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Home My WebLink About242-1873, 84 Candlestick Road OOC - Permits #242-1873 - 84 CANDLESTICK ROAD 9/25/2023 � 4 � Massachusetts Department#f Environmental Protection Provided byMaomDsP: Bureau of Resource Protection - WetlaDds 242'1873 �� Order � Conditions m�o ^� Form � — `�� o ��U�Uons Massachusetts Wetlands Protection Act K8.G.L. c. 131. 840 noep Transaction# North Andover CityrFown A~ General Information Please note: North Andover this form has 1. From: been modified Conservation Commission with added 2Th� � fo r space to a �� [)n1erofCond�ons b ��Anlended (}rderof{�nnditinnn accommodate (check one): � ~° �� the Registry of Deeds 3. To: Applicant: Requirements Patricia & Douglas Yates a. First Name b. Last Name Important: When filling out forms on c.ungan|smmo the 84 Candlestick Road computer, use only the ~.Mailing Address tab key m North Andover MA 01845 move your o,uty/mwn /.xmm q.Zip Code cursor'o* not use the 4. Property Owner(if different from epp|ioonO: return key. VQ a.First Name b. Last Name c.Organization Mailing Address 5. ProjectLooaUon: 84 Candlestick Road North Andover a.Street Address b.Cityfrown [Wo 106A Lot9@ Latitude and Longitude, ifknown: 42d05no355a -71d06nm300s 4 Massachusetts Department of Environmental Protection Provided»yMaoaoep: Bureau of Resource P[OteCfiOO - Wetl8Dds 242-1873 �� Order � Conditions �mu ^� Form � — ~�� x `��^��Uons Massachusetts Wetlands Protection Act K4.G.L. o. 131' §40 moEp Transaction# North Andover city/Town A. General Information (OUDt.) 6, Property recorded sd the Registry nf Deeds for(attach additional information |f more than one parcel): NothernEooex a.County b.Certificate Number(if registered land) 4467 74 c.Book d. Page August 2O23 Gg � b 13 2023 September 7 D�b�� ' � � m.OahalloWmnf|ntentFi|na h. Date Public Hearing Closed 2023 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land in NodhAndove MA84 Candlestick Road The Morin-Cameron Grou | William A. Sohkuta PE pa c.Signed and Stamped by September 1 2023 1"=20' inal Revision Date e.Scale See Attached List nf All A rovedPR Docs and Plans f.Additional Plan or Document Title g, Date B. Findings 1. Findings pursuant hz the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and booed 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: m �g Public b Fl Land c. 9p[e»e»hun «f � �� Pollution d �� Private u �� Fkyhar�o [ 0 Protection of � �� Wildlife Habitat g. 0 Groundwater Supply h. Storm Damage Prevention i. 0 Flood Control 2. This Commission hereby finds the project, uapropoagd. |g: (ohecknnaofthgfo||mwingboxaa) Approved subject to: o. N 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. .="m,mo»o"`rev w1wumv Page u"/m 4 Massachusetts Department uf Environmental Protection Provided by M«mmoEp: 24� 1D73 Bureau of Resource Protection - Wetlands - �� K� �� Order � Conditions — ' ' ' �mx �� Form ~� ~~ �� n ��v�U^OK�� Massachusetts Wetlands Protection Act M.G.L. u. 131, §40 eDEpTranxnmivo# North Andover B. Findings (cont.) Denied because: b. El the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project nnaynotgofomvenjun|essenU 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 isissued. A description of the performance standards which the proposed work cannot meet is attached to this Order. n [l the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not Uoforward unless and until 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 per31O CK8R 10.05(6)(c). J. 0 Buffer Zone Impacts: Shortest distance between limit ofproject 41` disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) ajme*feet Inland ReeVumxm Area Impacts: Check all that apply below, (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4 Bank � Fl�� jineav feet —' b.linear 7eeJ-- c-linear feet -- d.xp°ar feet�- a. El Bordering Vegetated Wetland a.oq«m«*feet b.mquare '�fe C.square feet d.square feet «� El Land Under VVaterbodies and a.square feet |b.square feet � ----' Waterways T Fl Bordering Land Subject toFlooding m.square feet b.square feet o.square feet ' d.square feet Cubic Feet Flood Storage ��6mm��-- ��-- h_rubic feet-- 8� F-1 Isolated Land Subject toFlooding o.square feet b.square feet Cubic Feet Flood Storage ��— ��- ��m�� [�6��- 9. El Riverfront Area a.total sq.feet b,total sq.feet Sqftwithin 100ft c.square feet d.square feet e.square feet f. square feet Sqft between 1O0- 2O0h V.square feet h.square feet L square feet j.square feet ~n.m,mu*m'rev 51,vomo Page o"//o 4 Massachusetts Department of Environmental protection Provided bymm omep: Bureau UfResource Protection - Wetlands 242-1873 �� Order � Conditions mnn �� Form �^ �� v�� " ��v��^Uons Massachusetts Wetlands Protection Act W1.G.L. o. 131. &40 eospT,anaomiun# North Andover B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1O Designated � �[l� Indicate size under Land Under the Ocean below Areas ' 11� El Land Under the {)neon a.square feet square feet 12 Indicate size under C�oantm| Beaches and/or Coastal Dunes � ��l� Barrier Beaches below 13 �l ��e�tn| Bm�ohoo _____�L�!- � �� a.square feet u.square feet o.nourishment d.nourishment 14. El Coastal Dunes uo yd ^" square yd a. . 15 �] Coe�ba| D�nko� �.n��r��-- �]inear feet —' 16. Fl Rocky Intertidal Shores a.square feet b.square feet 17. Fl Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. Fl Land Under Salt Ponds u square feet b.square feet 1V. n Land Containing Shellfish u.square feet 67ml6anah*11 et u.square feet d.uquomfeet 20. Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under VVaharbodiesand Waterways, above a.c/y dredged -b�redged 21, Land Subject to Coastal Stn,rn a.square feet b,square feet Flowage oo, El RivorhontAreu a.total sq.feet b.total sq.feet Sqftwithin 108ft c.square feet d.square feet e.square feet f.square feet Gqft between 100- 200ft g.square feet h.square feet i square feet |.square feet °**m'mo.uoc'rev mom02o Page*"/,u 4 Massachusetts Department of Environmental Protection Provided by MassoEP: Bureau of Resource Protection - Wetlands 242-1873 �� Conditions m�n �� Form .� �� ~o ^w�� " ��v��ons Massachusetts Wetlands Protection Act M.G.L. �. 131' �4O emewTmnououvno NorthAndovmr ----------------------- B. Findings (cont.) ^#u3.|fthe zJ Restoration/Enhancement pn4actimfor � �[l~ the purpose of restoring or enhancing ~.square feet~^~``` ~.square feet~'salt marsh wetland resource area 24, [1 Stream CrosninQ(s): |o addition m the square --------- footagethat a.ouumu/ vx new an m pp � = m vamuvxxoo "� wvwvv/ /" """ °nxv, °mvv"mo" was been C. General Conditions Under Massachusetts Wetlands Protection Act entered in 8actiono,5.o (eVVV)o/ e17.o(GuK The following conditions are only applicable bm Approved projects. Marsh)above, 1. 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 to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury toprivahepropedYorinvasinnnfprivater|Ohte. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, atotm. or local etotubam, ondinonoos, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either ofthe following apply: a. The work is m maintenance dredging project as provided for in the Act; or h. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth an m special condition in this Order. c |f the work ie for a Test Project, this0rdorofCondihonemha|lbeva|idfornomorethan one year, 5. This Order may be extended by the issuing authority for one or more periods Of Lip 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 e Test Project moyboexhsndedforone additional year only upon written application by the applicant, subject to the provisions of 310 CKAR 1U5(11)ft 0. 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 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be daon fill. Any fill shall contain no tnash, n»huoe, rubbieh, or debris, including but not limited to |unober, bricks, plaster, wire, lath, paper, cardboard, pipe. Unam. ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wmm'm6mm'rev 511oumo Page:",,n 4 � � � � � Massachusetts Department of Environmental Protection Provided uymaneoE+: Bureau DfResource P[OtectioO - Wetl@Ods 242-1873 �� n� «�~�~ ��u �� n �� ~� ~� ��nv�� m ��v��^�ons Massachusetts Wetlands Protection Act K8.G.L. u. 131. §40 moepTnanuum.nn# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order innot final until all administrative appeal periods from this Order have elapsed, or if such on appeal has been token, until all proceedings before the Department have been completed. 0. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon vvhloh 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 ofthe owner of the land upon which the proposed work |o done. The recording information shall he submitted h»the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, 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 |n size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1873 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 KAoeeDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form 8A) b/the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change tn the plans identified in Condition #13above shall require the applicant ho inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of new Notice of Intent. 15. The Agent Vr members of the Conservation Commission and the Department of � Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions obohed in this Order, and may require the submittal of any data deemed necessary bythe Conservation � Commission or Department for that evaluation. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. ~n°m,=a«""'rev u"momo Page vm10 � 4 � Massachusetts Department of Environmental Protection Provided by Moe mep: Bureau of Resource Protection 'Wetlands 242'1873 File# �� 0� W� Order � Conditions � xX^*~ ��a EP ��" m� Form�� ~� ,�� u `��u�� Massachusetts Wetlands Protection Act K8.G.LC131. §4O aospTmnmauuonw North Andover Cityfrowri C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start ofwork, and if the project invn|vesvvnrkodiaoentbna Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. Atnu time shall sediments be deposited in a wetland or water body, During construction, the applicant or his/her designee shall inspect the erosion controls ona 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) El in subject to the Massachusetts StormwobarStandards (2) M |g NOT subject b) the Massachusetts Sh)rmvvoterStandards |f the work is subject to the 8twrmnxvmter Standards, then the project |amub|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 aa required bv8h)rrnvpaha,Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (8K8Ps) aboU remain in place until the site i«fully stabilized. b\ No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BK8Pa intended tobeconverted 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 in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered � Professional Engineer, certifying the site is fully stabilized; � iii. any illicit discharges to the stormwater management system have been removed, as per the requirements ofGhornmvvaterStandard 10; ~*af==o»°=''ev 511812020 Page r",1u 4 K0aasachumntts Department uf Environmental Protection Provided hywwommsp 2421873 Bureau OfResource Protection - Wetlands - �� 0� �� Order � Conditions ----- File��m �� Form � — "�� u ��K�� Massachusetts Wetlands Protection Act W1.G.Lc. 191. §40 *uEP Transaction# North Andover ciii/f own C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction shormwmharByNPeare installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Codifioob* 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 ("{}&K4 Statement) for the Gtormwahar BPNPu identifying the party responsible for implementing the otorn1wabar RN1P Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Shnrnlwnhar Pollution Prevention Plan. d\ Post-construction pollution prevention and Source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Storrnwater 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 easement, 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 nfrecord, acceptable tothe 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 nfConditions 18(0tbrough 18(k)vvith respect hu that ByWP. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance, |n the case ofehurmvvaterBK8Ps that are serving more than one lot, the |ugo||y binding agreement shall also identify the |utn that will he serviced by thomturnnvvoter BN1Ps. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding � agreement. � f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts 0h)rmmmbyr Handbook. 4 Massachusetts Department of Environmental Protection pm'mau bymo emEp: Bureau 0f Resource Protection - Wetlands 243-1873 �� Order � d� ��^�^ n�" �� Form "� -- ��v�� n ��K��v��ons Massachusetts Wetlands Protection Act M.G.L. u. 131. G40 mosP Transaction# North Andover cityrrown C. G)neral Conditions Under Massachusetts Wetlands Protection Act (coDt.) g> The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type nf material and the disposal |ooaUon); 2. Make the maintenance log available toK0oaaDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MoosDEP and the Commission hn enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h> All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. 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 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): 20. For Test Projects nubientto310CMR 10.05(11). the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project Uhnaetenstha public health, safety Vr the environment, the applicant shall implement the nemova| plan submitted with the Notice of Intent or modify the project as directed by the conservation commission nr the Department. 4 � Massachusetts Department of Environmental Protection Provided hyMessoep 2421M78 � Bureau of Resource Protection �/�f|GD�� ' - | W A Form 5 — Order of Conditions ondKt~ons —___ —it � Massachusetts Wetlands Protection Act W1.G.Lc. 131, §4O ^msPTmnwanhov# � North Andover � D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. |oo municipal wetlands bylaw urordinance applicable? 0 Yes Fl No 2. The North Andover hereby finds (check one that opp|ieo): Conservation Commission a. Fl that the proposed work cannot be conditioned tn meet the standards set forth ina municipal ordinance or bylaw, specifically: Therefore, work on this project may not goforward mn|eue and until m revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and o final Order of Conditions |eissued. h. 0 that the following additional conditions are necessary to comply with o municipal ordinance orbylaw: � North Andover Wetlands Protection Bylaw& Regulations Chap. 190 � i'. mun/omm/Ordinance*rBylaw et. aeq | 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 nf 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 e text doowmenU: North A d Conservation Commission Findings & Special C dii � � | / � °°~mrrns.doc'rev unumu20 Page mum 4 Massachusetts Department nf Environmental Protection Provided uym«*«oEp: 2421873 F3UPB@u0f ��8SOV[88 Protection - V�8tl@Dd8 - �� Order � Conditions .....~�. . .~.' mwx �� Form � — ~�� n ~��v�Uu�� K48sSachUSettSVVeU8DdSP[Ot8CUoHACtK4.G.L. C. 131` §4O North Andover CityrTown E. Signatures This Order is valid for three years, unless otherwise specified asespecial condition pursuant N General Conditions#4.from the date ofissuance, Please indicate the number of members who will sign this form. II- ThioOn1ormustbax|Anmdbymmajori(yof(haConnamaUunCommiaaiun. :iTNum&e,ofmign^p The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must bo mailed or hand delivered atthe same time&o the appropriate Department of Environmental Protection Regional Office, if not filing electronically,and the property owner, if different from applicant. Al St Prin d Nam ow Signature Printed Nat gnature Printed Name ignature Printed Name ignature Printed Name ignatUre Printed Name ignature Printed Name El by hand delivery on by certified mail, return receipt 'b ate- Date requested, on z S � 4 Massachusetts Department of Environmental Protection Provided hyMm moEp: BVFe@U of Rf*SoU[Oe Protection - W8tlaDd8 242-1873 &��J� 0� �� x� � Conditions �� — �� m�" x� u �� ~,�— ~�n �� ~��U�Kons Massachusetts Wetlands Protection Act PW.G.LC. 131. O40 "osp Transaction# North Andover City/Town F. Appeals The applicant, the owner, any person aggrieved by 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 h) request the appropriate KAmsmDEP Regional Office hn issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Depodmont, with the appropriate filing fee and 000mp|ehad 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 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 dannonotnehe prior participation in the review ofthis project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting e 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 wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 4 Massachusetts Department of Environmental Protection Provided uymasmosp: Bureau of Resource Protection - Wetlands 242'1873 �� K� 8� Order � Conditions ---- —' L( I ��" v� Form � — v�� n `��uU�8�� Massachusetts Wetlands Protection Act M.G.L. c. 131` G40 uosp Transaction# North Andover 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 of recorded land, the Final Order sh0 also be noted in the Registry's Grantor Index under the narne 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 Uo the Conservation Commission listed below. North Andover Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.-------------------------------------------------------- /o North Andover onservation Commission Please be advised that the Order ofConditions for the Project at: 84 Candlestick Road 242-1873 Has been recorded at the Registry of Deeds of: Northern Essex County Bonk — Page for.for. Potricio & Douglas Yates Property Owner and has been noted in the chain of title ofthe affected property in: 4407 74 � Book Page |n accordance with the Order nf Conditions issued on: O0-25-23 cxa� | �—----- --- i |f recorded land, the instrument number identifying this transaction is: Instrument Number |f registered land, the document number identifying this transaction is: � D000meNNvmbo, 84 Candlestick Road #242-1873 Findings of Fact Current Project Site Conditions: The 1.02-acre project site currently consists of an existing single-family dwelling constructed. in 1996, with associated septic system, driveway, patio 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. • Bordering Vegetated Wetland (BVW) Wetland Flags 100 thou 106 • 1.00-Foot Buffer Zone to BVW • The property is not within the 200-foot Riverfront Area • The property does not lie within NHESP Priority Habitat The property does not contain 100-year floodplain (BLSF) • The on-site resource areas are not known to contain certified or potential vernal pools based on NI mapping and on-site observations 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, FGENERAL CONDITIONS 20. The proposed work includes: construction of an 8'x10' shed on a slab, which requires some grading into the side slope and 18" high retaining wall oil upslope side - the shed is outside 50' NBZ. The front entrance will receive a 6x10 portico and resized front steps and portion of walkway, in the outer reaches of 1.00' Buffer Zone. Repaving the driveway within the same footprint is included in scope of this project. Installation of a pervious paver patio under the deck and off to the west side and associated stepping stones to the new shed. The deck is designed to mimic the entire deck footprint where there is currently crushed stone, steps out of basement level and a grass edge that is a drip edge for the cantilevered part of the deck. The new pervious paver patio will be as close to the wetland as the existing deck, at 41', separated from the wetland by lawn and two retaining walls. An expanded alternatives analysis has been submitted as requested by the NACC, and waiver requested with mitigation planting at a 35:1. ratio. After due discussion and 84 candlestick Road 11242-1873 NACC Findings&Special conditions Page 1 of 13 84 Candlestick Road #242-1873 consideration, the NACC voted 3-1 (3 in favor 1 opposed) to grant the waiver as the NACC finds the applicant to have met the burden of demonstrating that the chosen alternative did not result in increased negative impacts to the resource area and the 3.5:1 enhancement planting is sufficient mitigation for said incursion into the 50' NBZ. 21 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: Patricia & Douglas Yates 84 Candlestick Road North Andover, MA 01845 Project Engineer/Wetland Consultant: Morin-Cameron Group, Inc. William Schkuta, PE 66 Elm Street Danvers, MA 01923 Site Plan & Documents: • "Plan of Land in North Andover showing Proposed Site Improvements 84 Candlestick Road", prepared by Morin-Cameron Group, signed and stamped by William Schkuta, scale 1"=20', revision dated 09-01-23; • Letter with alternatives analysis, prepared by Morin- Cameron Group, signed by William Schkuta, dated 09- 05-23; • Mitigation Planting Plan-84 Candlestick Road, prepared by DeRosa Environmental, dated August 22, 2023. 20. 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. 21. 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. 22. 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. 84 Candlestick Road t/242-1873 NACC Findings&Special conditions Page 2 of 13 84 Candlestick Road #242-1873 23. 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. 24. 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. 25. The work authorized hereunder shall be completed within three years from the date of this order. 26. 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 ex'piration date of the Order (Refer to Sectioi�t 8.3) of the North Aildover Wetlaiid Regulatiolls). 27. 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. 28. 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. 29. 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 Sectioii 3.4 &Appelidix F of the local Regtdatioiis). 84 Candlestick Road 11242-1873 NACC Findings&Special conditions Page 3 of 13 84 Candlestick Road #242-1873 30. 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 100-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. 31. 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, 32. 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 '.fown. 33. 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 11111iiii Is 11111111�'1!11 livi�111� 34. 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. 35. 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 84 candlestick Road#242-1873 NACC Findings&Spccial conditions Page 4 of 13 84 Candlestick Road #242-1873 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 corru-nences may be recorded by the NACC at the applicant's expense, 36. A check payable to the`Town of North Andover shall be provided in the amount of two thousand ($2,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and'Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 37. 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 #242-1873." 38. 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. 39. 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. 40. 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. 84 Candlestick Road 4242-1873 NACC Findings&Special Conditions Page 5 of 13 84 Candlestick Road #242-1873 41. 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 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. 42. The applicant/contractor shall have on hand at pre-construction meeting, removal or stockpiling, additional 25 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. 43. 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, clue 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. 44. 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 84 Candlestick Road#242-1873 NACC Findings&Special conditions Page 6 of 13 84 Candlestick Road #242-1873 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, 45. Prior to construction and in time for the pre-construction meeting, not less than five (5) wetland markers, mounted on 4x4 pressure treated or cedar posts, or on mature trees as determined by the by the Conservation Administrator, shall be installed along the limit of the 25-foot no disturb zone. One of the markers shall be installed on a 4x4 PT post in front of the planting mitigation area at the west end of the existing retaining wall. 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 wet-land. Said markers are available for purchase in the Conservation Department at'Fown 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. 46. Prior to construction., the proposed mitigation planting plan shall be executed in the field. Proposed native shrubs, native grasses and native seed mix shall be installed under the direction of a wetland consultant. 47. The mitigation plantings shall exhibit an overall survivorship of 75% after two full growing seasons post installation. Dead or dying plants shall be replaced. The wetland consultant shall provide a final report documenting survivorship. 48. The mitigation► planting areas shall be left to naturalize, and not be subject to routine residential landscaping practices. 49. 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. 50. Prior to any work corrunencing 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. 84 candlestick Road#242-1873 NACC Findings&Special Conditions Page 7 of 13 84 Candlestick Road #242-1873 51, 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. 52. 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. 'Ihe 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). FSTORMWATER MANAGEMENT CONDITIONS 53, 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. 54. 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 84 Candlestick Road#242-1873 NACC Findings&Special conditions Page 8 of 13 84 Candlestick Road #242-1873 55. The use of polymeric sand for the patio is strictly prohibited. A bill of lading for pervious sand material shall be provided. This is to ensure that the patio remains pervious to allow infiltration of stormwater. 56. Upon beginning work, the applicant/erosion control monitor shall submit written progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 57. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 58. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetland Protection Act and/ or the North Andover Wetland Bylaw, If 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. 'The Erosion Control Monitor shall oversee all dewatering activities to ensure compliance. 59. The existing driveway and stairs leading to the rear yard shall serve as the construction.entrance for the project. Paved areas shall be swept daily to remove sediment deposited by construction vehicles accessing the site. 60. 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. 61. All materials stockpiling area shall be at the location marked on the approved plan 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. 62. 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 dumpsters will be allowed within 50 feet of the edge of BVW. 84 Candlestick Road 11242-1873 NACC Findings&Special conditions Page 9 of 13 84 Can Road #242-1873 63. Vehicles and machinery shall not be washed or refueled within 100' of a wetland resource area. Cement trucks shall not be washed out in any wetland resource or buffer zone area, and any surplus concrete shall be properly disposed of off-site. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 66. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 68. No sodium-based products shall be used for control of ice or snow within 1.00 feet of the wetland resource area. 69. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 70. The mitigation planting areas shall be left to naturalize without routine residential landscaping practices. 71. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 84 Candlestick Road 11242-1873 NACC Findings&Special conditions Page 10 of 13 84 Candlestick Road #242-1873 72. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 73. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." K 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. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes�2ny disturbance of soils or vegetation, 74. 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 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these 84 candlestick Road 11242-1873 NACC]'fiulings&Special Conditions 84 Candlestick Road #242-1873 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 #29); Any other work requires separate review and permit by NACC (Condition #30); Resource area markers (Condition #45); Patio shall remain pervious (Condition #55); Discharge or spillage of pollutants (Condition #65); Prohibition of underground fuels (Condition #66); Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #67 & #68); No dumping of leaves, grass clippings, brush, or other debris into the wetland resource areas or the 25-foot No-Disturb Zone (Condition #69); Mitigation planting area shall be left to naturalize (Condition #70). 84 Candlestick Road 1/242-1873 NACC Findings&Special conditions Page 12 of 13 84 Candlestick Road 0242-1873 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. I am tl7e of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions-11--- have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this—day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions . are presently in compliance, (DEP File #) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this—-------- day of 19 . .. .....................(Signature-authorized agent of applicant or owner) 84 Candlestick Road#242-1873 NACC Findings&Special Conditions Page 13 of 13