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Home My WebLink About242-1868, 25 Gilman Lane OOC - Permits #242-1868 - 25 GILMAN LANE 7/5/2023 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands M 1868 MassDEP File# WPA Form 5 ® Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eCiEl'Transaction# North Andover City/Town A. General Information --- - Please note: North Andover _...._.. this form has 1. rom: --...............-- been modified Conservation Commission with added 2. This issuance is for space to a.® Order of Conditions b.El Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Stacy - Lunger .................... . ......... ... Important: a. First Name b. Last Name When filling out forms on c.Organization _......... ... ... the 25 Gilman 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 from applicant): return key. rab a. First Name b. Last Name c.Organization rerun ...d_._. _ailing .........._.. . .......... _.__.----------. .._._.._._ ...._........ ..._......_ .M Adddd r r ess e.City/Town f.State g.Zip Code 5. Project Location: 25 Gilman Lane North Andover a.Street Address b.City/Town Map 107A Lot 151 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d65rn549s -71d08m794s d. Latitude e. Longitude wpaform5.doc•rev 5/1 812 02 0 Page 1 of 13 4 KOmeeechumetba Department of Environmental Protection Provided'ymamnoEP: � Bureau Of ROGOUFOe Protection - VV8tlaDdS 242-1868 � �� ^� � Conditions ��ssDE� _ile�� w�u �� Form ~� -~ ��n �� K�� v�KxUK�� Massachusetts Wetlands Protection Act K4.E).Lc. 131. §40 aoEp Transaction# � � North Andover A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): NothemEsse -Y-couriiy'' b.Certificate Number(if registered land) 16919 40 c.Book d.Page N1 11 �O23 June �O23 J � Dates: - ~'a.DaC�'4otice 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): '� � Proposed Pon| Patio, a.Plan Title �� h M ��oi b. Prepared By c.Signed and Stamped by W1 3O 2O�3 1"=2O' d.Final Revision Date e.Scale See Attached List of All Approved D cs andp/ B. Findings 1. Findings pursuant tm the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Aot). Check all that apply: u kD Pub|hzVVaba� 'Supp� k �� Land � �� Prevention of � �~ Pollution [d. Protection of � Private �� Fisheries � ~~ Wildlife Habitat | y. Groundwater Supply h. Storm Damage Prevention I. M Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. M 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. 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1868 _ WPA Form 5 ® Order of Conditions MassDEP File fE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Borth Andover Cityfrown B. Findings (cont.)�_-- 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. ® Buffer Zone Impacts: Shortest distance between limit of project 52+/- disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a,linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank _- _ _..........._.._. _ _.._._.. ._... a. linear feet b linear feet c.linear feet d,linear feet s. ❑ 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 9. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet 11.square feet L square feet j.square feet wpafovm5.doc-rev 511 812 02 0 Page 3 of 13 4 � � Massachusetts Department of Environmental Protection Provided uymamuoEp: 242-18G8 Bureau OfResource Protection - Wetlands �� 0� �� Order � Conditions --'-- —ile' �mu �� Form =, —~ �~�� o ��^�D�Uons ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eoep Transaction w North Andover ~'^r'~`~' B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Re9|eoennnnt 1V. �l Designated�� Indicate size under Land Under the 0�ean belowAroas ' 11, El Land Under the Ocean a.square feet b.nqum re" *em 12, �~�l Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Ouneo be|nvv 13, 0 Coastal Beaches «" uuU a.square feet b.square feet C.nourishment d.nourishment 14. F-1 Coamta| Dunea oud uud °.square feet ".square feet ^"""'','"'='" ".''°"''""'"""' 15 Coastal � �� ajoneaFfeet-- b.linear feet -- 18. E] Rocky Intertidal ------ Shores m.square feet b.square feet 17, R Salt Marshes a.square feet b.square feet c.square feet d.square feet 18 Land � � �� Ponds a.square fee b uqumm�u - -' dredged— --' —`-"`` | % El Land Containing ! Shellfish a uqvam�m b�uqoarehaev C square-feet d.oquunafem o1 El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under VVeterbndieeand � Waterways, above � —_' dredged ~�~'dredged 21. El Land Subject hJ Coastal Storm a.square feet h.square feet Flowage 22. [] RiverfrnntAn*a a.total sq.feet b.total sq.feet Sq#within 100ft c,square feet d.square feet e.square feet f.square feet Sqft between 1UU- 200ft O.aquare feet h.square feet i.square feet � j.square feet — "n°*,vm,mo'rev m,onnzu Page 4m1a 4 � / � � � � Massachusetts Department of Environmental Protection Provided»YemmemEP: | Bureau Of Resource Protection - Wetlands 242-1868 ��J� K� �� Order � Conditions ��s DE� il �� wm" ^� Form � �� "�� w ~��N�� Massachusetts Wetlands Protection Act M.G.L. C. 131. §40 ooep Transaction# North Andover � � B. Findings (cont.) � ^#23 If the as �� Restoration/Enhancement pm�m��r � ^~ the purpose of restoring or enhancing -square feet of BVW -square-- ----'m—rsh — xet|und resource area o*. El Gtnaann Cnous|ng(a): m addition to the square footage that ^,number m new stream crossings o.number m replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in SwctionB.5.0 <oVVV or The Uwm/|n� uwnd|dmnm unmmn|Vop�|ioe�|mtuApprmvwd projects. e,1rx<8o|t '~ . '~v ' Marsh)above, 1I Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause ho revoke or modify this Order. omountbwva. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury toprivateproperh/ orinvasionofphvmtehghta. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable fedena|, otate, or local ntatutes, nniinonces, 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 iam 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 yeam, 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 asa special condition in this Order. o. |f the work |m for a Test Project, thimOrdernfConditioneaheUbeve|idformomonethan 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 mayboexbandodfnrona additional year only upon written application by the applicant, subject to the provisions of 310 � CPWR 10.05(11)(M. 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 mhaUboo|een0|. AnyfiUehoUoonha}nno(naeh. 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. � 4 � K8asnmohun$th* []apartment of Environmental Protection Provided hwMa» oEp � Bureau nf Resource Protection - Wetlands 242'1808 � �� Order � Conditions m�n x� Form � — ��^o�� " ~��UuUons � | Massachusetts Wetlands Protection Act K8.G.M.G.L. �L c 131' ^�4O eoep Transaction w � North Andover � C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. � � Q. No work shall be undertaken until the Order has become final and then has been recorded in the Registry ofDeeds or the Land Court for the district|nwhich the [and is located, within � � the chain of title of the affected property. In the case of recorded land, the Final Order shall � also be noted in the Registry's Grantor Index under the name of the owner of the land upon � which the proposed work is to be done. In the case of the registered land, the Final Order � shall also be noted on the Land Court Certificate of Title of the owner of the land upon � which the proposed work is done. The recording information shall be submitted to the / Conservation Commission on the form at the end of this Order, which form must be / stamped bv the Registry mf Deeds, prior ho the commencement ofwork. / 1O� Anign nho|| be displayed at the site not less then two square feet nr more than throe | square feet im size bearing the words, | "Massachusetts Department of Environmental Protection" [or, "MassDEP"] � "File Number 242-1860 " 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 W1oosDEP. � 12. Upon completion cf the work described herein, the applicant shall nubmite 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 ks significant enough to require the filing ofe new Notice ofIntent. � � 15. The Agent o/members of the Conservation Commission and the Department of Environmental Protection shall have the right k)enter and inspect the area subject hothis Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wp=m,"w,u""^rev w1aomo Page*m1n � � 4 ! Massachusetts Department wf Environmental Protection Provided uymoovosp 242-1888 Res ource Wetlands �� Order � Conditions L( ]i ��o »� Form � — ~�� o `��Uons Massachusetts Wetlands Protection Act &4.G.Lc. 131. &4O aDsP Transaction o North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior h>the start of work, and if the project invo|vmmworkadiaoenthzmBorderingVegehstad Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in p|aoe, 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. Atno time shall sediments be deposited in mvvoUand or water body. During conshuoUon, 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 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 ahu|| serve as the limit of work un|*ne another limit of | work line has been approved by this Order. ' 18. The work associated with this Order(the "Project") ' (1) El ie subject to the Massachusetts 8tor /vva. rStandands (2) 0 ia NOT subject tn the Massachusetts SbormvveterStandards If the work hs subject bn the Storrnxvmh*r Standards,then the project isewbi�utbmth� ' | following conditions: � a> All work, including site propmraUon, land disturbance, construction and redevelopment, . shall be implernented in accordance with the construction period pollution prevention and � erosion and sedimentation control plan and, if applicable, the Bhormwahar Pollution � Prevention Plan naqVinad by the National Pollution Discharge Elimination System � Construction General Permit as required by 8hormwaher Condition 8. Construction period � erosion, sedimentation and pollution control measures and best management practices (BPWPn) shall remain in place until the site ie fully stabilized. b\ No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until m Registered Professional Engineer provides a Certification that: � i all construction period BMPu have been removed or will be removed bya date certain � specified in the Certification. For any construction period BK4Ps intended to be converted � to post construction operation for gh>[0watgrattenuation, reohorge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that | � the BPNP has been properly cleaned or prepared for post construction operation, including � removal of all construction period sediment trapped in inlet and outlet control structures; fi. as-built final construction 8K8P plans are included, signed and stamped by Registered � Professional Eng(neer, certifying the site ie fully stabilized; iii. any illicit discharges h>the sbznnwabx management system have been removed, as per the requirements ofSto/mwator Standard 10; wpam,mxo""'rev m,mumo Page/w1u | 4 � � Massachusetts Department of Environmental Protection Provided byMasmoEp: | � 242-18G8 Bureau of Resource Protection -W8tlaDds �� K� �� Order � Conditions ----- —' mwn �� Form � �� `�� u ��D�� Massachusetts Wetlands Protection Act K0.G.Lc. 131. Q4O ensp Transaction# ILI North Andover Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction mhormwater BN1Psare installed in accordance with the plans i (including all planting plans) approved by the issuing outho/ib/, and have been inspected to ensure that they are not damaged and that they are in proper working condition; � � x any vegetation associated with post-construction BK8Psis suitably established to withstand erosion. n\ 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 � 8turmwahar BK4Po identifying the party responsible for implementing the stornlwotorBMP � 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 bn operate and maintain the sh/Dnvvaharmanogenoent B[NPsand � implement the Shzrmvvater Pollution Prevention Plan. � d) Post-construction � ' � accordance with the long-term Pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. o) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each ByWP. To overcome this � presumption, the landowner of the property must submit to the issuing authority a legally � binding agreement ofrecord, acceptable hothe issuing outhority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(D through 18(k)with respect to that BW1P. Any failure ofthe � proposed responsible party to implement the requirements of Conditions 18(f) through � 18(k)vvith respect to that BK8P shall be a violation of the Order ofConditions or Certificate � | of Compliance. |n the case ofobormwaterBMPa that are serving more than one lot, the � legally binding agreement shall also identify the lots that will be serviced by the sb/DVwgte[ 8N1Ps. 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]l 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 8tornlweterHandbnok. ^*umrmxao'rev 51`mmc Page owa 4 � � Massachusetts Department of Environmental Protection Provided by Mm »oep: Bureau nf Resource Protection - W 242 \��@O�S -1808 �� 0� �� Order � Conditions '— — ' ' L11 ��" ^� Form � — ~�� u `��KxU��K�� Massachusetts Wetlands Protection Act M.G.L. u. 131. §40 °oep Transaction# North Andover 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 inapeuUons, napoirn, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type ny material and the disposal |ocahon); 2. Make the maintenance log available hnKMonmDEP and the Conservation Commission ("Comnnisaion~) upon request; and 3. Allow members and agents nf the K8mnoDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP e$b3bUghgd 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, sbaha. and |uoo| |uwm and regulations. i\ Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited, j\ The stnrnlvvmter management system approved in the Order ofConditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. |\ Access for maintenance, repair, end/or replacement ofBKUPs shall not be withheld, Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 2O. For Test Projects mubiectto31OCK8R1O.O5(l1)` theopp|ioanishaUa|aoimp|amentthe monitoring plan and the restoration plan submitted with the Notice of|nhanL If the conservation commission or Department determines that the Test Project thneahanathe � public health, safety or the environment, the applicant shall implement the removal plan � submitted with the Notice of Intent or modify the project oodinenhodbytheonnsen/aUon commission nr the Department. � 4 � � � Massachusetts Department mf Environmental Protection Provided uymeeooep: Bureau of Resource Protection - Wetlands 242'18G8 �� K� �� n��| � Conditions ��s E� File�� mmn �� u �� ~� ~� ��nv�� " ��v�U�K�� Massachusetts Wetlands Protection Act M.G.L. c. 131` G40 voEp Transaction# ILI North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. |so municipal wetlands bylaw or ordinance applicable? E Yea Fl No 2. The North Andover hereby finds (check one that applies): Conservation Cornmissian u. El that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance gr bylaw, specifically: Thercfnne, work on this project may not qoforward un|aea and until revised Notice of Intent is submitted which provides [namouras vvh|oh are adequate to meet these etandurdm, and o final Order ofConditions is issued. b. 0thut the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection-Bylaw Chap. 180 l.Municipal Ordinance urBylaw et. seq. o. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of|utent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional nondiUonn, o#moh g text document): North A d Conservation C i i F| d| & SpecialC di i � � � °vaf"rm:*u 'rev man20z Page mwm 4 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands 18 242- 6 W''PA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �b—E ra LI nsaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 6 condition pursuant to General conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers 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 lirne to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. „14 aiuro / Pri rled Nam ? _... - 0 Signature Printed Name hA �_—... slgna r Printed Name � m Sign t re Printed Na � �. Signatre Panted Name - _ _._... ..._.._ _. ....... Signature Printed Name Signature Printed Name --._ ....... Signature Printed Name ❑ by hand delivery on by certified mail, return receipt requested, on Date.._. .._. Date......._ wpafarm5.doc-rev 6118/202.0 Page 11 of 13 � 4 � � � � � � Massachusetts Department mf Environmental Protection Provided uyMovoosp: � 242'1868 [�UFe8UOf ��esDU[ceF/[Ot8CtioD -VVetl2nds / �� ~�, m�mu�r'xv� �px �� n �� .� �� °nv�� o ��~�UoUons ILI Massachusetts Wetlands Protection Act K8.G.L. o. 131. §40 umspTmnmunuun# North Andover ity own, F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject bzthis Onder, or any ten residents of the oih/or town in which such land is |ooabad. � are hereby � ' � Superseding Order of Conditions. The request must bo made bv certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from � the date of issuance of this Order. A copy of the request shall atthe same time be sent by � certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding nooano the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the vveUende regulations /310 CW1R 10.08\. To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Actor regulations, the Department has nn appellate jurisdiction. "°mw"5.d*='rev nmoumo Page amm 4 � Massachusetts Department uf Environmental Protection Provided by Mumnep 24� 18O8 ��UnBaUOf ��e8OU[C8 ��R}fe{tiOD - �A�laOdG - �� Order � Conditions —_ass__ —' ��m ^� Form � �� w'�� u �~�� Massachusetts Wetlands Protection Act 0W.G.Lc. 131` G40 oDsp Transaction# ILI North Andover G. Recording Information Prior to cornmencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land Subject to the Order. In the case of registered land, this Order shall also ba noted on the Land Court Certificate nf Title o[ the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted tu the Conservation Commission listed below. North Andover Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -''�'-''--''-'�---'��'� � ---------- � �'''�---''-------------''-'' ' � ''��-------- To: North Andover Conservation Commission Please ba advised that the Order nf Conditions for the Project et 25 Gilman Lane 242-1868 roject Location MassDEP File Number Has been recorded stthe Registry of Deeds of: Northern Essex County Book Page for: ~ ~~Nicolas& S( L L Property Owner and has been noted hn the chain nf title of the affected property in: � � 18810 40 Book Page |n accordance with the Order cf Conditions issued on: � O7-D5-33 Date |f recorded land, the instrument number identifying this transaction is: |f registered land, the document number identifying this transaction is: "p"m'mxmo'rev nn00020 Page 13ww 25 Gilman Uiie #242-1868 Findings of Fact Current Project ject Site Conditions: The 1.02-acre project site currently consists of an existing single-family house constructed in 1982, with associated detached garage, septic system, driveway, deck, walkways, lawn, landscaping and utilities. The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan, and reviewed and confirmed as accurate by the Conservation Administrator. 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) (3 separate series) -Wetland Flags A]. - A17; 113 - 613; IC -4C (BVW series B & C were delineated by Norse Environmental; BVW series A delineated by unknown) b. 1-00-Foot Buffer Zone to BVW's c. The property does not lie within NHESP Priority Habitat d. The property does not lie within the 100-year floodplain e. There are no perennial streams within 200 feet of the property f. The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping. Previous Permit History: •00C, #242-113 - governed the subdivision, this Lot was issued a Partial CofC in 1982 •NOI, DEP #242-XXXX, 1996 - DENIAL-for a proposed addition within the 25' NDZ •RDA for inground pool - February 2023 - NACC allowed applicant to withdraw in order to have the other wetland systems delineated, which triggered this current NOI 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 plans, specifications or other proposals Submitted with the Notice of Intent, the conditions shall control, GEIVEIZAL CONDITIONS 21. The proposed work includes: construction of an 18' x 36' in-ground swimming pool with cartridge style filter system, associated patio, fencing, drywell and dewatering tank and equipment pad, removal of an existing concrete apron at the side of the garage and replace with a patio. Minor grading is proposed. Work is within existing lawn and landscaped areas, and within the 100' buffer zone to three BVW systems (A, 25 Gilman Lane 11242-1868 NACC Findings&Special Conditions Page I of 13 25 Gilman Laiie #242-1868 B & C series), but outside the 50' NBZ resulting in no waivers needed. Construction phase dewatering detail and location has been provided. An after- construction dewatering tank and drywell system aimed to intercept groundwater around the pool. 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: Nicolas &Stacy-Lee Ann Lunger 25 Gilman Lane North Andover, MA 01845 Wetland Consultant: Maureen Herald Norse Environmental Services, Inc. 92 Middlesex Road, Unit 4 Tyngsboro, MA 01879 Surveyor: Stephen M. Melesciuc, PLS 514 Gazebo Circle Reading, MA 01867 Site Plan: * "'Proposed Pool, Patio, Pergola" prepared, signed and stamped by Stephen M. Melesciuc, PLS, scale V'=20', revision dated May 30, 2023; e Revised Plan Letter - prepared by Norse Environmental, signed by Maureen Herald dated June 1.2, 2023; • Dewatering System(s) Detail Plan, prepared by Stephen M. Melesciuc, PLS Stamped received June 12, 2023; ® Soil Profile &Percolation Test Data dated March 21, 1981, stamped received June 12, 2023 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. 25 Gilman Lane 11242-1868 NACC Findings&Special conditions Page 2 of 13 25 Gilman Lane #242-1868 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 Welland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Sectioll 8.3) of the North Mclover Wetland 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 Enviroi-anental. 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-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appelldix F of the local Regtdatioiis). 25 Gilman Lane 11242-1868 NACC Findings&Special conditions Page 3 of 13 25 Gilman Lane #242-1868 33. The applicant-, homeowner their successors in title and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes, but are not limited to, house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA and must be reviewed under a separate application submitted to the Conservation Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said `Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37, No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds ininiediately 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 Linder the name of the owner of the land upon which the 25 Gilman Lane #242-1868 NACC Findings&Special Conditions Page 4 of 13 25 Gilman Lane #242-1868 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. 39. 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, own 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. 40. The proposed pool shall employ a cartridge style filter system (not a backwash system), and this specification shall survive beyond the issuance of a Certificate of Compliance. Specifications for the cartridge system shall be provided to the Conservation Department prior to sign off of the building permit. 41. 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 #242-1868." 42. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 43. It is the responsibility of the applicant, owner, and/or successor(s), and/or their agents or contractors to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 44. 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 25 Gilman Lane #242-1868 NACC Findings&Special Conditions Page 5 of 13 25 Gilivan Lane #242-1868 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. 45. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) backed by entrenched staked silt fence shall be properly installed between all construction areas and wetlands as shown on the plans approved and referenced herein and amended by this condition 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. 46. 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. 47. All construction phase dewatering BMP's shall be on site and installed in time for inspection at the pre-construction site visit with the Conservation Department. 48. The erosion controls shall serve as the limit of work - no other activities prior to, during or after the project may take place beyond this limit of work without additional review and approval by the NACC. 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. 49. The applicant shall designate a Wet-land 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 25 Gilman Lane 11242-1868 NACC Findings&Special Conditions Page 6 of 13 25 Gilman Lane #242-1868 matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be Visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 51. Prior to construction and in time for the pre-construction meeting, not less than ten (10) wetland markers, mounted on 4x4 pressure treated, or cedar posts or other weather resistant material shall be installed along the limit of the 25-foot no disturb zone. 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. 52. Prior to any work commencing on-site, the applicant (or their contractor) shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 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. 25 Gilman Lane H242-1868 NACC Findings&Special conditions Page 7 of 13 25 Gilman Lane #242-1868 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. 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). STORMWATER MANAGEMENT CONDITIONS -------------- 56. 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. 57. 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 25 Gilman Lane 1/242-1868 NACC Findings&Special conditions Page 8 of 13 25 Gilman Lane #242-1868 58. 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. 59. 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 Cornniission or its staff. 60. If, once installed, is exhibiting unstable conditions due to pressure from ground water, the applicant shall reappear before the NACC for a Modification to the Order for correcting that condition. If the Order is closed out with a Certificate of Compliance but the post-construction ground water dewatering system is failing to keep the pool in a stabilized condition in the future, the homeowner shall reappear before the NACC to properly permit the proposed corrective solution. This condition shall be on-going. 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 Is'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 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 outside the 100-Foot Buffer Zone or at a location and in a manner that will not result in erosion beyond the limit of work into the buffer zone or wetland. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 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 25 Gilman Lane #242-1868 NACC Findings&Special Conditions Page 9 of 13 25 Gihnan Lane #242-1868 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 69. 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 Wetland protection Bylaw, 70. 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. 71. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 72. There shall be no durnping 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, 73, Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion, This shall be done by 25 Gilman Lane 4242-1868 NACC Findings&Special conditions Page 10 of 93 25 Gilman Lane #242-1868 loaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved, 74. 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. 75. 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. 76. 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. 77. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance, c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded. Order of Conditions prior to purchasing their property, e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission, i. 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, 25 Gilman Lane #242-1868 NACC Findings&Special conditions Page 11 of 13 25 Gilnian Lane #242-1868 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 an disturbance of soils or vegetation. Any 78. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 1.00' 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); Any other work requires separate review and permit by NACC (Condition #33); Pool filtration system shall consist of cartridge style (no DE backwash) (Condition #40); Resource Area Markers (Condition #51); Discharge or spillage of pollutants (Condition #68); Prohibition of underground fuels (Condition #69) Limitations on the use of fertilizers, herbicides., sodium based de-icing compounds and pesticides (Conditions #70 & 71); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #72). Prohibition of the use of coal tar based products for paving (Condition #74); Pool water management (Condition #75). 25 Gilman Lane #242-1868 NACC Findings&Special conditions Page 12 of 13 25 Gilman Lane #242-1868 APPENDIX A- AFFIDAVIT 11--............. on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the (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 of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by PEP 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—day of 1.9-................ (Signature-authorized agent of applicant or owner) 25 Gilman Lain; #242-1868 NACC Fhidins&Special Conditions Page 13 of 13