HomeMy WebLinkAboutNACC #301, 81 Paddock Lane OOC - Permits #NACC #301 - 81 PADDOCK LANE 3/16/2023 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands n/a Local NACC4301
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. From. --_......_._..._._. ___ ......... ... ..........
been modified Conservation Commission
with added 2. This issuance is for
space to a. ®Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Derek Hamilton
a First Name b.Last Name
Important:
When filling
_..... ...... . ..._..w_ __..--- - ....-----------__.—
out forms on c.Organization
the 81 Paddock Lane
computer, .......-
use only the d.Mailing Address
tab key to North Andover MA 01845
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different frorn applicant):
return key.
rQ a.First Name b. Last Name
-------------
c.Organization
ream
d. Mailing Address
e.Cityfrown f.State g.Zip Code
5. Project Location:
81 Paddock Lane North Andover
a.Street Address b.City/Town
Map 107 D Lot 102
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d63mO 3s 71d09m570s
d. Latitude e. Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands n/a Local NACC#301
WPA Farm ® Order of Condition MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e-DEP Transaction#
North Andover
City[Town
......-- .....------------__---------------
A. General Information (cant.)
6. 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)
15514 338
_ ............... . ._..._.. _....__.._... — _ _..... _ ... . ......_...
c.Book d Page
January 12, 2023 March 8, 2023 March 16, 2023
7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan to Accompany a Notice of Intent 81 Paddock Lane
a.Plan Title
Williams &Sparages Richard L. Williams
b. Prepared By c.Signed and Stamped by
February 9, 2023 1"=20'
_.......
d.Final Revision Date e.Scale
See attached for all approved documents
f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Fallowing the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f, ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. 0 Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection -Wetlands nfa local NACC#301
LI
WPA► Form 5 — Order of Conditions MassDEP File# .
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e®EP Transaction#
North Andover
City/Town
B. Findings (cant.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. M Buffer Zone Impacts: Shortest distance between limit of project 50.8'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank .__. .-- ...-- _____._. ._.._.. __.....___._
a.lin 11 ear feet b. linear feet c linea 11 r feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a,square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a,square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage -
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage . .........
c.cubic feet d.cubic feet e,cubic feet f.cubic feet
s. ❑ Riverfront Area
a.total sq.feet b,total sq.feet.
Sq ft within 100 ft _... -- _..._... .. .__..
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft cd.square feet h.square feet L square feet— j.square feet
wpaform.5ADc rev.6116/2015 Page 3 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands "/rj Local ItifAcc#301
WPC► Form 5 — Order of Conditions MassdEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "e'D""i'Transaction#/
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration . Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the _
Ocean a.square feet b.square feet�M
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks ----- __f... ---.._-_
a.linear feet b Ifne 11 ar feet
M ❑ Rocky Intertidal
Shores a.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
. .................
........._.. _............ ...
C.c/y dredged d.c/y dredged
1g. ❑ Land Containing
Shellfish a.square feet b square feet c.square feet d.square feet
M ❑ 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. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area --------
a.total sq,feet b.total sq.feet
Sq ft within 100 ft ..........
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100- _
200 ft g.square feet h.square feet i.square feet y.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands n/a Local NACC#301
-'`� MassDEP File#
A Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransachon !
North Andover
Cityr own
B. Findings (cont.)
*#23. If the 23 ❑ Restoration/Enhancement*:
project is for
the purpose of
restoring or
enhancing a a.square feet of BV'VV b.square feet of salt marsh
wetland resource area 24. ElStream Crossing(s):
in addition to
the square ___ _._......_ ..... _........
footage that a.number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVVV)or The following conditions are only applicable to Approved projects.
B.17.c(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional g y y
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
e. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 1 0.05(l 1)(0.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided h9Mmm«DEp: �
Local 0�CC#30l �
��OP88UOf Resource [zrOtecfiOD - ��etlGOds wu oa �
������� �� �� ��r^� � �� ^�^*~ ----- ' —''
mwu ^� Form � �~ n�o ���� �� "��������U����
ILI Massachusetts Wetlands Protection Act K8.G.Lc. 131. §40
North Andover
CityfTown
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
0. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the nagiobaved 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 Vn the form ot the end of this Order, which form must be �
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stamped bv the Registry of Deeds, prior to the commencement ofwork.
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 Local NACC
#3O1
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 N1ansOEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance /VVPA Form 8A> ho the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing ofa new Notice ofIntent. �
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right hn enter and inspect the area aubi�:�toth(e �
^ �
Order at reasonable hours to evaluate compliance with the conditions e(abad in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission nr Department for that evaluation.
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16. This Order of Conditions shall apply to any successor in interest or successor in controlof
the property subject to this Order and to any contractor or other person performing work �
conditioned bv this Order. �
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Massachusetts Department of Environmental Protection Provided by MassDEP: �
n �
/u Local ACC#30I
Bureau of ��esoU[cePnDteCtiOO - �/eflaUds
�����J� D� �� ����| � Conditions
--'-- File�mo �� Form ~v ~� ��u*���� ��� ���������uU��K���
ILI Massachusetts Wetlands Protection Act M.G.L. C. 131, G40
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start cfwork, and i(the project invo|wsuworKndiemantho e Bordering Vegetated
Wetland, the boundary of the wetland |n 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 Vr other means. Atno time shall sediments be
deposited in evveUend or water body, During oonohuotion, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the Unn|i of work unless another limit of
work line has been approved by this Order.
19. The work onaon|ehad with this Order(the "Project")
(1) ia subject to the Massachusetts StnnnwoharStandards
(2) Z ia NOT subject to the Massachusetts SbormwaberStandarda
|f the work iu subject tothe Stormmvvatar Standards, then the project is subject bmthe
following conditions:
a) Ail work, including site preparation, land disturbance, construction and nadave|upnoen[
shall heimp|emontedin accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the StnrnrwoharPollution
Prevention Plan required bv the National Pollution OisCba[Qn Elimination System
Construction General Permit oo required byStormwatar Condition 8. Construction period
oroaion, sedimentation and po||udnn control measures and best management practices
(8K8Pn) shall remain in place until the site |n fully stabilized.
b\ No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until e Registered Professional Engineer provides eCertification that:
i all construction period BK8Pa have been removed orwill be removed bya date certain
specified in the Certification. For any construction period ByWPa intended to be converted
t0 post construction operation for eturmvvaharattenuation, reohorge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BN1P has been properly cleaned or prepared for post construction openation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
8 as-built final construction BK4P plans are |no}udad, signed and stamped by Registered
Professional Engineer, certifying the site |a fully stabilized;
iii. any illicit discharges to the sborn1waher management system have been removed, as per
the requirements ofSturmvvobar Shandend1O;
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80mmeaohuaetbm Department of Environmental Protection Provided byMm*aoep: �
�
0&CC#30}l Local oo
��UPe@UOf Resource Protection - \8/et8DdS u u �
������� Q� �� Order � �� x�^�^ ----- ' —''
��n m� Form � �� "������ ��n "������U�K����
ILI Massachusetts Wetlands Protection Act K8.G.Lc. 131. §40
NodhAndover �
n/ty/rown
C. General Conditions Under Massachusetts Wetlands ProteGtipn Act (cont.)
iv. all post-construction otormwmtarB[WPsare installed in accordance with the plans
(including all planting p|onm\ appruvedbythoiaauingeuthorih/. andhav� been |nmpaok�dtn �
' �
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement)for the
Shormmmbar 8K8Pm identifying the party responsible for implementing thoetormwahar BMP
Operation and Maintenance Plan ("0&MP|an") 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 sh]Dmw@ter management BK0Psand
implement the 8tnrmwaber 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
Shormwa(er Report and, if applicable, the Sturmvvater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
o> Unless and until another party accepts responsibility, the landowner, or owner ofany
drainage easement, assumes responsibility for maintaining each BW1P. Tn overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18Ul through 18/k\with respect 10 that BK4P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(D through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. in the case ofetornovvatarBK8Pa that are serving more than one lot, the
legally binding og|SeOlgAt She|| also identify the lots that will be serviced by the stornnvvmter
8K8Pa. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all etormvvoharBN1Pminaccordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Sk)rmwmterHandbook.
vipaxxmamm^ rev.^nmmm Page om,2
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Massachusetts Department of Environmental Protection Provided bywuooEF: �
Bureau of Resource Protection - Wef|Gnds n/o Local MACC#301 �
������� �� �� ���^� � Conditions
--_-- File�mn v� Form � �� Order �� `���K�����������
ILI Massachusetts Wetlands Protection Act M.G.L. C. 131' §40
North Andover !
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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, mainbenenceend/ormyo1acenlentmfthe
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ocotion);
2. Make the maintenance log available boPNeaoDEP and the Conservation
Commission ("Comm|aaion") upon request; and
3. Allow members and agents of the N1aoaDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance �
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with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPS shall be disposed �
of in accordance with all applicable federal, state, and local laws and regulations. �
i\ Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 �
are prohibited. /
U The stormwater management system approved in the Order of Conditions shall not be |
changed without the prior written approval of the issuing authority. !
N Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not baaltered without the prior written
approval of the issuing authority.
|> Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade b» allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text �
document):
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20. For Test subject to310CN1R1O.O5(11). the applicant shall also im the �
monitoring plan and the restoration plan submitted with the Notice of Intent, If the
conservation commission or Department determines that the Test Project<hnambanothe �
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice nf Intent nr modify the project andirootedbytheconaervot|Vn
commission Vr the Department.
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Massachusetts Department ofEnvironmental Protection Provided oymae oep:
oca
/a io l NACC4301 �
Bureau of F{eS0U[cePK)teC[i0D - \�etlaDds
������� K� �� ���^� � �� ^�~�^ ----- � —'
��n ^� Form � ~� ~�x�u�� �� `�����uU��onsILI
Massachusetts Wetlands Protection Act K8.G.L. o. 131. G40
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw orordinance applicable? 0 Yee 171 No
2� The North Andover hereby finds (check one that mpp|ims):
cons-e—rvation Commission
o. 171 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
I.Municipal Ordinance or Bylaw 2.Citation
Thenafona, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these |
standards, and o final Order of Conditions imissued.
b. 0 that the following additional conditions are necessary to comply with a municipal �
ordinance orbylaw:
NodhAndover VVet|andaProtao8onB | � U& [ Chmpt. 19O
1. Municipal Ordinance m/Bylaw et. seq.
3, The Commission orders that all work shall be performed in accordance with the following �
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify �
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the Notice of Intent, the conditions shall control.
The special oonditionmma|sd|ngtomunkjpa| ordinanoeo[bWawaneaahol|ows (ifyounoed
more space for additional conditions, attach a text documnenU:
North Andover Conservation Commission Findings & Special Conditions (see attached) �
wpafofrn5.*o,c' pm6n6/2015 Page mm12
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Massachusetts Department of Environmental Protection Provided bymosoEp �
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BUpB@U of Resource PrOf8OtiDD - WetlaDds MACC 4301 �
WPA Form 5 _ Order of Conditions _—_— File..
Massachusetts Wetlands Protection Act KA.G.Lc. 131, §4O eDEP Transaction
North Andover
E, S~gnatures
This Order is valid for three years, unless otherwise specified auospecial
condition pursuant to General Conditions#4'from the date Of issuance. 1.Date of Issuance
Please indicate the number uf members who will sign this form.
This Order must be signed hyn majority o/the Conservation Commission. 2. mum8'e—ro �§f6uom
The Order must be mailed by certified mail (return receipt requested)or hand delivered ho the applicant.A
copy alsomust bm mailed or hand delivered ut the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Sig lure Inted Name
P—_-'_— �
\/ Gig-
not u �
Signature'Signature "�7
Pr Name,
- ~, . K�..
ame
Sig
n a ru'-fe- PrTed N
pme
Sig, P'nted Name
Signature Printed Name
F1 by hand delivery on by certified mail, return receipt
' naquaahad on
Date
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Massachusetts Department uf Environmental Protection Provided uyMomoEp: �
ILIBureau Of Resource Protection - Wetlands n/o Local R&CC#301
������� K� �� Order � �� rg~�~ ----- ' —''
��m m� Form � �� ������� ��n ~����^*�^8����
Massachusetts Wetlands Protection Act yW.G.Lc. 131, §4O
North Andover
G. Record^ng Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner ofthe land subject to the Order. In the
case of registered land, this Order shall also be noted pn the Land Court Certificate nf Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted ho the Conservation Commission listed below.
North Andover
onservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
�_------__-_-----------__�-_--__�---_-----_�_-_��---_�_-___-_-__-____-_�-___-_--__----___---___ __--__-
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North Andover �
Conservation Commission
Please be advised that the Order cf Conditions for the Project at |
81 Paddock Lane Local NACC# 3O1
Has been recorded at the Registry of Deeds of: �
Northern Essex
DernkHanoi|ton
for:
and has been noted in the chain of title ofthe affected property in: �
�
15514 338 /
Book pu3o
|n accordance with the Order of Conditions issued on:
March16 2023 |
Date |
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81 Paddock Lane -NACC #301- IVW Regulated Under North Andover Wetlands Protections Bylaw
Findings of Fact
Current Pro"ject Site Conditions: The 1.01-acre project site currently consists of an existing
single-family house constructed in1984 with associated septic system, driveway, deck, lawn,
shed, landscaping and utilities.
The project site has been subject to previous wetland permitting with the North Andover
Conservation Commission (NACC), which includes the following:
• A Negative Determination of Applicability issued on November 18, 2020 for the
demolition of an existing deck and construction of a new expanded deck footprint at
404 square feet+/-
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 local Bylaw and Regulations.
a. Isolated Vegetated Wetland (IVW)- Wetland Flags Al-A8
b. 100-Foot Buffer Zone to IVW
c. The property does not lie within NHESP Priority Habitat
d. The property does not lie within the 100-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 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 plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
21. The proposed work includes: construction of an irt-ground pool, associated grading,
retaining wall, pervious paver patio, fencing and pool equipment. Work is within the
100-foot buffer zone to IVW but outside the 50-Foot No Build Zone and within
existing turf lawn. Construction access points are proposed on the western side of the
house along the paved driveway located within the outer reaches of the 100-foot
buffer zone. Stockpiling will be located partially within the 50-Foot No Build Zone.
Limited clearing of low growing woody material will be performed by hand over the
existing septic system leaching field in order to avoid root incursion into the septic
system components. A dewatering area will be located between the 50-Foot No-Build
Zone & the 1.00-foot Buffer Zone, An existing shed, within lawn area is located—4'
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81 Paddock Lane -NACC 4301- IVW Regulated Under North Andover Wetlands Protections Bylaw
into the 50' No Build Zone, and is visible in 2012 aerial photos, The shed was installed
by the previous owner's and the applicant submitted a waiver with an alternatives
analysis seeking approval to allow the shed to remain in its current location. After
due discussion and consideration, the NACC voted to grant the waiver request as the
applicant demonstrated there were no alternative locations for the shed that resulted
in less impact to the buffer zone. Buffer zone enhancement planting is being offered
but will not be required per the requirements of Special Conditions #48 & #49 below.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent and associated attachments filed by: Derek Hamilton
81 Paddock Lane
North Andover, MA 01845
Engineer: Williams &Sparages
189 North Main Street
Middleton, MA 01949
Approved Site Plans & Documents:
• "Plan to Accompany A Notice of Intent- 81 Paddock Lane" prepared by
Williams &Sparages, signed and stamped by Richard L. Williams, PLS,
scale 1"=20', dated January 9, 2023, Revised: February 9, 2023;
• Waiver Request Worksheet and Cover Letter, dated February 16, 2023
prepared by Williams &Sparages, signed by Greg 1--loclunuth,
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
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81 Paddock Lane - NA(,C #3 01- IVW Regulated Under North Andover Wetlands Protections Bylaw
NACC, agent of the NACC 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 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 or its agent 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 8.3) of the North
Andover Wetland Regi.dations).
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. 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-Construction Zone shall be established from
the edge of the adjacent wetland resource. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3,4 &Appendix F of the
local Regi.dations),
32. 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.
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81 Paddock Lane -NACC, #301- IV Regulated Under North Andover Wetlands Protections Bylaw
33. 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 systern,,if
accepted by the'I as part of a public way, becomes the responsibility of the Town.
34. 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
35. 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.
36. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
37. 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
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81 Paddock Lane - NACC #30 1- IV Regulated Under North.Andover Wetlands Protections Bylaw
of specific portions of the project for the NACCs review and approval. This condition
is issued under the authority of the local Bylaw.
38. 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.
39. 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.
40. The proposed pool shall employ a cartridge style filter system (Rot a backwash
system). Specifications for the cartridge system shall be provided to the Conservation
Department prior to sign off of the building permit.
41. The use of polymeric sand for the patio is strictly prohibited. A bill of lading for
pervious sand material shall be provided.
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 "NACC File # 301."
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
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81 Paddock Lane - NACC#301- IVW Regulated Under North Andover Wetlands Protections Bylaw
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/compost-filled sock (Filtrexx SiItSoxx or
equivalent) backed by entrenched, staked silt fencing 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. 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 1 roll of 100%biodegradable
erosion control blanketing (NO plastic netting allowed) and sufficient stakes for
staking, both covered from the elements, and shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
46. The erosion controls shall serve as the limit of work. Workers should be informed that
no use of 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 at the time of the on-site pre-construction meetin 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 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.
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81 Paddock Lane -NACC #30 1- IVW Regulated Under North Andover Wetlands Protections Bylaw
48. Prior to any work commencing on site, a 10-foot swath landward from to the edge of
the IVW shall be monumented with five (5) weather resistant posts (i.e. 4x4 pressure
treated posts or cedar posts). The monuments/posts shall receive wetland markers.
These posts and markers shall be installed at approximately 25-foot intervals facing
upland. Said markers shall incorporate the following text on their upland side:
"Protected Wetland Resource Area". This will designate the sensitivity of the wetland
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. Mowing between the wetland and the posts as described in Special Condition #48
above shall be prohibited in perpetuity and this 10-foot swath shall be left to
naturalize.
50. 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
corru-nent, a detailed work schedule/sequence of construction.
51. 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.
52. 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 pert-nit 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.
53. Prior to any work commencing on site, the grass and ornamental plant clippings
observed by Conservation Department staff within the IVW and its associated 25-foot
No-Disturbance Zone shall be removed and taken to an appropriate off-site facility or
to a location outside of the 100-foot Buffer Zone.
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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 any construction related
activity on site and shall arrange an on-site conference with an NACC representative,
the contractor, erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
J
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 wetland shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
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81 Paddock Lane -NACC #301- IV Regulated Under North Andover Wetlands Protections Bylaw
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION Im
www�j
59. 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
sequel-ice and can be a part of the weekly erosion control reports.
60. 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.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1s' 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.
62. 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.
63. The construction access for the project
t shall be swept daily to remove sediment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
64. All materials stockpiling area shall be located between the 50-foot No-Build Zone &
100-foot buffer zone, as shown on the approved plan. Additional erosion controls
(staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall be installed to envelope
the temporary stockpile area. At no time shall be stockpiling of soil or any other
materials occur on the wetland side of the erosion controls.
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65. 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.
66. 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.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project,
68. 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 IN
MA
69. Continued manual removal of woody vegetation over the septic system trench
footprint is allowed beyond the issuance of a Certificate of Compliance. Leaf litter is
to be left so as not to turn this area into maintained law, which was not proposed
during the public hearing process by the applicant or the project consultant.
70. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area, This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued.under
the authority of the Town's Wetland protection Bylaw.
71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
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,
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73. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
74. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to 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
(PAI-Is) 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 Isolated Vegetated Wetland
(IVW).
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. 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
I 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 plari(s) and documents referenced
above, and as conditioned by the Commission.
L 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:
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"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 1.00 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�aLny disturbance of soils or vegetation.
79. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 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-Construction Zone shall be
established from the edge of the adjacent wetland resource. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local bylaw. No disturbance of
existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See
Section 3.4 &Appendix F of Ole local Regu lations)(Condition #31);
Pool filtration system to remain cartridge style (Condition #40);
No polymeric sand shall be used on the pool patio (Condition #41);
Resource Area Markers & No Mow Strip (Conditions #48 & #49);
Discharge or spillage of pollutants (Condition #68);
Continued manual removal of woody vegetation over the leaching field
(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 area 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).
81 Paddock Lane NACC 1l301 (IVW under Bylaw Only) NACC Findings&Special conditions
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81 Paddock Lane -NACC #301- IVW Regulated Under North Andover Wetlands Protections Bylaw
APPENDIX A- AFFIDAVIT
11--------------- ----------------- oii oath(to hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions-----------------------------------------------------------------------
have been placed tip 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 Condition,,; 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
.................._..__..__._..._a..._
(Signature-authorized agent of applicant or owner)
81 Paddock Lane NACC#301([VW miler Bylaw Only) NACC Findings&Special Conditions
Page 13 of 13