HomeMy WebLinkAbout242-1885, 416 Abbott Street OOC - Permits #242-1885 - 416 ABBOTT STREET 7/1/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands 242-1885
MassDEP i=ile#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEF'Transactic�n.�__ ......
Forth Andover
-Cit _y/To wn......_ ............. ......_
A. General Information
Please note: North Andover
this form has 1. From:been modified Conservation Commission
with added 2.This issuance is for
space to a.® Order of Conditions b. ❑Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
David Zieja
-- --------- -----
a.First Name b. Last Name
Important:
Whenfilling _........... ............ ..._ — _-----_.._. ......................------.__------------_.._._..._-_--
out forms on c.Organization
the 416 Abbott Street
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 q, Property Owner(if different from applicant):
return key.
r� a. First Name b. Last Name
c.Organization _...
--------
d.Mailing Address
-_..........w_. —
e.Cityri own f.State g.Zip Code
5. Project Location:
416 Abbott Street North Andover
_ — _..._..... ..._...._._......._ .... ..... . ......... . ...
a.Street Address b. Cityrrown
Map 38 Lot 64
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d40' m22.8s -71d6' m6.372s
_ _.. .......... ......_� ._----------
d. Lati#ude e Longitude
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Massachusetts Department of Environmental Protection Provided uymnn DeP: �
BUP38U of ReSOU[c8 Protection - WeflGDds 242'1885
����� � � Order � Conditions
�wn ^� Form � �� ������ ��" `������uKons
Massachusetts Wetlands Protection Act &1.G.Lo. 131, §40 ,ammn#
North Andover
A. General Information (cont.)
8. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
NothemEssex
a.County b.Certificate Number(if registered land)
1G488 74
February2Q 2O24 June 2023 Ju| 1 2O24 |
c.Book d. Page
7� Dates: /
a. Date Notice of Intent Filed b. Date Public Hearing Closed c, Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references �
as needed): |
"Proposed Site Plan Showing Steps and Landing" (& Figures 8-10 prepared by Goddard '
Consulting)
�
Andover Consultants Inc. D�nnin/\ Ghomd b.Prepared By c.Signed and Stamped by
January 23 2024 1"=20' �
d.Final Revision Date e.Scale
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See Attached List of All Approved O and Plans
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,.^vmu n Ti
tle o� uom /
B. Findings �
t Findings pursuant tothe 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/V:). Check all that apply: �
e Prevention�� Public h El Land u �� �
�� � �^ Pollution �
L �� Protection d �� Private o �� Fisheries �� |
� �� � Wildlife Habitat �
g. M Groundwater Supply h� Storm Damage Prevention i. 0 Flood Control �
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2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
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Approved subject to: �
a. E 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 mf Environmental Protection Provided byMaomoEp:
242'1085
Res
ource Wetlands
����� � � Order � Conditions
��u �� Form ~� -- ���xuK�� ��u ��K���v�Uu�ons
Massachusetts Wetlands Protection Act K8.G.L. u. 131. §40 eoGpTmo*arhvn#
North Andover
B. Findings (cont.)
Denied because:
b� El 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 |e attached tothis
Order.
C. R the information submitted bythe 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.
TherefVre, work on this project may not go forward unless and until a revised Notice of |
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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 ho this Order ms per 310CK0R1U.OS(6)(m). �
3� M Buffer Zone Impacts: Shortest distance between limit nfproject <25' �
disturbance and the wetland resource area specified in 310CK4R 10.02(1)(a) restore �
Inland Resource Area |nupecba: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. �l Bank
`^ a-linear feet
-- b_linear feet
-- '.linear feet-- d_linea,feet�-
S. Fl Bordering
Vegetated Wetland e.square feet- 6.square feet
- o.square feet- d.square feet
0. E] Land Under
VVmbarbmdiee and a.square feet b.square feet o.square feet d.square feet |
VVohanwaym '
o.o/y dredged CWamaAad �
7. Fl Bordering Land
Subject toFlooding e.square feet b.square feet o.square feet d.square feet
Cubic Feet Flood Storage
a.cubic feet— f.cubic feet - 9.cubic feet i.cubic feet —
O. Fl Isolated Land
Subject toFlooding w.square feet b.square feet
Cubic Feet Flood Storage c�cwxc6°m m�^omx����� ,�,^x���t�� /�^�G���--
9. Fl RiverfnontArem
a.total sq.feet b.total sq.feet
SqK within 1OOft �
".square feet o.square feet °.square feet /.square feet �
Sq ft between iO0-
2O0ft V.*«umre feet h.square feet i square feet }.square feet
Massachusetts Department of Environmental Protection Provided by MassDEP:
242-1885
Bureau of Resource Protection - Wetlands
" -
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
-6ty/Town
-
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
io. F] Designated Port Indicate size under Land Under the Ocean, below
Areas
11. F] Land Under the
Ocean a,square feet b.square feet
111............. .111111 ............11111-1...............
c.c/y dredged d.c/y dredged
12. FJ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. [:1 Coastal Beaches CLI yd CLI yd
a,square feet b.square feet c,nourishment d. nourishment
14. El Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d, nourishment
15. 0 Coastal Banks a. linear feet b. linear feet
16. F1 Rocky Intertidal
Shores a,square feet b.square feet
17. n Salt Marshes
a,square feet b.square feet c.square feet d.square feet
18. El Land Under Salt
Ponds a,square feet b.square feet
c.c/y dredged d.c/y dredged
iq. El Land Containing .1,---------------
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. El Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. n 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
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Massachusetts Department mf Environmental Protection Provided by Mamunsp:
Bureau of [7eSOU[Ce Protection - Wefl8OdG 243'1885
L'�'IT ����� � � Order � �� «�~�~
��n �� u ����� =, -- ���v���� ��u ����K�v�0«U������
Massachusetts Wetlands Protection Act M.G.L. c. 131, G40 oosp Transaction#
North Andover
B~ Findings (cont.)
^#2a. |fthe 25 Restoration/Enhancement
pxjeo(isfor
� �Fl� nn
the purpose vf
restoring or
enhancing a.Square fee—`--'— ~.square feet~salt^'~'~^
wetland
resource area 24. [1 SbeomCroaaing(o):
in addition to
the square
footage that a. number m new stream crossings u number m replacement stream crossings
has been
C. Genera[ Conditions Under Massachusetts Wetlands Protection Act
entered in
Section o.5.c
(oVVV)or The following conditions are only applicable to Approved projects.
B.1ro(Go|t |
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and otherplease '
enterthe | regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here, 2, The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury tVprivatapropedvurinvmoionofprivehehghta.
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 shaLutes, ordinmnceo, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either ofthe following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
h. The time for completion has been extended toa specified date more than three years,
but less than five yeara, from the date ufissuance. 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 mna special condition in this Order. |
c. If the work is for a Test Project, this0ndernfCnndiUnnssha|| b* va|idfornVmonathmn
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 mayboextendedh/rone
additional year only upon written application by the applicant, subject to the provisions of 310
CK8R 10.05(11)(f).
O. 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 nn unless extended in writing by the Department.
7. Any fill used in connection with this project ehoUbeo|eenfiU. Any0| ohoUoontainnotnush, �
refuse, rubbinh, or debris, including but not limited to |umbar, briokm, p|oeh»r, vNn*. 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»yMeo osp �
BUFeGU of Resource Protection - Wetl@Dd8 242-18O5 |
K������ 0� �� ���^� � Conditions
1v— —ile'
�mu �� Form ~, �� ��uv���� K�� ����U�^*�u�������
Massachusetts Wetlands Protection Act WY.G.Lu131, 84D mD EPTranom t 1 o n#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been hsken, until all proceedings before the Department have been
completed.
8, 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 |ocahad, 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 nn the form et the end nf this Order, which form must be
stamped by the Registry of OeaUs^ 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 2424885 "
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 N1aooDEP.
12� Upon completion of the work described herein, the applicant shall submit a Request for
Certificate nf Compliance (VVPA Form 8A) ho the Conservation Commission.
11 The work shall conform to the plans and special conditions referenced in this order. i
14. Any change to the plans identified in Condition#13 above shall require the applicant to �
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of new Notice of Intent. �
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15. The Agent or members nf the Conservation Commission and the Department nf �
Environmental Protection shall have the right tV enter and inspect the area aubiacttothis
Order otreasonable hours ho evaluate ononp|iancawith the conditions stated in'this Order, !
and may require the submittal of any data deemed necessary bythe 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 hy this Order. �
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Massachusetts Department Vf Environmental Protection Provided by Ma»aosP: |
Bureau 0f Resource Protection - Wetlands 242-1885 |
����� � � Order � Conditions
mwx m� Form � �� ,����� ��u `��D��U�Uons
Massachusetts Wetlands Protection Act M.G.Lc. 131' §40 eocp Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior ho the start of work, and if the project invo|vmuvvorhadjanenttooBordoringVegebshad
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission,
18. All sedimentation barriers shall bemaintained 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 uonstruotion, 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 imrnmdimha|y control any erosion problems that Occur atthe !
site and shall also immediately notify (�Vmno|osion which nason/e��he
^ , �
right to require additional erosion and/or damage prevention controls it may deem |
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order(the "Project") |
(i) Elis subject b) the Massachusetts StormwabarStandards
(2) H ia NOT subject to the Massachusetts Storn1maharStandards
|f the work is subject to the StormnvvaterStendards'then the project is subject to the
following conditions:
a) All vvork, including site pnmpmnaUpn' land disturbance, construction and nedmve|oprnent,
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 Symh3rD
Construction General Permit as required by SLormvvubarCondition 8. Construction period
erosinn, sedimentation and pollution control measures and best management practices
(BW1Ps) shall remain in place until the site is fully stabilized.
b\ No ahormmmter runoff may be discharged to the post-construction atormwohar BN1Pa
unless and until o Registered Professional Engineer provides a Certification that:
i all construction period BK8Ps have been removed or will be narnovmd by odaho certain �
specified in the Certification. For any construction period BK8Pa intended tobaconverted �
to post construction operation for sb)r[Ovvahgrattenuation, recharge, and/or treatment, the |
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BNqP has been properly cleaned or prepared for post construction oparaUon, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BK4P plans are ino|udnd, signed and stamped by n Registered �
Professional EnQinoer, certifying the site is fully stabilized;
iii. any illicit discharges bz the mtornxwotar management system have been nernovad, as per |
the requirements ofSh/rmwaher Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDPP:
Bureau of Resource Protection - Wetlands 242 1885
WPC► Farm 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cant.)
iv. all past-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 bymonoPep:
242'1885
Bureau of Resource Protection - Wetlands
����� � � ���� � o� ��.�.
mmu �� Form ~v ~� Order ��n ������v�Uu�ons
Massachusetts Wetlands Protection Act K4.G.L. o. 191. §40 oEp Transaction w
North Andover
ityfrown
C' Geneyal Conditions Under Massachusetts Wetlands Protection Act /oont.\
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
atormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type Vf material and the disposal |ocaUon);
2. Make the maintenance log available toK0assDEP and the Conservation
Commission /"Connmiooion"\ upon request; and
3. Allow members and agents uf the K8assOEP 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 contarninants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, otshs, and local |avve and regulations.
i\ Illicit discharges tothe stnrmwater management syshemam defined io310CPNR10.O4
are prohibited.
]) 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.
|> 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
mt least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text �
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document):
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20 For Test subject tn31OCKAR1[iO5/11\. the applicant shall also imnlementthe
monitoring plan and the restoration plan submitted with the WoUno of Intent. If the
conservation commission or Department determines that the Test Project threatenathe |
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project andirenbadbvth000nsen/aUnn �
cnmnnissionor the Deportman� �
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Massachusetts Department wf Environmental Protection Provided uyMm^«oEr:
Bureau of Resource Protection - WetlaDd8 242'1885
����� � � Order � �� �~�~
m�o w� Form � �� "����� ��n ������U�Uons
W1oaaoohU5etts VVeU8DdS Protection Act M.G.L. o. 131' §40 ooepnunopuionw
North Andover
Gityfrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. |sa municipal wetlands bylaw o/ordinance applicable? 0 Yes F] No
2� The North Andover hereby finds (check one that app|imo):
a. El that the proposed work cannot be conditioned to meet the standards set forth in o
municipal ordinance orbylaw, specifically:
—2. Cftaflon__
Therefona. work on this project may not goforward unless and until a revised Notice of
Intent in submitted which provides measures which are adequate to meet these �
�
standards, and a final Order of Conditions inissued.
b. M that the following additional conditions are necessary ho comply with amunicipal
ordinance orbylaw:
North Andover Wetlands Protection Bylaw& Regulations Chop. 190
I.Munioipo|Ordinance nrBylaw eLoaq. |
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 m text docurnent): |
North A d Conservation Commission Findings &.SpecialC dii
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDE -i
P
WPA Form — Order of Conditions MSsDEPFiIe�_..____._.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ebi PTransaction#.............
- North Andover
CityfTown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4,from the date of issuance. 9. Date of Issuance
Please indicate the number of members who will sign this form. _
This Order must be signed by a majority of the Conservation Commission, 2. Numb r of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Printed Name
.. _ ,..
Printed _._.._.._..............
< ���� � Names.
�
---------------
Signature,,-,' Printed
Si nakur �I Printed Name
9
�� A 1�
_._
Signatu e �° Prf ked Name
r�
Signakure i Prinked Name
Signature Printed Name
Signature Printed Name
❑ by hand delivery on IT by certified mail, return receipt
requested, on
_..._ ........_..._. ._..._._._ ........._
Date Date
wpaform5.doc rev 8/3/2023 Page 11 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1885
�MassDEP File#
WPA Farm 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Gity%T'own
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request 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 CMR 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.
wpaform5.doc rev 5118/2,020 Page 12 of 13
4
Massachusetts Department of Environmental Protection Provided byMassDEP:
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Massachusetts Wetlands Protection Act K8.G.Lo. 131. 840 eoEp Transaction#
North Andover
CityfTown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Lend Court for the district in which the land is located, within the chain of title of
the affected property. In the case ofrecorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order 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 ho the Conservation Commission listed below.
North Andover
Detauhondo#ed |ine. havashampedbvthaRaginkvo[Omadxandaubmnithothe(}onoervmHon
Commission.
- - - '---'----'---''--'----'''- - - -'----'---''-'------ - -------'-'--'
/o:
North Andover
Please bg advised that the Order nf Conditions for the Project at
410 Abbott Street 2424885
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
David,4i
for:
and has been noted in the chain of title of the affected property in: |
�
16488 74 �
Book Page
|n accordance with the Order of Conditions issued on:
Date
|f recorded land, the inatrument number identifying this transaction is: |
I ristrument Number
|f registered land, the document number identifying this transaction is:
^.»..a."="."''"^^," '
416 Abbott Street #242-1.885
Findings of Fact
Current Project Site Conditions: The 0.55-acre project site currently consists of an existing
single-family house built around 1970,with associated driveway, patio, lawn, landscaping,
in-ground pool and utilities. Portions of the property are wooded and contain vegetated.
wetland resource areas.
The project site has been subject to previous wetland permitting with the North Andover
Conservation Commission (NACC), which includes the following:
O 2003 - RDA, Neg. #3 DOA.for the construction of an addition located between the rear
of the existing house and the existing in-ground pool
The NACC agrees with the delineation of the following wetland resource areas, as inspected
by the Conservation Administzator in the field and 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) -Wetland Flags A6-17A &Wetland. Flags
136-131.1. *Note - during the 2003 RDA application process, only the "A"
wetland series was identified and delineated. The "B" wetland series was
discovered during this NOI process.
b. 100-Foot Buffer Zone to BVW
c. The property does not lie within NHESP Priority Habitat
d. The property does not lie within the 100-yeas floodplain or 200-Foot Riverfront
Area
This NOI and OOC serves as after-the-fact permitting that resulted from an Enforcement
Order issued for wetland violations that included unpermitted patio construction, soil.
disturbance, and installation of roof and foundation drainage piping occurring within the
1.00-Foot Buffer Zone and subcones of 25-Foot No disturb Zone and 50-Foot No Build Zone.
Therefore, the NACC hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
GENERAL CONDITIONS
416 Abbott Street #242-1885 NACC Findings&Special Conditions
Page 1 of 1 3
416 Abbott Street #242-1885
21. The work includes:
a. After-the-fact permitting for patio construction, soil disturbance, and
foundation drainage within the 100-Foot Buffer Zone (1.00' BZ), 50-Foot No-
Build Zone (50' NBZ), and 25-Foot No-Disturbance Zcn►e (25' NDZ). A waiver
request and buffer zone restoration plan have been submitted for these features
to relocate storm-water drainage outside of the 25' NDZ, keep a portion of the
patio within the 50' NBZ, convert a portion of the unpermitted patio to lawn
with pervious stepping stones within the 50' NDZ, and to execute the
restoration plan which will entail the installation of native plants within
previously developed portions of the 25' NDZ and the 50' NBZ. The proposed
restoration plan will result in 1,871, s.f. of habitat restoration in landscaped areas
between the new fence and former fence line next to the wetlands - this would
result in 2.51 ratio of restoration to incursion. After due consideration, the
NACC voted to grant the waiver as requested requiring full execution of the
restoration plan as it will result in an overall enhanced condition of the buffer
zone and wetland.
b. Proposed work includes restructuring stairs associated with an existing deck
and removal of existing fence are installation of new fence in new location.
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, dated February 29, 2024 filed by:
David Zieja
416 Abbott Street
North Andover, MA 01845
Project Engineer:
Dennis A, Griecci
Andover Consultants, Inc.
1 East River Place
Methuen, MA 01844
Project Environmental Consultant:
Andrew Thibault
Goddard Consulting, LLC
291 Main Street., Suite 8
Northborough, MA 01532
416 Abbott Street #242-1885 NACC Findings&Special conditions
Page 2 of 13
416 Abbott Street #242-1885
Approved Site Plans & Docuinents:
• "Topographic Plan 416 Abbott Street", prepared by Andover
Consultants Inc., Peter D. Goodwin, PLS, scale 1"=20', dated March 28,
2024
• "Waiver Request Maps, Previous Conditions Display Over Current Site
Plan - Figure 8, Existing Conditions Display over Current Site Plan -
Figure 9 & Figure 10"prepared by Goddard Consulting, LLC, dated May
6, 2024 and revised on June 5, 2024.
o "Waiver Request Maps" include the Restoration Plan with
approved plantings - Figure 10
• "Notice of Intent Supplement Waiver Request-416 Abbott Street",
prepared by Goddard Consulting, LLC, dated June 1.0, 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 tirnes 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 hatted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
27. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations,
416 Abbott Street #242-1885 NACC Findings&Special conditions
.Page 3 of 13
416 Abbott Street #242-1.885
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
clays (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Ando-i)er•Wetland Regidations).
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 fifty-foot (50") No Build Zone 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 Section 3.4 &
Appendix f of the local Regulations).
]' l 1
33. '.[his document shall bc, included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed 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.
416 Abbott Strut #242-1885 NACC Findings&Special conditions
Page 4 of 13
416 Abbott Street #242-1885
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.
36. The applicant shall restore and enhance areas within the 25' NDZ and portions of the
50' NBZ that are currently maintained as lawn/landscaped areas in accordance with
the approved mitigation plan. This restoration/mitigation area shall be planted with a
mixture of approximately 55 native trees and shrubs as detailed on the "Restoration
Plan Waiver Request Map", The restoration area will be monitored in the fall and
spring for two years post plant installation with a monitoring report, including
photographs, submitted to the NACC before November I.st of each year. If any of the
restoration plantings die within this monitoring period, they will be replaced in a
timely i-narmer. Any invasive species that begin to establish themselves within the
restoration areas shall be manually removed. All of this work will be overseen by the
restoration/erosion control monitor. The restoration area, totaling approximately
3,685 square feet, will be left to naturalize in perpetuity.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
38. This Order 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.
39. 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
416 Abbott Street 11242-1885 NACC Findings&Special conditions
Page 5 of 13
41.6 Abbott Street #242-1.885
NACC, have been made for performance of an conditions which are of continuing
p y g
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
40. °T'he applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. Proof of the retained monitor must be submitted to the
Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person has to be contacted, due to an emergency at the site, during
any 24-hour period, including weekends. This person shall be given the authority to
stop construction for the purposes of correcting problems with erosion control. The
Environmental Professional will immediately notify the Conservation agent of any
,matter that requires attention by the Commission or the agent. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
41. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs from the "Erosion Control Monitor" to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. hn 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.
42. 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 #242-1885."
43. Wetland flagging on site shall be checked prior to start of construction and shall be re-
established where )Hissing. 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.
41 fi Abbott Street 11242-1885 NACC,Fitidiiigs&Special Cotulitioiis
Page 6 of 13
416 Abbott Street 42424885
44. At a minimum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall
be 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 erosion. All additional
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent, The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion, or any noticeable
degradation. of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC, they shall be installed within 48 hours of the Commission's request.
45. The applicant/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.
46. 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.
47. 71'he portion of unpermitted patio that is to be removed within.the 50' NBZ and
replaced with pervious stepping stones, will consist of a pervious material (i.e.,
stepping stones with grass in between, or similar) agreed upon between Conservation
Department staff and the Environmental Consultant, to ensure this area remains
permeable enough to promote groundwater recharge.
48. 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.
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. 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
416Abbott Street /f242-1885 NACC Findings&Special Coit(litiotis
416 Abbott Street #242-1885
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 is 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: If a Building Permit is needed, it shall have been applied for at the time
of a pre-construction meeting with the Conservation Department, and Conservation
Department sign off will not be granted until pre-construction.conditions are satisfied.
51. 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.
52. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before corm-nericement of construction,
53. Once these above-mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with a NACC representative,
the contractor, 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).
CSTORMWATER MANAGEMENT CONDITIONS
416 Abbott Street 4242-1885 NACC Findings&Special conditions
Page 8 of 13
41.6 Abbott Street ##242-1885
54. 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.
55. Water duality 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
56. Upon beginning work, the applicant or the erosion control 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.
57. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of on
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
58. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or foamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loanied 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 shalt be stabilized with a layer
of mulch hay or other means approved by the NACC.
59. 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
60. 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.
416 Abbott Street 4242-1885 'NACC Findings bps Special conditions
Page 9 of 13
41.6 Abbott Street #242-1885
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 feet of the edge of BVW.
62. Vehicles and machinery, including 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.
63. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
64. 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 ally
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
65. The edge of 25' NDZ shall be permanently monumented with no less than seven (7)
wetland markers. Wetland markers shall be installed on the proposed chain link fence.
These posts and markers shall be installed at roughly 35-foot intervals facing upland.
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.
66. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Toven's Wetland protection Bylaw.
67. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 1.00 feet of a wetland resource area. This condition
416 Abbott Street #242-1885 NACC Findings&Special Conditions
1'nge 10 of 13
416 Abbott Street #242-1885
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.
68. No sodium-based products shall be used for control of ice or snow within 1.00 feet of
the wetland.
69. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loarning and seeding according to NRCS, standards. Stabilization will be considered
complete once full vegetative cover has been achieved,
70. The restoration planting area shall be left to naturalize, and shall not be subject to
routine residential landscaping practices. This condition shall remain in perpetuity.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity,
72. 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
(PAI-Is) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
73. 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.
74. 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.
416Abbott Street 11242-1885 NACC Findings&Special conditions
Page 11 of 13
416 Abbott Street 9242-1,885
i. Check, payable to the 'l,I own 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
Con-u-nonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the firnit of work and the extent of existing erosion control
devices. "Work" includes aLiy disturbance of soils or vegetation.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No Disturbance Zone and a 50' No 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 #65);
Discharge or spillage of pollutants (Condition #64);
Prohibition of underground fuels (Condition #66)
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #67 & #68);
Restoration area left to naturalize (Condition #36 & 70)
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or the 25-foot No-Disturb Zone (Condition #71).
Prohibition of the use of coal tar-based products for paving (Condition #72),
416 Abbott Street t1242-1885 NACC Findings&Special conditions
f _12 of 13
416 Abbott Street #242-1885
APPENDIX A - AFFIDAVIT
I. __ _.... . ......_ on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions.
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/car
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 react 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 _..........._clay of__.._ ......._w_.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. 'I 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)
416 Abbott Strect 1)242-1885 NACC I'ietdiags&Special Conditions
1'agc ➢3 of 13