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Home My WebLink About242-1855, 56 Abbott Street OOC - - 56 ABBOTT STREET 11/3/2022 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1855 MassDEP File# WPA Form 5 — Order of Conditions -- ----------------- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover A. General Information Please note: North Andover this form has 1. Fron r been modified Conservation Commission with added 2. This issuance is for space to a. 0 Order of Conditions b.[:1 Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Robert Wood & Danielle Capobianco a. First Name b.Last Name Important: When filling out forms on c.Organization the 56 Abbott Street computer, ...... 'a M ailing-Address ... ....-- use only the tab key to North Andover MA 01845 ..... ......... .. move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. —a-.—First-'Name b- ----------------------------- " "T La- -st Name c.Organization d.Mailing Address--- -1-1 e.City/Town f.State g.Zip Code 5. Project Location: 56 Abbott Street North Andover a.Street Address 13. city/Town---- Map 65 Lot 207 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d66m9140s 71d08m7100s d. Latitude e. Longitude %vpa[orm5.doc-rev 511812020 Page 1 of 13 4 Massachusetts Department mf Environmental Protection Provided hymuseoEp� 242-1855 Bureau of Resource Protection - Wetlands �� o� ��~�~ �mu �� Form ~^ �� n ^�� u ��K��U�Uons Massachusetts Wetlands Protection Act NY.E).L. c. 131, G40 ebEpTmoom^Won4 North Andover A. General Information /CDOf.\ «, 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) 15585 234 c.Book d. Page Dctobar12 2022 Oobober2O 2022 Nnvamber3 2022 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance u Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany Noti ofIntent#56Abb(tt Street Williamsa.Plan Title & Sparages Richard Williams, PE {}obobgr2O 2022 1"=20' Final Revision Date e.Scale See Attached B. Findings 1, Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice nf 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 Ac0. Check all that apply: o. �� Public k �l Land Prevention of �� ' �� Pollution d � Private � � Fisheries { 0 Protection of � �� ^ � �� Wildlife Habitat g. Groundwater Supply h. Storm Damage Prevention I. Z Flood Control 2� This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. H the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations, This Commission orders that all work ahe|| 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. °r°m=som'rev 51/ao02v Page xo/1u 4 Massachusetts Department ofEnvironmental Protection Provided uyMa eoEp: Bureau Of Resource Protection - Wetlands 24271855 �� Order � �� ~�. ��u ^� Form � �� ~�� n ��ons Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 nDEP Transaction# North Andover B. Findings (cont.) Denied because: b. Fl the proposed work cannot be conditioned to meet the performance standards set forth in thav«eUand 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. o. F the information submitted by the applicant \o not sufficient hodescribe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project maynVtgufonyardun|eosandunti|arevioedNVUcaof 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 ofthe specific information which ialacking and why |t |m necessary ie attached to this Order as per310 CK8R1O.D5(5)(o). 3. Buffer Zone Impacts: Shodeotdistance between limit of project 53.4 __disturbance and the wetland resource area specified iD31OCPWR18.02(1)(o) 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 x. El Bank a,lineaFfeet-- �fitlea-r-feet �� c-linear feet — d.n6ear feet — 5. Bordering Vegetated Wetland o.square feet o,square feet o.square feet o.square feet 0. Land Under VVoterbodieaand a.square feet b.square feet u.square feet m,square feet Waterways 7. 1771 Bordering Land Subject tmFlooding «.square feet u.square feet o.square feet o.square feet Cubic Feet Flood Storage e.cubic feet -- i.Cu6ic feet -- g.cubic feet 'h.,cubic feet ��' O, Fl Isolated Lend Subject boFlooding e.square feet ».square feet Cubic Feet Flood Storage ��G��—' ��m��-� ,e.cubic feet-- f.cubic feet --- 9. Fl RivedromtAreo a.total sq.feet b.total sq,feet Sq ftwithin 100k - c.square feet d.square feet e.square feet f.square feet SqM between 1nU' 200ft B.square feet x.square feet /.square feet 1.square feet ~v=w,"mw"'rev e1nomn Page nm,o 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1855 MassDEP File# ''SPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'etJffP—fr—ansacfion# North Andover -city[Tow—n B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below, (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lo. 171 Designated Port Indicate size under Land Under the Ocean, below Areas 11. F-I Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. El 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 14, ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a,linear feet b. linear feet 16. El Rocky Intertidal Shores a-.—square—feet b.square feet 17. F-1 Salt Marshes ................. ............. a.square feet b.square feet c.square feet d.square feet 18, E] Land Under Salt Ponds a.square feet b.square feet C.cry dredged d.c/y dredged 1-1 19. 171 Land Containing ....... Shellfish a.square feet b,square feet c.square feet d.square feet 20. F1 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.c/y dredged 21. F1 Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. [I Riverfront Area —a.total sq.feet b.t-o.tat sq-- .feet Sq ft within 100 ft ... .................... c.square feet d.square feet e.square feet f.square feet Sq ft between 100- _j.................. 200 ft 9.square feet i.square feet i.square feet j.square feet wpaform5.doe-rev 5/1812020 Page 4 of 13 4 Massachusetts Department nf Environmental Protection Provided hyMa«uuEp: Bureau of Resource Protection - W 242 \�f}@D�3 -1855 �� Conditions �vu �� Form ~^ �� op�� " ��^��^�ons Massachusetts Wetlands Protection Act KA.G.L. c. 131. 840 ooEp Transaction# North Andover City/Town B. Findings (cont.) °#2J,|fthe 28 � 1 Restoration/Enhancement pmjeotiefor � the purpose nf restoring or rsh von�nqoQm ' — - wetland resource area 24. 0 Stream Cpooning(s): in addition ho the square footage that *.number p/new stream crossings v.number v/ replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in $omiovB.o.o UaVVVor The foUuxvinQcondiUonsare on|yapp|ioah|etoApprovadp projects. e17.o(Sa|t '-� Marsh)above, 1� Failure to comply with all conditions stated herein, and with all related statutes and other | he, the,-----�'na| regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion 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 stotubas, ord|nancee, by[evvn, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order un|aan either of the following apply: o. The work is m maintenance dredging project as provided for in the Act; or b. The tirne for completion has been extended to a specified date more than three years, but less than five yearn, from the date of issuance. If this Order is intended to be valid for more than three yeara, the extension date and the special circumstances warranting the extended time period are set forth euu special condition in this Order. c. If the work is for Test Project, this Order ofConditions 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 CK8R 10.05(11)(f). 0� If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project nhoUhmo|aanfiU. AnyfiUshoUruntoinnotreah. refume, rubbish, or debris, including but not limited to |umber, briokm, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. °pafo""amoc'rev 511noo20 Page om1x 4 Massachusetts Department of Environmental Pro��mti�n pmvNedbyMaooDEP: 2421855 [�UPB@UOfF�8S0U[Ce �o[Otec�DD - \�/etl@DdS ' �� .�~ ��n �m Form ~� �� xxu�� n ��KxKons Massachusetts VVet|GOdo Protection Act M.G.L. C. 131` §40 eoEp Transaction# North Andover C. Genera! Conditions Under Massachusetts Wetlands Protection Act & 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 benome final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is |ooahed, within the chain of title of the affected property. In the cane 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 tothe Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Daedo, prior to the commencement of work. % A sign shall be displayed ot the site not less then two square feet nr more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1855 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 K4aesDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to,require the filing mfo new Notice ofIntent. 15. The Agent or members of the Conservation Commission and the Department Vf Environmental Protection shall have the right hJ enter and inspect the area subject tothis Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary bythe 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. ~v°m=o.^"c`rev e,momo Page vm,o 4 Massachusetts Department uf Environmental Protection Provided»yMaemmEp: Bureau of Resource Protection - Wetlands 242'1O55 �� n�� Conditions ��u �� " �� =~ �� o��K�� u ��8��U�Uons K8GsaauhusettsVVet|gDdsProtection Act K8.(�.L. c. 131, G40 *nEPTronwaoVonw North Andover ityffown C' G )neyalConditions Under Massachusetts Wetlands Protection Act (COOt.) 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. Adno time shall sediments be deposited in m wetland or water body. During oonstruotion, the applicant or him/her designee shall inspect the erosion controls on a daily basis and shall rernove accumulated sediments aa needed. The applicant shall immediately control any erosion problems that occur atthe 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 aho|| 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^P jaoY') (1) 171 is subject hzthe Massachusetts Gh)rnlVVaterStandards (2) E is NOT subject k>the K8anaaohuaatbs Sbzrnnvvahur Standards |f the work |e subject to the Btornnxvater Standards,then the project is subject to the fnUmvxin8 conditions: o) All work, including site preparation, land disturbance, construction and vedeva|opmont, uhoD be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Shormvveher Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by ShormvvoherCond|Uon 8. Construction period enzsinn, sedimentation and pollution control measures and best moneOomentpractices /BK8Pn\ nhoU remain in place until the site |s fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until aRegistered Prnhanniooe| Engineer provides m Certification that: i all construction period 8W1Ps have been removed or will be removed by a date certain specified in the Cerbfioahon. For any construction period BK4Pu intended to be converted to post construction operation for atormwaharattenuation, neoharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BKAP has been properly cleaned or prepared for post construction oponaUon, including removal of all construction period sediment trapped in inlet and outlet control structures; 8 ee'bui|tfina| construction BK4P plans are inn|uded, signed and stamped by m Registered Professional EuAinee/, certifying the site hm fully stabilized; iii, any illicit discharges to the nk)rmvvaher management system have been removed, as per the requirements ofGiVrmvvatarStandard 10; °r"/or°xu""'rev a1oo02u Page rm1u 4 Massachusetts Department of Environmental Protection Provided byM000IDsp: 242'1855 Bureau Uf Resource Protection - Wetlands ��& � � Order � Conditions m�n ^� Form � �� ~�� n ��KuUons .LlK88ssonhUseUsVVet|andeProtection Act ��.(�.L. o. 131. Q40 vmepTmnaaonoo# NodhAndover C. General Conditions Under Massachusetts Wetlands Protection Act /COOt.\ iv. all post-construction stnrmvvabarBKAPoare 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 aCertificate of Compliance, nr 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 8h)/novweterBW1Pa identifying the party responsible for implementing the ohormvvaterBN1P 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 Stormwabar 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 8hnrmwmhar Report and, if applicable, the Shormvvoher Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. a\ Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assVmes responsibility for maintaining each BK8P. Tn overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement ofrecord, 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 ofConditions 18(f)through 18(k)vvith respect\othat BMP. Any failure ofthe 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. |n the case ofstornnwa(arBKAPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the utornnwater 8W1Pm. 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. M 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 8bormvvaterHandbook. wmu/mzmoc'rev m1ommo ppnovm13 4 � � � Massachusetts Department of Environmental Protection Provided uyMo»»oe=: Bureau Of Resource Protection - Wetlands 242-1855 �� Conditions ��n ,� Form � ^� ��u ^�� n "��K��ons Massachusetts Wetlands Protection Act K8.G.Lc. 131. G40 enEffmnuomionw North Andover cfiC. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain on operation and maintenance km for the last three (3) consecutive calendar years of inspections, vepaina, maintenance and/or replacement nfthe abornnwater management system or any part thereof, and disposal (for disposal the log shall indicate the type nf material and the disposal |onabon); 2� Make the maintenance log available tnK8eoeOEP and the Conservation Commission (^Commisnion") upon request; and 3, Allow members and agents nf the KAoaaDEP and the Commission ho enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BW1P established in the {)&yW Plan approved by the issuing authority. h) All sediment or other contaminants removed from ohormwabar BMPs shall be disposed of in accordance with all applicable federal, shabs. and local |avva and regulations. i\ Illicit discharges to the stormwater management system as defined in 310 CMR 1U�04 are prohibited. j) The shzrmvvatar management system approved in the Order ofConditions shall not be changed without the prior written approval of the issuing authority. kl Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(oa defined in the W1manOEP Gtornovvotar Handbook, Volume 3, Chapter 1. Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. |\ Auoosn for maintenance, repair, and/or replacement ofBMPn mhoU not be withheld. Any fencing constructed ovmunU shormwabarBK0Pashall 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 CK8R 10.05(11). the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of|nhanL If the conservation commission or Department determines that the Test Project threatens the public health, safety nrthe environment, the applicant shall implement the nanlova| plan submitted with the Notice uf Intent or modify the project as directed bv the conservation commission or the Department. °n"fo.~:.o^v'rev e1oomv Page a^/m 4 Massachusetts Department mf Environmental Protection Provided»yMaaaDep: 242 1855 Bureau of F(e8DU[CeP�teCtiOD - V�etlaDdS - �� Order � Conditions m�o ^� Form � �~ `�� " ��U�Dons Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 eDEP Transaction w North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance 1� Is a municipal wetlands bylaw or ordinance applicable? 0 Yes [l No o. The North Andover hereby finds (check one that app|ieo): o. F that the proposed work cannot be conditioned to meet the standards set forth ina municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Tberofona, work on this project may not goforward unless and until m revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions inissued. h. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North And er Wetlands Protection Bylaw& Regulations--, Chap. 1&U 1.Municipal Ordinance orgy|mw et. seq. 3. The Commission orders that all work shall be performed in accordance with the following c0Dd|UVUs and with the Notice cf 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 o text douument)* North A d Conservation Commission Findings & Speda| Conditions attached) 4 Massachusetts Department of Environmental Protection Provided uyMassoEp: Bureau of Resource Protection - \A/Btl8DdS 342-l865 �� Order � o� �^�~ ---- F—' ��n ^� Form � ~— .�� u `��=��u�� Massachusetts Wetlands Protection Act K8.G.L. o. 131. G40 eDEP Transaction# � North Andover E. S-gnatures / /~~ ��__ ��7 �� This Order ia valid for Uhmoyeom. unless othomv|oospecified amespecial � / � ~�`-- �° condition pursuant to General Conditions#4.from the date ofissuance. 1. Date ofIssuance Please indicate the number of members who will sign this form. This Order must be signed bym majority of the Conservation Commission. NumbYr48iQnem 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 e|ootnonioa||y, and the property owner, if different from applicant. 1-141ti,/:��21 .............. Signature P 'nted Name na ure Printed Name Signature Printed Name ignature Printed Name ignature Printed Name Fl by hand delivery on certified mail, return receipt *� naqueuted On oa0a Date wp"m"m5.uoc'rev w1uuom Page/1wm 4 Massachusetts Department of Environmental Protection Provided byMa «IDEP: Bureau of Resource Protection - Wetlands 24271855 �� Order � �� .�~ �nu o� Form � �� o "��ons Massachusetts Wetlands Protection Act M.G.L. o. 131. G40 uo&Tmnaumion# North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land Subject to this ()rder, or any ten residents of the city or town in which such land is \ocobad. 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 frorn 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 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 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([W.G.Lo. 131^ § 4O), and iu 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 oo appellate jurisdiction. °vam'mau"='rev m`mrmn po^o12 ofm 4 Massachusetts Department of Environmental Protection Provided by MasoEp Bureau Of Resource Protection - Wetlands 242-1O55 �� Order � Conditions ��o ^� Form � — °�� . "��U��ons Massachusetts Wetlands Protection Act M.G.Lc. 131. G40 eoEpTrannamivn# North Andover City/Town G~ Record~ng Information Prior to commencernent 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 ofthe land subject tothe Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted bo the Conservation Commission listed below. North Andover onservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----'�---'-'�'-'-''''--'�'''��-'-' �'- � '�- ----'� ---''----'�----'----'�---'---.--' T«: North Andover Conservation Commission Please be advised that the Order nf Conditions for the Project at: 5O Abbott Street 242-1855 roject Location MassDEP File Number Has been recorded at the Registry of Deeds of: NorthernEosex County Bonk Page for: Robert Wood & Danielle Ca bi Oroperty Owner and has been noted in the chain of title of the affected property in: 15585 234 Book Pu0u [n accordance with the Order Vf Conditions issued on: Novonober3 2032 Date U recorded land, the instrument number identifying this transaction is: |fnogiatared |wnU. thedocumentnumboridenhh/ingthigtrannacUon |e: 56 Abbott Street 4242-1855 Findings of Fact Current Project Site Conditions: The 1.02-acre project site currently consists of an existing single-family house constructed in 1997 associated driveway, deck,lawn, landscaping and utilities. The project site has been subject to previous wetland permitting with the North Andover Conservation Commission (NACC), which includes the following: ® OOC (DEP #242-783) governed construction of the home in 1996, and a COC was issued in 2000. • NACC #254 & #268: Governed the construction paver patio. The NACC agrees with the delineation of the following wetland resource areas as inspected on site by the Conservation Field Inspector and are reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Wetland (BVW) -Wetland Flags Al-A9 b. 100-Foot Buffer Zone to BVW c. The property does not lie within NI ESP Priority Habitat d. The property does not lie within the 1.00-year floodplain or 200-Foot Riverfront Area Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the following conditions modify or differ from the pTans., specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: Proposed Pool: Construct a 16' x 30' in-ground swimming pool with accessories is proposed at the southern side of the house within existing lawn. The proposed pool accessories include: A paver patio around the perimeter of the pool, an 8'x 8' shed proposed within the footprint of the patio, and a sun shelf (shallow shelf within the pool for sitting/lounging- see attached photo). A short retaining wall (<4' in height) is proposed along a portion of the patio to make elevations work and allow for a flat patio area. In the area of the proposed retaining wall, the grade is proposed to be lowered by approx. 2.5', and the portion of the pool & patio closest to the resource area will match 56 Abbott Street #242-18555 NACC Findings&Special Conditions Page I of 13 56 Abbott Street #242-1855 existing grade to reduce disturbance. A vinyl fence- as required by the building code is proposed around the pool area and will wrap around the back of the house - this is partially within the 50'. The pool and all accessories are located outside the 50' NBZ, with the new patio 53.4' from the BVW at its closest point. Construction access will be through the front of the property (portions of which are outside of the 100'BZ), a stockpile area is shown outside of the 100' BZ, and a dew-atering detail is shown on the plan. If needed, dewatering would take place outside of the 100' BZ. Driveway Work: A portion of the driveway consists of existing crushed stone at the right shoulder bump out. The applicant proposes to replace this crushed stone with permeable pavers and its associated retaining wall. The proposed retaining wall will be a mortared stone wall, less than 4' in height. Portions of the existing gravel section of driveway are located within the 50' NBZ but it is evident in aerials as far back as 2001. The Commission granted a waiver for the driveway bump out within 50' NBZ and found that the proposed paver resurfacing within the existing footprint will not create a new expanded non-conforming condition. 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 associated attachments filed by: Robert Wood & Danielle Capobiano 56 Abbott Street North Andover, MA 01845 Engineer: Williams &Sparages 1.89 North Main Street Middleton, MA 01949 Approved Site Plans & Documents: 0 "Plan to Accompany a Notice of Intent #56 Abbott Street", prepared by Williams & Sparages, signed and stamped by Richard Williams, PE, scale 1"=20', revision dated October 20, 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. 56 Abbott Street 11242-18555 NACC Findings&Special conditions Page 2 of 13 56 Abbott Street 4242-1855 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 iWM days (30) prior to the expiration date of the Order (Refer to Section 83) of the Nortil A i1dover We fland Regulations). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No Disturbance Zone and a fifty foot (50') No Build Zone shall be established from the edge of the adjacent Bordering Vegetated 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, 56Abboustreet #242-18555 NACC Findings&Special Conditions Page 3 of 13 56 Abbott Street #242-1855 soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed any drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. 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. 37, This Order shall be recorded, in its entirqy, 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 applicant's expense. 56 Abbott Street 4242-18555 NACC Findings&Special conditions page 4 of 13 56 AI)bott Street #242-1855 M. A check payable to the Town of North Andover shall be provided in the amount of three thousand dollars $3,000 which shall be in all respects satisfactory to 'Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 39. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 40. 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. 41. The proposed pool shall employ a cartridge style filter system (not a backwash system). Specifications for the cartridge system shall be provided to the Conservation Department prior to sign off of the building permit. 56 Abbott Street #242-18555 NACC Findings&Special Conditions Page 5 of 13 56 Abbott Street 9242-1855 42. A sign, visible from the street, shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Mass. DEP #242-1855." 43. Wetland flagging on site shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 44. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall be properly installed between all construction areas and wetlands 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. Erosion controls shall be installed by field survey, to ensure that the 50-foot No-Build Zone is being respected. All additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging 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/contractor shall have on hand at pre-construction meeting, removal or stockpiling, additional 50 feet of mulch sock and sufficient stakes for staking, both covered from the elements, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. The erosion controls shall serve as the limit of work. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 47. Excavation dewatering means and methods, as shown on the approved plans, shall be reviewed with the site contractor and approved by the Conservation Department and shall be maintained outside the 100-Foot Buffer Zone. All dewatering BMPs shall be on.site and installed at the time of the on-site pre-constructioniDL,ctin with the Conservation Department. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the 56 Abbott Street 11242-18555 NACC I�iii(litigs&Special Coti(litiotis Page 6 of 13 56 Abbott Street #242-1855 Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 48. Prior to any work commencing on site, the edge of 25' NDZ/vegetated areas adjacent to the BVW shall be moriumented with seven (7) weather resistant posts (i.e. 4x4 pressure treated posts or cedar posts) that shall receive wetland markers, These posts and markers shall be installed at roughly 35-foot intervals facing upland. Said markers shall incorporate the following text on their upland side: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Said markers are available for purchase in the Conservation Department at Town.Hall. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to the applicable construction phase, the closest corners/edges of the proposed patio and the edge of the existing driveway bump out shall be surveyed and flagged/staked in the field with an adequate number of 5-foot off-set stakes on the wetland side. The applicant, contractor and Erosion Control Monitor shall ensure these stakes remain in place throughout the construction phases until these phases of work are completed. This is to ensure that the 50-Foot No Build Zone is respected and not inadvertently encroached upon by patio construction and not further encroached upon by the driveway resurfacing work. 50. The use of polymeric sand for the patio installation is strictly prohibited. A bill of lading for pervious sand infill material shall be provided. 51. Prior to any work commencing on-site and in time for the on-site pre-construction meeting, the applicant shall submit to the NACC or its Administrator for review and conu-nent, a detailed work schedule/sequence of construction, 52. 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. .%Abbott street 11242-18555 NACC I',iti(iiiigs&Special Cotiditioiis Page 7 of 13 56 Abbott Street #242-1855 53. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. Note: The Building Permit shall have been applied for at the time of a pre- construction meeting with the Conservation Department, and Conservation Department sign off will not be granted until pre-construction conditions are satisfied. 54. 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. 55. 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. 56. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 56 Abbott Street #242-18555 NACC F,indi jigs&Special Conditions Page 8 of 13 56 Abbott Street 9242-1855 WATER MANAGEMENT CONDITIONS I i111111 �l'!i'�11 l!111 IN 111 111111111 11111ei 57. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 58. 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 59, The applicant, owner, their employees and successors in title are placed on notice that the proposed patio is to be located jttst outside of the NACC 50-Foot No Build Zone. This leaves virtually no room for error in the citing of the edge of the patio relative to the wetlands and remain in reqtdre(l cotnpliarice with the 50' NBZ. This notice also applies to the driveaway bump out resurfacing, in that its existing footprint shall not be altered so as to avoid creating a new non-conforming encroachment. 60. 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. 61. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to Lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff, 62. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, foamed 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. %Abbott strut 11242-18555 NACC Findings&Special conditions Page 9 of 13 56 Abbott Street #242-1855 63. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily, 64. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing the site and avoid tracking on to public right of way. 65. All materials stockpiling area shall be outside the 100-Foot Buffer Zone at the front of the house as shown on the approved plan. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 66. 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 feet of the edge of IVW. 67. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 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. AFTER CONSTRUCTION 70. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw, 56 Abbott Street #242-18555 NACC Findings&Special conditions Page 10 of 13 56 Abbott Street #242-1855 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity, 72. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 73. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 74. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 75. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 76. Any/all pool water draw down shall be directed outside the 100-Foot Buffer Zone over lawn area, and not discharged directly into the bordering vegetated wetland. 77. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 78, Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. Wl-"A 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 56 Abbott Street 11242-18555 NACC Findings&Sincial conditions Page 11 of 13 56 Abbott Street #242-1855 work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. Check, payable to the Town of North Andover, for Certificate of Compliance filing fee (inquire with Conservation Department for current fee rate). j. An"'As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the 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 any disturbance of soils or vegetation. 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No Disturbance Zone and a 50' No Build Zone & 50' No Disturbance Zone and 75' No Build Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); Resource Area Markers (Condition #48); Discharge or spillage of pollutants (Condition #69); Prohibition of underground fuels (Condition #70) Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #71 & #72); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #73). Prohibition of the use of coal tar based products for paving (Condition #75); Pool water management (Condition #76). 56 Abbott Street fi242-18555 NACC Findings&Special Conditions Page 12 of 13 56 Abbott Street 4242-1855 APPENDIX A -AFFIDAVIT 11 -----------I,,,--,,,-,.,,.,.,,.--on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK Al-LEAST ONE BLOCIO 1— l 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 am the (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions. and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File 5. 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 (lay of 19 (Signature-authorized agent of applicant or owner) %Abbott Street 0242-18555 NACC Findings&Sl)ccialCoti(litiotis Page 13 of 13