HomeMy WebLinkAbout242-1834, 35 Hollow Tree Lane OOC - Permits #242-1834 - 35 HOLLOW TREE LANE 1/31/2022 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1834
ry WP'A► Farm 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction
LNorth Andover
City/Town
A. General Information
Please note: North Andover
C
this form has 1. From: .. .
.....__ — - _..
been modified onservation 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
Steven Nugent -
- -..... _.. _. . _.
Important:
a. First Name b. Last Name
,
When filling �_.._....._.._.. . .._ ........_.._._.---
out forms on c.Organization _
the 35 Hollow Tree Lane
computer, _.
use only the
d.Mailing Address
tab key to North Andover MA 0------ _...... .........
move your e.CityFrown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
. ..... --- ....... —
rQa a.Firsf Name _.._._ b. Last Name
1Mc Organization
rehaa
d, in-g Address _. ....._.
e.City/Town f.State g.Zip Code
5. Project Location:
35 Hallow Tree Lane North Andover
a Street Address b,City/Town
Map 104A Lot 27
c,Assessors Map/Plat Number d.ParceULot Number
Latitude and Longitude, if known: 42d68m911s 71d06m745s
d. Latitude e. Longitude
wpaform5.doc•rev 511812020 age 1 of 13
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Massachusetts Department of Environmental Protection Provided uYwaumoEP:
Bureau 0f Resource Protection - Wetlands 242-1834
����� � � Order � �� �.�~
�nu m� Form � — ~������ ��n "����x���Kons
Massachusetts Wetlands Protection Act M.G.L. o. 131, 840 eoEp Transaction w
North Andover
A. General Information /OORt.\
6. PnupmMv recorded at the Registry ofDeeds for(attach additional information if more than
one parcel):
Northern Essex
a,County "6.—dertiflcate Number(if registered land)
8520 37
c.Book d.Page
�
Dmuanoher28 2021 Jan 12 2022 January 31 2022
a. Date Notice of Intent Filed b,Date Public Hearing Closed c.Date of Issuance
7� Dates: -- �
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
-Sanitary Disposal
a.Plan Title
Williams&8 Richard Williams, PE
JanuaryP re par ed By c.Signed and Stamped by
24 2022 1"=2O'
lr�afke
ision Date e.Scale
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Ncd|ne of Intent and based on the information
provided in this application and presented at the public hearing, thin Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the AoU. Check all that apply:
o �� Public b �l Land c' �� Prevention of
� �� � �^ Pollution
d Private o �� Finb�dea [ �� Protection of
� �� � �� Wildlife Habitat
g. E Groundwater Supply h, Z Storm Damage Prevention I. Flood Control
2. This Commission hereby finds the project, omprnpomod. io: /oheokoneofthefoUmwingboxau>
Approved subject to:
n. 0 the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department nf Environmental Protection Provided bvma000cp:
Bureau 0f Resource Protection -Wetlands 242-1834
����� �� � Order � �� ^�~�~
�wn m� Form �* — .������� ��o "����^uUuUons
��mmsoChUaeKaVVet|oDdsProtechooAct ��.G.L. o. 131' §4O -
-
NorthAndover
B. Findings (cont.)
Denied because:
h, [l the proposed work cannot be conditioned bameet the performance standards set forth
in the wetland regulations. Therefore, work nn this project maynotgofomvanjun|eaaand
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 [l the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act. �
Therefore, work on this project may not goforward um|amm and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached tothis Order as per 31OCK8R1O.O5(G)(o).
3� H Buffer Zone Impacts: Shortest distance between limit nfproject ~10
disturbance and the wetland resource area specified in310CPNR10.02(i)(m) restore
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4 Bank
� [l�� a. l�ear feet
-- b_��ea.r feet - �]�����-- �]in���t--
5. Bordering
Vegetated Wetland a.oqomm feat b.square feet n.square feet U.square feet
o. [l Land Under
VVaharbndigaand e.square feet b.mqoamfert o.square feet d.square feet
VVobenmaya
7. Fl Bordering Land
Subject toFlooding u.Square feet ».square feet o.square feet o.square feet
Cubic Feet Flood Storage e.cubic feet -' f.6ubic feet-- g.cubic feet -- x.cubic feet
--
0. 1-71 Isolated Land
Subject toFlooding m.square feet b.square feet
Cubic Feet Flood Storage C.Cubic feet -- d.cubic feet -- e.cubic feet -- f.cubic feet--
o� Fl RiverfrnntArma
a.total sq.feet b.total sq.feet
SqM within 10Oft
c.square feet d.square feet e.square feet f.square feet
Sqh between 10O'
200ft U.square feet h.square feet L square feet ).square feet
v»"m'^m,^oo'rev m1mz02v Page amm �
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Massachusetts Department of Environmental Protection Provided byMa*smEp:
Bureau Of ReSOU[C8 pK}heOfiDD - W8tl8Dd8 242-1834
����� � � ���� � Conditions
*�n �� Form ^x ~— Order ��x ����k���U�Uons
Massachusetts Wetlands Protection Act K4.G.L. c. 131. §4O :mEp Transaction#
North Andover
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1O Designated
� �Fl� Indicate size under Land Under the Ocean below
Areas '
11, F] Land Under the
Ocean m.square feet b.square feet
1n
Indicate size under Coastal Beaches and/or Coastal Dunes
� ���^ Barrier Beaches below
13. [] Coastal Beaches ~~yd ~~
yd
a.square feet b.square feet C. nourishment d.nourishment
yd
14� F� Coastal Dunes °° ""
a.square feet b.square feet c.nourishment d.nourishment
15 Coastal
� ��l� a. linear feet-- 7�rinveaF feet —'
16. Fl Rocky Intertidal
8honao e.square feet 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
u,c/yUmUAu4 676Y�w4we d
1g. [l Land Containing
Shellfish a.square�at h.uqummfeet c.square�v\ ��oquu/a�o(
20, El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVatarbodieaand
Waterways, above
21, El Land Subject to
Coastal Storm a.square feet h,square feet
Flowage
22. Fl River�rontAre� --
-- o.mta/aq.feat o.total sq.feet
Sqh within 1OOft
c.square feet d.square feet e.square feet f.square feet
Sgft between 10O'
200# g.square feet h.square feet i.square feet 1.square feet
4
Massachusetts Department of Environmental Protection Provided»yMaaaoEP:
Bureau Of Resource Protection - Wetlands 242-1O34
����� � � ���� � �� �.�.
�mn x� Form � — .�n ���� ��u "��������ons
Massachusetts Wetlands Protection Act K8.G.Lc. 131' 84O oMp Transaction#
North Andover
B. Findings (cont.)
^#23. |fthe 2� �l Restoration/Enhancement
Pmjnotiufor �~
the purpose o[
restoring or
enhancing ~.square—feet- -''' —-`—-----'--
—
wmland
resource area 24, [] StreamCroumingkd:
io addition to
the square
---
footage that m. number m new stream crossings " number".replacement stream crossings
has bee
n C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
GodiunBao
(BVVV)or The following conditions are only applicable bmApproved projects.
B17.o(Salt
wmmh)above, 1� Failure hnnompk/with aUoondiUonesb�edherein, and with oUrelated statutes and other
please enter
^
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury (oprimatepnopedyorinvaeionofprivaba /|ghto.
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 ntatutes, ordinanoeo, bv|mes. or regulations.
4. The work authorized hereunder shall be completed within three years frorn the date of this
Order unless either of the following apply:
a. The work in 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 osa special condition in this Order.
o� |f the work is for a Test Project, thiaDrderofCondiUonomhe|| bevoUdfornommrethan
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 uf the Order. An Order nf Conditions for a Test Project noaybemxtendedfornne
additional year only upon written application by the applicant, subject to the provisions of 310
CyVIR1O.0S(11)(f).
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 nn unless extended in writing by the Department.
7. Any fill used in connection with this project mhaUbgdeanfiU. AnyhDshaUconhainnotnanh.
refuen, rubbish, or debris, including but not limited to lumber, bdnks, plaster, wire, |sdh,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
°waformx*m'rev 511812020 Page nof 13
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Massachusetts Department pf Environmental Protection Provided»vmam oEp:
Bureau Vf Resource Protection - Wetlands 242-1834
����� � � Order � o� ��~�~
L3
�mx ^� Form � ~— "��x��� ��n "�����*U�0ons
Massachusetts Wetlands Protection Act W1.G.L. o. 131. §40 eoEp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
o/if such an appeal has been taken, until all proceedings before the Department have been
nnnnp|o[od.
A. 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 |nomted, 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 Oeeds, 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 242'1834 "
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 K8onsDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A)h)the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing ofm new Notice ofIntent.
15. The Agent or members nf 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.
18. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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� Massachusetts Department pf Environmental Protection Provided uymumoosp:
Bureau of Re8OU[Ce Protection - WeflaDds 242-1834
File#
����� � � Order � Conditions
�mn �� Form ~v �- ���^*��� K�o ������^�N�Uons
Massachusetts Wetlands Protection Act K8.G.L. c. 131, 04O eoepT'mnoomivn#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start ofwork, 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 ovveUand or water body. During nonotruction, the applicant or his/her designee
shall inspect the erosion controls ono 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 darnage 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) ie subject to the Massachusetts Sbzrmvvab*rStandards
(2) ED is NOT subject h) the Massachusetts StormwabarStandards
|f the work is subject to the Stormmvvato,Standards, then the project io subject tothe
following conditions:
a) All work, including site preparation, land dioturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwvahar Pollution
Prevention Plan required by the National Pollution Discharge B|nn|nabon System
Construction General Permit as required by 9hormvvatorCondiUon 8. Construction period
enos|on, sedimentation and pollution control measures and best management practices
(BW1Po) ohaU 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 o 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 ByNPo intended tobeconverted
to post construction operation for nhnrmvvotorattenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BK8P has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and Outlet control structures;
fi. as-built final construction B&1P plans are included, signed and stamped by Registered
Pruhano|onm| Enginmer, certifying the site is fully stabilized;
iii. any illicit discharges to the etornlwater management system have been nannovmd, as per
the requirements ofStornlwobarStandard 10; �
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Massachusetts Department of Environmental Protection Provided t9mauoosP:
Bureau of Resource Protection - Wetlands 242-1834
����� � � Order � Conditions
mmo o� Form � �� "���u�� ��o ~���K���U�Uons
Massachusetts Wetlands Protection Act K8.G.L. c. 131` &40 eDEPTmnoact|on#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (coDt.)
/x all post-construction shornmwmbarB&1Pe 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. .
o) 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 ("D&W1 �tabannnn�furth�
, �
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP �
Operation and Maintenance Plan ("O&M �
` ^ ' � �
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 ho operate and maintain the ah7[mwmha[management BK8Ps and
implement the Stonnwober 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 ufany
drainage easement, assumes responsibility for maintaining each B[WP. TV 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 Bk4P. and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(D through 18(k)vvith respect bothat BMP. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)vvith respect tothat BPWP shall be o violation of the Order ofConditions or Certificate
of Compliance. |n the case ofshormwaterBK4Pu that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BK8Ps. A plan and easement deed that grants the responsible party access tn 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
Sh/rmvvaterHandbonk.
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Massachusetts Department mf Environmental Protection Provided uywaommEp:
Bureau Of Resource Protection - Wetlands 342-1834
����� � � ���� � |� �^�^
�mu �� Form ~� -- ��n ^uK�� K�o ��K���vu�u�ons
Massachusetts Wetlands Protection Act M.G.Lo. 131^ G4U moEp Transaction#
ILI North Andover
Cityrrown
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 ofmaterial and the disposal |nnaUnn);
2. Make the maintenance log available toN1mooOEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents Vf the K8assOEP and the Commission tn 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 |ooe| 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.
N Areas designated ax 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 bo altered without the prior written
approval uf the issuing authority.
U 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
ot least six inches above grade toallow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects mubieotto310CN1R1O.O5(11), theopp|inantshoUo|soimp|emontthe
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project ihnaatensthe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent nr modify the project asdinsotedhytheoonaamndiom
commission or the Department.
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Massachusetts Department of Environmental Protection Provided uymnsuoEP:
Bureau of Resource Protection - Wetlands 242'1834
MassDEP File
������ �� � Order � Conditions
�m" m� Form � — "���u�� ��u `�����D�Uons
Massachusetts Wetlands Protection Act K4.(3.L. c. 131, 84O emepTmneaoUnn#
North Andover
CityrFown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is municipal wetlands bylaw orordinance applicable? 0 Yes [:1 No
2. The NodhAndVvmr hereby finds (check one that app|ieu :
Conservation Commission"
a. El that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
2i5:ation�����
Therefore, work on this project may not go forward unless and until a revised Wcd|co of
Intent is submitted which provides measures which are adequate to meet these
standards, and o final Order nf Conditions isissued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North A d rWetlands Protection Bylaw& Regulations [}hap. 190
1.Municipal Ordinance arBylaw acseq
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 otext document):
ConditionsNorth Andover Conservation Commission Findings & Special
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� Massachusetts Department mf Environmental Protection Provided by MassDEP:
�
� Bureau Of Resource Protection - Wetlands
����� � � ���� m� �� r�~�~
�mo o� Form � ~- v�" ��� «�x "����vu�*Uons
K4eesmohuaette Wetlands Protection Act M.G.L. C 131. §40 #
CitylTown
E. Signatures
-7�
This Order is valid for three years, unless otherwise specified mxaspecial
condition pursuant ho General Conditions#4 from the date of issuance. 1.Date o{Issuance
Please indicate the number mf members who will sign this form.
This Order must be signed bya majority nf the Conservation Commission. 2. Number ofSigners
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 Offioo. if not filing electronically,and the property owner, ]fdifferent
from applicant,
re Printed Name
Signature Printed Name
Printed Name
Signature, Printed Name
Signatuh,,-) Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
0 by �� ^��r��dmai| m�m ��|.��� . �= '
requested, on
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Massachusetts Department of Environmental Protection pmvmud uywa mmep:
Bureau of Resource Protection - Wetlands 242-1834
����� � � Order � �� ��.�.
��x m� Form � — .������ ��n `����xu�u�ons
Massachusetts Wetlands Protection Act K8.G.L. o. 131. G40 aoep Transaction#
North Andover
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject b>this Order, nr any ten residents Vfthe city Vr town |D which such land |slocated, �
�
are hereby notified oftheir righthonaquosttheappropriateK4aao0EPRaoioma| Officahoinauea
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 CK0R 10.03(7) within hen huainoen days from
the date of issuance of this Order, A copy uf 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 ofthis 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
Onder, or providing vv/i#mm information to the Department prior to issuance of 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 CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided tymae osp:
Bureau OfResource Protection - Wetlands 242-1834
����� � � ���� � ^� �.�.
Ll ��u »� Form � ~— ~�u ���� ��, ~���������ons
K�oosoohUoette\8/et|andeProtection Act K8.(�.L. o. 131. G40 ao�pnanoamion�
North Andover
ityrrown
G. Record~ng Information
Prior ho commencement of work, this Order of Conditions must be recorded inLheRegistryof
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 it) 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 tn 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
co-nservatio-n Commission
Please be advised that the Order of Conditions for the Project at:
35 Hollow Tree Lane 242-1834
Project Location MassDEP File Number
Has been recorded ot the Registry of Deeds of:
Northern Essex
Cuunt y Book Page
Steven Nu t
for: -P—roperty Owner
and has been noted in the chain of title of the affected property in:
8528 37
Book pano
|n accordance with the Order of Conditions issued on:
January 31 2O22
Date
If recorded land, the instrument number identifying this transaction is:
-instrument Number
|f registered land, the document number identifying this transaction is:
��
~nom'maovo'rev 6/1mzmw Page 1aw13
DEP FILE # 242 -1834 35 Hollow Tree Lane
Findings of Fact
Current Project
ject Site Conditions: The 2.25-acre project site currently consists of an existing
single-family house constructed in 1978, 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, 2004, #242-1.241. OOC issued to the same owner, for septic system replacement,
CofC issued 2005
The NACC agrees with the delineation of the following wetland resource areas, as amended
by Conservation staff in the field, and reflected on the approved plan. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests in the Act and Bylaw.
a. Bordering Vegetated Wetland (BVW) -Wetland Flag Series Al - Al2
b. 100-Foot Buffer Zone to BVW
c. A portion of the property lies within NHESP Priority Habitat, however all of
the work is outside this zone
d. A portion of the property lies within the 100-year floodplain (no BFE available),
however all of the work is outside this zone
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 modif y 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 sand filter septic system,
leaching field and associated grading, replacing the D-Box, with a new conventional
stone and pipe system, '-I'he pump chamber, septic tank will be checked for water
tightness and reused in their current location. The leaching field to be located within
the same general footprint of the existing field. Work and system components are
within existing lawn (requiring no tree removal) and grading and a small area of the
field is 100-foot buffer zone to bordering vegetated wetland. **Note: A violation
within the 25-Foot No Disturb Zone was observed consisting of a gravel area and 10'
metal posts with fabric netting (on plan and observed on site). The Conservation
Commission required that the plan be revised to include restoration of the 25' NDZ to
kfl I!aw Tv cc Laiw DEP I'lle U242-p 834 NACC I inding",&Special Cumhfiocis
Pagi. V of ll 2
DEP FILE #242 -1834 35 Hollow Tree Lane
a naturally vegetated state. The approved plan cited below depicts the approved
restoration/replanting plan. See Conditions # 51 & # 52 below for detailed
requirements related thereto.
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: Steven Nugent
35 Hollow`free Lane
North Andover, MA 01,845
Site Plans prepared by: Williams & Sparages
"Sanitary Disposal System Repair Plan"
Signed &Stamped by Richard 1". Williams, PE
Scale I"=20
Revision dated January 24, 2022
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
Successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until, a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 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.
35 B io I ovv J wc I am, l)PIP Ffle 8242--i 831 hmfings S",spc�CW Comfitkms
DEP FILE # 242 -1834 35 Hollow Tree Lane
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 Sectim. 8.3) of the North
Andover Wetlaii.d Regulatiom).
30. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
31. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
32. The NACC, 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.
33, The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wet-land resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25) No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Sectioll 3.4 &Appendix F of the
local Regulation).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
'45 f h4kox Firce,I an DIT Fk fl'24M834 NACC Flmfins& SpecW Cars difion
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DEP FILE # 242 -1834 35 Ilolloiv 'free Lane
system and that said Town shall not be liable for any damage in the event of failure,
By acceptance of this Order/ the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the 'Town as part of a public way, becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
—-—------------------
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
38, J'his 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
commences may be recorded by the NACC at the applicants expense.
39. 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 242-1834."
40. 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.
35 h)How1�ee Lane DF11 Ide U242,18 H NACC�imfin�,,s X,S�%6al Condi�ions
Page 4 of 12
DEP FILE # 242 -1834 35 Hollow 'Tree Lane
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. 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.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
44. At a minimum, a row of staked 12" minimum compost Filtrexx SiltSoxior
equivalent) shall be placed between all construction areas, as well as restoration 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.
45. 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.
46. A check payable to the Town of North Andover shall be provided in the amount of
$2,500 (two thousand five hundred dollars) ($1,500 to cover the septic system work
and $1,000 to cover the restoration of the 25-Foot No Disturb Zone) which shall be in
3'i k h How I rce I a ne N1 I'Fflc H242 B 3 NACC F kith npw A,,Sp cin Uqm(Wimis
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DEP FILE #242 -1834 35 Hollow 'free Lane
all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall
be posted with the North Andover Town Treasurer through the NACC before
commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and 'Town Counsel, and shall be released after completion of the project,
provided that provisions, satisfactory to the NACC, have been made for performance
of any conditions which are of continuing nature. The applicant may propose a
monetary release schedule keyed to completion of specific portions of the project for
the NACC's review and approval. This condition is issued under the authority of the
local Bylaw.
47. 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 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 the purposes
of correcting problems with erosion control. The Environmental Professional will
immediately notify the Conservation agent of any matter that requires attention by
the Commission or the agent. The erosion control monitor will be required to inspect
all such devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt.
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "'Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to, The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
49. Prior to work, the applicant/homeowner shall permanently mark the edge of
vegetated areas along the wetland resources and/or 25' No Disturb Zone and in front
of the restoration area,with not less than six (6) 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
1,5 HoHolvIm:k,Hnc DEP FOe Q42-H'04 NACC I a111&ngs&SpCCU ComfiOons
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DEP FILE # 242 -1834 35 Hollow Tree Lane
text: "Protected Wetland Resource Area" as available for purchase at the
Conservation Department office. J I his 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.
50. The restoration plan shall be executed and corn leted no later than May 27 2022,
Erosion controls to be installed on the wetland side of gravel to be removed and the
Conservation Department shall be contacted to conduct a site inspection of these
controls. All restoration elements shall be overseen by qualified wetland Consultant.
The restoration plantings shall exhibit an overall survivorship of 75% after two
growing seasons post installation and a final report prepared by a wetland consultant
shall be provide to verify these conditions.
51. The restoration area shall be left to naturalize without routine landscape maintenance
as is typical with residential landscaping.
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 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
:t5 V 6oHmv V rce k ane DF11 Ffle Ri,242 AKA N NACC Hmfings A,:,S �.`kd CondiOons
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DEP FILE #242 -1834 35 Hollow Tree Lane
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
ISTORMWA-1,ER MANAGEMENT CONDITIONS
in
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 Commission.
55. Water quality in down gradient BVWs shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
56. 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
foregoing. Any fill imported to the site must be accompanied by a certificate of
on in 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 loaned, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded, loaned 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.
�5 11 44kms 11 me Lane D I T N de f/242.p 834 P'4ACC hildiqn&S'peeiaJ
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DEP FILE #242 -1,834 35 Hollow Tree Lane
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
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
illlm�illil I
66. 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 -cinder
the authority of the Town's Wetland protection Bylaw.
67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wet-land Protection Bylaw and
shall remain in perpetuity.
68, No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
3-5 1 kdlovv ��ee E a nu �MT P Hc 1834 IM(V Fhadlngs&Specla�Conditions
DEP FILE # 242 -1834 35 Hollow Tree Lane
69. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall. survive the Order of Conditions
and shall run with the title of the property.
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
loaming and seeding according to NRCS 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.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan 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.
3i kdkm, 11�u[,anc MT F"He H242.� 834 NACC,Had ngls 6"spe6a C'owfiOons
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DEP FILE # 242 -1834 35 Hollow Tree Lame
➢ "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. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone associated with
the bordering vegetated wetland. 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#33);
Resource Area Markers (Condition #49);
Restoration area shall be left to naturalize, with no routine landscape
maintenance as is typical with residential landscaping (Condition #51);
Discharge or spillage of pollutants (Condition #65);
Prohibition of underground fuels (Condition #66);
Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#67);
Prohibition on sodium based products for deicing (Condition #68);
Prohibition on use of coal tar products (Condition #69)
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #70).
3,5 W�.A I ow Nec,k ane WP d He q242- 831 NIAC(,Hmfinp& Speci,,d Cumh6(ms
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DEP TILE #242 -1834 35 Hollow Tree Lane
APPENDIX A - AFFIDAVIT
........-- on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 aiii the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed Lip by (DEP or NACCnumber)
the North Andover Conservation Commission.
3, 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 19
1 inspected said property together with any and all improvenieuts, which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions ............ are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions.....
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
35 U k Hm% re,° DEP D dc,0242--1 81�W NAU(Jlndhwu ,%',SpcJM Condifl(m!�
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