HomeMy WebLinkAbout242-1878, 30 Anne Road OOC - Permits #242-1878 - 30 ANNE ROAD 5/1/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1878
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
L) I North Andover
City/Town
A. General Information
Please note: North Andover
this form has 1. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. Z Order of Conditions b.F] Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Yonner E. Vidal
a. First Name b. Last Name
Important:
When filling V&V Investments, LLC ..........----------------------------- ------
out forms on c.Organization
the 30 Anne Road
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.
VQ a. First Name ......... -b-Last-Name
-
...........
c.Organization
return
................... -----------------------............................................................................................................................................................................-
d.Mailing Address
............... ...... .........................................
e. City/Town f,State g.Zip Code
5. Project Location:
30 Anne Road North Andover
a.Street Address b.City/Town
Map 37B Lot 35
C-.-A-S-s e-s-so-r-s M-ap-/Pla-tN-um`b—er "----- d. Parcel/Lot Number ........................................................-
Latitude and Longitude, if known: 42d67m769s -71 dO9m456s
d. Latitude e. Longitude
wpaform5.doc-rev 5/18/2020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided»vMaaeoo`:
Bureau of Resource PrOteCtiOO - WetlaDdS 242-1878
����� � � Order � d� ,�~�~
��o �� Form =, �� ���^���� ��u ������"�N�Uons
K8aGsachVse�sVVet|@ndsProtection Act K8.(�.L. c. 131, §40 eospT�noemion4
North Andover
Q,ylTmwn
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
NothemEosem
a.County b.Certificate Number(if registered land)
05804 315
c.Book d. Page
October12 2023 April 24 2024 May 1 2024
7, Dates:
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
30Anma Road Sewer Line Connection NO| Plan
a.Plan Title
Chon hoEngineering /U ksa drJ {�bon i PE
b. Prepared By c.Signed and Stamped by
Deoember4 2023 As Noted
u. Final Revision Date o.sua|o
See Attached List of All Approved D and Plans
f.Additional Plan or Document Title g. oate
B. Findings
1� Findings pursuant bz the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
o �� Public b �1 Land c. �� Prevention of
� �� � �� Pollution
d phv��'VVotor�upp|y e� �� Fieh�h�� t �� Protection of
� �� �� Wildlife Habitat
g. E Groundwater Supply h. Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, asprupoaed' is: (oheckoneofthefoUovvngboxas)
Approved subject to:
o. Z 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 p|ono, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau Of Resource Protection - W 242
\�t�D�� '1878
����� � � ���� � Conditions
��m m� Form � — m�u ���� ��u ~�����uD�8ons
Massachusetts Wetlands Protection Act K8.G.L. c. 131' §40 eoEp Transaction w
North Andover
B. Findings (cont.)
Denied because:
b. Fl the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not goforward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and o final Order of Conditions iaissued. A description of
the performance standards which the proposed work cannot meet is attached imthis
Order.
o. F the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work onthis project may not gmforward unless and until revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Aot'e interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why iiis necessary ia
attached to this Order as per31O CK0R1O.05(6}(o).
I F� Buffer Zone Impacts: Shortest distance between limit ofproject ~G'
disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) ajmear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4 �l Bank
---------
� a. linear feet [.linear feet — c.linear feet-- 'I-linear feet —
n. F] Bordering
Vegetated Wetland a.square feet b.square feet o.square feet d.square feet
O. F-1 Land Under
VVabarbodieoand o.square feet b.square feet c.square feet d.square feet
Waterways
e.oydredged [dydnedged
7. R Bordering Land
Subject toFlooding *.square feet U.square feet c.square feet U.square feet
Cubic Feet Flood Storage ���m���-- f��m���--- g.cubic feet /h,cubic feet--
8. F Isolated Land
Subject to Flooding a.square feet u.square feet
Cubic Feet Flood Storage ���u����-- u�����f��'— ���6����-- �������--
9. El RiverfrontAree
a.total sq.feet b.total sq.feet
SqKwithin 100ft
n.square feet d.square feet e.square feet t square feet
Sqft between 1OO-
2OO k g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department mf Environmental Protection Provided bymoaoEp:
Bureau of Re8OU[Ce PrOtHctioD -Wetl@DdS 242-1878
����� � � k��� � Conditions
��m ^� Form � — ~�ou��� ��m "����v�0�Nons
Massachusetts Wetlands Protection Act K8.G.L. C. 131. G40 eoEp Transaction#
North Andover
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
ln Designated
� ���� Indicate size under Land Under the Ocean belowAream '
11. F Land Under the
Ocean m.square feet b.square feet
12 Fl Barrier
Indicate size under Coastal Beaches and/or Coastal Dunes
�� below
13 �l Coastal _____�!Yu_
� �� a.square feet u.square feet n. nourishment d. nourin»ment
14 �� Coastalcu -----«�Yd-
� �� o.square feet u.square feet u. nourishment d. nourishment
15 �l Coastal
� �� �jm����-- ��o6��f��--
15. R Rooky 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-1 Land Under Salt
Ponds a.square feet b.square feet
19. F-1 Land Containing
She||fieh o.square feet b.square feet c.square feet d.square feet
28, [l Fish Runs Indicate size under Coastal Banks, Inland Bank. Land Under
the 0oaan, and/or inland Land UnderVVatorbodiee and
Waterways, above
a.c/y dredged b.c/y dredged
21. R Land Subject to
Coastal Storm m.square feet b.square feet
Flowage
2Z Fl Riverfront Area a.total sq.feet b.total sq.feet
Sqh within 10Oft
c.square feet d.square feet e.square feet f.square feet
Sqft between 1O0-
2UOft g square feet h square feet i.square feet j square feet
vpum,mu.du='rev m1pomo Page of 13
4
Massachusetts Department of Environmental Protection Provided uyMuueosp:
Bureau Df Resource Protection - Wetlands 242-1878
����� � � Order � m� �~�~
n�n �� Form .� �- ���"���� ��x ����8�����Nons
Massachusetts Wetlands Protection Act K8.G.L. o. 131' 640 aoep Transaction#
North Andover
B. Findings (cont.)
°#oI |fthe 23 �� Restoration/Enhancement°�
pn4em�for ��
the purpose of
restoring or
enhancing -square feet~' -'- ~.square feet~'salt marsh
wetland
resource area 24. [1 StnaamCrusein8k*\:
m addition m
the square
that =. number"' new stream crossings ". number"' replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
aect|onBac
<a«v« or The following conditions projects.
m17z(Se|t ~ �-"
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
the additional regulatory measures, shall be deemed cause tn 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 ho private property or invasion of private rights.
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 mtatutea, ordinances, by|ovve. or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five yearo, from the date of issuance. If this Order is intended to be valid
for more than three yeoro, the extension date and the special circumstances warranting
the extended time period are set forth usa special condition in this Order.
o. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CK8R 10.05(11)(f).
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 in connection with this project sha|| beo|eanfi||. Anyfi|| mha|| oVnteinnVbneh'
refuGe, rubbioh, or debris, including but not limited to lumber, bricks, p|8St8r' vvine. |aih,
paper, cordboord, pipe, tireo, maheo, refriOerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department mf Environmental Protection Provided uyMmuoeP:
Bureau Df Resource Protection - Wetlands 242-187H
����� � � ���� � �� ��~�~
�mo m� Form � �� n�m ^��� ��" ~���������ons
Massachusetts Wetlands Protection Act &1.G.L. o. 131' §40 eospTmne action#
North Andover
C' General Conditions Under Massachusetts Wetlands Protection Act
O. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been token, until all proceedings before the Department have been
completed.
Q. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry ofDeeds or the Land Court for the district in which the land is |ocaded, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the nagisbanad land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form sdthe end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement ofwork.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
^MassanhusettsDepertmentofEnvinonmenta| Proteution^ [or. "yWoeaDEP]
"File Number 242'1878 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before K8ossOEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of new Notice ofIntent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order atreasonable hours to evaluate compliance with the conditions stated in this {}rder,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
18. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned hy this Order.
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Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection - Wetlands 242-1878
����� � � k��� � �� ^�~�~
��m �� Form ~� �� ��ox�K�� ��x ����K�xm���ons
Massachusetts Wetlands Protection Act M.G.L. c. 131' 840 eoEp Transaction w
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start ofwork, and if the project involves work adjacent tma Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
1& All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. Adno time shall sediments b*
deposited in a wetland or water body. During oonatruction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
1Q. The work associated with this Order(the "Prject^)
(1) ig subject to the Massachusetts StormwahsrStandards
(2) ia NOT subject to the Massachusetts StormvvaterStandarda
|f the work ia subject tothe Stormnvvater Standards, then the project is subject imthe
following conditions:
a> All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormvvater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by8tormwebyr Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BK8Pe) shall remain in place until the site ia fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BK8Ps intended tobaconverted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the B[NP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site |8 fully stabilized;
iii. any illicit discharges to the atonnwetor management system have been nemnvod, as per
the requirements ofStmrmwabarStandard 10;
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Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1G78
Mmasoep File#
����� � � ���� � Conditions
�mo �� Form ~x —~ ��m ����� ��o ����K�w*N�0ons
Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 aosp Transaction#
North Andover
Q/yffown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction atormwaherBK4Psare installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c\ The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan (^O&MP|an^) and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management 13MPs and
implement the Stormvvater 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
Stornlwaber Report and, if applicable, the Stormvvater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each B[NP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement nfrecord, acceptable bothe issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements ofConditions 18(f) through 18(k)vvith respect tothat BW1P. Any failure ofthe
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BK8P shall be a violation of the Order of Conditions orCertificate
of Compliance. In the case ofstonnwater BK8Pe that are serving more than one lot, the
legally binding agreement ahoU also identify the lots that will be serviced by the atomnvvater
13K8Po. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
D The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
StonnwoterHmndbnok.
4
Massachusetts Department mf Environmental Protection Provided uvMaaoEp
2421878
Bureau of F�eSoU[CeP[OteC�OO -\�4�laDdS -
����� � � ���� � Conditions
��u ^� Form � — "�x��� ��u ������u&ons
Massachusetts Wetlands Protection Act &1.G.L c. 131. G40 eoEp Transaction w
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the |omt three (3) consecutive
calendar years of inepectiona, repairs, maintenance and/or replacement of the
otormvvater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal |ocaUon);
2. Make the maintenance log available toK8assOEP and the Conservation
Commission (''Commiaaion") upon request; and
3. Allow members and agents of the K8aseDEP 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 ByNP established in the D&K8 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
one prohibited.
j> The atormvvater management system approved in the Order ofConditions aho|| not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the W1assDEP Stormvvaber Handbooh, Volume 3' Chapter 1.
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
|) Access for maintenance, nepair, and/or replacement ofBMPs aho|| not bewithheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach e text
document):
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 threatens the
public health, safety O[the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent Vr modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided uvMassoEp:
Bureau of Resource Protection - Wetlands 242-1878
����� � � Order � Conditions
m�n �� Form °� -- �������� K�u ����0����m�ons
Massachusetts Wetlands Protection Act K8.G.[. c. 131` §40 eoFp Transaction#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw orordinance applicable? Z Yea 171 No
2. The North Andover hereby finds (check one that app|ioa):
Conservation Commission
a. F that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
. Municipal Ordinance or Bylaw 2.Citation__
Thenefore, work on this project may not goforward unless and until o revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions iaissued.
b� Z that the following additional conditions are necessary to comply with a municipal
ordinance orbylaw:
North Andover Wetlands Protection B | & Regulations Chap. 190
1.Municipal Ordinance orBylaw eceeq
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 e text document):
North Andover Conservation Commission Findings & Special Conditions
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Massachusetts Department of Environmental Protection Provided uvMmmoEp:
242 l878
Bureau of F�es0U[ce ��[DteCtiOD - Wetlands -
%����J� �� �� ���x� � Conditions
------ File��m ^� Form � -� ��w����� �� °����x��������
Massachusetts Wetlands Protection Act M.G.Lo. 131. G40 eDspnnnoa c-tiun#
North Andover
City/Town
E. Signatures
This Order|m valid for three years, unless otherwise specified eeaspecial
"
condition pursuant\o General Conditions#4.from the dat �
date 1� Deof|souonce
Please indicate the number of members who will sign this form.
This Order must be signed bya majority of the Conservation Commission. NumbeyofSigners
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.
ignat re Printed Name
-Signature Prjnted N me
ignature Pr' ted Name
Signature Printed Name
Signature Printed Name Y
Signature Printed Name
[] by hand delivery on by certified mail, return receipt
requested, on
-bite Date
°pam,mnuoo^rev nmuneo Page 11m10
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Massachusetts Department of Environmental Protection Provided uyMoe oep:
Bureau of Resource Protection - Wetlands 242-1878
����� � � ���� � Conditions
m�m �� Form ~� -- ��u ����� ��x ����K�^�U�Uons
Massachusetts Wetlands Protection Act M.G.L. c. 131. 840 eoEp Transaction#
North Andover
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 request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7) within ten business days from
the date Vf issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request ehoU state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.Lo. 131. §4O). and ie inconsistent with the
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 no appellate jurisdiction.
4
Massachusetts Department mf Environmental Protection Provided uvmaeuoep:
242-1878
Bureau of Resource Protection - Wetlands
����� � � Order � �� ��.�~
��m m� Form � ~— ������� ��o ~����x����ons
Massachusetts Wetlands Protection Act K8.G.L. c. 131` Q40 nosp Transaction#
North Andover
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is |000tad, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
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 mf Conditions for the Project ot
30 Anne Road 242-1878
Project Location MaosoEP File Number
Has been recorded ot the Registry of Deeds of:
Northern Essex
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|n accordance with the Order of Conditions issued on:
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If|fneoorded land, the instrument number identifying this transaction is:
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30 Anne Road DEP FILE # 242 -1878
Findings of Fact
Current Project Site Conditions: The 2.45-acre project site currently consists of an existing
single-family house constructed in 1992, associated septic system, driveway,walkway, lawn,
landscaping and utilities. The property is accessed via a private driveway shared with two
other properties (29 & 37 Anne Road),
Previous Permits: The construction of the subdivision (Sideri Place) was approved under
DEP #242-339 in September of 1986. This single-family dwelling was constructed under an
Order of Conditions issued in June of 1991 under DEP #242-553, a Certificate of Compliance
was issued 1992. No other permit filings with the North Andover Conservation Department
are on file for this property.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by the Conservation Administrator and the Conservation Field Inspector, 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 Wetland (BVW) -Wetland Flags VVT1 -WF25 and WF-100
-V\rF-113
b. 100-Foot Buffer Zone to BVW
c. The wetland contains a potential vernal pool between Wetland Flags WF1 -
WF25 based on NHESP data "Note: For this particular sewer connection
project, the status of the vernal pool is not at issue due to the obvious site
constraints limiting where the force main can be located. Future work
proposed on the site will require further investigation of the pool to ensure
proper set backs are established for other non-essential site amenities.
d. The site does not contain 100-year floodplain and 200-Foot Riverfront
e. The site is outside of the watershed to Lake Cochichewick.
Therefore, the North Andover Conservation Commission (hereafter 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 referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
FGENERAL CONDITIONS
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
21, The proposed work includes: abandonment of an existing subsurface septic system
and the construction of a force main sewer connection to replace the current failed
subsurface septic system. The proposed sewer line will consist of a duplex grinder
pump that pushes effluent through a 2" force main to the existing sewer manhole
located at the end of Anne Street. The proposed grinder pump is approximately 86 ft
from the BVW. Work at its closest point will be occurring between the two wetland
boundaries and the 25' NDZ, but within the existing paved driveway. The existing
septic tank will be retired per 310 CMR 15 Title 5 requirements. A "stockpile area" is
shown on the plan located between the 50' NBZ and the 100' BZ.
Due to the obvious site constraints that dictate the feasible locations for the proposed
force main, the NACC voted to grant a waiver to allow work to proceed within the 25-
Foot No Disturbance Zone provided that work within the 25' NDZ remain within the
paved limits of the shared driveway (not within shoulders).
22. The applicant, homeowner their successors in title and their contractors are advised
that NO other work on the property is allowed under this permit. The NACC has
jurisdiction over all of the wetlands and associated 100-Foot buffer zones site and any
work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes,but are not limited to,
house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and
bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be
held to the current standards under the Bylaw and WPA and must be reviewed under
a separate application submitted to the Conservation Commission.
23. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Yonner E. Vidal
V&V Investments, LLC
250 Merrimack St, Apt 374, Lawrence, MA 01843
Wetland Delineation By: Nicole Hayes, PWS
Goddard Consulting, LLC
Dated: September 22, 2023
Site Plans prepared by: Chongris Engineering
"Plan Title: 30 Anne Road, North Andover MA. "Sewer Line
Connection- NOI Plan", signed and stamped by Aleksandr
Scale 1"=20'
Revision dated December 4, 2023
Other approved Documents: Wetland Border Report
Dated September 28, 2023
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
Prepared by Goddard Consulting
Confirmatory Grant of Easement Book17954 Page 350
Waiver, Release &Hold Harmless Agreement Bk 17954 Pg 347
24. 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.
25. 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.
26. 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.
27. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover 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.
28. 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.
29. The work authorized hereunder shall be completed within three years from the date of
this order.
30. 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
U
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regulations).
30 Anne Road DEP File#242-1878 NACC Findings&Special conditions
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30 Anne Road DEP FILE 4 242 -1878
31. 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.
32. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty-five foot (25 ) No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. "Note: These setbacks may change
based on further investigation of the wetland for vernal pool habitat and function.'
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 Regulations).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
37, No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
38. This Order, in its entirety, shall be recorded 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.
39. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 (five thousand dollars) which shall be in all respects satisfactory to Town
Counsel,Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
40. Prior to Construction, and in consultation with the Conservation Administrator, the
applicant must remove all permanent structures from the 25-Foot No-Disturb-Zone
and the 50-Foot No-Build-Zone. This includes the shed depicted between wetland
flags WF-21 and WF-20, the fenced in dog enclosure/pen between the existing deck
and the wetlands, as well as any light fixtures/wiring attached to trees. These items
must be removed from the property, or relocated outside of the 50-Foot No-Build-
Zone. Any piles of trash/debris/landscaping waste must also be removed from the
property and disposed of at an appropriate facility before construction can
commence. Removal of these features shall be verified by the Conservation
Department as soon as such removal is complete.
41. Prior to construction and in consultation with and approval by the Conservation
Administrator, the applicant shall permanently mark the edge of the 25-Foot No
Disturb Zone or the edge of lawn (disturbed area) with nineteen (19) wetland markers
placed on weather resistant monuments or on mature trees as field conditions dictate,
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
spaced evenly every approximately every 35-feet incorporating the following text:
"Protected Wetland Resource Area". Thirteen (13) wetland markers will be placed
between wetland flags W-171 and WF-25. Six (6) wetland markers will be placed
between wetland flags WF-100 and WF-113. This will designate the sensitivity of
wetland resource areas and assure no further inadvertent encroachment into the
wetlands. 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, available for purchase in the Conservation Department
office, shall remain posted and be replaced as necessary in perpetuity. "Note: The
locations of these markers may need to be moved depending on the results of the
vernal pool investigation, should additional site work be proposed in the future.
42. 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. 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. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. 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.
43. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstable, 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.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing in the field. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until a
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
Certificate 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 be clearly marked with erosion controls or temporary fencing and shall be
confirmed by the NACC. Such barriers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. 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.
45. A sign shall be displayed at the site,visible from the street, not less than two square
feet or more than three square feet in size bearing the words "Massachusetts DEP,
File Number 242-1878."
46. A row of staked 12" minimum compost Filtrexx SiltSox (or equivalent) as noted on
the approved plan shall be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed 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 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.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, additional 50 feet of silt sock and sufficient stakes for staking. Said
erosion controls shall kept on site and used only for the control of emergency erosion
problems, not for the normal control of erosion.
48. Prior to any work commencing on-site, the applicant/contractor shall submit to the
NACC for approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control
devices and re-vegetation to be completed before other work begins on-site.
49. De-watering is not anticipated as part of this project as the project engineer notes the
force main will be installed above the twin culverts at the shared driveway wetland
crossing. However, de-watering BMP's are depicted on the approved plan, and all
BMP's shall be on site at the pre-construction meeting. If dewatering is determined to
be necessary, PRIOR to implementation in the field, the BMP's shall be installed and
reviewed with and approved by the Conservation Administrator. If dewatering
activities are required at any point during construction, Conservation Department
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE # 242 -1878
staff will be notified immediately. 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.
50. 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.
51. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the applicant, another Board's decision or resulting from this Order of Conditions
must be submitted to the NACC for approval prior to implementation. If the NACC
finds said changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public hearing the
NACC will issue an amended or new Order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be considered as changes.
52. 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.
53. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with a NACC representative, the
contractor,the engineer, erosion control monitor and the applicant to ensure that all
of the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
30 Anne Road DEP File#242-1878 NACC Findings&Special Conditions
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30 Anne Road DEP FILE #242 -1878
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g., 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. There shall be no increase in the post development discharges from pre-development
conditions that alter watershed boundaries as currently exist, unless specifically
approved in writing by the Commission.
55. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
Fb_u� CONSTRUCTION
56. 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.
57. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of
origin or an analysis certifying cleanliness -whichever is most applicable as
determined by the Conservation Commission or its staff.
58. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or foamed, seeded and mulched, with a layer of weed free straw or mulch hay. All
disturbed areas must be graded, loamed and seeded prior to November ls'of each
year. Outside of the growing season, exposed soil finish grade surfaces shall be
stabilized with a layer of mulch straw 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, straw, or other means approved by the
NACC.
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30 Anne Road DEP FILE #242 -1878
59. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical) unless approved hereunder. Slopes of steeper grade shall be rip-rapped to
provide permanent stabilization.
60. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing the site.
61. No fuel shall be stockpiled within the 100-Foot Buffer Zone and refueling of
construction equipment shall be conducted outside the 100-Foot Buffer Zone.
62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
63. 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. No trash
dumpsters are allowed within 25' of areas subject to protection under the Act or local
Bylaw. Dumpsters must be placed on an impervious surface, and be kept covered
when not in use.
64. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
[AFTER CONSTRUCTION
66. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. No
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30 Anne Road DEP FILE 4 242 -1878
sodium-based products shall be used for control of ice or snow within 100 feet of the
wetland. This condition is issued under the authority of the Town's Wetland
Protection Bylaw and shall remain in perpetuity.
68. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
69. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
70. 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.
71. 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.
72. 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.
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30 Anne Road DEP FILE 4 242 -1878
"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 aU disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
Any other work requires separate review and permit by NACC (Condition
#22);
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). "Note: These setbacks may change based on further investigation
of the wetland for vernal pool habitat and function. 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
#33);
Resource Area Markers (Condition #41);
Discharge or spillage of pollutants (Condition#65);
Prohibition of underground fuels (Condition #66);
Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#67);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #68);
Prohibition of the use of coal tar-based sealants (Condition #69).
30 Anne Road DEP File#242-1878 NACC Findings&Special conditions
Page 12 of 13
30 Anne Road DEP FILE # 242 -1.878
APPENDIX A- AFFIDAVIT
1, -on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC 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 20
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this-day of 20
(Signature-authorized agent of applicant or owner)
30 Arine Road DEP File#242-1878 NACC Findings&Special Conditions
Page 13 of 13