HomeMy WebLinkAbout242-1891, 70 French Farm Road OOC - Permits #242-1891 - 70 FRENCH FARM ROAD 7/2/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1891
MassDEP File#
WP'A Form 5 ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
_.. ..,...._
this farm has 1. From: —._..__-. .
been rnodilied 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
Michael Trautwein
a. First Name b. Last Name
Important:
When filling
out farms on c.Organization
the 70 French Farm Road
computer,
use only the d.Mailing Address
tab key to North Andover MA 01845
_ _.--
move your e.City!-rown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
r�1 a.First Name b. Last Name
c.organization
rensrr
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
70 French Farm Road North Andover
a.Street Address b.Cityrrown
Map 35 Lot 73
c.Assessors Map/Plat Number d.Parcet/Lot Number
Latitude and Longitude, if known: 42d43m2.748s -71d6m35.4594s
d Latitude e Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1891
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information (cont._)_..�___n__.__.____._..
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b.Certificate Number(if registered land)
14702 236
_....... _............... ..............._.........__...____.___......__________
c.Book d.Page
May 8, 2024 June 26, 2024 July 2, 2024
7. Dates: a. Date Notice of Intent.Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Permit Site Plan #70 French Farm Road
a.Plan Title
Williams & Sparages Peter M. Blaisdell, PE
b.Prepared By c.Signed and Stamped by
June 18, 2024 1"=20'
d.Final Revision Date a Scale
See Attached List of Approved Documents
f.Additional Plan or Document Title g. Date
_......................- - -------------------------------------- —_._—
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act.
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. 0 Public Water Supply b. ❑ Land Containing Shellfish c• 0 Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. M Protection of
Wildlife Habitat
g. 9 Groundwater Supply 11. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1891
MassDEP File#
WPA Form 5 — Order of Conditions
..__..._.._.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
L( I North Andover
City/Town
B. Findings (cant.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 14.05(6)(c).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 10'
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) restore
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
e. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.cry 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
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage _._...... _f._c_ 'fee
_.
c.cubic Eeet d.cubic feet e.cubic feet ubic 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
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Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection - Wetlands 242`1891
MassDFP File#
WPA Form 5 m- Order of Condition
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
ILI North Andover
CityfrowIn
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet 11 square fe11 et
c.c/y dredged d..c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes -- ...
a.square feet b.square feet c square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area -._._ _..............._. _.....__
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 nf Environmental Protection Provided»ymmnoEp:
Bureau of ResDUFCeP[OhectiOO - Wet 2421801�@n�� -
������ � � Order � Conditions
�n" �� Form � � "����� �n �������Dons
Massachusetts Wetlands Protection Act M.G.L. o. 131. §4O moEp Transaction#
North Andover
City/Town
B. Findings (cont.)
#23. If th« 23 R�nb�reUon/Enhanoemomt°
pn�eot|n�r � ^Fl�
the purpose of
restoring or a.square feet of BVW b.square feet of salt marsh
enhancing a
wetland u4 [� Stream�vuunmo�a � �� ` �
in addition to
the square
footage that u. number of new stream crossings ". number of replacement stream crossings
oou been �
n ��^ �����r�� ��������i���� [������� ������������� ��������� ��m�������� ^��� �
entered in
SectivoB.5.o
(BVVV «/ The fnUovvin0condidnnsare Vn)ymppUnab|mho /\�9rovedprojects.
B17x(Sa|t �
Marsh)above, 1� Failure hnnonno|y with mUoomdiUnnostated herein, and wKhaUrelated statutes and other �
please enter
'
the additional regulatory maasunos, shall be deemed cause to revoke ur modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury toprivatepropedYorinvme|onnfprivaher|ghte.
3. This Order does not relieve the permiUee or any other person of the necessity of complying
with all other applicable federal, state, or local sbatutee, ondinanrea, by|avvm. 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 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 |emm than five yeorn, 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 oapecia| condition in this Order.
o. |f the work is for o Test Project, thimOrdarofCondibonoehoUbeve||dfornomopethan
one year. �
�
5. This Order may be extended bythe issuing authority for one ormore periods ofupto three
years each upon application to the issuing authority at least 3Q days prior to the expiration �
date of the Order. An Order of Conditions for a Test Project maybooxbandedforona �
additional year only upon written application by the applicant, Subject to the provisions of 310 �
CIVIR10.U5/11V0�
` '` ' �
�
8. 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,
mah|aa, rubbish, or debris, including but not |inoUod to lumber, bhoka, plaster, wire, bth,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection - Wetlands 242-1891
MassDEP File#
WPA Farm 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction
ly
Forth Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall) also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work_
16. 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 242-1891
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.
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Massachusetts Department of Environmental Protection Provided by Mmmosp:
Bureau Of Resource Protection - Wetlands 242'1O01
����� � � ���� � d� �~�^
m�x w� Form � ~~ .�" ���� ��v "������U�Kons
Massachusetts Wetlands Protection Act p0.G.Lc. 131. §40 eDEP Transaction w
North Andover
ityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (coDt]
17. Prior to the start of work, and if the project invu|vaawmrkediocenthoo0orderinQVegetahad
Wetland, the boundary of the wetland in the vicinity of the proposed work area ehm|| be
marked by wooden stakes orflagging. Once in p|aoe, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During oonstruction, 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 otthe
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. The work associated with this Order(the "Project")> �
U) is subject to the Massachusetts Stnr wa r Standards
(2) 0 \s NOT subject bo the Massachusetts 8tormwa&erStandards
|f the work |m subject tothe Stormmvvatmr Standards,then the project is subject tothe
following conditions:
a\ All work, including site preparation, land disturbance, construction and nedeve|oprnent,
nho|| be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwahar Pollution
Prevention Plan required by the National Pollution Discharge Elimination 5yohe0
Construction General Permit aa required byStormvvoher Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BKXPa) shall remain in p|ooa until the site is fully stabilized.
b\ No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until AmQ|mbarad 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 8K4Po intended to be converted
to post construction operation for stmrmvveterattenuation, recharge, and/or treatment, the
conversion is allowed by the MaamDEP SiormvvoterHondbook BMP specifications and that �
the 8K4P 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. on'bui|tfina| construction BK8P plans are ino|uded, signed and stamped by e Registered �
Professional Engineer, certifying the site ia fully stabilized; �
iii. any illicit discharges to the ebormwaher management system have been removed, as per �
the requirements ofS0nrmwmhar Standard 10|
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Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection - Wetlands 242-1891
----• MassDEP File#�........
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
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 permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1891
L11
M-as SDEP File#
WPA Form 5 �- Order of Conditions
_...... ._... ........ ......_
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.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department pf Environmental Protection Provided byMmmosP:
Bureau of Resource Protection - Wetlands 242-1801
����� � � Order � Conditions
��u m� Form � —~ .������� ��v ~�����*U��ons
Massachusetts Wetlands Protection Act M.G.LC. 131. §4O eoepTm"nmmion#
North Andover
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw orordinance applicable? ED Yes Fl No
u. The NnrthAnUover hereby finds (check one that applies):
Conservation Commission
u. 171 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance orbylaw, specifically:
I.Municipal Ordinance or Bylaw 2.Citation __
Therefore, work on this project may not go forward unless and until o revised Notice of
Intent is submitted which provides measures which are adequate to meet these
mtendarde, and a final Order ofConditions is issued.
b. 0 that the following additional conditions are necessary to comply with a municipal
ordinance nrbylaw:
North Andover Wetlands Protection Bylaw 8 Regulations Chap. 190
1Mon|*i»a|Ord|nmno*urBylaw acmaq
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 o text docurnan¢
FindingsNorth Andover Conservation Commission & Special Conditions
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wpaform5,doc'rev anm2020 Page mmm
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Massachusetts Department Vf Environmental Protection Provided hymaomoEp
l80\
��UP8@UDfFleSOU[C8 �»rOteCti0D - Wetlands 242-
K����J� �� �� ���^� � �� ��^�~ ----- F—'
��n �� Form ~� �� ��nv���� K�� ���������u�������
Massachusetts Wetlands Protection Act M.G.L. u. 131. §40 eb"EPnonnumion#
North Andover
Cityrrown
E. Signatures
Thio Order iu valid for three years, unless otherwise specified omaspecial
condition pursuant to General Conditions#4.from the date ofissuance. 1 Date ofIssuance
Please indicate the number of members who will sign this form.
This Order must bm signed bym majority nf the Conservation Commission. u.Number ofSigners
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 sarne time to the appropriate Department of
Environmental Protection Regional Office, i/not filing electronically, and the property owner, if different
from applicant.
i t ire Print Name
(inted Name
-sign"atur Printed Name
Signature Printed Name
ignature Printed Name
ignature Printed Name
sigria-iuire- Printed Name
171 bv hand delivery nn by certified mail, return receipt
� requested, on
Date Date
|
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Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection - Wetlands 242-1891
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction tE
North Andover
City/Town
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242 1891
MissDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPrransaction#
North Andover
Cityfi own
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order, In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below,
North Andover
.. ....... ------._...
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
70 French Farm Road 242-1891
_ ...... _....-_.._.
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
...- ..........
County Book Page
for: Michael Trautwein
Property Owner _.._
and has been noted in the chain of title of the affected property in:
14702 236
Baak Page
In accordance with the Order of Conditions issued on:
07-02-24
Date __ _........._........ . _.
If recorded land, the instrument number identifying this transaction is:
instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaforn6doc•rev 5118/2020 Page 13 of 13
70 French Fat-in Road #242-1891
Findings of Fact
Current Project
ject Site Conditions: The 1.03-acre project site currently consists of an existing
single-family house constructed in 1984, with associated driveway, rear decks, flagstone
walkway, in-ground pool and surrounding patio, lawn, landscaping and utilities.
The NACC agrees with the delineation of the following wetland resource areas as reflected
on the approved plan, and reviewed and adjusted by the Conservation Administrator in the
field. The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests in the Act and Bylaw. Wetlands were delineated by
Thorsen Akerley of Williams &Sparages in March 2024.
a. Bordering Vegetated Wetland (BVW) - Al - A17
b. 100-Foot Buffer Zone to BVW's
c. The property does not lie within NHESP Priority Habitat
d. The property does not lie within the 100-year floodplain
e. There are no perennial streams within.200 feet of the property
f. The on-site resource areas do not contain certified or potential vernal pools
based on NIJESP mapping,
Previous Permit History:
-2021 - Small Project Permit, NACC#280 - governed reinforcement with helical piles for
existing rear sunroorn
.2021 - RDA 2nd story addition to rear sunroom
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
21. The proposed work includes: Demolition of an existing in-ground swimming pool and
associated surrounding concrete patio and replace with new in-ground pool and
modified patio area with river stone and landscaping. To avoid
unnecessary excavation, a new, slightly smaller, in-ground pool in the same footprint,
to be surrounded by a permeable paver patio, keeping existing surrounding river
rock, expand landscaping areas and pergola on concrete pad inside the fenced
footprint will be installed.
70 French Farm Road #242-1891 NACC Findings&Special conditions
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70 French Farin Road #242-1.891
Due to a high groundwater table, a sump pump bedded within gravel alongside the
proposed pool is proposed and will discharge to a proposed 3x6' riprap apron in the
northern portion of the property, within the 50' NBZ that is currently lawn. The intent
of the sump pump is to use it only when groundwater elevations are extremely high
and if the pool is empty or being emptied to avoid any potential uplift of the proposed
swimming pool. A shallow monitoring well is proposed alongside the proposed sump
pump to aid in monitoring the groundwater elevation. An Operation& Maintenance
for pool water management, the filtration system and rip rap apron has been provided
and attached hereto.
The house was built in 1.984 and the pool dates back to 1.986, thus they were not subject
to the North Andover Wetlands Regulations at the time. Part of the existing pool,
patio, equipment, fence and river rock are within the 50' NBZ and much of this
footprint will be retained with the pool, river rock and landscaping. As mitigation, the
applicant is proposing to install 640 s.f. of planting mitigation within the 25' NDZ that
is currently lawn, and 1,200 s.f. of impervious concrete patio will convert to permeable
paver patio and river rock,
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 and associated attachments filed by: Michael Trautwine
70 French Farm Road
North Andover, MA 01845
Project Engineer: Richard Williams, PE
Williams & Sparages., LLC
189 North Main Street, Suite 101
Middleton, MA 01.949
Site Plan:
• "Permit Site Plan 70 French Farm Road", prepared by Williams &
Sparages, signed and stamped by Richard Williams, scale 1"=20',
revision dated June 18, 2024;
• Letter Re: Revised Plan: DEP #242-1891, with Liberty Pumps
Specification Sheet- prepared by Williams &Sparages, signed by
Thorsen Akerley dated June 18, 2024;
• Operation & Maintenance Plan: 70 French Farm Road, North Andover,
MA - prepared by Williams & Sparages, revision dated June 25, 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
70 French Farni[toad 11242-1891 NACC Findings&Special conditions
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70 Freilich Farm Road #242-1891
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. 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.
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 (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Atido-oer Wetland Regulatiom).
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 Coiyu-nission shall
be a party to all agency proceedings and hearings before the Department.
70 French Farm Road 11242-1891 NACC Findings&Special conditions
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70 French Farni Road #242-1891
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-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appelldix F of the
local Regulations),
33. The applicant, homeowner their successors in title and their contractors are advised
that NO other work on the property is allowed under this permit. The NACC has
jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones site and any
work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes, but are not limited to,
house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and
bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be
held to the current standards under the Bylaw and WPA and must be reviewed under
a separate application submitted to the Conservation Commission.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the 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.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
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70 French Fat-in Road #242-1891
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, accompanied by the OOC recording information and
an up to date W9 from, 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 motley
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 NACCs review and approval. This condition is
issued under the authority of the local Bylaw.
40. The sump pump discharge rip-rap apron shall include sufficient square footage of
filter fabric underneath the 8" of the rip-rap.
41. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. 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
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70 Freirch Farin Road 4242-1891.
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 Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor roust visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other: water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour: event) to
ensure that sails remain stable, and erosion controls are adequate and secure.
43. The proposed pool shall employ a cartridge style filter system (not a backwash
system), and this specification shall survive beyond the issuance of a Certificate of
Compliance. Specifications for the cartridge System shall be provided to the
Conservation Department prior to sign off of the building, hermit.
44. 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 #242-1891."
45. 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.
46. It is the responsibility of the applicant, owner, and/or successor(s), and/or their
agents or contractors 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,
47. 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
70 French Farn7 Road #242-1891 NACC Findings&Special conditions
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70 Freiich Farm Road #242-189.1
wetland impacts can be monitored. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
48. At a rniniinum, a row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent)
backed by entrenched staked silt fence shall be properly installed between all
construction areas and wetlands as shown on the plans approved and referenced
herein and amended by this condition 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.
49. The applicant/contractor shall have on hand at pre-construction meeting, removal or
stockpiling, additional 50 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.
50. All construction phase dewatering BMPs shall be on site and installed in time for
inspection at the pre-construction site visit with the Conservation Department.
51. The erosion controls shall serve as the limit of work - no other activities prior to,
during or after the project may take place beyond this limit of work without additional
review and approval by the NACC. 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.
52. Prior to construction and in time for the pre-construction meeting, as shown on the
approved plan, not less than seven (7) wetland markers, mounted on 4x4 pressure
treated, or cedar posts or other weather resistant material shall be installed along the
limit of the 25-foot no disturb zone/edge of historic lawn. 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.
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70 French Farm Road #242-1891
53. Prior to any work commencing on-site, the applicant (or their contractor) shall submit
to the NACC or its Administrator for review and comment, a detailed work
schedule/sequence of construction.
54. Prior to any work conmiencing 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 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.
55. 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.
56. 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).
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70 French Farm Road #242-1891
STORMWATER MANAGEMENT CONDITIONS
57. 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,
58. Water duality in down gradient IWW'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
59. Upon beginning work, the applicant/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.
60. 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 im orted to tl-1e site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff.
61.. If, once installed, is exhibiting unstable conditions due to pressure from ground water,
the applicant shall reappear before the NACC for a Modification to the Order for
correcting that condition. If the Order is closed out with a. Certificate of Compliance
but the post-construction ground water dewate ring system is failing to keep the pool
in a stabilised condition in the future, the homeowner shall reappear before the NACC
to properly permit the proposed corrective solution. This condition shall be on-going.
62. 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.
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70 French Farrn Road 9242-1891
63. 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.
64. 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.
65. All materials stockpiling area shall be outside the 100-Foot Buffer Zone or at a location
and in a manner that will not result in erosion beyond the limit of work into the buffer
zone or wetland. At no time shall be stockpiling of soil or any other materials occur on
the wetland side of the erosion controls.
66. 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 cumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. I-however, no
trash dumpsters will be allowed within 50 feet of the edge of BVW.
67. 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.
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project,
69. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION Ila
70. 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 Towns Wetland protection Bylaw.
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71. 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 theTown's Wetland Protection Bylaw and
shall remain in perpetuity.
72. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
73, 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.
74. 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.
75. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
76. The June 25, 2024 Operation & Maintenance Plan shall be adhered to for swimming
pool filtration system, pool water & chemical management, and rip rap apron
inspection and maintenance.
77. Any/all pool water draw down shall be directed outside the 100-Foot Buffer Zone
over lawn area, and not discharged directly into the bordering vegetated wetland.
78. 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.
79. 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.
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70 F reitch Farin Road #242-1891.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. 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:
"As-Built" post-development elevations of all drainage & storrnwater
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.
i> 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.
Y A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation,
80. 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-Construction 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);
Any other work requires separate review and permit by NACC (Condition
#33);
Pool filtration system shall consist of cartridge style (no DE backwash)
(Condition #43);
Resource Area Markers (Condition #52);
S� Discharge or spillage of pollutants (Condition #69);
r Prohibition of underground fuels (Condition #70);
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions #71& 72);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #73).
70 French Farrar Road #242-1891 NACC Findings&Special Conditions
Page 12 of 14
70 French Farm Road 4242-1.891
Prohibition of the use of coal tar based products for paving (Condition #75);
Adherence to the Operation & Maintenance Plan (Condition#76);
Pool water drawdown must be directed outside 100' buffer zone over lawn,
not directly into the }WW (Condition #77).
70 French Farm Road #2412-1891 NACC Findings&Special conditions
Page 13 of 14
70 French Farin Road H242-1891
APPENDIX A- AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT.LEAST ONE BLOCK)
1. 1 am the
(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.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions--
have been placed Lip by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this-day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions ......... are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed tinder the pains and penalties of perjury this-(fay of 19
(Signature-authorized agent of applicant or owner)
70 French Farm Road #242-1891 NACC Findings&Special Conditions
Page 14 of 14
May 8, 2024
Devised: ,Tune 25, 2024
70 French Farm Road I North Andover, MA
Operation&Maintenance plan
Operation &Maintenance Plan: 70 French Farm Road, North Andover,MA
System Owner:
Michael Trautwein.
Elise LaFlamine
70 French Farm.Road
North Andover MA 01.845
In-Ground Swimming Pool
• The proposed swimming pool shall be equipped with a non-backwash filtration system.
A Pentair System 30 Modular Media Filter is proposed (see attached filter description
and owner's manual).
• The property owner shall engage a water hauling company to pump the water and truck
the water offsite anytime the pool needs to be drained. Final disposal of the water by
the water hauling company shall be in accordance with all federal and state regulations.
• Pool water shall be dechlorinated by not adding chemicals and letting the pool water sit
for a minimum of 7 days.At that point, the pool water can be pumped into the proposed
rain garden during normal dewatering following storm events,
• Pool chen-dcals shall be properly stored according to manufacturers' labels in an
enclosed shed or garage to ensure proper containment of any spills or drips.
Pool Filtration System
• Pool filtration system to be cleaned and maintained in accordance with manufacturer
specifications detailed in the attached owner's manual.
• Once operating pressure reaches 10 PSI above initial operating pressure,inspect and
clean filter element. Filter element should be cleaned with hose and drained into lawn
areas outside of the 100' buffer zone to Bordering Vegetated Wetlands.
• On a weekly basis, debris should be removed from skimmer basket. The pump should
be stopped,release all pressure, and remove trap cover and basket to remove any
additional debris. Air filter should be bled each time system is started.
Williams&Sparages I Engineers•Scientists•Surveyors
189 North Main Street I Suite 1011 Middleton,MA
(978)539-8088 www.wser7 ineers.com Page 1
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May 8, 2024
Revised: June 25, 2024
70 French Farm Road I North Andover, MA
Operation&Maintenance Plan
Rip Rap ApIon
The rip rap apron shall be inspected during and after several storms(e.g.0.5-inch or greater)and
maintenance performed,if necessary,during the first year of operation.Thereafter, inspections and
preventative maintenance shall be performed at least twice a year and when drainage discharges through
the emergency spillway or a major storm event which is defined as a storm that is equal to or greater than
the 2-yeas,24-hour storm (3.1 inches in a 24-hour storm).
Any detrimental sediment accumulation shall be removed.
If rilling is present downgradient or adjacent to the rip rap apron the cause shall be identified and
corrected and the damage shall be repaired.
Leaf litter shall be removed from the rip rap apron.
Vegetation in the vicinity of the rip rap apron shall be inspected periodically and if needed,fertilized to
maintain healthy,dense growth.
Williams&Sparages I Engineers•Scientists•Surveyors
189 North Main Street&Suite 1011 Middleton,MA
(978)539-8088 1 www,wsengingers.com Page 12
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