HomeMy WebLinkAbout242-1879, 241 Massachusetts Avenue OOC - Permits #242-1879 - 241 MASSACHUSETTS AVENUE 11/20/2023 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1879
LI WPA Form 5 — Order of Conditions MassDEP File#
----------- - ------' —-'- "Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
I North Andover
- ------------------.................................................-
ityfTown
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A. General Information
Please note: North Andover
this form has i. From: - -- - - - ----- --------------------- -----------------
been modified Conservation Commission
with added 2. This issuance is for
spacetoodate (check one): a. Order of Conditions b.F] Amended Order of Conditions
accomm
the Registry
of Deeds 3. To: Applicant:
Requirements
Justin & Heather
a. First Name b. Last Name
Important:
When filling
out forms on c.Organization
the 241 Massachusetts Avenue
computer, d. Mailing Address ------- ---------- ......------------------
use only the
tab key to North Andover MA 01845
- -------------------
move your e.City/Town f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
rah a. First Name b. Last Name
c.Organization
Mailing Address
e.City/Town .......... f Stake g Zip-Code
5. Project Location:
241 Massachusetts Avenue North Andover
...............................
a.Street Address b.City/Town
_Map 11. ...... Lot 35
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d41 m39.44s -71 d8m8.80 s
d. Latitude e.Longitude
wpaform5,doc-rev 5J1812020 Page 1 of 13
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Massachusetts Department mf Environmental Protection Provided uymomooeP:
Bureau Of Resource Protection - Wetlands 242-1878
K������ �� �� Order � Conditions
�����s DE� File'
�nn �� Form ~^ �� �������� ��" ������^��u�������
Massachusetts Wetlands Protection Act M.G.L. c. 131' §4O vosp Transaction# |
North Andover
A. General Information /O0Df.\
o. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
NothornEsaem
i_._C06riiy, b.Certificate Number(if registered land)
14416 27
c.Book d.Page
October 2023 November15 2023 Novenmbe/20 2023
7. Dates:
Notice of Intent Filed _6 D aie"P u,b_'Ji c H e a r i n g C I o s e d c.Date Of Issuance
O. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan ofLand |n North Andover, MA241 Massachusetts Avm a.Plan Title
The Morin-Cameron E)no Inc. VViUiamSuhkuha PE
b.Prepared By c.Signed and Stamped by
November3 2023 1"=10' & 1"=20'
d.Final Revision Date e.Scale
See Attached List nf All Approved [) and Plans
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant k>the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information �
provided inthis application and presented ai the public hearing, this Commission finds that �
the areas in which work is proposed is significant to the following |nbmraota of the Wetlands
Protection Act(the AnU. Check all that apply:
a. �� Public k Fl Land o' �� Prevention of
~~ � �� Pollution �
d. 0 Private Water Supply a. Z Fisheries t 0
Protection of �
Wildlife Habitat �
g. 0 Groundwater Supply h. Z Storm Damage Prevention i Z Flood Control �
2 ThioCnrnnnieoionb�rebyhndathep �eo� aopnupnaad in� (nhookoneof�h�foUmw�ngbunes> �
.`« ^ ` � ` ' �
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 nfIntent, these conditions eho|| oonhoi
wpam'mo,*m'rev 5//ou02n Page rm1x
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Massachusetts Department of Environmental Protection Provided»yMmmocp: �
'18 �
Bureau of [�es0U[ceProtection - \�/8f\aDds 2427S �
��0���� �� �� Order � �� x�~�^ - ' ' ��
�pu m� Form � �~ *������ ��n "�������u����� |
/
Massachusetts Wetlands Protection Act K4.G.L. c. 131, §40 vosP Transaction# /
North Andover |
B. Findings (cont.)
Denied because:
h. El the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project meynotQofomvovdun|eamond
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 ig issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
^. El the information submitted bv 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 un this project maynot0ofonwardun|eaaundunti| araviemdNoUcanf
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 mm per 310C0qFl10.05(G)(c),
3. 0 Buffer Zone Impacts: Shortest distance between limit ofproject 15' |
disturbance and the wetland resource area specified in31UCMR1O.O2(1)(a) u.linear feet
Inland Resource Area Impacts: Check all that apply below. (ForApprowa|o0n|y\ |
` ' �
Resource Area Proposed Permitted Proposed Permitted �
/k|tonahon Alteration Replacement Replacement
4 F7 Bank �
� �� �jm�v�^m��- �_m�����-- \�n�������-- �]inear feet-- �
5. F-1 Bordering �
Vegetated Wetland a.square feet b.square feet n.square feet d.square feet �
6 Land �
� �l�� �
Waterbodieaond a.square feet b.square feet c square feet x.square feet |
vvoo*nwaym
r. n Bordering Land
Subject to Flooding a.square feet b.square feet o.square feet a.square feet |
Cubic Feet Flood Storage
e- ��� �f�t-- [\� �� Y�x��- g,cubic feet /���bic feet-- �
8� F] Isolated Land
SuNac�hxF|uoding a�aquam�*i h.o«vamhmt �
Cubic Feet Flood Storage
�^�m��- 6���et— e.cubic feet - f.cubic feet -
9. Fl R|verfnontAnao
a.total sq.feet b.total sq.feet
Sq kwithin 100ft
c.square feet d.square feet e.square feet f.square feet
Sqft between 1OO'
208ft g.square feet h.square feet i nquo�i J.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1879
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
L( I- North Andover
Cityrrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
io. F] Designated Port Indicate size under Land Under the Ocean, below
Areas
ii [I Land Under the
Ocean a.square feet b.square feet
c.c/y dredgedd—red-ged d.c/y dredged
12. n Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. El Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment -a'. nourishment
14. El 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. n Rocky Intertidal
Shores a.square feet b.square feet
17. El Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. F] Land Under Salt
Ponds a.square feet b.square feet
...........-
C.c/ydredged d,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. F1 Land Subject to -a-
Coastal Storm .square feet b.square feet
Flowage
22. El Riverfront Area —--------- . ...........-------
a.total sq.feet b.total sq.feet
Sq ft within 100 ft —G.square feet d,square, , , feet,at e.square f.s q 6 a re .ee i
Sq ft between 100-
-------------
200 ft 9.square feet h.square feet L square feet j.square feet
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Massachusetts Department mf Environmental Protection pm'med bymeaoep: �
242-1879
Bureau 0f Resource Protection - Wetlands �
�����J� �� �� Order � Conditions
�� File
��" w� Form � — "������ ��u "�����uUuK����� �
�
Massachusetts Wetlands Protection Act M.GLc. 131. �-4O eDEP Transaction# �
North Andover |
Ityrrown
B. Findings (cont.)
°#eJ If the 2� � 1 hanuem�nt^�
��m��for �~ � ------�— �
the purpose of
restoring or
enhancing a a.square feet of BVW b.square feet of salt marsh
~=~ dresource area 24. E] 0mamCmgs|ng(e):
m addition to
the square
footage that a,number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
SectiunD.5.0 �
(B«« )m The foUovv following conditions are m�p||umb|nho�mproved ����nt� �
u.17�rpa8 ' ' ' '
Marsh)above, 1� Failure tuuon�o|y with aUnondiUonom�hedherein, and w�hoUrelated eh�ubaeand other
pleaseenter
'
additionalthe regulatory measures, shall hedeemed cause ho 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 bnpdvoteprnpadYorinvamionofphwahedghta.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local stotutee, ordinenuee, 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:
o. The work in o 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 |mns than five yeam, 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 oma special condition in this Order.
o. |f the work is for aTest Project, this Order ofConditions aho|| be valid for no more than �
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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 o Test Project maybaexbandedforune
additional year only upon written application by the applicant, subject to the provisions of 310
{}K4R 1U5(11)(0. �
G. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used ln connection with this project mhaUbec|eanfi|iAnyOUohaUcontoinnotnaoh.
refune, rubbinh, or debris, including but not limited to lumber, bdcka, plaster, vvina. |edh,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided uywmeeoep:
Bureau of Resource Protection - Wetlands 242-1878
������� �� 4� Order � Conditions
�a E� �� ��
�wn �� Form ~� �� �,�K���� ��o ����K�v�U��������
Massachusetts Wetlands Protection Act K8.G.Lc. 131' §4O omep Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such on appeal has been haken, until all proceedings before the Department have been
completed.
A. 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 |ucoted, within
the chain of title of the affected property. In the case ofrecorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner nfthe land upon |
which the proposed work is to be dune. In the case of the registered land, the Final Order �
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
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which the proposed work is done. The recording information shall be submitted to the �
Conservation Commission on the form at the end of this Order, which form must be �
stamped bv the Registry cf Deeds, prior ho the commencement Vfwork. �
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 242'1879 ^ �
11. Where the Department of Environmental Protection is requested to issue a Superseding �
Order, the Conservation Commission shall be a party toall agency proceedings and
hearings before K8eseDEP. |
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12. Upon completion ofthe work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) tn 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 ofm new Notice ofIntent. �
15. The Agent ormembersnf the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject hothis
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor nr other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided by M^*oDEP:
Bureau of Resource Protection -Wetlands 242'1879
ile
������� �� �� Order � Conditions
__ -_ _ '
m�" �= Form ~" ~— �����8�� ��u ��K���v���U��K���
Massachusetts Wetlands Protection Act M.G.L. o. 131, §40 *ospTmnseoUon# �
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North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17� Prior to the start of work, and if the projectinvolves work adjacent toa Bordering Vegetated
VVet|ond, 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. At no time shall sediments be |
deposited in a wetland or water body. During nonotruoUon, the applicant or his/her designee i
shall inspect the erosion controls on a daily basis and shall remove accurnulated sediments /
as needed. The applicant shall immediately control any erosion problems that occur otthe !
site and shall also immediately notify Commission, which naeo/v�� the
' . �
right to require additional erosion and/or damage prevention onnhn|s it may deem
necessary. Sedimentation barriers shall serve aa the limit of work unless another limit of i
work line has been approved by this Order. |
19. The work associated with this Order(the"Project") |
(1) ia Subject to the Massachusetts 8hormvvahsrStandards
(2) iu NOT subject tn the Massachusetts ShornlwatarStandards
If the work is subject to the Stormwater Standards,then the project is subject to the �
following conditions:
a) All vn)rh, including site preparation, |emd dioLurbanoo, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and �
�
erosion and sedimentation control plan and, if applicable, the Sb)rmvvaber Pollution �
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by ShormmabarOondiUnn 8. Construction period �
erosion, sedimentation and pollution control measures and best management practices
(BK4Pn) shall remain in place until the site is fully stabilized.
b) No sb»rmvwsbar runoff may be discharged to the post-construction otormwaher BK8Pn
unless and until a Registered Professional Engineer provides o 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 BW1Ps intended tobaconverted
to post construction operation for Sto[nlvvohorattenuation, recharge, and/or treatment, the
conversion is allowed by the N1mooDEP 3h>rmvvater Handbook BN1P specifications and that �
the B[WP has been properly cleaned ur 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 im fully stabilized;
iii. any illicit discharges hothe stormwetar management system have been namnuved, as per
the requirements ofStn/mwetar Standard 10;
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Massachusetts Department of Environmental Protection Provided bymamaosP: �
Bureau of Resource Protection - Wetlands 242-1873
����� � � ���� � �� ��~�.
��u �� Form ~^ �� ��u ^u��� ��u ��K��������onsILI �
Massachusetts Wetlands Protection Act K8.G.L. t. 131` §40 eri PTr«omum|oo# �
North Andover
ityffown
C' General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction ohurmwmherBKHPaare 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.
u\ The |
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that another party has legally assumed responsibility for B[NPmaintenance, Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible �
padx(d�f|O�d |nG�n�[�U <�VOditiVO18(e)) �hgU �%��Ut��Od ��bO1|tk) thg |��WO� ��thVr|b/
' ` ' ' �
an Operation and Maintenance Compliance Statement("O&M Statement) for the �
Sho/n)wohar BK8Pm identifying the party responsible for implementing theatornnvvater BK4P
Operation and Maintenance Plan ('D&K8 Plan") and certifying the following:
i) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and |
Uj the future responsible parties shall be notified in writing of their ongoing legal i
responsibility booperate and maintain the mbJr0Vvate[ management B;WPsand /
implement the Bhormwuder 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
8tormwuhar Report and, if applicable, the Stormwab*rPoUuUon Prevention Plan required by �
the National Pollution Discharge Elimination System Mu|ti'GautorGenera| Permit.
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e\ Unless and until another party accepts responsibility, the landowner, or owner of any �
drainage easement, assumes responsibility for maintaining each 8N1P. Tn overcome this �
presumption, the �
binding agreement ofrecord, acceptable to the issuing ouUho/itv, evidencing that another �
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(f) through 18(k)vv|th respect kx that BK8P. 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 ofntornnvvebsrBW1Pa that are serving more than one lot, the �
legally binding agreement shall also identify the lots that will be serviced by the etormvvatmr
BK8Pm. 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.
A 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
SbormwatorHondbouk.
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Massachusetts Department mf Environmental Protection Provided hyM»» oeP:
Bureau of Resource Protection - Wetlands 242-1U7Q
�����J� �� �� ���v� � �� x�~�~ �����s ��� File�mw �� Form =v �� ��n ����� �/� ����K�^uU�UK�����
Massachusetts Wetlands Protection Act K8.G.L. �L t 131` "84O emep Transaction#
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North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (CODL)
O) 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 of material and the disposal |oonhnn\;
2, Make the maintenance log available hoMoosDEP and the Conservation
Commission ("Commission") |
^ ' |
3. Allow members and agents of the MassDEP and the Commission ho enter and '
inspect the site 0oevaluate and ensure that the responsible party hs |ncompliance |
with the requirements for each BN1P established in the <J&W4 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.
0 The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval uf the issuing authority.
h\ 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,
0 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 |
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mt least six inches above grade tV allow for wildlife passage, |
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Special Conditions (if you need more space for additional conditions, please attach a text
document): |
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20. For Test Projects subject to 310 CMR 10,05(l 1), 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 thromh+nathe
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department nf Environmental Protection Provided uymaumEp: �
Bureau of Resource Protection - Wet 242
��O�S '1879
11 ����� � � Order � o� ��~�~ .
��" x� Form � �- »��vu�� ��u `������KuU����� '
Massachusetts Wetlands Protection Act K8.G.LC. 131, §4O mnaamiuo#
North Andover
CityTFown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |so municipal wetlands bylaw Vr ordinance applicable? [A Yes Fl No
o. The Nnrth /\ndnver hereby finds (check one that eppUam):
Conservation Commission
a. [I that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project maynctgofonwondun|ennendunU|arevioedNo{ioeof
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions iaissued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& R | d Chap. 1QO
T'Mun|^|pa|qrU|omnmsvr�y|aw et. se
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 dooumenU:
North A d Conservation Commission.flndNs & Special C d| i
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"v*"rmou° ^rev soomo20 Page 1oum
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1879
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ebuTransaction#
North Andover
ityrrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
..................condition pursuant to General Conditions#4, from the date Of issuance, 1.Date of Issuance
Please indicate the number of members who will sign this form. 1 27
This Order must be signed by a majority of the Conservation Commission. 2.Nu-m'E-er of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
..............................
S16n, nd N,qm e,
J("ture Pri e "k
Si g
natU Printe Name
2
A r',J ik4 t, 1,7 1 )uill 1,r 1,
919na re + Printe ,Nam
1 d 'ZI
,v;Icq�J
4...... ......'J
Signature .. :: ... ., Prin d Name
4-1
Signature Printed Name
Ignature Printed Name
i—gn a t....
r e . ...... -P.ri.nt....e.d-Name
..-. -..-. ............ ...........
Signature Printed Name
El by hand delivery on by certified mail, return receipt
requested, on
-----------------
Date
Date
wpaform5.doo-rev 81312023 Page 11 of 13
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Massachusetts Department of Environmental Protection Provided uyma^aoep: �
Bureau of Resource Protection - Wetlands242
-1878
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Massachusetts Wetlands Protection Act K8.G.LC. 131, G40 aosp Transaction# �
North Andover �
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F. Appeals
The applicant, the owner, any person hevnd by this Order, anyowner 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 Transm,ittal Form, as provided in 310 CMR 10,03(7)within ten business days from !
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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 theDepartment's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Pravkoum �
participation in the permit proceeding rneans the submission of written information to the �
Conservation Commission prior to the close of the public hearing, requesting a Superseding �
Order, or providing written information to the Department prior to issuance of a Superseding
0vder. �
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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(yW (� L o 131 �4O\ and` � � � � ' ~ '. �
wetlands regulations (310 CIVIR 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 nu appellate jurisdiction. �
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Massachusetts Department qf Environmental Protection Provided uYwaa*mEp:
242-187S
Bureau of Resource Protection ' Wetlands �
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Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 epEp Transaction#
North Andover
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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 ofrecorded 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 mhoU 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 ho the Conservation Commission listed below.
North AndoverConservation Commission
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Detach on dotted line, have stamped by the Registry of Deeds and Submit to the Conservation �
Commission. �
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North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at �
241 Massachusetts Avenue 242-1879
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Has been recorded a(the Registry of Deeds of:
Northern Essex '
County Book .age
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for:
erty Owner
and has been noted |n the chain of title of the affected property in: �
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14410 27 �
Book Page
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|n accordance with the Order of Conditions issued on: �
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11-20-23 �
uate �
If recorded land, the instrument number identifying this transaction is:
If registered land. the document number identifying this transaction is:
241 Massachusetts Avenue DEP FILE #242 - 1879
Findings of Fact
Current Project Site Conditions: The project site currently consists of a single-family
dwelling and associated appurtenances, which was constructed in 1956. The presence of the
in-ground pool and surrounding patio were clearly evident on 1986 aerial photography and
therefore it has been determined that the pool and patio pre-date the North Andover
Wetlands Protection Bylaw.
This Notice of Intent is in response to an Enforcement Order issued by the North Andover
Conservation Commission (hereinafter "NACC") for demolition and reconstruction of the
subject pool and patio without proper permitting with the Commission.
Previous Permits: None on file.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
and adjusted in the field by the Conservation Administrator, and as reflected on the final
revised 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 Welland (BVW) - Wetland Flags Al-A25, associated with
an intermittent stream
b. 100-Foot Buffer Zone to BVW
c. The site does not contain 100-year floodplain and 200-Foot Riverfront
d. The site is outside of the watershed to Lake Cochichewick.
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.
GENER110
AL CONDITIONS M
MMMMMKJ
21.The proposed work subject to after the fact permitting includes: demolition and
reconstruction of an existing in-ground pool and associated concrete patio, cosmetic
work on the cabana. During site plan preparation, severe August storms occurred that
resulted in roadway runoff running down and eroding the driveway and associated
earthen slope, which required further survey and plan revisions to address this
drainage problem. Newly proposed work includes grading at the front lawn,
within ROW layout, to create a berm that directs water to the street and eventually the
existing catch basin. Create a bituminous berm around the catch basin to help contain
241 Massachusetts Avenue DEP File#242-1879 NACC Findings&Special conditions
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241 Massachusetts Avenue DEP FILE #242 - 1879
that water. Grade the top half of the driveway to further keep water in roadway. The
existing side retaining walls at driveway entrance to be heightened to meet new
driveway grades. The earthen slope at end of the driveway to be graded to direct flow
away from the house. Removal of sediment/gravel/soil that was deposited down into
the lawn area from storm events, loam and seed for lawn. Proposed stairs and landing
off the existing rear deck. Removal of a portion of an existing mulched play area will
be undertaken so as to remove it from within the 25' NDZ and the neighboring
property. Portions of the 25' NDZ and wetland have been maintained as lawn and
some of these areas will be marked off with posts and wetland markers and allowed to
naturally revegetate without future mowing or maintenance. Work is within the 100-
Foot Buffer Zone, the 25-Foot No Disturb Zone and 50-Foot No Build Zone. The
existing pool and associated patio are partially located within the 50' NBZ and 25-Foot
NDZ, for which a waiver was determined not necessary due to the age of the pool and
patio. The NACC finds that work involving removal of the mulched play area from
the 25' NDZ will result in a net benefit for the buffer zone and resource area.
During the October 25, 2023 hearing, the severity of the erosion caused by the August
storm events was reviewed. The project engineer expressed concern that the NOI
permit process would inhibit immediate action to address the erosion. He noted that
the upcoming winter season, the potential for additional destabilization from
rain/snow events and possible freeze-thaw cycles will exacerbate the condition of the
driveway and garage foundation support. After due discussion, the NACC voted to
issue an Enforcement Order that allowed immediate temporary driveway stabilization
repairs to move forward so as to abate further erosion, and potential additional
destabilization from freeze-thaw cycles with the coming winter season. It is
anticipated that this eroded area will be backfilled using gravel that will be installed
and compacted in place to match the existing surrounding grades. Additionally, the
NACC allowed removal of portions of a large maple tree that have fallen into the
existing lawn areas. This material should be taken off site to an appropriate facility, or
if kept for firewood, it must be stacked outside the 25' No Disturbance Zone to the
wetland resource areas on site. At its November 15, 2023 meeting, the NACC voted to
maintain this Enforcement Order in place until such time that this Order of Conditions
becomes valid, recorded at the Registry, and any related pre-construction conditions
have been satisfied, at which time this Order of Conditions shall govern.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent& associated attachments filed by: Heather &Justin Ryti
241 Massachusetts Avenue
North Andover, MA 01845
Representative: The Morin-Cameron Group
Will Schkuta, PE
241 Massachusetts Avenue DEP File 042-1879 NACC Findings&Special Conditions
Page 2 of 14
241 Massachusetts Avenue DEP FILE # 242 - 1879
Site Plans & Documents:
® "Site Plan of Land- In North Andover, MA 24.1. Massachusetts Avenue"
prepared by Morin-Cameron Group, signed and stamped by William
Schkuta, scale 1 =20' &1"=10',final revision dated November 3,2023.
23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
24. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
25. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
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
Aiidover Wetlaiid Regtdatioiis).
241 Massachusetts Awnue DEP File#242-1879 NACC Findings&Sl)ccisilConditions
Page 3 of 14
241 Massachusetts Aventic DEP FILE # 242 - 1879
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 Con-u-nission shall
be a party to all agency proceedings and hearings before the Department.
32. [LIMITED PROJECT:] Any future project which proposes a wetland crossing in order
to access certain portions of the property will not be qualified as a limited project
roadway under 310 CMR 10.53(e).
33. The following wetland resource areas are affected by the proposed work: 100-Foot
Buffer Zone to Bordering Vegetated Wetland. These resource areas are significant to
the interests of the Act and Town Bylaw as noted above and therein. The applicant
has not attempted to overcome the presumption of significance of these resource areas
to the identified interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas
located on site as observed and confirmed by Conservation Department staff.
35. The NACC finds that the intensive use of the upland areas and 100-f-oot buffer zone
proposed on this site will cause further alteration of the wetland resource areas. In
order to prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulatims). Any future work aside from what is approved by this Order of
Conditions must be reviewed by the NACC under a separate application.
36. 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.
37. 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
241 Massachusetts Avenue DET Pile H242-1879 NACC Findings&Special conditions
Page 4 of 14
241 Massaditisetts Avenue DEP FILE #242 - 1879
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
38. 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.
I'IiIOR TO CONSTRUCTION
39. The pool filtration system shall consist of a cartridge style system (no backwash) and
specifications shall be submitted to the Conservation Department and attached to the
building permit application. The Conservation Department will not sign off on the
building permit unless this specification is provided.
40. 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.
41. 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.
42. A check payable to the Town of North Andover shall be provided in the amount of
two thousand dollars ($2,000) which shall be in all respects satisfactory to Town
Counsel, TownTreasurer, 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 accompanied by a copy of the recorded Order of Conditions
and a W9 form filled out by the party posting the bond. This bond is 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
241 Massachusetts Avenue DEP File#242-1879 NACC Findings&Special conditions
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241 Massacliusetts Avenue DEP FILE # 242 - 1879
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.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
44. A row of staked 12"' minimum compost Filtrexx SiltSox (ore uivalent ,shall be
properly installed or repositioned between all construction areas and wetlands as
shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion.
All additional erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an additional 50 feet of silt sock and not less than 3 rolls of 100%
biodeUadable erosion control blanketing and sufficient stakes for staking covered
from the elements, and shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
46. 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 242-1879.""
47. 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
241 Massachusetts Avenue DEP File/1242-1879 NACC Findings&Special conditions
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241 Massachusetts Avenue DEP FILE #242 - 1879
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.
48. 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.
49. 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.
50. 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.
51. 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.
52. Prior to construction, and with on-site coordination with the Conservation
Department staff, the applicant shall permanently mark the No Disturb Zone
associated with the bordering vegetated wetland with not less than ten (10) wetland
markers (5 of which are already depicted on the approved plan) to be placed at—30-
24 1 Nlassaclittset(s Avenue DEP File#242-1879 NACC Findings&Special conditions
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241 Massachusetts Avenue DEP FILE # 242 - 1879
foot intervals in front of the buffer zone enhancement area, on pressure treated 4x4
posts (or other weather resistant material), the bottom of the post must be at least 2
feet below grade and the top of the post at lease 2.5 feet above grade, bearing the
following text: "Protected Wetland Resource Area". This will designate the wetland
resource sensitivity and assure no further inadvertent encroacl-anent into the wetland.
Prior to installation in the field, the placement of these permanent markers shall be
subject to review and approval by the Conservation Administrator. 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. Said markers are available for
purchase in the Conservation Department at Town Hall.
53. Prior to any work commencing on-site, the applicant shall submit to the NACC or its
Administrator for review and comment, a detailed work schedule/sequence of
construction.
54. 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.
55. 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.
56. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with a NACC representative, the
contractor, erosion control monitor and the a licant 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
241 Massachusetts Avenue DEP File 42,12-1879 NACC Findings&Special Conditions
Page 8 of'14
241 Massachusetts Avenue DEP FILE #242 - 1879
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
57. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission,
58. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
59. 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.
60. Should de-watering activities be anticipated/required, PRIOR to engaging in
dewatering, the means and methods shall be reviewed and approved by the
Conservation Department and shall be proposed in an area that will avoid impacts to
the wetland resource areas. All dewatering activities shall be supervised and
witnessed by the designated erosion control monitor. De-watering activities shall be
monitored daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection Act and/or the North Andover Wetland Bylaw, If other
emergency de-watering requirements arise, the applicant shall submit a contingency
plan to the Commission for approval, which provides for the pumped water to be
contained in a settling basin, to reduce turbidity prior to discharge into a resource
area.
241 Massachusetts Avenue DEP File 11242-1879 NACC Findings&Special Conditions
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241 Massachusetts Avenue DEP FILE #242 - 1879
61. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
62. No on-site fuel storage shall occur during construction. Equipment may be refueled
outside the I 00-Foot Buffer Zone by delivery.
63. 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 V of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
64. 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.
65. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical) unless otherwise noted on the approved plan.
66. 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.
67. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time
shall be stockpiling of soil or any other materials occur on the wetland side of the
erosion controls.
68. 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 1.00 feet of the edge of the wetland.
241 Massachusetts Avenue DIP File#242-1879 NACC Findings&Special conditions
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241 Massachusetts Avenue DEP FILE #242 - 1879
69, Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
1.00 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
J
71. Arty/all pool drawn down/discharge shall be directed outside the 100-foot buffer
zone not toward the wetland resources or directly into Town catch basins and
stormwater system. This condition shall run in perpetuity beyond the issuance of a
Certificate of Compliance.
72. The no-mow zone within the 25' NDZ and wetland shall be allowed to fully revegetate
and naturalize with no future mowing or maintenance.
73. 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.
74. 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. No road salt,
sodium chloride or other de-icing chemicals shall be used on paved surfaces 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.
75. 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.
76, 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.
241 Massachusetts Avenue DE11 File#242-1879 NACC Findings&Special conditions
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241 Massachusetts Aveime DEP FILE # 242 - 1879
77. 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
(PA14s) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
78. 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.
79. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c, The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted,
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes arty disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
241 Massachusetts Avenue DE11 File 4242-1879 NACC Findings&Special Conditions
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241 Massachusetts Avemie DEP FILE # 242 - 1879
87. 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
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 #35);
Resource Area Markers (Condition #52);
Discharge or spillage of pollutants (Condition #70);
Pool drawdown discharge management (Condition #71);
No mow zone to be left to naturalize (Condition #72);
Prohibition of underground fuels (Condition #73);
Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #74);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #75);
Prohibition of the use of coal tar based products for paving (Condition #77).
241 Massachusetts Avenue DEP File 4242-1879 NACC Findings&Special conditions
241 Massachusetts Avenue DEP FILE #242 - 1879
APPENDIX A - AFFIDAVIT
11........... on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BL 0 CK)
1— 1 am the
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions .......
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (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 ........
(Signature-authorized agent of applicant or owner)
241 Massachusetts Avoitie DEP File 11242-1879 NACC Fhidiags&Spccial Cotiditiolls
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