HomeMy WebLinkAbout242-1888, 50 Hay Meadow Road OOC - Permits #242-1888 - 50 HAY MEADOW ROAD 5/15/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1888 ..__
MassDEP File#
P'A Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has 'd. From: .......
been modified Conservation Commission
with added 2. This issuance is for
space to a.® Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Brian Hughes
a.First Name b.Last Name
Important:
When filling
out forms on c.Organization
the 50 Hay Meadow Road
computer,
use only the d.Mailing Address
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.
. ......._� ...._--...-__..
rat a.First Name' b.Last Name
._......... ------
c.Organization
rrr�
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
50 Hay Meadow Road North Andover
a.Street Address b.City/Town
Map 104 B Lot 102
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d40m56s -71d3m16s
d Latitude e Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1888
MassDEP File#
f WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City[Town
A. General Information (coat.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Nothern Essex
a.County b. Certificate Number(if registered land)
17823 122
_ ._........_. ........_._............
c Book d. Page
7. Dates: Aril 10 2024 A ri124 20.24 May 16 2024
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan of Subsurface Sewage Disposal System -2 Sheets
-Upgrade__ ----- . ........... .._..___. ._....�........ ............. .__.......
a.Plan Title
Merrimack Engineering Services Vladimir Nemchenok
b.Prepared By c.Signed and Stamped by
April 11, 2024 1"=20
d.Final Revision Date e.Scale
See Attached List of All Approved Docs and Plans
f.Additional Plan or Document Title g.Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MasSDEP:
Bureau of Resource Protection - Wetlands 242 1888
MassDEP File#
WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eMP T
Lei
ransactianian
North Andover
City/Town
B. Findings (cant.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 36'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank _____
a.linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c square feet d.square feet
s. ❑ Land Under
Waterbodies and a,square feet b.square feet c.square feet d.square feet
Waterways
e.cfy dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage - - —
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage -- --- -.
C.cubic feet d.cubic feet e.cubic feet f.cubic feet
2,557 2,577
s. ® Riverfront Area a.total sq.feet b.total sq.feet
a
Sq ft within 100 ft a . ...__. _....... . ........._ _
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100- 2,557 2,557
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1888
F
WPA Form 5 — Order of Conditions MassC7EP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131) §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cant.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd m cu yd
a.square feet b.square feet c. nourishment d. nourishment
14. ❑ Coastal Dunes cu yd cu yd
._ _.
a.square feet b.square feet C. nourishment d. nourishment
15. ❑ Coastal Banks a. linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged J
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area ....t...............
a.total sq.feet b,toal sq.feet
Sq ft within 100 ft —_............._._. — _ _ _
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet J.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1888
MassDEP File#
WPC►. Form 5 — Order of Conditions
_. ................
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
cityrrown
B. Findings (cant.)
#23,If the 23. ❑ Restoration/Enhancement':
project is for
the purpose of
restoring or _.__......—..._- ._._..._...._ .. .. _...... ........
enhancing a a,square feet of BWV b.square feet of salt marsh
wetland resource area 24. ElStream Crossing(s):
in addition to
the square __.._w ----- - .---...._...._.
footage that a.number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVW)or The following conditions are only applicable to Approved projects.
B.I Tc(Salt
Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify the additional g y y this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to 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 statutes, ordinances, bylaws, 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 years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. 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
CMR 10.05(11)(1).
6. 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 shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection -Wetlands 242-1888
MassDEP File#
WPA► Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.I.. c. 131, §40 eDEP Transaction
l
North Andover
Cityl-town
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
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 Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order,which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number 242-1888 "
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 MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA 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 #k13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
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 at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided uYMuaoep: |
Bureau Of Resource PnofeCti Wet
lands 342-1888
����� � � ���� � �� m�^�^
LI I- omn �� Form ~� -- ��u ����� ��m ������x��uUons �
Massachusetts Wetlands Protection Act K0.G.Lu. 131. §40 oo�PTmn^«m/no# '
North Andover
C' General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start ofwork, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetiand in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in o wetland or water body. During oonairuchon, 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 hy this Order.
19. The work associated with this Order(the "Project")
(1) is subject ho the Massachusetts ShzrnnvvmharStandards
(2) im NOT subject to the Massachusetts StormwaterStandards
|f the work io subject tothe Stmrmmvveter Standards,then the project is subject tothe
following conditions:
a) All work, including site preparation, land disturbance, construction and redeve|opment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the StormvvaLe, Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit oo required byStorn)wmtnr Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BK8Po) shaU remain in place until the site |a fully stabilized.
h\ 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 BKHPa intended tobeconverted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the �
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the B[WP 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 |o fully stabilized; '
/ii. any illicit discharges to the storrnwater management systern have been removed, as per
the requirements of5tormwoterStandard 10, �
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1888
-Mass P File#
WPAr, Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Nort Transaction It
North Andover
Ciiy/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
iv. all post-construction stormwater BMPs are 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&M Plan") and certifying the following:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater 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 BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242 1888
_...... _...-.. ...............
.._..
MassDEP File#
WPA Form 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP 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 BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1888 _....__
MassDEP File#
f n WPA► Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityfrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1 Munici p at ordinance or B ylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 190
1.Municipal Ordinance or Bylaw et. Seq.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department mf Environmental Protection Provided bvMa«oDEP:
242-i888
Bureau Of Resource Protection - Wetlands
����� � � Order � o� �~�~ ---- ' —''
��x v� Form � �� ������� �� `�����u�������
Massachusetts Wetlands Protection Act yN.[3.L. C. 131. §40
North Andover
E. Signatures
This Order is valid for three years, unless otherwise specified as special
condition pursuant to General Conditions#4'from the date of issuance. 1,Date of Issuance
P|oonm indicate the number of members who will a|An this form.
This Order must bo signed byo majority of the Conservation Commission. 2.NumhorvfSigners
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed ur hand delivered mt the same time tothe appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
�
�
hA iA - �
SigOat re Printed Name
Signatdre Y Printed Name
Signature Printed Name
,,SJgn6' a Printed Name
Ign Printed Name
ij
kA
lgnature,')� Printed Name
�l hand �� by return receipt
�� _, ' .
� requested, on
T�J�------ n�e ---
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�
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4
Massachusetts Department of Environmental Protection Provided uymanIDEp
Bureau Of Resource Protection -Wetlands 242-1888
������ � � Order � �� ��~�.
m�n ^� Form � �� ���^��� ��o ~����u����ons
Massachusetts Wetlands Protection Act K8.G.L. C. 131. 840 noepTmnoo*iuu4
North Andover
wn
F, Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
|8DU subject h}this Order, or any ten residents of the city or town in which such land is |ooRbed,
are hereby notified of their right h» request the appropriate MassDEP Regional Office tp 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 CMR 10.03(7)within ten business days from
the date of issuance nf this Order. A copy of the request shall aithe 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 ofthis project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 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.
�
�
�
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1888
MassDEP File#
WPA Farm 5 - Order of Conditions
.........L ............. .....----.----------
IY\i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
Cityrown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order 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 Cornmission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at;
50 Hay Meadow Road 242-1888
Project Location MassDEP Fife Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
for: Brian Hughes -.__...
Property Owner
and has been noted in the chain of title of the affected property in:
17823 122
Book Page
In accordance with the Order of Conditions issued on:
05-15-24
__...------._..._._...- __._.._....___. . _......._.___ ......___. .__
Date _..._-.._ ._ ...._..._..____... .... _----
If recorded land, the instrument number identifying this transaction is:
-._......
Instrument.Number
----
If registered land, the document number identifying this transaction is:
—.
Document Number .
Signature of Applioant
wpaform5.doo•rev 5/18/2020 Page 13 of 13
50 Hay Meadow Road DEP TILE # 242 -1888
Findings of Fact
Current Project Site Conditions: The I.-acre project site currently consists of an existing single-family
house located within the Residence 1 District zone,constructed around 1980, with associated septic
system, driveway, lawn, landscaping and utilities.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by Conservation Department staff and as reflected on the approved plan.
These resource areas are significant to the interests of the Act and Town Bylaw as noted above and
therein. The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests in the Act and Bylaw:
a. Bordering Vegetated Wetland (BVW) -Wetland Flags WF1 -WF12
b. 100-Foot Buffer Zone to BVW
c. The property is within the 200-Foot Riverfront Area associated with Fish Brook
d. The property does not lie within NHESP Priority Habitat
e. The property does not lie within the 100-year floodplain
f. The on-site resource areas are not known to contain certified or potential vernal pools
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.
GENERAL CONDITIONS
21. The proposed work includes: upgrade existing Title 5 failed septic system, and install a new
replacement system including a 1,500-gallon monolithic septic tank, D-box and soil absorption
leech field totaling 840 square feet. The proposed system and associated grading will be
located within the 100-foot buffer zone to BVW and the outer reaches of the 200-foot
Riverfront Area associated with Fish Brook. At its closest, the leaching field will be located 52'
from the BVW and associated grading will be 36' from.the BVW. A temporary gravel
construction entrance and crushed stone filter berm will be installed to accommodate access to
the work area. No other:work is proposed. The system has received approval from the North
Andover Board of Health.
22. The work shall conform to the following (except as noted in the remainder of this document
where revisions may be required):
50 Hay Meadow Road DE P bile H242-1888 NACC Findings&Special conditions
Page I of I I
50 Hay Meadow Road DEP FILE 4 242 -1888
Notice of hntent & associated attachments filed. by: Brian Hughes
50 I-lay Meadow Road
North Andover, MA 01845
Site Plans prepared by: Merrimack Engineering Services
"Subsurface Sewage Disposal System" - 2 Sheets
Signed and stamped by Vladimir L Nemchenok, PE
Scale 1" = 20'
Final Revision dated April 11, 2024;
Other Documents: Board of Health approval letter, dated October"1.1, 2023
23. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of Intent,
supporting documents and this Order of Conditions. The NACC shall be notified in writing
within 30 days of all transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
24. The conditions of tl-iis decision shall apply to, and be binding upon, the applicant, owner, its
employees and all successors and assigns in interest or control of the subject property. These
obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the
property.
25. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revolve or modify this Order.
26. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
27. 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.
SO I lacy Meadow Road DEP File#242-1 888 NACC Findings&Special Conditions
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50 Hay Meadow Road DEP FILE Al 242 -1888
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 days (30) prior to
the expiration date of the Order (Refer to Section 8.3) of Hie Nortli Andover Wetlaiid Regulatiom).
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. The Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established tinder 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. 4'his 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 frorn failure to
comply with its conditions.
35. Issuance of these Conditions does not in any way imply or certify that the site or downstream
areas will not be subject to flooding, storm damage or any other form of water damage.
1[PRItJR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department or
Court have been completed.
37. This Order, 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
narne 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
50 I-lay Meadow Road Dfil?File#242-1888 NACC Findings&Special conditions
Page 3 of 1 I
50 Hay Meadow Road DEP I+'ILE #242 -1888
owner of the land upon which the proposed work is to be done. The recording information
shall be submitted to the North Andover Conservation.Commission on the form at the end of
this Order prior to commencement of the work. Any Order not recorded by the applicant
before work commences may be recorded by the NACC at the applicant's expense.
38, A check payable to the Town of North Andover shall be provided in the amount of$2,500 (two
thousand five hundred 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,
39. The applicant shall designate a Wetland Scientist (or other enviromm-nental professional as
approved by the NACC or its agents) 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.
40. At least once during each week in which construction activities occurs on-site and for as long
thereafter as ground remains unstabilized, the applicant shall submit a written report with
photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of
their knowledge 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 sedimnentation/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
41. A sign shall be displayed at the site not less than two square feet or more than three square
feet in size bearing the words ""Massachusetts DEP, File Number 242-1888."
50 1lay Meadow Road DEP File#242-1888 NACC Findings&Special conditions
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50 Hay Meadow Road DEP FILE # 242 -1888
42. Prior to any work commencing on-site, the applicant 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.
43. Wetland flagging shall be checked in the field prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can be
monitored. 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.
44. A row of staked 12" minimum compost Filtrexx Si1tSox (or equivalent bark mulch-filled
sock,NOT straw) shall be placed between all construction areas and wetlands in locations as
noted on the approved plan. Due to the steep nature of the slope leading down to the
wetland resource area, an additional row of staked 12" minimum compost Filtrexx SiltSox
(or equivalent bark milch-filled sock, NOT straw) backed by staked and entrenched silt
fence shall be installed 5`40' down gradient of the first row of erosion controls. These
controls are necessary to protect the wetland resources and buffer zones from negative impacts
due to soil disturbance and other facets of work. The erosion control barrier shall 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 additional erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed within
48 hours of the Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling,
additional 50 feet of 12" bark mulch-filled silt sock and sufficient stakes for staking. Said
sock shall be used only for the control of emergency erosion problems and shall not be used
for the normal control of erosion,
46. Prior to construction and in consultation with the Conservation Administrator, the applicant
shall permanently mark the edge of undisturbed wooded area with (8) signs or markers placed
on weather resistant monuments (i.e.,4x4 pressure treated or cedar posts firmly anchored into
the ground). The top of the posts shall be two feet above grade and spaced evenly roughly
every 35 feet incorporating the following text: "Protected Wetland Resource Area". This will
50 Flay Meadow Road DEP File#242-1888 NACC Findings&Special conditions
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50 Hay Meadow Road DEP FILE # 242 -1888
designate their sensitivity and assure no further inadvertent encroachment into the wetland.
Prior to installation in the field, the placement of these permanent markers shall be subject to
review and approval by the Conservation Administrator. The applicant/homeowner shall
instruct all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and be
replaced as necessary in perpetuity.
47. The approved plan and this Order of Conditions shall be kept on site, protected from the
elements, and in an area easily accessible to contractor and Conservation Department staff.
48. 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.
49. 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.
50. 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.
51. 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 pre-construction/pre-activity conference with a NACC representative,the contractor,
erosion control monitor and the applicant to ensure that all of the Conditions of this Order
are understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order
of Conditions resulting from failure to comply with its conditions. The applicant or contractor
shall notify the NACC in writing of the identity of the on-site construction supervisor hired to
50 1 lay Meadow Road DPP File#242-1888 NACC Findings&Special conditions
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50 Hay Meadow Road DEP FILE # 242 -1.888
coordinate construction.n 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
52. There shall be no increase in the post development discharges from the storm drainage system
or any other changes in post development conditions that alter the post development
watershed boundaries as currently exist, unless specifically approved in writing by the
Commission.
53. 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.
IJUIiING CONSTRUCTION
54. Upon beginning work, the applicant or monitor 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,
55. 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.
56. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,
loamed and seeded prior to November 1st of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate
conditions allow for seeding. During construction, any area of exposed soils that will be left
idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC,
57. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) unless
otherwise approved under this Order. Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
58. The construction access for the project shall be swept daily to remove sediment deposited by
construction vehicles accessing the site.
50 Hay Meadow Road DLP File#242-1888 NACC Findings&Special conditions
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50 Hay Meadow Road DI#.P I+ILE #242 -1888
59. No fuel shall be stockpiled within the 1.00-Foot Buffer Zone and refueling of construction
equipment shall be conducted outside the 100-Foot buffer Zone.
60. There shall be no stockpiling;of soil or other materials outside (on the wetland side) limits of
the erosion controls. A designated stockpiling area is called out of the approved plan.
61. All waste generated by, or associated with, the construction activity shall be contained within
the limit of work, and away from any wetland resource area. There shall be no burying of
spent construction materials or disposal of waste on the site by any other means. The
applicant shall maintain dumpsters (or other suitable means) at the site for the storage and
removal of such spent construction materials off-site. However, no trash dumpsters will be
allowed within 50' of wetland areas subject to protection under the Act or local Bylaw.
62. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
63. 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 1.00
feet of a resource area.
AFTER CONSTRUCTION
64. 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.
65. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (<
5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not
be used within 100 feet of a wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
66. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or the 25' No-Disturb Zone. This condition shall remain in perpetuity.
67. Upon completion of construction and grading, all disturbed areas located outside resource
areas shall be stabilized permanently against erosion. This shall be done by loaning and
seeding according to NRCS standards. Stabilization will be considered complete once full.
vegetative cover has been achieved.
50 Flay Meadow Road DET Pile?1242-1888 NACC findings&Special Conditions
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50 Hay Meadow Road DEP FILE 9 242 -1888
68. 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.
69. 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:
Y "As-Built" post-development elevations of all drainage & stormwater management
structures constructed within 100 feet of any wetland resource area.
Y "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 any disturbance of soils or vegetation.
Y 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:
25' No-Disturbance Lone and a 50' No-Construction Zone. Future work within 100'
of existing wetland resource areas will require a separate filing with.the NACC of
50 Hay Meadow Goad DEP file#242-I888 NACC findings&Special conditions
Page 9 of I I
50 Hay Meadow Road DEP FILE #242 -1.888
the Regulations for performance standards within these zones) The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive
these setbacks as established under the local Bylaw (Condition#33);
Resource Area Markers (Condition#46);
Y Discharge or spillage of pollutants (Condition #63);
Prohibition of underground fuels (Condition#64);
Limitations on the use of fertilizers, herbicides, and pesticides (Condition #65);
Y No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or the 25-foot No-Disturb Zone (Condition #66).
50 lfay Meadow Road DEP File 11242-1888 NACC Findings&Special conditions
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50 Hay Meadow Road DEP FILE # 242 -1888
APPENDIX A-AFFIDAVIT
11___.......____------------I------------ oii oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST 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 iwinbei)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions __----
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have
read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions,
4. 1 hereby affirm and acknowledge that on this day of—19
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 19—
(Signature-authorized agent of applicant or owner)
50 1 lay Meadow Road DEP File#242-1888 NACC Findings&Special Conditions
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