HomeMy WebLinkAbout242-1750, 1 Oak Avenue OOC - Permits #242-1750 - 1 OAK AVENUE 3/20/2019 1VraH achuseW Dep artment of Environmental Provided by MamDEP
Protection assDJEP File#.-242-1750
Bureau of Resource Y iAotion-'Wetlands eDLP Transaction.#:1.O9008
VVPA Form 5- Order of Candifions City/Town.NORTH ANDOVER
Massachvse.tts Wetlands Protection AetM.G.LT c. 131, §40
A. General Information
1- Cow-tivaiion.Commission NORTRANDOVER.
2.Issuance a, F ODC b-r Arnended COO
3, kpplicaiac Details
a-First Tame DORO= b.Last Name AELD
t.Organization
d.Mailing Address I OAK AVENUE
e.citylro%u MORT14 AI W OVER f. State MA g.Zip Cade 01845
4.Property Owner
a.First Name b.LasL Name
c,Q�yanizafion TRUSTMOFRES ERVATIONS
d.Mailing Address 113 A DOVER STET
e.Clity/Town NO THANDO ER. f.State MA g.Zip Code 01.845
S.Projecttocatian
a.StrtetAddrms I OAK AVENUE
b.CUy/Tawn NORTHANDOVLR C. Zip Code Ot. 45
d-Assessors 59 e.Parcel-Lot# 26, 27
IaMaplPlat#
f.Latitude 42.68 72N g-Longitude 71.11561`UU
6,13rvpnty recorded at the Registry of Deed for:
a.C'ann(y b.Cert9fieace e.Book d.Page
NORTEBRNESSEX 15045 205
7,Dates
a-Thee NOT Filed, 2/1512019 b. Da to Public Hearing Clascd_ 2/27/2019 c.Date Of Issuance, 9M20120 1.9
B.Final Approved Plans and Othcr buouments
a.Plan TStle: b.Plan)hvpared Ur. a Flan SigneMianped by: d.Revbed Ftinal D ate: e.Se ale:
1 QAKAVE
DRAINA�T"� 4[ASB DESIGN
D.BERRY,P.P, 2.11.2019 1'"--10,
ft"RO(SHEETS t-4)
0. viodinv
1 nndings pursuant to fire Massachusetts Wetlands Pro tertian Act
Following the mvlew of the the above-referenced Notice of extent and based on the information prodded in this
application and presented at the public hearing,this Commission finds that the arem in which work is proposed is
aignificuu.t to the following interests of the Vdctlands protection Act.
Check all that apply:
& W Public Water Supply b. r Land ContaWag Shellfish c.P prevention of Pollution
d.7 Private water Supply e. F Fisheries f I7 Protection.of Wildlife Habitat
g.7 (around Water apply 1L P Storm Damage Prevention i, TJ Flood Contral
Page 1 of 10 *ELECTRONIC COZY
"Mass a cbus etts Department of Lnvironmental Wavided by MassDER
Protection MassDEP File 4;242-1.750
Bureau of Resource Protection-Wetlands ,DEP Tms3aion#-1000086
%TA Form 5- Order of Conditions rityft'ovm'Tk CaTH ANDOVER
Massachusetts Wetlands Prot Noa Act]h ,G,L. c_ 131, §40
2.Commission hereby finds the project,as proposed,is:
Approved subjcot to;
a,f,7_The faliowiag editions which are necessary in accordance with the performance st�ds set forth in flat
wetlands regulations.This Cornmission orders that all work sha If be performed inn accordance with the Nofe of
Intent refei=ced above,the following(i merat Goaditions,and any other spoda I 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 ofTntent,these oonditions sbal I.control_
Denied because:
M—The proposed work canoes be conditioned to meet the paf rmance slandards set forth in,the Weiland regulations.
Therefore,work an this project may not go forward unless and until a new Notice of luteent is submitted which
provides measures which art adequate to protect interests of the Act,and n fln@ I.Qfder of Conditions is issued.A
descriptfan of the per-tormance.standards which the proposed work cannot meet is attached to this
Order.
t.f'The information submitted by the applicant is not sufficient to dcscribt the site,fhe work or the effect of the
work on the intteresN identified in t]t.eWetlands Protscfion Act,Therefore,work on this project may not go
forward unless and until a revised Notice of Intent is submitted which provides suf citnt information and
in ludes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is
issued.A desMptinn of the speclftc tutormadou ivldeh is lacidng and why tt is necessaU 9s attached to
this Qxder as per 3I0 CMIZ 10.05(6)(c),
3.r. Euffer Zone Tmpacts;Shortest distance between limit of project distarbancc and the wetland
resource area specified in 310 IAR10.02(1)(a). a,linear feet
Inland Resource Area Impacts:(For Approvals Only);
Resource Area Proposed Permitted Proposed permitted
Alteration Alter fta Rcpi=WMt RePhZE rnt
4,r Hank
a.linear feet b_linear feet c.linear feet d. Hae8r feet
5.P Bordering Vegetated Weiland 672 672 672 672 _
a.square feet b.sgaoxe feet c,square fret d.square feet
6. r Landumdex Waterbodies and Wabnways. _-
a square feet b.square Beet c.square feet d,square feet
e, clydredged f.Oydredged
7_P'Bordering Land Subject to Flooding
a. square free b.aquare feet c.squarr feet d. squ=feet
Cubic Feet Mod storage
e. cubic feet f cubic feet .Gabic feet h. cubic feet
s_r Isolated Land Subject to Flooding
a,square feet b. square feet
Cubic Feet Flood Storage
Page.2 of 10*lRUCTRONIC COPY
Ma s sachus etts Departm eat ofEnvironmental Provided bymassmp.
Protection MassDLP Nile*24 1750
Bureau of Resource Protection-Wetlands eDEP I'n msxtim A 1090096
VVPA Farm 5-Order of oiud doias Qbjfr0WnN0RTff ANDOVER
Massachusetts Wetlands kaatection Act Ix+I_(i.T G. 131, §40
c. cubic feet & cubic feet e. cubic feci f.cubic feet
9.1"`Riverfront .tea
a. total sq_Meet b.total sq.feet
Sq ft within 10O ft --
c_square feet d.square fact c_ square feet #:square feet
-Sq ft between 100-200 ft _
g.square feet h_square feetfeet L square feet r,square feet
Coastal Resoume Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement replacement
10-r Designated Port Areas. Indicate sin under Uind UAder the Ocean,below
11.Mand Under the Ocean
a. square feet b.square feet
o. c!y dredged d_c!y dredged
1 .r Artier Beaches Indicate size under Coastal Bcaohes aa(Vor Goastai Dunes Mow
13.r Coastal Bcaohcs
a.square feet b,square feet o. cly nourishm,cnC d. *nourL uuent
14.r Coos tat bones square fr~ct _
a, b. are squ feet c,clymaurishmeat d. c1y nrnui4hrnent
15.r Coastal Bauks
a_linear feet b, linear feet
16,r Roy labalidai Shores
a.square feet b_square feet
17,E SaTtarshes
a are,square feet b.squ feet c,square feet d.solo=feet
IS.F' Land Undear Salt Ponds
a,square feet b. sure fleet
c.&y dredged d. cly dredged
19,r Land staining Shellfish
�square fimt b, square feet c, square feet (L sq,,=feet
Indicate size under Coastal Banks,ialaud)Bank,Land. Under the
20.-Fish Runs Ocean,anchor inland LarndUnder Wakrbodtes and Watwxays,
above
, dredged d.cry wedged
21_rLand Subject to Coastal Storm Flowage ---.
a_square feet b,square feet
Page 3 of 10*ELECMONIC COPY
Mams achusetts Dep artme,nt of Enviroamental Provided by Mass=;
Protection MassDEP Filc 9;24�-1.750
Bureau of Resourct Yrobection-Wetlands d)a Transaction##;1090086
WPA Form 5 -Order of Conditions Ctyl7Com4NORTHAN OVER
Mw issachusetn Wetlands protection Act .G,L_c. 131, �40
2.
1" RestoratimvFxbanceracnt(For Approvals Only)
If the project is for the ptu ease of restoring or enhancing a vittland resource area in addition to the squaw;footage
that has been entered in.%acdon 3,5,c&d or B_17_o&d above,please mbared the additional amount here_
a_square feet of BVW b.squaw feet of Salt Marsh
23.
r-stxeanls Crossiag(s)
If the project involves stream Cro&-'�s,please enter the number of aew stream crnssingslnumber of replacement
stream crossings.
a. number of new stream crossings b,m nber of replaccarent stream
crossiags
C. General Conditions Under Massachusetts Wetlands P17otentlon Act
The following rondltions are only applicable to Approved projects
1. failure to comply with all conditions stated herein,and with all related statutes and other regaIatory meamms,
shall be deemed cause to revoke or modify this Order.
2, The Ch-der`does nor grant any property rights or any exclusive privileges;it does not authorize any ir�my to
private property or invasion of private rights,
I. This Order does not relieve the peruilfte or any other person of the necessity of complying with all other
applicable federal,s rate,or local statutes, Qrdinanccs,bylaws, or regu WQns_
4. The.work authorized hareauader shall be completed'widhin three years from the date of this Onlf>x unless either
of the following apply:
a,the work is a maintenance dmd&g.project as provided far in the Act;or
b,the time for completion has been extended to a speoified&W moze than three years,but less bran five
years,from the date of issuance_1f this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Oa:dcr may be extended by the issuing authority for one or more perriods of up to three years each upon
spphcati m to the issuing authority at least 30 days prior to the expiration date of the Order.
6_ N this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed
the issuance date of the original final Order of Conditions_
7. Any fi ll Used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,
oar debris,including but not limited to lumber,bricks,plaster,wire,lath,paptr, cardboard,pipe, tires,adim,
refrigerators,motor vehicles,or parts of any of the foregoiiQ&
8. This Girder is not final until all adurinistrative appeal periods fa-am this Order have elapsed,or if such an appeal
has been take 3,until all proceedings before tlxe Department have been completed.
9. No work shall be undertaken until the Order has berme final and then Ws been recorded in the R.egisky of
Deeds or the Vaud Couil for the district in which the lend is located,wi thin the chaiu of title of the affected
property.In the case ofrecardcd land,the final Order shall also be noted in the Registry's Grantor Index under
fhe name of the owner of the land upon which the proposed work is to be done. In the case of the registered
land,the Final Order shall also be noted on the land Couxt Certificate of Title of the owner of the lurid upon
v+rE6 the proposed work is dour_The recording information shall be submitted to the Conservation
Commission oa tlxe format the end of this Order,w}dch form mu st be stamped by the Regay of Deeds,prior
to the comraerwz lnt of work..
10. A sign shall be displayed at Ow site not less then two&gum feet or more titan three square feet in size bearing
Page 4 of 10*ELECTRONIC COPY
missachusetts Department of Environmental Provided hyMassDEP;
Protection assDEP Fite'M94� t750
Bureau of Resource Pntectiou-Wetlands cDEP Trmisacticn#--1090096
PA Forlu 5 -Order of Conditions Qtylfown 0R H A1k]DOVSR
Massachusetts Wedands protection Act M,O,L. c_ 131, 40
the words,
Massachusetts Department of Environxnev�al-Protcotion"
[or%ImsDEF]
Pile Number;"242-1750"
11_ Where the Depautruent ofP-nvironmental Protect nn is requtsted to issue a Superseding Order,the
Conservation Conm-ission shall be a paq to all agency proceedings and hearings before Maas DEK
12. Upon completion of the work described Herein,the applicant shall submit a Request for Certi fcate of
Compliance(S PA Fovm SAL)to the Coaservaation CommiWon.
13. The work shall co9orm to the plans and special wnditzom referenced in this order,
14. Any change to the plans identified in Oonditxou#f13 above shall require the applicant to inquire of the
Conservation Commission in writing rrhffther die change is si0ficant enough to require the filing of a new
Notice of Intent.
15. The Agent or members of the Conservation C.onwrsssioa and the Department of Environmental Protection shall
have the right to eater and inspmA the area,subj ect to this Order at reasonable hours to evaluate compliance with
the conditions stated in this Omer,and may requi.[e the submittal of any data dm erl necessary by the
Conservation Commission or D eportmeat for that caatuation.
16. UiiS Order of Conditions shall apply to any successor in interest or successor in control of We property subject
to this Order and to any contractor or other person pmforming work conditioned by this Order.
17. prior to the start of work,and if the proj ea involves work adjaceot to-aEtordering Vegetated Wetland,the
boundary of the vvetiand in the vicinity of tlhe proposed work area shall be marked by woodeii smkes ar flagging.
Once in place,the weLl and boundary markers shall be maintained until a Certificate of Compliance has been
issued by the Conservatioa Commission,
18. All sedimentation barriers shall be maintained in good repair until all distr ed areas have bima fully stabilized
with vegetation or othet means.At no time shall sediments be deposited in a wetland or water body.DuriT*
constmetion, the applicant or hiAer designee shall inspect the erosion controls on a daily basis and shall
removt accumiated sediments as needed.The applicant shall hunwdiately control any erosion problems that
occur at the site and shall also irnmediately notify the Conservation Commission,which reserves the right to
require additional erosion and/or damage prevention controls it may deem necessary.Sediments tim barriers
shall servr as the limit ofwoa t unless another Jinlit of work line bar been approved by this Order.
XCM E OF STORMWATFRCO TROL AND MAUffWANCE MEQUIREMENTS
19. The work assooiated with taxis Order(thc"Project")is(1) r- is not(2.)W subject to the M-4sachusetts
Stormwatex Skmlards.if the work is subject to Stoxmwater Standards,theta the project is subject to the
fallowing conditions;
a) All work including site preparation,land diskubance,constriction and redevelopment,shall be implemented
in accordance with the construction peria d pollution preventioa and erosion and s edimenta#ion control plan
and,if appGeable,the Stou mwater Pollution prevention Plan required by the National Pollutant Discharge
Elimination System Construction General l?mujI as zequircd by Stornnvater Standard 8_Couatmodoil period
erosion, sedimentation and pollution control=asures and best manaigeznmt practices (SNTs)shall remain
in place until the,site is fully stabilizA
b) No storrawater runoff may be discharged to the post-construction stormwater l3929 utfless MA until a
Registered Professional Engineer provides a Certification that: i. all construction period BNTs havo been
removed or will be removed by a,date certain specified in the Certification.For any cons traction period
BW&intended to be convened to past construction operatiota fo><storm"er attenuation,recharge,and/or
treati ncnt,the omversian is allowed by aw MassDl3P Stormwatcr Handbook IMP specifications and that the
BhQ has been properly cleaned or prepared for post aonstrnolion operation,including removal of all
construction period sediment trapped in inlet and outlet oontrol str=tures; U.- as-built final construction
Page 5 of 10*FLBCTRO IC COPY
Mamchusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File#1:242-1750
13uEreau ofResounee Protection-Wetlands cDEPTransacdon#_1090086
WPA Form 5- Order of Conditions CgjTownNORTHANDO
Massachusetts Wetlands Protection Act M,G L,c, 121, §40
13W plans we i=ludcd,signed and staiVad by a Registered Professiomal agiabff,certifying the site is
fully stabilized;iai. any illicit discW-Wes to the stormwater maaagemmnt system have been renwved,as per
the requirements of S tonnwater S tandard 10; rla all post-construction stormwater RMPs are installed in
accordance with the plans(including all planning pIans)approved by the issuing authority,and have been
inspected to ensure that they are not damaged and that they are in proper working condition;u any vegetation
associated with post-construction B7vMPs is suitably established to withstand erosion.
c) The landowner is responsible forB10 maintenance until ite issWvg authority is notified that another party
has legally assumed responsibility fov BAP maintenance,Prier to requesting a Celtifiicate of Campiiaace,or
Partial Certificate of C onapliance, tlac responsible party(defined in Genera L Condition 19(e))shall execute
and submit to the issuing authority an Operation and Maintenance Cmmplance Statement("O&M Statement")
for the Stormwater$Nips identifying the party responsible for impleynenting the stormwatec$k+iP Operation
and Maintenance plan C'O&M Plan")anal certifying the following, i.)the O&M Plan is complete and will be
implemented upon receipt of the Oertificatc of Compliance,and ii,) the future responsible parties small be
notified in writing of their ongoing legal responsibility to operate and maintain the storrawater manag=Ent
BMPs and irnplernent the Stvrmwater pollution Prevention Plan.
d) Pastrconstruction pollution prtvention and source control shall be impk inentad in accordance with the long-
term pollukam prevention plan j3wLon of the approved Stormwatff Repart and, if applicable,the 3tormwater
Pollution Prevention Plan required by the Wational Pollutant Discharge Elimination System Multi-Sector
general Permit,
e) UnIcs s and until aao ther party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for rnaintaining each IRM P_To ovaoame this pxesumption,the landowner of the
property must submit to die issuing authority a legally binding agreement of record,acceptable to the isauiag
aurbori ,evidencing thnt another entity has accepted responsiWlity for mainmiiAng flee B P,and that.the
praposcd responsible party shall be treated as a pm-iii ittce for purposes of implementing tLte requirements of
Conditions 14(fj through 19(k),with respect to that BMP.Any failure of the proposed resperosiblc party to
implement the requirements of Condib ans 19(o through 19(k)with respect to that BW shall be a violation
of the Order of Conditions or Certificate of Gompliaatce,In the case of stomwater BMPPs that are serving
wore than one lot,the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMks.A plan and easement deed that grants the responsible party arms to pCrfiann the required
operation and maintenance roust be submitted along with the legally binding agreement.
f] The responsible party shall operate aad maintain all sto=waW B Ps in accordance with the design plan$,
the 0&M Plan, and the requirements.of the Massachusetts 3torrnwater 1-1_andbock.
g) The respmsiVt party shall,
1.Maintain an operation and maintenance log for the last three(3) Consecutive calendar years of
inspections,repairs,maintenance a ndlor replacement of the stormwater managerneut system or any part
there,of,and disposal(for dispose I tlae lag shall indicaW the type of material and the disposal loeatioQ);
-2,Make tho maintenance log available to Mas DEP and the Conservation Commission("Commission")
upon request;and
3.Allow members and agents of the,Ma8sDEP and the Commission to enter and inspect the site to evaluate
and ensure that the responsible party is in compliance with the requirements for each.BW es tablished in
the O&M Plan approved by the issuing authority,
h) All sediment or other contaminants removed from stc=water 13MPS shall be disposed of in accordance with
aff applicable federa[,state,and local laws and regulations,
i) Illicit discharges to the stormwater management system as defined in 310 C'MR 10V are pmhibitzd.
j) The akin ater management system approved in the Order of Conditions S110 not be changed without the
prior written approval of the issuing authority.
Page 6 of 10*FJ.>~CTRONIC COPY
Mass achus etts Department of El nvironmeatal provided by MassDEP;
protection MassDEP File#.242-1750
Bureau of Res wet Protectson-Wetlands eDEP Timsauion 4,1090096
WIPA Form 5- Order of Conditions CityflbwnNORTHANDOVER
lvlassaaiisetfs WetIands Proterftoa Act M.G.L,c_ 131, §40
k) Areas designated as qualifying peM"s areas for the purpose of the]Law Impact Site Design Credit(as
defined in fhe h6ssDEP S tormwabF Handbook,Volume 3,Qlapter 1,Love Impact Developzueat Site Design
Credits) shall not be altered without the prior written approval of the issuing authority,
l) Access for m6ateunce,repair, andlor repl acement of BUPs shall not be withheld.Any fencing oanstr OLM
around stormwater B s shall.include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions:
D.Findings Unda Municipal Wetlands Bylaw air Dxdivance
1.1s a municipal weal nds bylaw or ordinance appli:ablc?F Yes T No
2 The Canserv°atioo Camroissin herelchec]c one that"ph
s
a l" MCM the proposed weak vhich cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw spfcifieally:
I.Munkipal Ordinance or Bylaw 2, Citation
Therefor-e,woxk ou this proj ect may not go foiwmd unless and until a revised Notice of Intent is submitted ntich
provides measures which are adequate to meet these standards,and a final Oyler or Conditions is issued.Which
are necessary to comply with a municipal ordinance or bylaw:
p' APPROVES the proposed work, subject to the
following additional conditions.
k,Municipal Ordinance or NORTH ANDD 3k
V
Bylaw ET kN 1S 2,Citation Cl�,biPTER 178
BYLAW
3,Tkae Commission orders that all work shall be performed in accordance witlx tile,following conditions and wit11 the
Notice of Intent referenced above.To the extent that the fol lowing conditions modify or differ from the plans,
specificaiions, or other proposaIs submitted with the Notice of Intent,the conditions shall conttoL
The spcoial conditions relad"to municipal ordinance or bylaw are as follows:
SEE ATTACfiED
Page 7 of 10"ELECTRONIC COPS`
ti Nbssschusetts Department ofEnvironmen.tai P vidadbyMamDEP-
Protection MassDl3P l%a#,=,1750
-Surea)a of ,courcu Protection-Wetlands eD13P Uansacdon 0:10900M
WPA Form 5- Order of Conditions Oty/TmnNORTHAMOVBR
Mass achasetts Wetlands Protection Act M.G.L. c- 131,§40
K Signatures
This Order is valid for three years from the date of issuance,unless otherwise 'J l
specified pursuant to General Coud ition.#4.If this is an Amended Order of X D of Ord l Order
C�onditians,the Amended.Order expires on tCre same date as the origiml Order of
Condikions-
Please indicate the number ofinembcrs who will sign this form, This Order nuns# 2.Numb r of Signtrs
be signed by a majority of the Conservation Commission-
The Order must be.mailed by=-t fited mail(return receipt requested)or hand delivered to the applicant.A copy also
must be mailed ar hand de vexed at the same time,to the appropriate Dcpartrnmt of Environmental Pilo tection
Regional Office,if not filing electronically, and the property owner,if different from applicant.
Signatures: e�2 2) , -"O�
r by hand deli very on y CtZ6 II , turn r eipt requested, on
Date Data
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 to iequcst the
appropriate ltMmsDEP Regional Office to issue a Superseding Order of Conditions, The request must be made by
cm-dfled mad or hand.delivery 0 the Department,with the appropriate filing fee and a coWleted R-equcst for
Departcntal Action Fee Transmittal Dorm,as provided is 310 CMR 10,03(7)within ten business days from the do to
of issuance of this Oder.A copy of the request shall at the same time be sent by certified mail or hand dehvexy to the
Conservation Commission and to the applicant,if helshe is not the,appellant.
Kay appellants seelun9 to appeal the bepartinent's Superseding Order associated with this appeal will be required to
demomErMe prior paxbipation in the review of this project.Previous participation in the permit proceeding means
the aubmissiou of written informs loon tc the Conservation Commission prior to the class of the public headug,
requefft ng a Superseding Order,cup providing writhm inf'axnation to die Departnaemt prior to issuance of a
Superseding Order,
The request shall state,clearly and Concisely the objections to the Order which is being appealed and haw the Order-
does not contribute to the protection of the interests identified in the Massachusetts Wetlands Notection Act.
( -G-L. c. 131,§40),and is inconsistent with fe Wedands regulations(310 CMR 10,00).To the extent that the
Order is based on a municipal ordinance or bylsw, and not on the Massachnsetrs Wetlands Protection Act or
regulations, the Department has no appellate jurisdiction.
Page 8 of 9*E1.EC'1` ONIC;COP
assachusettsDepar#mentofEnvironmental Provided byMassDlV;
Protection MassVBP Fite#a42-1750
13umr u of Resource Protection-Wetlarlds eDW TYrannctionA1090086
WPA Form 5- Order of Conditions Cit)fPawn:NORTH ANDOVEK
Massachusetts Wetlands Protection Act NT,G.L.c. 131., §40
NM G1I-.. c. 131, §40),and is ivaonsistent with the wetlands regulations(310 CUR 10,00).To the extent that the
Order is based on a numioipal ordirimee or bylaw,and not on the Massachusetrs Wetlands Protection Art or
regulations,the Department has no appellate jurisdiction-
G. In€ormaiion
This Osder of Conditions must be Tecorded in the Registry of Deeds oi:the Land Court for the district in which tine
land is located,within,the chain of title of the affected prapeLty.Iu 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 Are land subject to the Order.In the case
ofregistexed land, this Order shall also be noted fln the Land Court Certificate of Title of them owner ofthe land
subj get to the Order of Cfonditirnas.The recording inforrnatiou on this page shall be submitted to the Conservation
Commission Listed below.
NORTH ANDOVER
Conservation Commission
betwh on dotted Line,have stamped by the Registry of Deeds and mbrnit to dw Conservaltiou Corr mission.
.vv..---------------------------------------•----.------------•--------------------------------------------"- --
To;
`ORTR ANDOVBR
Comservation Commission
Please be advised that the Order of Oondidons for the Project at
1 OAKAVENUE 242-17 5 0
Project)vocation Mass=File Number
Has been recorded at the Registry of Dccds of,
County Book Page
for;
Property Owner
and has been noted in the ctak of title of the affected property in:
Book Page
Tin accordance with the Order of Conditions issued on:
Date,
If recorded land,the ir&rwemt number identifying this transaction is:
ins iwwnt Number
Tf registered land,the docament number identifying this transaction is;
Document dumber
Page 9 of ID*ELECTRONIC COPY
Massach"OU Department.of Environmental Pwv!cIed by SDiP:
protection NfissDEP Filc#:242-1.750
Bureau ofkesource Protection-Wetlands cDFP TransacdonA1090036
WPA Form S- Order of Conditions CityjTmArNORTH AND OVER
Massa dwscnt Walands protection Act 1%+.I,C,L_a 131, §40
ig kweof ApphcaiaL pw.del Polo
Pale 10 of 10 *ELECTRONIC COP`
DEP FUX #242-1750
Therefore,the North Andover Conservation Co„-,missioxa (hereafk�r the " I.A C") hexebry
finds t the following conditions are necessary, in accordance with the Performance
tzmdards set forth in the State Regulations and the local Bylaw and Reg ilati.ons, to protect
those interests zioted above. The NACC orders that all work shall be performed in
accordame with said conditions aiad with the Notice of Intent referenced below. To the
extent fhat the foliokg conditions modify or dyer from the tans s ecilzcatFons or other
ro osa7s submitted with the Notice of tent the conditions shall control.
"GENERRAA I CONDMOI S
20. The proposed work inclxxdes: cleaning out the existing 8-inch culvert, saw cutting the
inlet and outlet ends of the culvert and instalhrx g flared end sections and rebuilding
stone headwalls. Work also includes excavation of the existing Bordering Vegetated
Wetland B W) to lower floe elevation at the outlet and replant, Grading is also
proposed on 1 Oak Ave including removal a:ad re-setting of an existing stone wall. An
8-foot by S-foot shed is proposed outside the 100-foot Buffer Zone.
1. The work shall conform to the following (except as noted is the remainder of this
do catnent where revisions may be required):
Applicant: Dorothy Held
1 Oak Aire
North Andover, MA 01810
Property tier: Dorothy Held
1 Oak Ave
North.Andover, NLA 01845
Trustees of Reservation
0 Andover Street (Map 59, Lot 26)
North Andover, NIA 01845
Documents- Notice of Intent .Application including
WP .Form 3 -Notice of Latent
]Received: February 1 ,2419
Including Notice of Latent 1 Oak Ave and 0 Chestnut
Street Forth Andover, MA,Waiver Request Form,
Notification to Abutters & Abutter List.
Letter from Kevin Bloch,Superinter0ent of the
Anndover/North Andover ManagemEnt Chit
Trustees/TheStevens-Coolidge Place
e. Notice of Intent-Dorothy Held
1 OalC Ave and 0 Chestnut Street
247-1750,Oak Ave 1 (Drainage Improvements)spccial conditions] -NA, C 3{2012.419
DEP FILE #242-1750
Representative, Mary Rimmer
Rinuner Environmental Consulting
57 Boston Road
Newbury, M.A.01951
Site Plans prepared by; ASB Design Group, LLC.
63 Boston.Street, Route 1
`l'opsfield,MA 01983
Titled; 1 Oak Avenue Drainage Improvements
Dated: 2,112019
Scale 1"=10'
Signed and Stamped by Thad D. Berry, P.E.
22. The term."Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor ixx control of the proFerty referenced in the Notice of
Intent,supporting docnitents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of aU trarisfers of title of any portion of property that
takes place priar to the iss-aance of a Certificate of Compliaru�e.
23, The conditions of this decisioiq shall apply to,and be binding upon, the applicant,
owner,its employees and all succes.9ors and assigDs 7n interest or control. These
obligatxoxts shall be expressed in eovenanfs in all deeds to succeeding o nexs of
portions of the property.
4. Failure to comply with all conditions stated herein, and with all related statutes and
other reg-Watory measures,shall be dee ned cause to revoke or modify this Order.
5. This Order does not grant any property rights or any exclusive privileges;it does not
audK.orize any injury to private property or invasion of property rights. However,the
NACC, agent of the NACC or the Department of Ettvironmental protection )
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,fa evaluate compli ce with this Order of
Conditions,the Act(310 CMR 10.00),theNorth Andover Wetland Bylaw and
Re gulations, and may require any information,measurements, photographs,
observations, and/ox materials, or may require the subrniftal of any data or
information deemed necessary by the NACC for that evaluation. Rather,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is Rot
in compli ee with this Order of Corlditiom. Work shall not res-ume until the NACC
is satisfied That the work will comply and has so notified the applicant in writing.
26, n-ds Order does not relieve the permittee or any other person of the necessity of
complying with all other applicant ,f deral, state or local statutes, ordinances,by-haws
or regulations.
242-1150,Oak Ave I (Drainage Improvements)special conditions2 NACC 3f2M0I9
DEP FILE # 242-1750
27. The work authorized here=der shall be completed wit1da three years from the date of
tiffs ord .
8. This Order may be extended by the i suixig authority for one but wt more than two
pexiods of up to one year each-xpon application to the issuing authority at Yeast tk&-t
days (30) prior to the expiration date of the Qxder (Ri fer to Secfzon 6.3 of the North
Andover Wetland egulationo).
29. The NACC reserves the right to amend this Order of Condxtiom after a legally
advertised public hearing if plans or cir u=istances are changed or if new co:aditions
or informatioa so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
detera-dmtion and to issue a Superseding Order,the Conservation Conrmission shau
be a party to all agency proceedings and hearings before th,e Department,
1, This Order of Conditions is issued in addition to a Negative Determination of
Applicability iswe.d March 23,2016.
32. Any future project which proposes a wetland crossmi g in order to access certain
portiow 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 JW proposed work: Banff of an
Intermittent Stream,Bordering Vegetated Wetland (B W) and the associated Buffer
Zane, 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 overconw the
presw-Apti= of significance of this reso=ce area to the id mtifaied interests.
34, The i ACC agrees with the applicant's delizieation of the wetlmd resource areas as
shown on the plans dated referenced herein (on site flags WF Al-All and BX-BU).
35. The NA CC finds that the interisi e use of the upland areas and buffer zones proposed
on this sife will cause further alteration of the wetland resource areas. hrt order io
prevent any alteration of wetland resource areas a twgp five-foot 25' No-
Disturbance Zone and a a -foot 50 o-Build Zom shall be established from the
edge of BVW except as shown on the herein referenced plan and as provided for in the
herein referenced and approved waiver. 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-D3sturbame zone. (See Section 3.4 &Appendix F of the
focal Regulations)-
�42-1750, Oak Ave 1 (Drainage improvements)special conditlans3 NACC 3l20 OT9
DEP FILE # 4 -1750
. The applicant has xequested to remove iavasive species and plant native vegetation as
part of the proposed work. The applicant shall prmdde a methodology and planting
plan prior to any plant removal.
37. The owners of the project and their successors in title agree that the Order does not iu
itself impose upon the Town my responsibility to maintain the proposed dxainage
system and that said`l'owa shall not be liable fox any damage in the event of failure.
By acceptance of this Order, the owners agree to indemxufy and hold harmless to the
Town and its residents for a ay damage aftributable to alterations -undertaken on this
property purrmant 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 fox`m of water damage.
"PRIORO CONSTRUCTION
8, No work shall be undertaken until all admilrdstrative appeal periods from this order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or C'ouxt have been completed,
9. This Order shall be recorded by the applicant at the Registry of Deeds Ymrnediatel
after the expiration of all appeal pehod,�. No work shall be-anderkaken until the Final
Order has been recorded in the registry of Deeds or the Land CouA 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 GxantoT 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 f.a W Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The r+ecoMing information shall be submitted to the North Andover
Conservation Commissiort on the form at the end of this Order prdor to
cor=encemerkt of the work. Any Order not recorded by the applicant before Fork
convmmes may be recorded by the NACC at the applicant's expense.
40. A sign shall,be displayed at the site riot less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-17 0."
41. Any other changes in the submitted plans cawed by the applicant, ar other-Board's
decision or resulitiag from this Order of Conditions must be submitted to the NA CC
for approval prior to implementation. If the 1 ACC 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
a ended or new Order of Conditions. Any errors found in the plans or information
s-abmitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been grained by the 1ACC,
242-1150, OakA've 1 {Drainage XmprovemenEs)sprxial wuditionA KAOC 312012019
bEP FILE 4 242-1750
42. It is the respozAsibility 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 xe-feren.ced
doctxrznents before cormxtencernent of construction,
43. Phox to any work cornmen Yg on-site, the applicant shall submit to ffie NACCfor
approval, a dated ar4 detailed sequence of cowtruction, inclading the installation of
erosion controls, pipe cleaning and cattin , grading,re-vegetation,headwall and stone
wall reconstruction, and f#Y-r.al stabilization.
44. Wetland flagging shall be checked prior to start of comtraction and shall be re-
established where missing. All wetland fl.aggiag shall remain visible and erturnerated
per the approved plan(s) tl-Toughout the life of the project and until a Certifkate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall he
clearly marked with erosion controls or temporary fencing and shall be Confirmed by
th,e NACC. Such baniers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of imchinery,storage of awednery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
45. A compost or bark m- lch filter sock (n,rr,;murn 1 ") shall be placed between all
construction areas and resoxurce areas as shown on the herer'n referenced plan, The
erosion control bavier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected axed approved by the NACC or
its agent prior to the start of construction and shall remain intact-u til.all disturber)
areas have bem permanently stabilized to prevent erosion. All 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 clegradatioa of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required ia 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 onurdssior's request.
46. The appliccaxtt shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of an extra twenty (20')feet of approved erosion controls and
additional stakes for staking. Said erosion controls&hall be used only for the control
of emergency erosion problems and shall riot be used for the normal control of
erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$2,000 which shall be in aD respects satisfactory to Town Counsel, Town.Treasurer,
and the NACC, and shall be posted with the North Andovex To n Treasurer tkough
242,M0,Oak Ave T (Drainage Xmprovc=L&)special ooRditions5 NACC M2012019
DEP FILE # 242-1750
the NACC before commencement of work. Said deposif of money shall be
conditioned on completionL of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and To- vm Counsel, and shall be x eased 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 tn.omtary release schedule keyed to completion of specific
portions of the project for the NACC's review and appxoval. This corLdition is issued
under the authority of the local Bylaw.
48. The applicant shall designate a Wetland Sciezxti.st (or other environmental professional
as approved by the NACC or its a mt) as an "Erosion Control J.orator" to oversee
any emergemy placement of confrols and regular imp ection or replacement of
sedimentation control devices. The nme 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, dxurk g any 4-hour period, includix
weekends. Proof of the retained monitor must he submitted to the Conservation
Department on.lekterhead b� the retained consxzlting frim, This person shall be given.
the authority to stop construction foal erosion control purposes. The EnvUon-mental
Professional will immediately notify the Conservation agent of any maffer that
requires attention by the Conuu s sion or the agent. The erosion control xnonito;r will
be required to inspect all such devices and oversee cleaning aiW the proper disposal of
waste prodtxcts. Cleardng shall include removal of any entrapped silt.
49. At least once during each week in which constrructim activities occurs on-site and for
as long thereafter as ground remalm uxistabilized,the applicant shall submit a written
report with photos frcun.the"Erosion Control Monitor" to the NACC ceriGi�ing tit,
to the best of his/her knowledge a-nd belief based on a careful site inspection, all work
is being performed in coWli nce with flus 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 ire fimetiordng as intended. In additi.ori,
aH wetland resource areas must be visually inspected for siltation,t bidity, and/or
other water quality impacts, The Erosion CoiArol MoT tox shall be on site during
and/or foHowing a major storm eveiit of 1 f 2" inch of rain or greater (24 hour event) to
ensure that soils remain stable., and erosion controls are adequate and secure.
50. Prior to addifion construction,, the applicant shall permanently mayk the No-
Distatbance Zone/edge of existing developed yard/parking area ( h.eene not already
inarked) with signs or markers spaced evenly approximately every 30 feet
incorporating the following text: "ProtectedWetland Resource Areal' and the
associated rules (1 square for every 3 round markers). Markers shall,also be placed on
mature trees at the existr'xxg tree line along the driveway. These markers will designate
the sensitivity of the resource area a rkd assure no further inadvertent emroachment
into the wetland. These permanent markers are scx ect to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
2+42-1750, Dot Ave l (])rainagc ImprovtmenCs)special coiadiainns6 KA. C 3120/2.019
DEP FILE # 242-17 0
buyers lessees/landscapers and all persons fakir-tg over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are aveable from the Conservation Department( round and
$3 square).
51. The applicant and/or ftie legal owner of that poxtion of land upon wl4ch these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, oT
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 penury, stating that said applicant and/or
owner has read these Orders of Conditions and Xs in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Coxtservation Department at least five (5) business days p-rior
to the closing of said land transaction,
5 . Once these alcove mentioned pre-construction requirements are complete, the
applicant shall contact the Cozxvation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC mpresentati:ve, the
contractor, the monitor and the applicant to ensure drat all of the Conditions of this
Order are understood. Uds Order shall be included in all construction contracts,
subcontracts, and specifications deaXirxg with the work propowd and shall supersede
any conflicting contract requirements. The applicant shall assure that all contractors,
subcontractor's aztd 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 Conditiom resulting from failt�te 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 comtruction and to
ensure compliance with this Order, A reasonable period of time shall be provided as
rLotice of the pre-construction meeting(e.g. 72 hours),
LLSTIORMWATER MANAGEMENT CONDUIONS
53. There shall be no irLcrease in the post development discha_tges fx:om the storm drainage
system or any outer changes in post development conditions that alter the post
development watershed boundaries as ctxxxently depicted in the Notice of Latent and
approved by this Order of Conditions,unless specifically approved in writing by the
onurdssion.
54, Water quality in down gradient resource areas .6hall 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 svAace xunoff
leaving the site,
242-1750,Oak Ave 1(Drainage Improvoments)spacial conditions? ACC 3liA19
55. The applicants, owners, and. their successors and assignees, are allowed to mamtwn, m
perpetuity and without further filing, all culverts, collections basins, traps, outlet
structures, infiltration stxmtmues, and other elements of the drainage system, in oxdex
to avoid blockages and siltation which might cause failure of the system and or
def:rimental impacts to on-site or off-site resource areas, and sW maintain the
integrity of vegetative cover on the site.
DIJRTNG CONSTRUCTION
56. Work sli&U be done under low flow or dry conditiox s,
57. Upon beginning work, the applicant shall submit writtm progress reportsweekly (as
part of the erosion control monitoring report Condition #49 above) detailing what
work has been done 7n or near-resource areas, and what work is anticipated to be done
over the next period, This will update the construction sequence.
58. De attiring activities are not proposed as part of the Ding, No discharge of water is
allowed dix'ectly into an area subject to jurl8di,ction of the Wetlands Protection Act
and or the North Andover Wetland Bylaw, If emergency de--watexing requirements
arise, the applicar4t shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a setwxxg basin,to reduce
turbidity prior to discktarge into a resource area,
5 . Any fill used in connectim with this project shall be clean fill/natural materials,
containing rto trash,,refuse, rubbish or debris, including but not fin ted to concrete,
crushed glass,lumber, bricks, plaster,wire, lath, paper, cardboard, pipe,tires, ashes,
refrigerators, motor vehicles or parts on any of the foregoing.
0. All exposed soil firdsh grade surfaces shall be lmrnediately landscaped axidstabilized,
or loamed, seeded and mulched, witli.a layer of salt marsh or other weed free hay. All
disturbed areas must be graded,loamed and seeded prior to November Pt of e.-Wh
year. Outside of the growing season, exposed soil finish grade suxf aces shall be
stabilized with a layer of salt?marsh fray or other stabilization method (as approved by
the Conservation Department) until climate conditions allow for seedirtg. 13uring
construction, any area of exposed soils that will be left idle for more than 30 days shall
be stabilized as o-atlixxed herein.
61, No re--grading in the buffer zone shall have a slope steeper than :1 (horizontal,
vertical), Slopes of steeper grade shall lbe rip-rapped to provide permanent
stabilization.
. there shall be no stockpiling of soil m other materials within 50-feet of any resource
area. Stockpiled materials shall be trucked off site or stored within erosion controls in
a location approved by the Conservation Department,
5
242-1.750,Oak Ave 1 (Drain a Improvements)special conditions NACC 312012019
DEP FILE if 242-1750
69. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sack8 to prevent sediment from enterirkg the drainage
system. Silt sacks shall be.maintai-ae.d and regularly cleaned of sediments until all
areas associated with the work permYtted by this oxder have been permanently
stabilized and the NACC or its agent has formally approved their removal,
64. Washings from conch to trucks, or surplrxs concrete, shall not be dixected to, any
drait .ge system or wetland resource area. If truck washing is necessary an ayea shall
be designated and approved by the Conservation Department.
65. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any-wetland resource area.. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable mean) at the site
for the storage and removal of such spent constmefion=terials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Blau.
6, Accepted engineering and construction standards and procedures shall be followed in
the completim of the project.
67, During and after workon this project, them shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If thexe is a spill or discharge of any
pollutant daring 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 I-abrication, or
maintenance is to be done within 100 feet of a resource area,
AFTER CONSTRUCTION
6 , No underground storage of Biel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. TNs 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 Towrn s Wetland protection byLa .
69. Pertilizers utilized for landscaping and lawn care shall be sloes`release, low-nitrogen
type (< 5%),phosphorous free and shall riot be used `ztivrt 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 survive the issuance of a Certificate of Compliance.
70. There shall be no dumping of leaves, grass clippings, brush, dog waste, or other debris
JsAo a wetland resource area or beyond the o-Disturbance Zone demarcated by the
242-1750,oak Ave 1 (Drainage Yrnpro'vcni 14 special 001A iOPO NACC 3120/2.019
DE,P FILE 4 242-1750
postsand/or wetland markers. This condition shall survive the iss-amice of a
Certificate of Compliance.
71. -Upon completion of construction and grading, all disturbed areas located outside
resource areas ,shall be stabilized permanently against erosion. This shall be done b
loarning and seeding according to MRCS standards. Stabilization will be considered
complete once f ffl vegetative cover has been achieved.
72. Upon approved site stabilization by Conservation staff, the erasion controls shan be
removed and properly disposed of and all exposed unve etated auras shall be seeded.
73. Upon completion of the project the applicant shall submit the foUowing to the
Conservation Comrn!asion as part of a request for a Certificate of Compliance,
a. WFA Form SA- "'Request for a Ceyfifkate of Compliance."
b, A letter from the appReant requesting a Certificate of Cornphartce.
c. The name and address of the current landowner.
d. Signed statements from the irtdivi,dual property owners shall be s-xbtnitted with
the request for a Certificate of Compliance indicating that they read and
u-ndeTstood 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.
£. The street address and assessors map parcel number for the project.
g. The DEF 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 Comxnission,
i. An"As�Built" plait, in the same scale as the record plan referenced herein
prepared and signed and stamped by a Registered Professional Civil Engineer
(P,E.) (and/or Registered Professional Land S-xrveyor) of the Commonwealth,,fox
the public record and. This plan will include:
"As-Built" post-development elevations and grades of all filled ox altered
wetland resource areas (on 1 Oak Ave) includirg the encompassing buffer
zone which is regulated as a reso=e area sunder the local Wetland
Protection Bylaw.
A line showing the limit of work and the extent of existing erosion control
devices, "'Work' includes a disturbance, of soils or vegetation.
4, The following special,conditions shall survive the issuance of a Certificate of
Complian e (COC) for this project:
A.2Y No-Disturbance Zone and a 50' No-Construction Zone shall be
established from dw edge of adjacent wetland resource areas on lot except in
242-1750,Oak A.ve I (Drainage rmprnvmmts)spreial conditions10 NAOC 3l.2=00
DE FTLE #24 -17 0
those locations approved under DEF # 2424750. Future work within 100' of
existing wetland resource areas wiU require a separate filing with the NACC
(See Sectiort 3.1 and 3.4 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;
Resource Area Markers (Condition#50);
Drainage Structure Maintenance ( ondition #55);
Discharge or spillage of pollutants (Condition# ;
Prohibition of under ound fuels (Condition #60);
Limitations on the use of fertilizers, herbicides, and pesticides {Conditions
#6 };
M'rohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition 1#70).
242-1750,Oak Avc 1 (Drainoge improvements)spceia!oanditlolns 1 I XACC 312ftg019
Il l' FILE# 42-1750
APPENDIX A -AFFIDAVIT
I, on oath do hereby depose and state.
(authorized agent applicant and/or current owner)
(PLEASE CMCK AT AST ONE BLOCK)
7. I am the o
(positionwith applicant) (applicant name or company name)
U-te applicant upon wham Order of Condit
have beeu placed upon by (DEp or NACC number)
the Moirth Andover Con. ervation Commission.
ar
2. I am the of
(position with owner) (o zxei�name)
the ow nex upon whose land Order of ConditiozLs
have been placed asp b (OR or NACC number)
the North Andover Conservation Commission,
8�
I hereby affixm and acknowledge that have received said Order of Conditions
and.have real the same and understand each
(DEP File#) and every opmdition which has been set forth
in said Order of Conditions.
4, X lxereby affiinn and acknowledge that on thus day of_. 0
f inspected s aid proper ly together with.any and all improvements which have
been ui ade to the same and hereby certrly that each and every condition set
forth in Order of Conditions__ are presently in compliance.
(DEP Eire#)
5_ I hereby affirm and acknowledge that tiara document WiR be relied upon by the
Forth Andover Conservatioa Commission as well as any pa tential.buyers of
said property which is subject to said Older of Conditions
(DEP File#)
Sig d under the pains and pe-ialdes of perjury this day of 2Q._.
(Signature- autborized agenf of applicant or owu=)
242-1750.Oak Ave 1 praivagGImprovements)special cmditionsl2 NAOC 312012019