HomeMy WebLinkAbout242-1832, 37 Scott Circle OOC - Permits #242-1832 - 37 SCOTT CIRCLE 1/19/2022 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242Mass-DE-P
P File#
WPA Form 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityfrown
A. General Information
Please note. North Andover
this form has 1. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. Order of Conditions b.❑Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Tesha Myers
Important: a.First Name b. Last Name
When filling
out forms on c.Organization
the 37 Scott Circle
computer, __..._.
use only the
d Mailing Address -
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.
rah a.First Name b.Last Nafne
c.organization _._..._. ....
rrnan
d.Mailing Address
e.City/Town f.State g Zip Code
5. Project.Location:
37 Scott Circle North Andover
a.Street Address b City/Town
Map 105D Lot 69
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d65m1669s 71d05m0056s
d. Latitude e. Longitude
vrpaform5.doc-rev 5/18/2020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -- Wetlands 242-1832
MassDEP File#
WPA Form 5 — Order of Conditions
1 Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information (cont.)
B. 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)
4154 95
c.Book d.Page
November 19, 2021 January 12, 2022 January 19, 2022
7. Dates; a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references
as needed).
Subsurface Septic Disposal System Upgrade 37 Scott Circle
a.Plan Title
Michael O'Neill Professional Consulting Michael G. O'Neill
Engineer c.Signed and Stamped by
November 15, 2021m ...... 1"=20'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® 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_
wpaform5.doc•rev 511 812020 Page 2 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
MassDEP File#
L11 WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eD1=P Transaction#
North Andover
City/Town
B. Findings (cunt.)
Denied because:
b. ❑ 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 the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ 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 go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which fs lacking 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 75'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cly dredged f.cJy dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cublc feet d.cubic feet e,cubic feet f.cubist feet
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 242-1832
i MassDEP File#
Ll
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction4
North Andover
Cityrrown
B. Findings (cunt.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
lo. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.cly dredged d.cly dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
❑ Coastal Dunes cu yd cu yd_
14. a.square feet b.square feet c,nourishment d. nourishment
15. ❑ Coastal Banks
a. linear feet b.linear feet
1s. ❑ Rocky Intertidal _
Shores a.square feetm b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.Uy dredged d.c/y dredged
1g. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.cly dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfrnnt Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c,square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by Massat~P:
Bureau of Resource Protection - Wetlands 242-1832
1 MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityfrown
B. Findings (cant.)
}423.If the 23 ❑ Restoration/Enhancement*:
project is for
the purpose of
restoring or _.._............... �.mT..__..........__—_
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland
resource area 24. ❑ Stream Crossing(s):
in addition to
the square _..... .._ w _�..
footage that a.number of new stream crossings b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.S.c
(BVVV)or The following conditions are only applicable to Approved projects.
B.17.c(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify the additional g Y Y this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. 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 three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test 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 of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10,05(11)(0.
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 shall be clean fill. Any fill shall contain 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
i Bureau of Resource Protection - Wetlands 242-1832
MassDEP File#
I Ll WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed,
S. 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 the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement 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 242-1832 "
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 MassDEP.
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. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
MassDEP File#
ly WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 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) ❑ is subject to the Massachusetts Stormwater Standards
(2) ® is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the 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 Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 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 may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
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;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
vrpaform5.doc•rev 611812020 Page 7 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
MassDEP File#
Lll
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
GityCrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
iv. all post-construction 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 post-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 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan")and certifying the following:
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 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 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 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 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaferm5.doc rev.5t1812020 Page 8 o113
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Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
i MassDEP File#
Ll
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
_..._.._....._...........r.............._..._..._ .._
C ityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
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.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
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 subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassfJEP:
\
Bureau of Resource Protection - Wetlands 242-1832_...__1 _.._._.._......W...._.........._....
l MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityfrown — —-
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
..__.._.............. .._..__...._..........._......_ _......._...._..__.__.._.._._. _.........._
1.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 of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 190
1.Municipal Ordinance or Bylaw et. seq.
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 (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
wpaform5.doc•rev 5/18/2020 Page 10 of 13
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Massachusetts Department mf Environmental Protection Provided»Ymaomnep:
wow242 1@S�
[}UF��UOf ��8�OU[C8P[0t8Of�OD - \��f�@D�8 -
������� K� �� ���x� � Conditions
'~^`~~~' ' ''`~
�mn ^� Form � �- ~�n ��� K�m "������*Uons
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40
North Andover
E. Signatures
This Order is valid for three years, unless otherwise specified as a special ol—
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Js-su-a"nce
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission. 4.-N—U-ybiwof-Si-g ne"r s
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant,A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
������
`
-Pr Name
Signature Printed Name
e nr,
ignature
Printed ame
Printed Name
Skg—nature Printed Name
SignatUre Printed Name
-S�re Printed Name
Y«2�bv hand delivery on |T bv certified mail, return receipt
/ requested, on
Date Date
i
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
MassDEP Fife#
WPA Form 5 — Order of Conditions
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
City/Town
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she 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 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 is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L, c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc•rev 51t812020 Page 12 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1832
MassDEP Fife#
WPA Form 5 -- Order of Conditions
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
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:
37 Scott Circle 242-1832
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
CounEy Book Page
for: Tesha Myers
Property Owner
and has been noted in the chain of title of the affected property in:
4154 95
Book Page
In accordance with the Order of Conditions issued on:
January 19, 2022
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
Signature of Applicant
wpaform5.doc•rev bile/2020 Page 13 of 13
DEP FILE #242 -1832 37 Scott Circle
Findings of Fact
Current Pro-iect Site Conditions: The 2-acre project site currently consists of an existing
single-family house constructed in 1994, associated septic system, driveway, 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:
® OOC, #242-42 - CofC issued
® OOC, #242-542 - CofC issued
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by Conservation Staff 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. Isolated Vegetated Wetland - Wetland Flag Series 1A - 11A
b. Bordering Vegetated Wetland - Wetland Flag Series 1B - 8B
c. Off-site Bordering Vegetated Wetland - Wetland Flag Series 1C - 2C
d. The on-site resource areas contain a certified vernal pool based on NIJESP
mapping (NHESP snap shows the vernal pool inside the middle of the Scott
Circle cul-de-sac - however, the pool is most likely in the A or B series)
e. 100-Foot Buffer Zone, which includes 50-Foot No Disturb Zone and 75-Foot No
Build Zone associated with the vernal pool - The 50' NDZ and 75NBZ are
scaled from all three wetland systems to ensure compliance no matter where
the vernal pool actually lies
f. The property lies within NHESP Priority Habitat
g. The property does not lie within the 100-year floodplain
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
followim,conditions modifv or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
[GENERAL CONDITIONS
21. The proposed work includes: replacement of a failing septic system, leaching field,
pump chamber, septic tank and associated grading - leaching field to be located
partially within the footprint of the existing field, tank and pump chamber to be
3 7 Sc(M(Jicle DEP 4 cps;0242.1832 NAX C & Special G on&4ion"
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DEP FILE # 242 -1832 37 Scott Circle
located in the same general vicinity at existing units. Some tree removal will be
required to acconu-nodate grading. Work and system components are within buffer
zone to bordering vegetated wetland but all grading and components of the system
are outside the 75-Foot No Build Zone from all Wetland Series no matter where the
vernal pool may lie. **Note: After opening the public hearing at the December 8, 2021
meeting and holding discussion, the Commission learned that the septic system was in
total failure, with sewage pooling at the ground surface. Additionally, at that time
NFIESP had not yet provided comments on the project. Considering the significant
threat to the environment and public health caused by the current system failure, the
NACC was of the opinion that waiting for NHESP review and response was
imprudent, particularly considering that the septic construction season would be
closing in the middle of December and the then weather conditions were
accommodating for such work. After due discussion and consideration, the NACC
voted to issue an Enforcement Order to allow septic system replacement work to
move forward subject to compliance with a number of conditions. See Special
Condition #66 for final disposition of this Enforcement Order.
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 filed by: Tesha Myers
37 Scott Circle
North Andover, MA 01845
Site Plans prepared by: Michael O'Neill, PE
"'Subsurface Sewage Disposal System Upgrade"
2 Sheets - scale 1."=20'/as-noted
Revision dated November 15, 2021
Natural Heritage Endangered Species Program Comment Letter - Finding "No
Take", December 15, 2021
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
37 Soffl Cwl� f)TV B,Hc It,-1,12-11 832 NACC F1mfinvs&, Sp�x[<d Coo flfiows
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DEP FILE #242 -1832 37 Scott Circle
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, ordinances, by-laws
or regulations.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of Hie NortIl
Andover Weiland Regtdaliotis).
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. [LIMITED PROJECT:] 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).
33. The following wetland resource areas are affected by the proposed work: 100-Foot
Buffer Zone to BVW that contains a certified vernal (ephemeral) pool (between 100 to
75 feet) - some tree removal will occur within the 75' No Build Zone to certified vernal
pool. These resource areas are significant to the interests of the Act and Town Bylaw
3 1 Sam Ckde I')H'Flic 43242-V 832' NACC Fimhiqs&,SpcJa�Con(filion�
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DE P FILE, H 242 -1832 37 Scott Circle
as noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as verified and confirmed by Conservation Department staff and as shown on
the plans dated referenced herein.
35. 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 fifty foot (50') No-Disturbance Zone
and a seventy five foot t (75 ) No-Construction Zone as associated with the certified
vernal e- herneral ) pool contained within the bordering vegetated wetland 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 RegWations).
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,
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.
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 darnage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the T own.
38. 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
37 Sc(M Oule [I PP I!e#242-11832 Hwfin"s A", SCwvfan CondiRkms
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DEP FILE # 242 -1832 37 Scott Circle
39. 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.
40. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall. be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
conu-nences may be recorded by the NACC at the applicant's expense,
41. A sign shall be displayed at the site not less than two square feet of more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1832."
42. 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.
43. 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.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas,installation of sedimentation/erosion control.
devices and re-vegetation to be completed before other work begins on-site.
45. 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) fl-troughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
37 �;LoM(1�cfe DIFT Fde Q42AH32 �'WV Hndinqrs& Speci�d ComfiHow�
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DEP FILE #242 -1832 37 Scott Circle
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.
46. A row of staked 12" ininimum compost Filtrexx SiltSox (or equivalent) shall be
placed between all construction areas and wetlands. 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
Commission's request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, additional 25 feet of silt sock and sufficient stakes for staking. Said bales
shall be used only for the control of emergency erosion problems and shall not be used
for the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$1,500 (fifteen hundred dollars) which shall be in all respects satisfactory to Town
Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACCs review and approval. This condition
is issued under the authority of the local Bylaw,
49. The applicant/owner shall continue to retain the designated 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 nurnber 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
7 Scou 4.IMc;IV DF11 Fife 8242,I 8 C2 NACC' SpeciaN Omdkions
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DEP FILE #242 -1832 37 Scott Circle
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 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.
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 photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor Must visually
inspect all sedimentation./erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
51. Upon recording of this Order of Conditions and as soon as ground conditions allow,
in consultation with the Conservation Staff, the applicant/homeowner shall
permanently mark the edge of vegetated areas along the wetland resources and/or 25'
No Disturb Zone, with not less than eleven (11) signs or markers placed on either
mature trees or 4x4 pressure treated posts as deemed by Conservation Staff
appropriate for the location, spaced evenly every 35 feet incorporating the following
text: "Protected Wetland Resource Area". This will designate their sensitivity and
assure no further inadvertent encroachment into the wetland. Prior to installation in
the field, the placement of these permanent markers shall be subject to review and
approval by the Conservation Administrator. 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. A Certificate of Compliance shall not be issued unless and
until these markers are installed.
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
37 Scott CiickP )L Ili I File 1,042 4 832 NAC ,hrdhl<_,s 8"Speciaf Condkiow�
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DEP FILE #242 -1832 37 Scott Circle
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 engineer, 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 exist, unless specifically approved in
writing by the Corru-nission.
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.
DURING CONSTRUCTION
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
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
G7 ScoH CkAc 1)FP VOe H24?" U,',32 NACC hndmp &,Sp�xinl Condi6ons
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DEP FILE # 242 -1832 37 Scott Circle
foregoing. Any fill imported to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness - whichever is most applicable as
determined by the Conservation Commission or its staff.
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. 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.
60. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site.
61. No fuel shall be stockpiled within the 100-Foot Buffer Zone and refueling of
construction equipment shall be conducted outside the 100-Foot Buffer Zone.
62, There shall be no stockpiling of soil or other materials within fifty-five (50) feet of any
resource area.
63. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from. any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
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
1,00 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
DFPk N242-H',:Q NACC krufinQs&Speciad Comfilioni
Pagc 1)(4,V)
DEP FILE # 242 -1832 37 Scott Circle
rAFTER CONSTRUCTION
66. The existing Enforcement Order (EO) shall remain in effect until such time that this
Order of Conditions has been recorded at the Northern Essex Registry of Deeds and
the $1,500 performance bond has been posted with the Conservation Depai'tment.
Once recording and bond posting has been completed the EO shall be considered
rescinded and this Order of Conditions shall fully govern the project and property.
67. 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,
68. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of theTown's Wetland Protection Bylaw and
shall remain in perpetuity,
69. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
70. 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.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loan-ting and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed Unvegetated areas shall be seeded.
73. 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.
37 Sc(m(Arde L)I T hlie iQ421832 NAX V Fhndin,rs N" spec a. ComfiOons
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DEP FILE # 242 -1832 37 Scott Circle
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. 'Fhe DEP file number.
h. A written statement from a Registered Professional. Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed. and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
87. be following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
50' No-Disturbance Zone and a 75' No-Construction Zone associated with
the certified vernal pool. Future work within 100' of existing wetland.
resource areas will require a separate filing with the NACC of the
Regulations for performance standards within these zones) The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition # 35);
Resource Area Markers (Condition #51);
Discharge or spillage of pollutants (Condition #65
4 Swu C rdc N,]'F1!e P242�W2 NA(C[in(Fngs&Special Condk4mN
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DEP FILE #242 -1832 37 Scott Circle
Prohibition of underground fuels (Condition #67);
Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#68);
Prohibition on sodium based products for deicing (Condition#69);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 50-foot No-Disturb Zone (Condition #70).
i7 Sa ou Circle-Dl P Ffle P242 83'1? MCC Hwfings« Spccial Uondit�ow,
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DEP FILE # 242 -1832 37 Scott Circle
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCIO
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions --------
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
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. 1 hereby affirm and acknowledge thatl have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this—,day of 19
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 --l-11,...........
(DEP File #)
Signed under the pains and penalties of perjury this.-.—day of............ 1.9
(Signature-authorized agent of applicant or owner)
MTF&h1242d932 NA CC hndiiq,s&° Spccial CowfiOnns
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