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Home My WebLink About242-1807, 108 Rosemont Drive AOOC - Permits #242-1807 - 108 ROSEMONT DRIVE 7/5/2023 � 4 � � Massachusetts Department of Environmental Protection Provided byMoenoep: Bureau of Resource Protection - WetlGUds 242-1807Amendod 0OC �� .�. m�u �� Form ~^ -- ��uvm�� x ��K��K�Uons mmnsoeprue# Massachusetts Wetlands Protection Act K8.E).Lc. 131, G40 NodhAndnver City/Town A. General Information Please note: North Andover this form has 1. From: been modified .6 ~'~~`~ ~^~~' '~~~^ with added 1 This �ouonce � for ^p�vm a El Order b �8Amended Order ofConddiona accommodate (check one): � �� the Registry of Deeds 1To: Applicant: Requirements Kalpana Shetty a. First Name b,Last Name Important: When filling out forms un o.onganizauuo the 108 Rosemont Drive computer, use only the `. Mailing Address tab key to North Andover MA 01845 move your o. City/Town f.a\ate 0.Zip Code cursor'oo not use the 4. Property Owner U�di�erenthnmapp|i�anU: return key. ' ' a, First Name b. Last Name c.Organization e.City/Town f.State 9.Zip Code 5. ProjectLouaUon: 1O8 Rosemont Drive North Andover a,Street Address b.City/Town Map 98B Lot31 o.Assessors Map/Plat Number U.Parcel/Lot Number vMafonwo='rev nn8/2,m Page I ofm \ | 4 � Massachusetts Department of Environmental Protection Provided by MassDEP: � � Bureau Of Resource Protection - Wetlands 242-1OO7Amended O�C �� Conditions ��" ^� Form � '� ��nx"�� n ~��K��m��n�� Massachusetts Wetlands Protection Act KA.G.L. c. 131. 64O eDEP Transaction North Andover own Latitude and Longitude. if known: 42d60nn2678 s -71d10m2255m d.Latitude a, Longitude A. General Information (cont.) 0. Property recorded atthe Registry nf Deeds for(attach additional information ifmore than one parcel): Northern Essex a.County b. Certificate Number(if registered land) 04903 3 February 2021 April 2O21 May 2021 7 �o��n� ' ' ' � � AmendmeotO5-24-23 AmendmentO8-14-23 Amendment07'U5'23 8. Final Approved Plans �odOther Documents (attach additional plan or document references as needed): Plan to Accompany Notice of Intent a. Plan Title GA Consultants, Inc. John Hargreaves, Jr. b. Prepared By c.Signed and Stamped by Annotated by Seekamp Env. May 2023 111=20' d. Final Revision Date e. Scale B, Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a �� Public � �l Land «� �� Prevention of � ~~ � �~ Pollution d � ph��V��rGu�p|y n� � Fisheries [ �� Protection of � �� Wildlife Habitat Q. E Groundwater Supply h� Storm Damage Prevention i E Flood Control 2. This Commission hereby finds the project, espvopooed, ia: (choohoneoftbe8o||mmngboxea) Approved subject to: a. 0 the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. "r"wrny doc'rev 511w/mo Page zn/1» � 4 � � Massachusetts Department of Environmental Protection Provided hyMmsoEp: 18O7An��nd�d �3UP8@UDf [�8SOU[cB Protection - VyetlGDdG 242' DOO �� Order � �� ~�. �wn �� Form ~^ ~� �� n ��"�U�Uons ILI Massachusetts Wetlands Protection Act K8.G.L. c. 131, §40 North Andover Cityfrown B. Findings /OOOt.\ Denied because: b. El the proposed work cannot be conditioned to meet the performance standards set forth |n the wetland regulations. Therefore, work on this project moynntgnhonwmrduo|esnmnd 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 tuthis Order. n. El 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 o 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 per81O CK8R 10.05(6)/o\. 3. 0 Buffer Zone Impacts: Shortest distance between limit ofproject 85' 88' disturbance and the wetland resource area specified in 310 CMR 1 0.02(l)(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 Bonk� �� a. linear feet-- -6-ji��-r-feet-- c_m"ep,feet-- \[Tm,ar feet �� o. Fl Bordering Vegetated Wetland a.square feet b.square feet u.square feet d.square feet s. El Land Under VVaterbod|enmnd u.square feet b.square feet o.square feet d.square feet Waterways r. Fl Bordering Land Subject toFlooding o.square feet b.square feet o.square feet d7uquare&�t"-- Cubic Feet Flood Storage e.cubic feet— f,cubic feet— g.cubic feet x:-cummet— 8. [:1 Isolated Land Subject toFlooding m square feet b7oquavahaot Cubic Feet Flood Storage -- o.�b��-- d�u��9�t-- e�u��-- ��i��--- 9. El Riverf/ontArea a.total sq.feet b.toW sq.feet 0qftwithin 100k c.square feet d.square feet e.square feet f.square feet w=*,"*^="^rev m1vomn Page o"/1n 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1807 Amended C WPA Form 5 — Order of Conditions 00MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .e DEP Tr an,sact,i on# North Andover CityfTown Sq ft between 100- 200 ft g.square feet- h—square feet i.square feet j.square feet B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lo. 171 Designated Port Indicate size under Land Under the Ocean, below Areas 11. 1771 Land Under the Ocean a.square feet b.square feet G.c/y dredged d.c/y dredged 12. F] Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13, [J Coastal Beaches cu yd cu yd a.square feet b,square—feet -c.nourishment d.nourishment 14. [1 Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. El Coastal Banks a.linear feet b. linear feet 16. 171 Rocky Intertidal Shores a.square feet b.square feet 17. [:] Salt Marshes a.square feetsquare feet c.square feet d.square feet 18, 1771 Land Under Salt Ponds a.square feet b.square feet . ........-- d - c.c/y dredged c/y dredged ig. F1 Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. El 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. 171 Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. El 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 wpaform5.doc-rev 511812020 Page 4 of 13 / 4 Massachusetts Department mf Environmental Protection Provided uyMassoEp: Bureau of Resource Protection ' Wetlands 242-1807Amended OOC � ��A F��r�� 5 ~~ ��rder ��f ^��nd~t~��ns M��#--- � Massachusetts Wetlands Protection Act K8.G.LC. 131. §40 North Andover Sq0 between 1OO- | 200h g.equore ieot iequomf ea j.aqumref eoI B. Findings (cont.) � ~#23, Vthe � � Restoration/Enhancement p�u��r ^� the purpose vf restoring or enhancing a.square feet—~-`` ~.square feet~salt marsh wetland` 24 � stream �roaaing(m\' resource area � �l� ` '� m addition(o 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 o,5.c (BVVV)or The following conditions are only applicable fo Approved projects. BJT«(SaK Marsh)above, 1� Failure to comply with all conditions shebad herein, and with all related statutes and other � please enter � the additional regulatory meeeureo, shall be deemed cause to revoke or modify this Onjor. � amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury toprivabapnopedxorinvasionofprivebahghte. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, ehete, 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 mfthe following apply: a. The work is m 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 in intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth aso special condition in this Order. c. |f the work io for u Test Project, thio ()rdarofCnnditionsaha|| bevo|idfornomorothan 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 mayboexb*mdad [nrnno additional year only upon written application bythe applicant, subject bo the provisions of310 CN1R1Q.O5M1Xft 8. If this Order constitutes on Amended Order ofConditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 08-09-25 unless extended in writing by the Department, 7. Any fill used in connection with this project shoUbmo|eanfiU. AnyfiUsheHnontainnnhoah' refuse, rubbish, or debris, including but not limited to |umUer, bricks, plaster, vWna, |ath, peper, cardboard, pipe, hraa, amhea, refrigerators, motor vehio|eo, or parts of any of the foregoing. Yipax"rnz*oc'rev 51/oo02n Page*am � 4 � � � � i Massachusetts Department of Environmental Protection Provided uyMo aoep: Bureau of Resource Protection - Wetlands 242-18Q7Amonded � O0C �� Order � Conditions mwu �� Form ~� -- ��v�«�� . ��^��ons Massachusetts Wetlands Protection Act M.G.L. u. 181. §4U North Andover � C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order io not final until all administrative appeal periods from this Order have e|apoed, 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 of Deeds or the Land Court for the district in which the land is |ooated, within the chain of title of the affected property. In the case of recorded land, the Final Order nhe|| 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 nmoe of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of DeeUs, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department ofEnvironmental ProtacUon" [or. WassDEP''] "File Number 242'1807 " 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 K8eeoDEP. 12� Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form OA) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing ofa new Notice ofIntent. 15. The Agent o,members of the Conservation Commission and the Department nf Environmental Protection shall have the right tV enter and inspect the area subject hnthis 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 hothis Order and to any contractor or other person performing work conditioned by this Order. °p"x"°o.uo"'rev e1ezmo Page pm1x | � 4 � � � � Massachusetts Department of Environmental Protection Provided hymuomoEp: � Bureau Of Resource Protection - VVeU 242-1807Amemdad8D�� 00C �� o� ��^�~ �nn �� Form =° �� u �� o ��^�K�Uons ILI Massachusetts Wetlands Protection Act k8.G.L. c. 131. §40 North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start nfwork, and if the project invo|veovvorkadiacentboaBordedmgVegetotad Wetland, the boundary of the wetiand in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the"Project") (1) 171 is subject k)the Massachusetts Sh>rmvvabarStandards (2) E im NOT subject tV the Massachusetts Sb/rmvvaherStandards !f the work in subject tp the Storrnm/mtwr Standards, then the project issub|ecttothe following conditions: a> All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period Pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit os required byGturmwmbe,Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BW1Ps) eho|| remain in place until the site in fully stabilized. b) Nostorn)wohar runoff may be discharged to the post-construction mk>rn1wxsher BK8Ps unless and until a Registered Professional Engineer provides a Certification that: i all construction period BMPa have been removed o/will be removed byadate certain specified in the Certification. For any construction period 8K4Pm intended tnbeconverted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped |n inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Eng|nmer, certifying the site im fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements ofStormwoterStandard 10; 4 � Massachusetts Department wf Environmental Protection Provided uvMaeooep: � Bureau Of Resource Protection - Wetlands 242-1807Anlended OOC �� Order � Conditions ��n r� Form =" —~ ��^�� o ��K��U�Dons -- Massachusetts Wetlands Protection Act M.G.L. o. 131. G40 North Andover Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) � ` ' � h/ all post-construction abrrnmvvater BK8Ps are installed in accordance with the plans � (including all planting plans) approved by the issuing authorih/, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs, is suitably established to withstand erosion. c\ The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting u Certificate ofCompliance, or Partial Certificate ofCompliance, 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 Shormwator BN1Pa identifying the party responsible for implementing thontnrnnvveier BK8P Operation and K8o|nbenmnue Plan ("O&M Plan") and certifying the following: i) the 0&R8 Plan is o0[Dp|ehg and will be implemented upon receipt ofthe Certificate of Compliance, and ii) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement theStormvvaher Pollution Prevention Plan. U) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Shzrnmvvmher Report and, if applicable, the Stornnwetar Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e\ Unless and until another party accepts responsibility, the landowner, or owner of any drainage eosonment, assumes responsibility for maintaining each BK8P. To overcome this presumption, the landowner of the property Must Submit to the issuing authority a legally binding agreement ofrecord, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18/k\mith respect to that BKAP. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f) through 18/k>with respect to that BN1P shall bea violation of the Order nf Conditions orCertificate of Compliance. |n the case ofsk>rmwaharBMPsthat are serving more than one lot, the legally binding agreement shall also identify the lots that will bo serviced by the abormwobsr 8K8Po. 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. D 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 GtnrmvwaharHaodbook. � 4 � Massachusetts Department of Environmental Protection Provided byMo»«DsP: Bureau of Resource Protection - Wetlands 242-18O7Amanded O()C | WPA Form 5 _ Order of Conditions � Massachusetts Wetlands Protection Act K0.G.Lo. 131, §40 North AndoverCityrFown � � C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) � oA The responsible party shall: 1. Maintain on operation and maintenance log for the last three CDconsecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal |ncetion); 2. Make the maintenance log available tnK8ansDEP and the Conservation Commission ("Conmmieaion") upon request; and 3. Allow members and agents of the K8maaDEPand the Commission bo enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BN1P established in the OQK4 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 b)the gtornlVvater management system as defined in 310 CW1R 10.04 are prohibited. j> The otormxvmtermanagement system approved in the Order of Conditions shall not be changed without the prior written approval nf 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, and/or replacement of BMPs shall not be withheld. Any fencing constructed around atnrmw/oterBK8Po shall include access gates and shall be et least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subiactto310CyWR10.05M1l. thaapp|imentahoUa|ooimp|mmentthe monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan Submitted with the Notice nf Intent or modify the project aaUioaobedbytheoonsemation commission or the Department. � i 4 � | Massachusetts Department mf Environmental Protection Provided hyMmmoEp: � Bureau Of Resource PPOtOCƒiOD - \8/8fl@Dds 242-i8O7Amended OOC �� Order � Conditions � ��. m� Form � �� u `��U�Uons � Massachusetts Wetlands Protection Act W1.G.L. C. 131. G4U North Andover ityfTown --------------- D, Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw orordinance applicable? Z Yes El No 2. The NodhAnUover hereby finds (check one that app|ien): o. F] that the proposed work cannot be conditioned to meet the standards set forth in a nnunicipa| ordinance or bylaw, specifically: unicipal Ordinance or Bylaw 2]Citamon��- Thereho,e. work on this project may not go forward unless and until a revised Notice of Intent is Submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions inissued. h. Z that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection B | & Regulations ChapL19O 1.Municipal Ordinance nrBylaw ecmeq 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Amended DOC Findings& Special Conditions (see attached) °p,*�5r*=^rev nowmu Page mm10 ) � 4 Massachusetts Department mf Environmental Protection Provided»ymaeu7Ep Bureau Of Resource Protection - Wet 24Xl8O7�@D�� - �� K� �� r� � Conditions --'-- File��o �� Form ~v -- ��un�� K�� v��u��K�� Massachusetts Wetlands Protection Act K8.G.L. c. 131. §4O 'a��P��n�cVoo# North Andover Cityfrown E. S~gnatures This Order iu valid for three years, unless otherwise specified mouspecial condition pursuant Vo General Conditions#4. from the date ufissuance. 1 o[ suance Please indicate the number ofmumbam who wiUsign this form. This Order must be signed byam�ohtyof the ConoewaUonCommission. �� Mumh��.f 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 time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically,and the property owner, if different from applicant. � gr Signature Printed Name Signature' Printed Name Signature Printed Name ignature Printed Name Fl bv hand delivery on by certified moi[ n*hunnreoeipt � requested, uo0e Date � °vm"'m5.00"'rev m1uumv Page 1,°/,a � 4 | � � � � Massachusetts Department Vf Environmental Protection Provided hyMunooep: Bureau of Resource Protection - Wetlands 242-18O7Amendod O[)C �� Order � �� .*~ L( I ��o m� Form � — v�� n ~��vUuUons Massachusetts Wetlands Protection Act M.G.Ln. 131, §4O North Andover F. Appeals The applicant, the owner, any person aggrieved bv this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Fornn, as provided in 310(|K8R 10.03(7) within ten business days from the date of issuance of this Order, A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Cnmnnisnioo prior to the close uf the public hearing, requesting aSuperseding Order, orproviding written information bo the Department prior to issuance cf a8upereeding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (31OCK8R10.00). To the extent that the Order |e based onamunicipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. / � 4 � � � � � Massachusetts Department of Environmental Protection Provided hymausmEp: � Bureau of Resource Protection - Wetlands 242-1807Amended . 0OC �� Order � �� .�~ ��u o� Form � — m��^u�� " ~��0�Uons Massachusetts Wetlands Protection Act K8.G.L. o. 131. @4O � ^ � North Andover ityrrown G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case nfrecorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions, The recording information on this page shall be submitted to the Conservation Commission listed below, North Andover Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - '�'''-'' '�--- �'' � ' ' �'�' ' ' �' -'�' ��'� �'----'-'�'�--'--'''-''-'�--- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project ed: 1U8Ru�emontDhve 242-1807 Has been recorded zd the Registry of Deeds of: N.ER.O. | Shetty for `~ and has been noted in the chain of title of the affected property in: 04903 3 Book page |n accordance with the Order of Conditions issued on: KA 4 2O21; Amended O<]C issued onO7O523 Date If recorded land, the instrument number identifying this transaction is: instrument Number |f registered land, the document number identifying this transaction is: .......... ,p=wrmo*='rev anvomo Page mwm 4 L'"11111w Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1807 Amended 0C WPA Form 5 ® Order of Conditions 0 MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L11 eDEP Transaction# North Andover City/Town Signature of Applicant wpaform5.doc-rev 5/18/2020 Page 14 of 13 1.08 Rosemont Drive- DEP FILE # 242- 1807 AMENDED ORDER OF CONDITIONS Findings of Fact Current Project Site Conditions: The .65-acre project site currently consists of an existing single-family house constructed in 1.993, associated driveway, lawn, landscaping and utilities. The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Wetland - Wetland Flags AI-A7 b. 100-Foot Buffer Zone to BVW c. The property does not lie within NHESP Priority Habitat d. The property does not lie within the 100-year floodplain e. The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping. 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. 17GENERAL CONDITIONS 21. The proposed work includes: removal of an existing set of rear stairs, and construction of a 16x20 sunroom addition with associated exterior stairs and landing at the rear of the house. Sunroom to be supported by concrete footings. Work is within the existing lawn and will be - 85 feet from the edge of BVW at its closest point. AMENDED SCOPE OF WORK: The construction is completed but the addition ended up being smaller than anticipated. This amendment seeks a 12' x 20' extension to the original approved addition, to be parallel with the existing house and in line with the approved addition. The new addition will be - 88from the resource area at the closest point, within existing lawn. There is an existing retaining wall with a -5' drop in grade over which the expansion will extend, which will not be touched and a fence that will be cut back to accommodate the expansion. The new addition to be supported by nine (9) Helix posts and 6" posts, totaling approximately 9 sq. ft. of ground disturbance, crushed stone will be placed under the new structure and lattice enclosed at bottom. 108 Rosemont Drive DEP File 4242-1807 NACC AMENDED Findings&Special conditions Page 1 of 13 108 Rosemont Drive - DEP FILE 4 242— 1807 AMENDED ORDER OF CONDITIONS 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Kalpana Shetty 108 Rosemont Drive North Andover, MA 01845 Wetland Consultant: Michael Seekamp Seekamp Environmental Consulting, Inc. 129 Rout 125 Kingston, NH 03848 Contractor. Represenative: Tom Bloch Morgan Exteriors 78 Londonderry Tnpk 1--lookset, NH Site Plan: 0 "Plan to Accompany Notice of Intent" prepared by GA Consultants Inc., signed and stamped by John Hargreaves,Jr., scale 1"=20' final revision dated April 7, 2021. Amended Approved Plans &Documents: • Amendment Request and Project Narrative for Kalpana Shetty, with associated attachments,abutter list and notification,prepared by Seekamp Environmental, stamped received May 24, 2023 • "Plan to Accompany Notice of Intent" prepared by GA Consultants Inc., signed and stamped by John Hargreaves,Jr., scale 1"=20' final revision dated April 7, 2021 - Annotated by Seekamp Environmental to show proposed increased addition May 2023. • Addition specifications and renderings 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. 108 Rosemont Drive DrAl File#242-1807 NACCAMENDED Findings chi Special Conditions Page 2 of 13 108 Roseniont Drive - DEP FILE # 242— 1807 AMENDED O1U)ER OF CONDITIONS 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 1.0,00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty _ days (30) prior to the expiration date of the Order (Refer to Section, 8.3) of the North Andover Wetland Regtilations). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wet-land 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 Section3.4 &Appendix: Foftyre local Regidations). 108 Rosemont Drive DEP l`jlc#242-1807 NACC AMENDED Findings&Special conditions Page 3 of'13 108 Rosemont Drive - DEP FILE #242 — 1807 AMENDED ORDER OF CONDITIONS 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed 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 darnage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. "PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded, in its 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. 38. A check payable to the Town of North Andover shall be provided in the amount of one thousand dollars $1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North 108 Rosemont Drive DFI Pile#242-1807 NACC AMENDED Findings&Special conditions Page 4 of]3 108 Rosemont Drive - DEP FILE 9 242— 1807 AMENDED ORDER OF CONDITIONS Andover Town "Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and `Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 39. 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 "Massachusetts DEP, File Number 242-1807." 40. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Wetland flagging on site shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 43. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall be properly installed between all construction areas and wetlands as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. 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, 108 Rosemont Drive DEP File 4242-1807 NACC AMENDED Findings&Special conditions Page 5 of 13 108 Roseinoilit Drive - DEP FILE # 242— 1807 AMENDED ORDER OF CONDITIONS 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. 44. 'Ihe applicant/contractor shall have on hand at the start of any soil disturbance, removal or stockpiling, additional 25 feet of mulch sock and sufficient stakes for staking covered fr€m.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, 45. 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. 46. The existing catch basins in the driveway and rear yard shall receive silt sack protection and said protection shall remain until all areas have been stabilized post construction. 47. 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. 48. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit-a written report with photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 108 Rosemont Drive DEP File 11242-1807 NACC AMENDED Findings&Special conditions Page 6 of 13 108 Roseinont Drive - DEP FILE # 242— 1807 AMENDED ORDER OF CONDITIONS 49. Prior to construction, the applicant shall install wetland markers on mature trees along the edge of tree line at 25-foot intervals. 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 ($2 for round, $3 for square). 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. 50. Prior to any work con-miencing on-site, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 51. 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. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, 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 108 Rosemont Drive DEP File#242-1807 NACC AMENDED Findings&Special conditions Page 7 of 13 108 Rosemont Drive - DEP FILE # 242 — 1.807 AMENDED ORDER OF CONDITIONS permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 56. IMPORTANT: Immediately upon completion of installing the garage foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. [Failure to comply may result in a stop work order for the site.] 57. 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. 58. Should de-watering activities be anticipated or prove necessary, means and methods shall be reviewed and approved by the Conservation Department and shall be proposed outside the 1.00-Foot Buffer Zone, 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 108 Rosemont Drive DEP File#242-1807 NACC AMENDED Findings&Special conditions Page 8 of 13 108 Rosellnotit Drive - DEP FILE 9 242— 1807 AMENDED ORDER OF CONDITIONS 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. 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 ori& or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch bay 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. 61. 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. 62. 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. 63. The construction access and all materials stockpiling area is proposed outside the 1.00- Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 64. 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 BVW. 108 Rosemont Drive DEP File#242-1807 NACC AMENDED I,'iiidijigs&SI)ecia[Conditions Page 9 of 13 108 Rosemont Drive- DEP FILE # 242— 1807 AMENDED ORDER OF CONDITIONS 65. 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. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67. 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 Is 1'llgllll;glmmm�� 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (1.00) feet of any wetland resource area. This condition shall Survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 69. 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 tinder the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 70. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 71. 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. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 73. 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 108 Rosemont Drive DE11 File 0242-1807 NACC AMENDED Findings&Special conditions Page 10 of 13 108 Rosemont Drive - DEP FILE # 242- 1807 AMENDED ORDER OF CONDITIONS (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. 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. 75. 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 Conu-nission. 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 & storrnwater 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 anv disturbance of soils or vegetation. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 108 Rosemont Drive DEP File#242-1807 NA('CANIENI)EI)Findings&Sl)ccialConditions Page 11 of 13 108 Rosemont Drive- DEP FILE # 242 — 1807 AMENDED ORDER OF CONDITIONS 25' No-Disturbarice Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established -under the local Bylaw (Condition #32); Resource Area Markers (Condition #49); Discharge or spillage of pollutants (Condition #67); Prohibition of underground fuels (Condition #68); Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #69 & 70); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #71). Prohibition of the use of coal tar based products for paving (Condition #73). 108 Rosemont Drive DEP File 112,12-1807 NACC AMENDED Findings&Special Conditions Page 12 of 13 1.08 Rosemont Drive - DEP FILE # 242— 1807 AMENDED ORDER OF CONDITIONS APPENDIX A -AFFIDAVIT 11-...........-------- ---------- --on oath(to hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC mmiber) 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 tip by (DEP or NACC number) the North Andover Conservation Commission. ission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this—day of 19 1 inspected said property together with any and all 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 Condit-ions (DEP File#) Signed under the pains and penalties of perjury this—(lay of 20................ (Signature-authorized agent of applicant or owner) 108 Rosemont Drive DID File#242-1807 NACC AMENDED Findings&Special Conditions Page 13 of 13