnthis Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7)within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
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. Previoum
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which isbeing
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G,L. c, 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided byKassDEP:
Bureau of Resource Protection - Wetlands 242-1827
����� �� � Order � Conditions
Lll� �mo �� Form .� �� ���~���� ��u ������vu��Nons
Massachusetts Wetlands Protection Act K4.G.L. c. 131, §40 ensp Transaction#
North Andover
City/Town
G. ReGord~ng Information
Prior tn commencement of work, this Order of Conditions must be recorded in the Registry nf
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 oheU also be noted in the
Registry's Grantor Index under the narne 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 bo the Conservation Commission listed below.
North Andover
onservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
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T»:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project ot
60 Campbell R d 242-1827
roject Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book PoQu
Tate 5oha i
for:
er
and has been noted in the chain of title of the affected property in:
17075 179
In accordance with the Order nf Conditions issued on:
12-OS-21
|f recorded land, the instrument number identifying this transaction is:
Instrument Number
|f registered land, the document number identifying this transaction is:
60 Campbell Road #242-1827
Findings of Fact
Current Project Site Conditions: The 1.03-acre project site currently consists of an existing
single-family house constructed in 1975 associated driveway, deck, 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:
Small Project Permit issued in July of 2021 for abandoning septic system and
connection to Town sewer system.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field 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)- Wetland Flags AlA - AM, Al - All
(BVW straddles 60 & 80 Campbell Road)
b. Bordering Vegetated Wetland (BVW) - Wetland Flags Bl - B8 (located across
Campbell Road)
c. 100-Foot Buffer Zone to BVW's
d. The property at 60 Campbell does not lie within NHESP Priority Habitat, but 80
Campbell does
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 followim,_ 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 governed under this NOI includes: raising the grade at the
driveway shoulder by about 15to construct a 10' wide gravel driveway extension to
be retained by a 1.5' boulder retaining wall. After-the-fact tree removal at the front
street-side of the house, grading and proposed landscaping, outside the 25' NDZ'
partially within the 50' NBZ, The existing stone in the backyard is proposed to be
removed from the area and used as the base for the proposed driveway extension.
60 Camphd Road 02,121827 NIAUC hmfings& a;peckfl CmA6ow,
60 Cainpbell Road #242-1827
Construction of a permeable circular paver patio is also proposed off the existing deck,
located outside 50' NBZ. A 10'x12' shed to be installed at the end of the driveway
outside 50' NBZ. General restoration of lawn areas between the house and the top of
slope.
**NOTE: This property is also governed by an Enforcement Order, issued on October
. . y
28, 2021, that requires restoration of the rear slope located on 60 &80 Campbell Road,
by removing imported .fill to return to pre-existing grade, loam, replant with native
shrub species and native seed mix, stabilize with biodegradable erosion control
blankets and construction of a 2'x2' field stone wall at the top of the slope to be
monumented with wetland markers. Any conditions in the Enforcement Order
related to the slope restoration that are more restrictive than those found herein shall
rule.**
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent and associated attachments filed by: Tate Sahagian
60 Campbell Road
North Andover, MA 01845
Wetland/Engineering Consultant: Williams & Sparages, LLC
c/o Thorsen Akerley
189 North Main Street, Suite 101
Middleton, MA 01949
Site Plan:
"Plan to Accompany a Notice of Intent 60 Campbell Road, North
Andover, MA - Buffer Zone Restoration Plan"
Prepared by Williams &Sparages, signed and stamped by Richard
Williams, PE
Scale 1"=20' revision dated November 3, 2021 **To be further revised
per Special. Condition #36 below"
Other Documents: Division of Fisheries &Wildlife, NHESP Tracking No: 21-40547,
dated October 20, 2021 -no adverse effect determination
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.
(4)Con1pNH Road U?4).18D NACU 11�mfinlqs&Spc6al (,onchtioms
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60 Cainpbell Road #242-1.827
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of 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, ordinal-ices, by-laws
or regulations.
28. The work aut1iorized hereunder shall be completed within three years from the date of
tl-iis 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 Sectio)i 8.3) of the North
Aticlover Wetlai-id Regtilatims).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25) o-
60 Campbell Roc ud Q42 �S27 NIA(V Fiind inus&S'pccinl Cuiidiplons
60 Campbell Road #242-1827
Disturbance Zone and a fifty fqot 5 No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
33, This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain any 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 indernrlify 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 any drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
36. Prior to any work or the pre-construction meeting, the plan shall be revised to depict a
notation that the top of the upland side of the field stone wall at the top of the slope
shall be not less than 2 feet above grade (the full exposed profile of the wall on the
upland side shall be not less than 2 feet above grade).
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, 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
60 a mriphe I'I Road 8242-Z 821 NIACC u-rndinps&, Spc6laf Cond fiom�
60 Campbell Road #242-1827
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 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 inforination 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 Town`Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions, hereof,shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
40. A sign, visible from the street, shall be displayed at the site not less than two square
feet or more than three square feet in size bearing the words "Mass. DEP #242-1,827."
41. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. 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.
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60 Catiipbell Road #242-1827
44. 1 The existing row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall
remain properly installed between all construction areas and wetlands, and any
additional sections of erosion control as shown on the plans approved and referenced
herein and shall be installed and then 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 frorn. 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.
45. The applicant/contractor shall have on hand at pre-construction meeting, additional
50 feet of mulch sock and 3 rolls of 1.00%biodegradable erosion control blanketing
(NO plastic netting allowed) and sufficient stakes for staking, both covered from the
elements, and shall be used only for the control of emergency erosion problems and
shall not be used for the normal control of erosion.
46. The erosion controls shall serve as the limit of work. Workers should be informed that
no use of ma'chinery, 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.
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains anstabilized, 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
60 Cwnpbefl Ida ad 1124?-W7 NACC HIII�finys& Spvckfl(AmAcMion�
60 Campbell Road #242-1827
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. In accordance with the deadlines set by the October 28, 2021 Enforcement Order and
prior to the issuance of a Certificate of Compliance, the top of the slope shall receive a
2'x2' fieldstone wall and six (6) wetland markers as depicted on the approved plan.
This wall will demarcate the no disturb zone and shall receive wetland markers facing
upland. Said markers shall incorporate the following text on their upland side:
"Protected Wetland Resource Area". This will designate their sensitivity and assure
no further inadvertent encroachment into the wetland. Said markers are available for
purchase in the Conservation Department at Town Hall. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. The stonewall and markers shall remain
in place and posted. Markers shall be replaced as necessary in perpetuity.
50. Prior to any work commencing on-site, the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
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 Commissions 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
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
00 Camphe II Road 82d2 827 NACC kndhles&Spe6aN s G11146ons
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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
Comn-iission.
55. 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.
DURINGCONSTRUCTION
56. 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.
57. 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
60 C ainphefl Road 41242 92 7 NACC Specl d Condi(lons
60 Campbell Road #242-1.827
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied bra certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined.by
the Conservation Commission or its staff.
58. 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 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.
59. 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.
60. 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.
61. All materials stockpiling area shall be outside the 100-Foot Buffer Zone or at a location
and in a manner that will not result in erosion beyond. the limit of work into the buffer
zone or wetland. At no time shall be stockpiling of soil or any other materials occur on
the wet-land side of the erosion controls.
62. 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, 1-lowever, no
trash dumpsters will be allowed within 50 feet of the edge of IVW.
63. Cement trucks, if employed, 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.
64. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
60 Cann I;A)A Roa�I Qd2-1927 Ffiadhig,,A,Speci d Cuadflons
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100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
[AFTER CONSTRUCTION
66, Pursuant to the October 28, 2021. Enforcement Order, the slope seeding and plantings
shall receive proper watering to ensure germination and survival as weather
conditions dictate.
67. Pursuant to the October 28, 2021 Enforcement Order, the slope seeding and plantings
shall be monitored by a qualified wetland scientist for a period of 2 full growing
seasons post installation. A yearly monitoring report shall be submitted to the
Conservation Department documenting restoration planting areas and status of slope
stability.
68. Pursuant to the October 28, 2021 Enforcement Order, once the second full growing
season has concluded and final monitoring report received, the NACC will place this
item on a subsequent agenda for review and discussion to ensure that all directives of
this 2nd Amended EO have been executed to the Commission's satisfaction.
69. Pursuant to the required plantings as ordered by the October 28, 2021 Enforcement
Order, the restored slope shall be left to naturalize, with no routine residential
landscape maintenance to take place thereon. This condition is on-going beyond the
issuance of a Certificate of Compliance.
70. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wet-land protection Bylaw.
71. 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 1.00 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town s Wetland Protection Bylaw and
shall remain in perpetuity.
72. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
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73. 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.
74. 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.
75. 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
(PAI-Is) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property,
76. Upon approved site stabilization by Conservation staff and in accordance with the
October 28, 2021. Enforcement Order, the erosion controls shall be removed and
properly disposed of and all exposed unvegetated areas shall be seeded with
appropriate seed mix.
77. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c, The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
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
Con-a'nonwealth, 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,
60 'mvpheH Roa td f)242-&Q7 NACC Filafilm-"s&SpecU CondiOuilv,
60 Cauipbell Road #242-1.827
"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 Iiinit of work and the extent of existing erosion control.
devices. "Work" includes any disturbance of soils or vegetation.
78. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25No-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 Linder the
local Bylaw (Condition #32);
Resource Area Markers/Field Stone Wall (Condition #48);
Discharge or spillage of pollutants (Condition #65);
Restored slope to be left to naturalize (Condition #68)"
Prohibition of underground fuels (Condition#70)
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #71. & 72);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #73).
Prohibition of the use of coal tar based products for paving (Condition #75);
()0 Uamph:H V oad 8242.k 827 NAOIC Hudhi,�s 1( SpoJa�U(Qid tarn s
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60 Campbell Road #242-1827
APPENDIX A - AFFIDAVIT
11 on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAS7'ONE BL 0 CK)
I.. I am the
(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 up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this-clay of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions........... are presently in compliance.
(DEP File
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of----19
(Signature-authorized agent of applicant or owner)
60 OwqflMl Rw d Q42 R 82 7 NACC I imfitig�,&I SpLckd Omdi6mis
P�,q,e G 3 qA'13