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Home My WebLink About242-1884, 49 Court Street OOC - Permits #242-1884 - 49 COURT STREET 6/14/2024 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1884 WPA Form 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cityrrown 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 Order of Conditions b.F1 Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Leah Petrosino Important: a. First Name b.Last Name When filling ........... out forms on c.Organization the 49 Court Street 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. rob a. First Name b. LastName c 6- -- - - .... ........................ ----------- Organization rarern d.Mailing Address ........................ ——---- e.—City/Town -------- f.State g.Zip Code 5. Project Location: 49 Court Street North Andover a-.—street Address b. City/Town Map 58 Lot 22 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d69m160s dl I ml 66 s d. Latitude e. Longitude vipaform9.doc rev 5118120?0 Page 1 of 13 4 K8ageanhueetha Department of Environmental prmtgmt|pn Provided uyMonnosp: Bureau of Resource Protection - Wetlands 242-1884 �� Order � Conditions m�n ^� Form � — .�� n v*��Uons Massachusetts Wetlands Protection Act M.G.L. o. 131, G40 ooeP Transaction# North Andover A. General Information (cont.) 8. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): NothmmEmsex a.County b,Certificate Number(if registered land) 12903 185 c.Book d.Page r. Dates: February 7 2024 June 12 2024 June14 2024 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): | Proposed Site I ts 49 Court Street a. Plan Title MillenniumEdnSottennan b. Prepared By c.Signed and Stamped by Juno4 2024 1"=10 d. Final Revision Date e.Scale f.aoowmompmommnnumomTm* V. Dow B. Findings 1. Findings pursuant hu the Massachusetts Wetlands Protection Act: Following the review ofthe 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 � �� Prevention of �� Public b �l Land � ^~ � �� Pollution i a 0 Protection of Private o Fisheries � ��~ � �� Wildlife Habitat g. 0 Groundwater Supply h� Z Storm Damage Prevention i 0 Flood Control Z This Commission hereby finds the project, as proposed, is: (check one of the following boxes) | Approved subject to: ! a. 0 the following conditions which are necessary in accordance with the performance � standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above. the following � General Conditions, and any other special conditions attached to this Order. To the extent � that the hmHnvvinQoondiUonamodify ordi�arhom the plans, epgdficaUons. ornthor � proposals nubrn|thad with the Notice of Intent, these conditions shall control. � 4 Massachusetts Department of Environmental Protection Provided by MassDEn: Bureau of Resource Protection - Wetlands 242-1884 — MassDEP File# WPA Form Order of Condition Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town B. Findings (cunt.) 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 27' 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 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y 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 s. ❑ Riverfront Area -------- a.total sq.feet b,total 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 vipaform5.doc-rev 5/18/2020 Page 3 of 13 4 Massachusetts Department pfEnvironmnenba| proteuton Provided b9maaoeP: 2421884 Bureau of [�eSDU[ceProtection - \�/etl@ndG - �� Order � �� .�. —___ _ile' LAI ��o ^� " ��K� � �� "�� n ��Ku�� Massachusetts Wetlands Protection Act K8.G.Lo. 131. 84O eDsp Transaction x North Andover Cityrrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1V �� Designated � �� Indicate size under Land Under the Ocean below Areas ' 11. F1 Land Under the Ocean a.square feet h.square feet 12 Indicate size underCoastal Beaches and/or Coastal Dunes � ��l~ Barrier Beaches below 15. [] Coastal Beaches ~~yd, `^ yd a.square feet b.square feet c.nourishment d. nourishment ou d yd 14� �� Coastal Dunes co a.square feet b.square feet c.nourishment d. nourishment 15. F� Co��t�| 8�nk� �� a.linear feet-- b_linearwrm�� 16. Rocky Intertidal Shores o.square feet b�oquonafeet 17. Fl Salt Marshes a.square feet square feet c.square feet d.square feet 18, Fl Land Under Salt Ponds a.square feet h.square feet 19. Fl Land Containing Shellfish m.oqumm�*i b.uquomfem o�aquam�ao� V.o9uam*av\ 20, [:l Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under VVob*rbodieaand Waterways, above a.c/y dredged b.cly dredged 21. F] Land 8ubiectto � ' � Coastal Storm e.u4uanafeet b square feet Flowage � � 22. El Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100ft c.square feet d.square feet e.square feet f.square feet Sqft between 1OO- � 200ft q.square feet square feet i square feet j.square feet i wnaf"mudoc'rev anumo20 Page 4mm 4 Massachusetts department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242 1884 r WPA Form 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Forth Andover City/Town B. Findings (cunt.) p 23If the . is far 23. ❑ Restoration/Enhancement*: the purpose of rest enha ncing enhanncing a w or a.square feet of BV __....... b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square _ _— footage that a.number of new stream crossings b. number of replacement stream crossings ---.............. has been C. general Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bwv)or The following conditions are only applicable to Approved projects. B.17.c(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 this Order. the additional g y y 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)(0. 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. wpaforrn5.doc•rev 51181202.0 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1884 V WPA► Form 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover ------- CityCT owf7 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 242-1884 " 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#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 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. wpaform5.doc-rev 5/1812020 Page 6 of 13 4 � i Massachusetts Department of Environmental Protection Provided bYmacsosp: Bureau of Resource Protection - Wetlands 242'1884 K�� A� ��^� � �� «�^�~ ��. w� Form � �� ~�n�u�� o `��ons Massachusetts Wetlands Protection Act K4.G.LC. 131. §40 eDEp Transaction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act /CoUt\ 17. Prior to the start of work, and if the project invo|masworkediocenttoaBovderinQVegebated Wetland, the boundary ofthe 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. At no time shall sediments be deposited in a wetland or water body. During construction, 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 ao the limit of work unless another limit nf work line has been approved by this Order. 1g. The work associated with this Order(the ^P jaoC') (1) is subject b)the Massachusetts 8torn)wxaharStandards (2) M io NOT subject tn the Massachusetts Sh>rmvveterStandards |f the work is subject tm the Stornnvvatmr Standards, then the project ismuhieottothe following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit oo required byStornnvvatar Condition 8. Construction period � � erosion, sedimentation and pollution control measures and best management practices � (ByWPs) shall remain in place until the site im fully stabilized. � b\ NostVrmvvoter runoff may be discharged ho the post-construction ahormwoberBKUPa unless and until 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 8yWPm intended tobeconverted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including � removal of all construction period sediment trapped in inlet and outlet control structures; fi. es'bui|t final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site in fully stabilized; iii. any illicit discharges tothe stornlwmt*rmonoggmont system have been removed, asper � the requirements nfStornnvveterStandard 10; � %vpam,°o.doc'rev ox*zmo Page rmm 4 Massachusetts department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1884 WPA► Farm 5 — Order of Conditions MassDEP Fiie i# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Ciiy!`f oven C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 pertnittee 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. wpaform5.doc•rev 5/18/2020 Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: L1) Bureau of Resource Protection - Wetlands 242-1884 WP`A Farm 5 — Order of Conditions MassdEP File# ..__.. ...... ........... Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover ......_.... ......._.. . .... C ty/Town C. General Conditions UnderMassachusetts Wetlands Protection Act (cant.) 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 13MPs 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 wpaforrn5.doc•rev 5118/2020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided hYM«« psp: � 2421884 Bureau of ��eSQO[O8F�PD[eCtiOO - WetlandsMas- �� o� �^�^ LV �mu r� Form *v �� n ~�� " ��8�v*��ons Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 oospTmnmauxnn# North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. |ea municipal wetlands bylaw or ordinance applicable? 0 Yen El NV o. The NodhAndomar hereby finds (check one that gpp|ieg): o. El that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw, mpen|Ona||y: 1.Muninipa|bodinan 2_C��n--- Therefore, work Vn this project noeynotgufowvan] un|essandun(i| mnevisedNnUoeof Intent is submitted which provides measures which are adequate to meet these standards, and s final Order of Conditions imissued. b. M that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection Bylaw& Regulation Chop. 190 1.Municipal Ordinance orBylaw ecaeq S. 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 o text dnnument): North A d Conservation Commission Findings & Special C di i � | � 4 Massachusetts Department o{Environmental Protection Provided byMumsDEP: � 242 |884 ��UFe8UDf Resource P�teCtiOD - �6�l@Uds - ��J� 8� �� Order � Conditions '~~~~~ ' ^`'' Ll �rx u� Form � � ~�� u ��Uons Massachusetts Wetlands Protection Act K8.G.L. C. 131. §4O North /\ndover E~ Signatures This Order in valid for three years, unless otherwise specified uuuspecial condition pursuant ho General Conditions#4.from the date o/issuance. 1. Dateu[|ouuonue ` Please indicate the number of members who will sign this form. This Order must bv signed bya majority of the Conservation Commission. 2. 0 um6 erof3ignom The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy alsomuotbomai|odu/hmnddm|ivomdatthesemeUmohutheappmprimhaOepmrtmentof Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sig ia�tre,i Printed Name t\ ignat r Printed Name Signatt Printed Name-" ignature Printed Name El by hand delivery on 9 requested, on 6-N- 7A by certified maU, return receipt � wpafo"ms^n '"°xnuow Page//mm 4 Massachusetts Department mf Environmental Protection Provided»yMu» oep Bureau Of Resource Protection - Wetlands 242'1884 &�� 0� �� Order � Conditions wnn rm Form � �� x `��UuUons Massachusetts Wetlands Protection Act K8.G.Lc. 131. 840 eosp Transaction# North Andover F. Appeals The applicant, the owner, any person aggrieved by this Ordar, any owner ofland abutting the land subject to this Onder, or any ten residents of the oib/or town in which such land in 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 mode by certified mei| 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 CKAR 10.03(7) within hen business days from the date nf issuance of this Order. A copy nf the request shall et the same time be sent by certified mail or hand delivery to the Conservation Commission and ho the applicant, if he/she |o not the appellant. Any appellants seeking ho appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Pn*vinus participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public haaring, requesting m Superseding Order, or providing written information to the Deportment prior to issuance of Superseding Order. � The request shall state o1aor|y and concisely the VbienUnno to the Order which in being appealed and how the Order does not contribute to the protection nf the interests identified in the Massachusetts Wetlands Protection Act/M.G.L. o. 131. §4U>. and ia inconsistent with the wetlands regulations (31OCK8R1O.00). To the extent that the Order ia based onamunicipal 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 bywmmsoEp: Bureau of Resource Protection - Wetlands 242-1DO4 K��J� �� Order � Conditions -- -- —' nnn ^� Form � �� "�� o ��UuUons Massachusetts Wetlands Protection /\Ct M.G.L. C. 131, §40 eosp Transaction# North Andover G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case ofrecorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order, In the mooe of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner nf the land subject to the Order of Conditions, The recording information on this page shall he 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. -------------------------------------------------------' /n: North Andover Conservation Commission Please be advised that the Order cf Conditions for the Project ed: 48Court Street 242-1884 Project Location MassDEP File Number Has been recorded nt the Registry uf Deeds of: Northern Essex ounty Book Page foc LomhP*tnns|noProperty Owner i / � and has been noted in the chain of title cd the affected property in: � 12903 165 ook Page |n accordance with the Order of Conditions issued on: O6'14-24 If recorded land, the instrument number identifying this transaction is: / If land, � _ ' � ' °*amm5.uoc'rev anoomo Page mwn 49 Count Street #242-1884 Findings of Fact Current Project Site Conditions: The 0.30-acre project site currently consists of an existing single-family house constructed in 1962 associated driveway, lawn, landscaping and utilities. The project site has not been subject to formal permitting with the North Andover Conservation Commission (NACC), The NACC agrees with the delineation of the following wetland resource areas as inspected & adjusted on site by the Conservation Field Inspector and are reflected on the approved 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) (associated with an intermittent stream that flows in between Court Street & Osgood Street) - Wetland Flags Al-A6 b. 1.00-Foot Buffer Zone to BVW c. The property does not lie within NHESP Priority Habitat d. The property does not lie within the 100-year floodplain or 200-Foot Riverfront Area In May of 2022 the Conservation Field Inspector visited the site pursuant to a hazardous tree removal request submitted by the homeowner. Pursuant to the homeowner's inquiry about a possible patio and fence installation, the Field Inspector advised that other activities would require separate permitting with the NACC. A tree removal approval letter was issued shortly thereafter:, which included a cautionary paragraph reminding the homeowners that any other work within the buffer zone to the bordering vegetated wetland associated with an intermittent stream on site required separate permitting with the NACC. On June 21, 2022 the Conservation. Department was made aware of and observed unauthorized importation of fill/stone, significant ground disturbance and additional tree removal beyond what was approved within the Buffer Zone, which was not discussed or contemplated as part of tree removal logistics, The Conservation Department issued an Enforcement Order (EO) for these violations, ordering that all work cease, erosion controls to be installed, and attend the July 13,2022 NACC meeting. At the July 13t1a meeting, NACC issued an amended EO requiring the homeowner to engage a wetland consultant to delineate the wetland and serve as an erosion monitor no later than August 1.0, 2022, and submit a surveyed/engineered site plan showing existing conditions no later September 1, 2022. These directives were followed and at the August 10, 2022 meeting, the NACC issued a 21id amended EO requiring, removal of the fill from within the 25' No Disturbance Zone, stabilization of fill slope and proposed project site plan to be submitted. At the September 2801 meeting, the Commission issued a 3rd amended. EO requiring all work to continue to cease and desist, continue monitoring and ensure all areas are stabilized, submit a Notice of Intent for after the fact permitting of unauthorized work and of proposed work to be done. This NOI and. OOC are resulting requirements of this enforcement matter. 49 Court Street 4242-1$$4 NACC Findings&Special Conditions Page 1 of 13 49 Court Street 9242-1884 Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. 'F o 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: a. Activities subject to after the fa�ermitting include: fill import, grading to create a level backyard outside the 25' NDZ, patio construction,45 s.f.. of which is within the 50' NBZ, installation of a steel picket fence and arborvitaes were installed at the top of the fill slope, which are in the 50' NBZ but outside the 25'NDZ. At the June 12, 2024 meeting, the NACC reviewed the applicant's for a waiver, and voted to grant the waiver for the patio construction. b. Proposed activities include: 340 s.f. extension of the paved driveway outside 50, sections of privacy fencing, and existing fence relocations, 8x8 shed outside the 50', drainpipe installation to capture roof runoff to daylight at two separate riprap apron velocity reducers, the northerly of the two on a steeper part of the fill slope. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent associated attachments filed by: Leah Petrosino 49 Court Street North Andover, MA 01.845 Wetland Consultant: Sergio Bonilla Mission Wetland & Ecological Services, Inc. P.O. Box 4:028 Potsmouth, NH 03802 Surveyor: Millenium Engineering, Inc. Eric Sotterman, PE 62 Elm Street Salisbury, MA 01952 Approved Site Plans & Documents: 49 court Street 042-1884 NACC Findings&Special Conditions Page 2 of 13 49 Court Street #242-1884 ® "Plan to Accompany a Notice of Intent Proposed Site Improvements", prepared by Millennium Engineering, Inc., signed and stamped by Eric Sotterman, PE, scale 1"=10', revision dated June 4, 2024 23. The term "Applicant" as used in this Order of Conditions shall refer to the owner:, any successor in interest or: successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 24. The conditions of this decision shall apply to, and be binding upon, the applicant; owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 25. Failure to comply with all conditions stated herein, and with all related statutes and other:regulatory measures, shall be deemed cause to revoke or modify this Order. 26. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental.Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 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. 27. `Phis Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days 30prior to the expiration date of the Order (Refer to Section 8.3) of the North Airrlover Wetla37r.1 Regulations). 49 Court street 11242-1.884 NACC I"itulings&Special Con€litions Page 3 of 13 49 Court Street #242-1884 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation.Commission shall be a party to all agency proceedings and hearings before the Department. 32. 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 fiftyfoot oot (50`) No Build lone shall be established from the edge of the adjacent Bordering Vegetated Wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Sectioli 3.4 & Appendix F of the local Regltlatiolrs). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title agree that the Carder does not in itself impose upon the Town any responsibility to maintain the proposed any 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. 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. PRIOR TO CONSTRUCTION O Court Street 4242-1884 NACC Pindings&Sl)ecittl Conditions Page 4 of 13 49 Court Street #242-1884 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 shall be recorded, in its entirety, by the applicant at the Registry of. Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. Within 30 days of the issuance of this Order, the existing trampoline and swing set shall be removed from the 25-Foot No Disturb Lone to a location outside the 50-Foot No Build Lone if the homeowner plans to keep them on site and completely remove from site. In addition, all errant foreign debris, plastic piping, loose construction debris, yard equipment shall be removed from the slopes on the property and any that may have spilled on to the abutting properties. 39. The approved plan is hereby modified so that the proposed rip rap apron velocity reducer, which points toward the northern property line, shall be repositioned so as to direct water to the west or south west away from the abutting property at 37 Court. Street. 40. A check payable to the Town of North Andover shall be provided in the amount of three thousand dollars $3,000 which shall be in all respects satisfactory to Town Counsel, Town "Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and.Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion. of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 41. The applicant shall engage the services of a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) to serve as an"Erasion Control Monitor" to monitor erosion and site controls and oversee any emergency placement 49 Court Street #242-1884 NACC;Findings&Special Conditions Page 5 of 13 49 Court Street #242-1884 of controls and regular inspection or replacement of sedimentation central devices. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 42. At least once during each week in which construction activities occurs on-site and for as long thereafter: as ground remains unstabilized, the applicant shall submit a written report with photographs from the "Erosion Control Monitor„ to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Carder 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. J he 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. 43. A sign, visible from the street, shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Mass. DEP #242-1884." 44. Wetland flagging on site shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and. wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 45. At a)minimum,the existing row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall remain properly installed between all construction areas and wetlands as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erasion. All additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from 49 Court Street #242-1.884 NACC Findings&special conditions Page 6 of 13 49 Court Street #242-1884 site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control pleasures 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. 46. `:l'he applicant/contractor shall have on hand at pre-construction meeting, removal or stockpiling, additional 25 feet of mulch sock and sufficient stakes for staking, both covered from the elements, and shall be used only .for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. The erosion controls shall serve as the limit of work. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 48. Prior to any work commencing on site, the edge of 25' NDZ shall be monumented with five (5) weather resistant posts (i.e. 4x4 pressure treated posts or cedar posts) that shall receive wetland markers. These posts and markers shall be installed at roughly 25-foot intervals facing upland. Posts shall be installed at each side property line and evenly spaced in between. Said markers shall incorporate the following text on their upland side: "Protected. Wetland Resource Area", This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Said markers are available for purchase in the Conservation Department at Town.Hall. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 49, The use of polymeric sand for the patio installation is strictly prohibited in the patio. A bill of lading for pervious sand infill material shall be provided. 50, Prior to any work commencing on-site and in time for the on-site pre-construction meeting, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 51, No changes to the approved plan shall be implemented in the field until written approval has been anted 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. 49 Court Street #242-1884 NACC;Findings&Special conditions Page 7 of 13 49 Court Street #242-1884 52. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. Note: The Building Permit for the shed shall have been applied for at the time of a pre-installation meeting with the Conservation Department, and Conservation Department sign off will not be granted until pre-construction conditions are satisfied. 53. 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. 54. 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. 55. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood, This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. 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). 49 Court Strcet #242-1884 NACC Findings&Special conditions Page 8 of 13 49 Court Street #242-1884 STORMWATER MANAGEMENT CONDITIONS 56. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved.by this Order of Conditions, unless specifically approved in writing by the commission. 57. Water quality in down gradient BVW's shall not differ significantly following completion of the project from.the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 58. 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. 59. 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 on in or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 60. 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. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 49 Court Street 112,12-1.884 NACC Findings&Special conditions Page 9 of 13 49 Court Street #242-1.884 62. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing the site and avoid tracking on to public right of way. 63. All materials stockpiling area shall be outside the 100-Foot Buffer 'Lone at the front of the house as shown on the approved plan. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 64. 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 Clumpsters will be allowed within 50 feet of the edge of 1V W. 65. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 1.00 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (1.00) 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. 69. 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 Towns Wetland Protection Bylaw and shall remain in perpetuity. 49 Court Street 1124 2-1 8 84 NACC Findings&Special Conditions Page 10 of 13 49 Court Street #242-1884 70. No sodium-based products shall be used for control of ice or snow within 1.00 feet of the wetland, 71, There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 72. 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. 73. 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 storrnwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. 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. 75. 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 Iandowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they react and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whore the compliance is to be granted. f. The street address and assessor's reap/parcel number for the project g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced. above, and as conditioned by the Commission. i. Check, payable to the Town of North Andover, for Certificate of Compliance filing fee (inquire with.Conservation Department for current fee rate). j. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil.Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: 49 Court Street 11242-188,1 NACC findings&special Conditions Page 11 of 13 49 Court Street #242-1884 "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 1.00 feet of any wetland resource area. S> "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 ALiy disturbance of soils or vegetation. 76. `l'he following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No Disturbance Zone and a 50' No Build Zone & 50' No Disturbance Zone and 75' No Build Zone. future work within 1.00' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); Resource Area Markers (Condition #48); S� Discharge or spillage of pollutants (Condition #67); Y Prohibition of underground fuels (Condition #68) Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions # 69 & #70); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #71). Prohibition of the use of coal tar based products for paving (Condition#73). O Court Strect 4242-1884 NACC l,indings&c Special Conditions Page 12 of 13 49 Court Street #242-1884 APPENDIX A- AFFIDAVIT 11 on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Condit-ions have been placed upon by WEP or NACC munber) 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 have received said Order of Condit-ions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions, 4. 1 hereby affirm and acknowledge that on this-day of '19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed Linder the pains and penalties of perjury this-clay of 19 (Signature-authorized agent of applicant or owner) 49 Court Street 11242-1884 NACC Fiii(fings&Spe6d Conditions Page 13 of 13