HomeMy WebLinkAbout2018-02-20 Conservation On 1ri, Jan 19, 201.8 at 1:59 PM, Contact form at North Andover MA <VtsdrnailerCa),vt-snet>
wrote:
Hellojhughes,
Matthew Fiore (nifiore 15 &-rnai Lcom) has sent you a message via your contact
form (httt)s:HNvww.northaiidovenLi,-t.),�oy/tisc,�r/54/co�iittet) at North Andover MA-
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Message:
Ili Jennifer,
I live at 901 Johnson St and I attended the Planning Board meeting on Tuesday
Night 1/16/18 as an abutter to the plots that recently got sub-divided. Could
you please send me the plot delineation maps for 889 Johnson St and Plot 2A
of the new sub-division?The builder is attempting to get a permit to disrupt
the land for all 4 plots, despite only owning the land to build on two of
them,plots I A and I B. I am concerned that there are wetlands on Plot 2A and
along the property line of 889 Johnson St. And that by only building on the
two clear lots is a way of avoiding the details on the other two plots at
this time, basically circumventing the conservation committee.
Thanks in advance for your help in this matter.
Thanks,
Matthew Fiore
901 Johnson St
Anfiorel5@)g!Li�
All email messages and attached content sent from and to this email account are public records unless
qualified as an exemption under the Massachusetts'Public Records Law.
Visit us online at www.northandloverma,sipy.
Begin forwarded message:
From: Jennifer Hughes <ihughesoa northandovei-magov>
Date: Jan 22, 2018 at 9:01 AM
To: Matt Fiore <mflore I 50d gmail.com>
Subject: Re: [;North Andover MA] Johnson St/Mill Rd 4 Single Family Home Plots (Sent by
Matthew Fiore, mfiore15r_&gniai1.com)
Matthew,
Did you receive the delineation plan I sent you over the weekend? The conservation
commission did approve the wetland line on the entire property and permitted homes on
2 of the 4 lots. If you have any additional questions please feel free to call the office or
stop in to review the plan.
Jennifer A. Hughes
Conservation Administrator
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone 978.688,9530
Fax 978,688.9542
Email jhu�hes �northan�doverma�ov
Web www,northandovermg.qov
2/2/2018 Town of North Andover Mail-Fwd:[North Andover MAI Mill Rd/Johnson Street-Permit to Disrupt Lend(Sent by Matthew Fiore,mriore15@9mall...
AND
O� OVER
Monica Gregoire <mgregoire@iiorthandoverma.gov>
Massachus'I s J
Fwd: [North Andover MA] Mill Rd/Johnson Street - Permit to Disrupt Land (Sent by
Matthew Fiore, mfiorel5@gmail.com)
8 messages
Jean Enright<jenright@northandoverma.gov> Tue,Jan 30, 2018 at 4:49 PM
To: Monica Gregoire <mgregoire@northandoverma.gov>
Cc: mfiorel5@gmail.com
Monica,
Please review and consult with Jennifer Hughes and share her response and this email with the applicant so that he is
prepared to respond on Tuesday.
Jean
---------- Forwarded message----------
From: Contact form at North Andover MA <vtsdmailer@vt-s.net>
Date: Tue, Jan 30, 2018 at 4:38 PM
Subject: [North Andover MAj Mill Rd/Johnson Street-Permit to Disrupt Land (Sent by Matthew Fiore,
mfiorel5@gmail.com)
To:jenright@northandoverma.gov
Hello jenright,
Matthew Fiore (mfiorel5@gmaii.com) has sent you a message via your contact
form (https:/Avwwiiorthandovei,ma.gov/user/62/contact) at North Andover MA.
If you don't want to receive such e-mails, you can change your settings at
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Message:
Hi Jean,
On Tuesday February 6th, the Planning Board will meet again to discuss the
Permit to Disrupt the Land on 4 lots along Johnson St and Mill Rd.As you can
see,the attached email from Jennifer Hughes of the Conversation Committee
clearly states that the Conservation Committee has only approved the building
of two homes on two lots, 1A and 1 B. The attached PDF shows the wetlands
lines traveling from 901 Johnson St, to 889 Johnson,to Lot 2A.
My concern is, if a Permit to Disrupt the Land is granted for all 4 lots,
then I feel this is a sneaky roundabout way to avoid the Conservation
Committee on the other two lots. Once a permit is grated that includes Lots
2A and 2B,what is to stop a builder from purchasing the land and building
directly on top of wetlands?The builder has already show us renderings of
homes on all 4 lots, so it is obvious he plans to build eventually.
Thank you for your time and consideration on this matter.
Sincerely,
Matthew Fiore
901 Johnson St
mfiorel5@gmail.com
Sincerely„
https://mail.google.com/mail/u/O/?ui=2&ik=dadd 1872e7&jsver=n5[S-ZIkXEE.en.&view=pt&q=jhughes%4 Ono rthandoverma.gov&qs=true&search=query... 1/5
2/2/2018 Town of North Andover Mail-Fwd:[North Andover MA]Mill Rd/Johnson Street-Permit to Disrupt Land(Sent by Matthew Fiore,mfioreI5@gmail...
Jean Enright
Planning Director
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone 978.688.9533
Fax 978.688.9542
Email: jenright@northandoverma.gov
Web: wvAv.TownofNorthAndover.corn
U"
c id:ir-nageOO1.jpg@010EOF52.F68A5980
,i
2 attachments
jennifer—hughes—ernail.pdf
21 K
Iot2a—wetiands.pdf
261 K
---------------
Monica Gregoire<mgregoire@northandoverma,gov> Tue, Jan 30, 2018 at 4:54 PIVI
To: Jennifer Hughes <jhughes@northandoverma.gov>
Please see the attached comment from an abutter of the Mill/Johnson project.
Thank you,
Monica
[Quoted text hidden]
Monica Gregoire
Staff Planner
Planning Department
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone (978)688-9535
Fax (978)688-9542
Email mgregoire@northandoverma.gov
Web www,northandoverma,gov
2 attachments
https:/Iriiall.google.comfinaillu/O/?ui=2&ik=daddl872e7&jsver--n5IS-7lkXEE.en.&view--pt&q=jhughes`/`40northandoverma.gov&qs=true&search=query... 2/5
^
, 2/2/2018 lvwomNorth Andover Mail-r,d:[North Andover MAI Mill Rd/Johnson Street-Permit w Disrupt Land(Sent uy Matthew Fiore,mnom1s@ume —
jwnnKe[_hughes_emaiipdf
21K
|ot2u_uuodondm.pdf
e�
2OiK
Jennifer Hughes --j hug ham@modhandmvenna.gov> Tue. Jan 30. 2O1Oat5:U7PyW
To: Monica Gregoire xm0negoina@nodhandovmnna.gov>
Monica,
The current plan for the property shows the developer staying more than 100'hnm the wetlands on Lots 2A&213.The
Conservation Commission only has jurisdiction iDO'from a wetland resource area. That wetland line has been reviewed
| and confirmed under DEP File#242-1698 so as long as the plan shows the development more than 1 00'frotn the
delineated wetland no further permitIting with the commission will be required.
In addition, the applicant will need to file for building permits when development is ready to begin.The Conservation
Department will review plans again at that time. If the pvupnoa} has changed and any work is proposed within 180`of
wetland resource en*aa the department would not sign off on the permit and would require o 8||n8 Linder the Wetlands
Protection Act and local wetlands bylaw. Please let me know if you have further questions. '
Jennifer A.Hughes
Conservation Administrator
Town of North Andover
1%Q Main Street
North Andover, MA 01845
Phone 978.688,9630
Fax 978.68&0542
Email jhuQhes@ma�bandovemna.0av
Web umwwunmrthondmvemma.gow
[Quoted text hidden)
Monica Gregoire <mgnego/va@northandoverma.Uov> Wed, Jan 31. 201Dai11:4OAyW
To:Tom 2ahonuiko <tzeke@comcamLnot>
Good Morning Tom,
We received the following correspondence regarding the KAiU/Johnoon Road project. Please see the attached comment
from an abutter ofthe Mill/Johnson project. | spoke with Conservation regarding this comment and was provided with the
following response:
The current plan for the property shows the developer staying more than i0O'hnm the wetlands on Lots 2A&2B. The
Conservation Commission only has jurisdiction iOO'hnmo wetland resource area.That wetland line has been reviewed
hupc8mui|,0**A|a.oumnnai|/um1?v|=2BJk=uuou1e72=7uVo"er=n*|nz1k%eF.^u&viaw=pt&q=jhvgxoa%40ouooanuovermu.Quv&qx=true&moamx=query... um
212/2018 Town of North Andover Mail-Fwd:[North Andover MA]Mill Rd/Johnson Street-Permit to Disrupt Land{Sent by Matthew Fiore,mfiore15@9mail...
and confirmed under DEP File#242-1698 so as long as the plan shows the development more than 100'from the
delineated wetland no further permitting with the commission will be required.
In addition, the applicant will need to file for building permits when development is ready to begin. The Conservation
Department will review plans again at that time. If the proposal has changed and any work is proposed within 100'of
wetland resource areas the department would not sign off on the permit and would require a filing under the Wetlands
Protection Act and local wetlands bylaw.
Please let me know if you have any questions.
Thank you,
Monica
[Quoted text hidden]
[Quoted text hidden]
2 attachments
jennifer_hughes—email.pdf
21K
lot2a_wetlands.pdf
261 K
Monica Gregoire<mgregoire@northandoverma.gov> Wed, Jan 31, 2018 at 1:31 PM
To: Jean Enright<jenright@northandoverma.gov>
Hi Jean,
forgot to cc you on my correspondence sent to Tom this morning,which included Jennifer's response to the abutter's
comment. I have not heard anything back from Tom.
-Monica
(Quoted text hidden]
2 attachments
jennifer hughes_email.pdf
21K
Iot2a—wetlands.pdf
261 K
Tom Z<tzeke@comcast.net> Thu, Feb 1, 2018 at 10:36 AM
Ta: Monica Gregoire <mgregoire@northandaverma.gov>
Cc:Jean Enright<jenright@northandoverma.gov>
Hi Monica,
Just wanted to provide a response to the public comments received.
Thank you and Jen for the clarifying responses which you provided regarding the process as well.
As everyone in the Community Development Department is aware,the application for the Land Disturbance Permit for all
4 lots was submitted as a courtesy to the Town's process and the property owner, in hopes of simplifying/consolidating the
process for that permit only.
In fact, the application is the farthest thing from a"sneaky roundabout way"of avoiding permitting, and in fact by
submitting it this way it has resulted in a huge additional financial and time burden on me, that I now seriously regret
undertaking. Furthermore, everyone can be assured that I have no intentions of building on or evert submitting permit
requests for lots 2A and 2B, so the public comment that"it is obvious"what I intend to do is simply wrong and misleading.
https:llmaif.google.comlma illu/01?uf=2&ik=dadd 1872e7&jsver=n5lS-ZlkXEE.en.&view=pt&q=ihughes%40northandaverma.gov&qs=true&search=query... 415
, 2/2/2018 'town or North Andover MsN-rwd:[North Andover mx]Mill Rd/Johnson Street-Permit to Disrupt Land(Sent»y Matthew Fiore,mnore15@Amu —
For the record |thought |was treated with disrespect and contempt at the initial public hearing regarding this application,
surely not something I expected or deserved. Members of the Board and the staff either are aware, or should be aware, of
my reputation for always doing more than is required or asked of me,whether professionally or personally.
| believe that the professionally insulting content and tone of the public oommen(o'naoeived are m n*mu|t. at least in part, of
the legitimizing effect of that attitude by the Board's similar public treatment ofme. Friends and associates of mine inthe
audience for that hearing were concerned enough to message me afterward,wondering why, in their words, I was
"tm/geted" in that manner.
As always,we are working diligently to provide responses to the modifications to the plans and details that were
requested in the last few days.
Thanks for your efforts and time regarding myapplication.
Sincerely,Tom Zahomiko
Sent from myPad
(Quoted text hidden]
[Quoted text hidden]
All email messages and attached content sent from and to this email account are public records unless qualified as at)exemption under the
Massachusetts Public Records Law.
Visit vo online atvwww.nortomnuu"e,ma.00w.
^jenn|feLhugheo_emai|.pdt"
<|oKZm_yvet[mndo.pdf>
Joan Enright°jenright@northandovormo.Qov> Thu, Feb i. 2018ut10:43AM
To: Tom Z<tzoke@oomoaminei>
Cc: Monica Gregoire<mgnegoioa@nodhandovorma.Qov>
lbm.
Just to clarify, you are submitting this comment in response to public comments received and therefore, you want this
email included in the Board's meeting puokat—uornoot/
Jean
[Quoted text hidden]
Comooet<treke@oomuaoLnet> Thu, Feb i' 2O18at1O:47APW
To: Jean Enright<jendght@nodhandovermo.gov>
Cc: Monica Gregoire <mQreQo|ne@northmndovmrma.gov>
Yes,thanks.
Sincerely, Tom Z.
Sent from myPhone
[Quoted text hidden)
2/2/2018 Town of North Andover Mail-Proposed Johnson Street/Moll Rd Project
m4R " ACIi�VER ov>d th<i Gre Monica ore m re oire noranovorma.
Massachus��l� - ,,� � � � � g
Proposed Johnson Street/ Mill Rd Project
3 messages
Monica Gregoire<mgregoire@northandoverma.gov> Thu, Feb 1„2018 at 9:12 AM
To: mfiorel5@gmail.com
Cc:Jean Enright<jenright@northandoverma.gov>, Jennifer Hughes <jhughes@northandoverma.gov>
Good Morning Matthew,
For your information, the Johnson St./Mill Rd project is scheduled to be discussed at the February 6th Planning Board
meeting. I have provided you with a response to your email from Jennifer Hughes, the Conservation Administrator,
regarding the wetland resource area. Please do not hesitate to contact us if you have any further questions. Also,
Tuesday's meeting will be held in the Board of Selectmen's room at 7:00 pm.
Best wishes,
Monica
Monica Gregoire
Staff Planner
Planning Department
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone (978)688-935
Fax (978)688-9542
Email mgregoire@riortliandoverma.gov
Web www.northandoverma,gov
Town of North Andover Mail -Fwd_[North Andover MA] Mill Rd—Johnson Street-Permit to Disrupt Land
(Sent by Matthew Fiore, mfiore'l5@gmaii.pdf
105K
Matt Fiore <mfiore15@gmail.com> Thu, Feb 1,2018 at 9:30 AM
To: Monica Gregoire<mgregoire@northandoverma.gov>
Cc:Jean Enright<jenright@northandoverma.gov>,Jennifer Hughes <jhughes@northandoverma.gov>
Thank you Monica and all!
My last question/concern regarding the wetlands is that the delineation map shows a section of wetlands, right where the
builder plans to put the septic tank and leeching field, as depicted in the green highlighted area attached. Please correct
me if I'm wrong!
Thanks again for your consideration of this matter.
Sincerely,
Matthew Fiore
I I Aidea
https://maiI google.com/mail/u/0/?ui=2&ik=dadd1872e7&jsver=n5lS-ZIkxEE,en.&view=pt&q=jhughes%40northandoverma.gov&qs=true&search=query... 1/3
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[Quoted text hidden]
All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts
Public Records Lave.
Visit us online at www.northandovernia.gov.
Jennifer Hughes <jhughes c@northandoverma.gov> Thu, Feb 1, 2018 at 11:34 AM
To: Matt Fiore <mfiore15@gmail.com>
Cc: Monica Gregoire <mgregoire@northandoverma.gov>, Jean Enright<jenright@northandoverma.gov>
I have reviewed the site development plan and the septic system on this lot stays more than 1 00'from the larger wetland
resource area. The smaller area was considered non-jurisdictional by the commission.
Jennifer A. Hughes
Conservation Administrator
Town of North Andover
120 gain Street
North Andover, MA 01845
Phone 978.688.9530
Fax 97&688.9542
Email jhugties@riort@iandoverrna.gov
Web www.notthaiidovernia.gov
ri
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Massachusetts Department of Environmental Protection Provided by MassDEP:
�-, Bureau of Resource Protection-Wetlands MassDEP Pile#:242-1714
WPA Form 5-Order of Conditions eDEP Transaction fi:944238
Massachusetts Wetlands Protection Act M.G.L,c. 131,§40 City[Fown:NORTH
ANDOVER
A. General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a. W OOC b.1- Amended OOC
3 APP-plicantDetails
a.First Name ART'HUR b.Last Name RESCA
c.Organization
d.Mailing Address 250 FISHER ROAD
e.City/Town HOIDEN f State MA g.Zip Code 01520
4.Property Qwner`. .::<:::::.:=
a.First Name CAROL R. b.Last Name RESCA
c.Organization
d.Mailing Address 865 JOHNSON STREET
e.City/Town NORTHANDOVER f.State MA g.Zip Code 01845
5.'I?rb J'ceE i, 1on:.... :........ .
a.Street Address 865 JOHNSON STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors 107A e.Parcel/Lot# 28&46
Map/Plat#
f:Latitude 42.65763N g.Longitude 71.09648 W
6.Prapeity.recorded at.the Regstry of Deed'for: :;;.:::::::::::::•:..::.:::_,:::: ::=:.::;;:a::::�::::: :::.::r:.:: :.:.::::.::::.:':::;;�.`:::`:::`::::::.-::;:.:_.°
a.County b.Certificate c.Book d.Page i
NORTHERNESSEX 973 & 1366 91 &98 i
D ..e ... . :..:. ... .... ..... .... : . . .. .. .... :
a.Date NOI Filed:7/12/2017 b.Date Public Hearing Closed: 8/9/2017 c.Date Of Issuance: 8/10/2017
cum nt ':: .... .. . . . ... .... . .
. ... ......... ..... ... ....
8:1 WIApprovedPlans:and.Othe�r.bo a s. .
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d,Revised 111 naI Date: e.Scale:
SITE
DEVELOPMENT
PLAN OF LAND IN MERRIMACK VLADIMRZ L
NORTH ENGINEERING NEMCHENOK,P.E. 7/28/17 1"=20'
ANDOVER,MA SERVICES
LOTS IA&iB
MILL ROAD
B.Findings
I:Ptndsngs.pursuant:to.the Massachusetts Wetlands
Following the review of the the above-referenced Notice of Intent and based on the information provided in this
application and presented at the public hearing,this Commission finds that the areas in which work is proposed is
significant to the following interests of the Wetlands Protection Act.
Check all that apply:
Page 1 of 10*ELECTRONIC COPY
i
i
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1714
Bureau of Resource Protection-Wetlands eDEP Transaction#:944238
WPA Form 5-Order of Conditions Cty/rown:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L c. 131,§40
a.Ca' Public Water Supply b.r" Land Containing Shellfish c.W Prevention of Pollution
d.W Private Water Supply e.r Fisheries f.W Protection of Wildlife Habitat
g.P Ground Water Supply h. V Storm Damage Prevention i. IV Flood Control i
2.Co ►iiission,ltgieby. nds thepro�ect,as.pmposeil, s........
Approved subject to:
a.P Tire 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.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.
Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which
provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A
description of the performance standards which the proposed work cannot meet is attached to this
Order. E
c.r'The information submitted by tine applicant is not sufficient to describe the site,tine work or the effect of the
work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides sufficient information and
includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A description of the specific information which is Inciting and why It is necessary is attached to
this Order as per 310 CMR 10.05(6)(c).
3 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland 0
resource area specified in 310CMRI0.02(1)(a).
a,linear feet
::inland Resource Area Lnpacts (Poi.A1r�rov�ts butt') � '
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
_... . .: . .:... ... ..... a linear c.hear feet. d,ltnei:cet .....
5.1— Bordering Vegetated Wetland
a.square feet b,square feet c.square feet d,square feet
6.'.l- f and under Watetbodzes and Waterways
a s rare feet b s uae feet c scluale feet d square feet
::; q:...... ........ .... ....q ....,
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d,square feet
Cubic Feet Flood Storage
e.cubic feet £cubic feet g,cubic feet h.cubic feet
j Page 2 of 10*ELECTRONIC COPY
Massachusetts Deprtinent of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1114
Bureau of Resource Protection-Wetlands cDEP Transaction 4:944238
WPA Form 5-Order of Conditions CiVrowu:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
SU61*cct,t o.
din
q bet b.'squaee feet
...... ....
Storage
0,cubic feet d.e te f.-cubic
9.1 Riverfront Area
a,total sq.feet b. total sq.feet
Sq ft within 100 ftc,square feat d,square feet e.square feet f.square feet
Sq ft between 100-200 ft i-square feet h.square feet' i.square feet j.square feet
Coastal:Resourco Area t
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
ii
i ok:0 ai PQ1iAre'--:,"
11.r Land Under the Ocean
a,square feet b.square feet
c.c/y dredged d.c/y dredged
r.Coasta.."Duncs'
in
12.1 coaital,Beaebes.an.,/0,
es dicat s j�r
13.r-Coastal Beaches a.square feet b.square feet c.c/y nourishment d,c/y nourishment
14 r to"as"t'ail"D
'Ishm d.cly iibW�hm
square feet K�qbafe feet. o4t
15.r coastal Banks
a.linear feet b,linear feet
R k.
a.:square feet.b"'square f eeV
,'
17.1--Salt Marshes
a.square feet b.square feet c.square feet d.square feet
Land
c, a 'o
`/y-
... .. ..- Wy dredgedtirede
19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet
In'
UU
stave
... .C.cly
Page 3 of 10 ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File 4:242-1114
Bureau of Resource Protection-Wetlands cDEP Transaction#:944238
WPA)dorm 5-Order of Conditions CiVrown:NORTH AM]OVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
21.r-Land Subject to Coastal Storm Flowage
a.square feet b,square feet
22.' . . . .. . . . .... .. .... .....
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section 1B.5.c&d or B.I Tc&d above,please entered tine additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23. . .
r Streams Crnssing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement
stream crossings.
a.number of new stream crossings b.number of replacement stream
crossings
C.General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,
shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to
private property or invasion of private rights,
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other
applicable federal,state,or local statutes,ordinances,bylaws,or regulations.
h. The work authorized hereunder shall be completed within three years from the date of this Order unless either
of the following apply:
a.the work is a maintenance dredging project as provided for in the Act;or
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 tlu-ce years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order maybe 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,
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
I 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,
or debris,including but not limited to lumber,bucks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles,or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal
has been taken,until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of
Deeds 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
f the name of the owner of the land upon which the proposed work is to be done.In tine 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
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Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP Fite#:242-1714
Bureau of Resource Protection-Wetlands eDEP Transaction 4:944238
WP A Form 15-Order of Co#iditioilS Citytrown:NORTHAt ROVER
Ll'
R
Massachusetts Wetlands Protection Act M.G.L.c. I31,§40
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 of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing
the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1714"
l 1, Where the Department of Envirorunental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP,
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission,
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a new
Notice of intent.
15, Tile 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.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the
boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.
Once in place,the wetland boundary 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 necurnulatcd 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIltEMENTS
19. The work associated with this Order(the"Project")is(1) r- is not(2)W subject to the Massachusetts
Stormwater Standards.If the work is subject to Stormwater Standards,then the project is subject to the
following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented
in accordance with the construction period pollution prevention and erosion and sedimentation control plan
and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period
erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain
in place until the site is fully stabilized.
b) No stormwater runoff maybe discharged to the post-construction sormwater 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
� Page S of LO*ELECTRONIC COPY
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Massachusetts Departtnent of Environmental ProvidedbyMassDEP:
--� Protection MmDEP File#:242-1714
Bureau of Resource Protection_Wetlands eDPP Tvansaction#:944238
WPA Form 5-Order of Conditions CityfPown:NORTH AMOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassD1 P Stormwater Handbook 13MP 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;W,any illicit discharges to the stormwater management system have been removed,as per
the requirements of Stormwater Standard 10;iv.all post-constrarction stormwater BMPs 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 past-construction BMPs 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 19(e))shall execute
and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")
for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation
and Maintenance Plan("O&M Plan")and certifying the following:i,)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be I
notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management
BMPs and implement the Stormwater 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 Stormwater Report and,if applicable,the Stormwater
Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector
General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(t)through 19(k)with respect to that BMP sliall be a violation E
of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving
more than one lot,the legally binding agreement shall also identify the iota that will be serviced by the
stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required I
operation and maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,
the O&M Plan,and the requirements of the Massachusetts Stormwater Handbook.
i
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 stormwater management system or any part
thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")
upon request;and
3.Allow members and agents of the MassDEP 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
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1714
Bureau of Resource Protection-Wetlands eDEP Transaction#:944238
WPA For1D 5-Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
all applicable federal,state,and local laws and regulations.
i) Illicit discharges to the storinwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as
defined in the MassDEP S(ormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design
Credits)shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of 13MPs shall not be withheld.Any fencing constructed
around storrnwaterBMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions: f
I
D.Findings Under Municipal Wetlands Bylaw or Ordinance
t
Us a municipal wetlands bylaw or ordinance applicable r Yes r No
i
2.The Conservation Commission hereby(check one that applies)-
a,I— DENMS the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically;
i1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which
provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which
are necessary to comply with a municipal ordinance or bylaw;
b'� APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance orB law WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
)BYLAW
3,The Commission orders that all work shall be performed in accordance with the following conditions and with the
Notice of Intent referenced above.To the extent that the following conditions modify or differ 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:
SHRATTACHED
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-17 t4
Bureau of Resource Protection-Wetlands eDEP Transaction 11:944238
WPA Form 5-Order of Conditions City/Town:NOJUH ANDOVER
Massachusetts Wetlands Protection Act M.U.L.c. 131,§40
E.Signatures
This Order is valid for three years from the date of issuance,unless otherwise
specified pursuant to General Condition 114.If this is an Amended Order of 1.Date of Original Order
Conditions,the Amended Order expires on thesanic date as the original Order of
Conditions.
Please indicate the number of members who will sign this form.This Order must
2.Number of Signers
be signed by a majority of the Conservation Commission.
Tile Order must be mailed by certified mail(return receipt requested)or hand delivered to tile applicant.A copy also
must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection
Regional Office,if not filing electronically,and the property owner,if different from applicant.
,Signatures:
r b nand deliveryon r by certified mail,return receipt requested,on
Date Date
le.Appeals
Tile applicant,the owner,any person aggrieved by(his Order,any owner of land abutting tile land subject to this Order,
or any tell residents of the city or town in which such land is located,are hereby notified of their right to request tile
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by
certified mail or hall([delivery to the Department,with the appropriate filing fee and a completed Request for
Departmental Action FecTransmittal Form,as provided in 310 CMR 10.03(7)within tell business days fi-om 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.Previous participation in the pert-nit 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(lie 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(3 10 CMR 10.00),To the extent that tile
Order is based on a municipal ordinance or bylaw,and not on tile Massachusetts Wetlands Protection Act or
regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP Pile 0:242-1714
eDF-Bureau of Resource Protection-Wetlands City/ Transaction#:944238
WPA.�+orm 5-Order of Conditions
L7I ']Massachusettsity/fewn:NORTHANl7OVER
Wetlands Protection Act M.G.L.c. 131,§40
(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.
G.Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property.In the case of recorded land,the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case
of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land
subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation
Commission listed below.
NORTHANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
.............................................................................................-..... ...........................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
865 JOHNSON STREET 242-1714
Project Location MassDEP File Number
t
Has been recorded at the Registry of Deeds of
County Boole Page
for:
Property Owner CAROLR.RESCA
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
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Massachusetts Department of Environmental Providcd by MassDEP:
Protection MassDEP Pile#:242-1714
Bureau of l twurce Protection-Wetlands eDEP Transaction#:944238
WPA Form 5-Order of Conditions City/FowvNORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Signature of Applicant Rev.C113010
I
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IIRP MLE#242-1714
FINDINGS:
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 fans specifications or other �
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: construction of two new single family homes, garages '
and driveways with associated utilities, site grading,drainage and landscaping
portions of which are within the 100-foot Buffer Zone to Bordering Vegetated Wetland
(BVW). Removal of debris from the wetland and buffer zone with a restoration plan is
also proposed. Invasive species management is part of the restoration proposal,
21.The work shalt conform to the following(except as noted in the remainder of this
document where revisions may be required):
Property Owner: Carol R, Resca
865 Johnson Street I
North Andover,MA 01845
Applicant: Arthur Resca
250 Fisher Road
Holden,MA 01520
Documents: WPA Form 3-Notice of Intent
Received: July 12,2017
Including Notice of intent,Filing Checklist, Maps,
Notification to Abutters/Abutters Listing, and a project
narrative.
I
Site Plans prepared by: Merrimack Engineering Services
Titled:Site Development Plan of Land s
Dated:July 14, 2017 i
Last Revised:July 28,2017
Signed and Stamped by Vladimir L. Nemchenok,P.E.
Other Record Documents: Wetland Restoration Plan
Prepared by: Basbanes Wetland Consulting
39 Hardy Street,Dunstable,MA 01827
242-1714,Johnson St 865 Lots 1A&I spec cond I NACC 8/10/2017
DEP FILE#242-1714
Date: July 14, 2017
Invasive Species Management Plan for Lot 1A Mill St.
North Andover, MA
Prepared by: Basbanes Wetland Consulting
Date: July 17,2017
22,The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. 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.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws
and/or regulations.
27, The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days 3Qprior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
242-1714,Johnson St 865 Lots I&I spec cond 2 NACC 8/10/2017
i
DEP rILE 4 242-1714
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30.Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32.The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland(BVW).These resource areas are significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas as
approved under an Order of Resource Area Delineation(ORAD) issued under DEP
File No. 242-1698.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot 25' No-
Disturbance Zone and a fifty foot 50` No-Build Zone shall be established from the
edge of BVW. The Conservation Administrator and/or other agents of the NACC do i
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- i
Disturbance Zone. (See Section 3.4 &Appendix F of the local Regulations).
35. The applicant's proposal for removal and restoration of a historic dump/debris area
as detailed in the herein referenced Wetland Restoration Plan is acceptable to the
NACC. The area will be planted in accordance with the Plantings listed in the
Restoration Plan.Plantings will be monitored fall and spring for two years with a
monitoring report, including photographs,submitted to the NACC by June 1 and
November 1 of each year.Plants that die or are not thriving during the monitoring
period shall be replaced. Invasive species colonization must be documented and
controlled within the restoration areas per the Invasive Species Management Plan
referenced herein.
36. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
242-1714,Johnson St 865 Lots IA&1B spec cond 3 NACC 8/10/2017
DEP FILE#242-1714
and other personnel performing the permitting 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 resulting from failure to comply with its conditions.
37.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage,
PRIOR TO CONSTRUCTION
E
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39,This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to j
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.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP, File Number 242-1714."
i
41. Any other 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.
242-1114,Johnson St 865 Lots IA&I spec cond 4 NACC 8/10i2017
DEP FILE#242-1714
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.Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction,including the installation of
erosion controls,debris removal,wetland/buffer zone restoration,construction,
paving,monumentation,and final stabilization.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control pleasures 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.
45. Compost filter sock (biodegradable,no plastic netting),backed by trenched silt fence,
shall be placed between all construction areas and resource areas as shown on the
herein referenced plan. The erosion control barrier 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 Commissioes
request.
46.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of fifteen(15)hay bales or forty-five (45)feet of compost filter
sock and additional stakes for staking. Said erosion controls shall be used only for the
control of emergency erosion problems and shall not be used for the normal control of
erosion.
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242-1714,Johnson St 865 Lots 1A&I spec coed 5 NACC 8/10/2017
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DEP FILE#242-1714
47. Prior to the start of house construction,a Registered Land Surveyor (R.L.S.) shall stake
the foundation locations within the 100-foot buffer zone. These measurements will be
verified in the field by the Conservation Department.
of North Andover shall be provided in the amount of
48. A check payable to the Town
$6,500 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 i
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.
49. 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. 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. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes.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,
50. 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 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.
51. Prior to construction, the applicant shall permanently delineate the edge of the 25-foot
No-Disturbance Zone with a dry laid field stone wall (approximately 2' x 2').The wall
242-1714,Johnson St 865 Lots 1A&I B spec cond 6 NACC 8/10/2017
DLP FILL#242-1714
shall be continuous (no gaps as shown on the plan of record) and monurnented with
signs or markers spaced evenly approximately every 30 feet incorporating the
following text: "Protected Wetland Resource Area' and the associated rules (1 square
for every 3 round markers). Markers may also be placed on mature trees at or up-
gradient of the 25' NDZ and/or on the top of the retaining wall. These markers will
designate the sensitivity of the resource area and assure no further inadvertent
encroachment into the wetland, These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round and
$3 square).
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
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,the 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, j
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 i
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).
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STORMWATER MANAGEMENT CONDITIONS
54.Each property will have a roof drain infiltration system installed per the detail on the
approved plans referenced herein.The infiltration chambers and outlet structures shall
remain in perpetuity and be maintained as needed.
242-1714,Johnson St 865 Lots 1A& I sped cond 7 NACC 8/10/2017
DEP FILE#242-1714
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.
56. The applicants, owners, and their successors and assignees,shall maintain,in
perpetuity, all culverts, collections basins,traps, outlet structures,infiltration
structures, and other elements of the drainage system,in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site j
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
57.IMPORTANT: Immediately upon completion of the dwelling 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.
58. Upon beginning work,the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#50 above) 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.
59. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). If emergency
de-watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area..
60. A crushed stone filter berm shall be installed at the construction access for the project
in accordance with the herein:referenced plans to minimize sediment tracking on to
adjacent roadways. This entrance shall be reinforced as necessary.Paved areas shall be
swept daily to remove sediment deposited by construction vehicles accessing then site.
61. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris, including but not limited to lumber,bricks,plaster,wire,
lath,paper,cardboard, pipe,tires, ashes,refrigerators,motor vehicles or parts of any
of the foregoing.
242-1714,Johnson St 865 Lots IA& I spec coed 8 NACC 8/10/2017
i
nEr FILE#242-1714
62. All exposed soil finish grade surfaces shall be immediately Iandscaped 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 or other stabilization method(as directed by the Conservation Department)
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 as directed by the NACC.
63.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
64. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area. Stockpiled materials shall be stored within erosion controls in the location shown
on the herein referenced plan.
65. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system (except where proposed to be blocked or removed). Silt sacks 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 or its agent
has formally approved their removal.
66, Washings from concrete trucks, or surplus concrete,shall not be directed to any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
67. 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. i
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
J
69. 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.
242-1714,Johnson St 865 Lots SA& I spec coed 9 NACC 8/10/2017
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DE FILE#242-17.14 �
"AFrIEIRONSTR[ MON
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 Town's Wetland Protection.Bylaw.
71, Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
type (<5%), phosphorous free 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 shalt run with the title of the
property. This condition is issued under the authority of the Towds Wetland
Protection ByLaw and shall survive the issuance of a Certificate of Compliance.
72.There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
73. 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.
74. Upon approved site stabilization by Conservation staff,the erosion controls shalt be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number,
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
242-1714,Johnson St 865 Lots 1A& IS spec cond 10 NACC 8/10/2017
DEP FILia#242-171.4
i. An"As-Built" plan 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 &stonnwater
management structures constructed within 100 feet of any wetland resource
area. 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 Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76. The fallowing special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on the lots as
approved under DEP#242-1714. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC (See
Section 3.4 of the Regulations for 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;
➢ Resource Area Markers (Condition#51);
i
➢ Maintenance of drainage structures (Condition#54 & #56);
➢ Discharge or spillage of pollutants (Condition#69);
➢ Prohibition of underground fuels (Condition#70);
i
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#71);
242-1714,Johnson St 865 Lots IA&I spec cond 11 NACC 8/10/2017
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DFP FIDE#242-1714
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#72).
1
242-1714,Johnson St 865 Tots I& I spec cond 12 NACC 8/10/2017
DEP FILL' #242-17I4
APPENDIX A- AFFIDAVIT
11 on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECIC AT LEAST ONE BLOCK)
1. I am the of
i
(position with applicant) (applicant mmne or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I 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. I 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. I hereby affirm and acknowledge that on this day of 20
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5, I 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 20
(Signature-authorized agent of applicant or owner)
242-1714,Johnson St 865 Lots lA& I spec coed 13 NACC 8/10/2017
i
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