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Home My WebLink About242-1893, 597 Foster Street OOC - Permits #242-1893 - 597 FOSTER STREET 7/31/2024 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1893 LI MassDEP File# WP'A Farm Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction North Andover ..... .........__ ..................... GitylTown A. General Information Please note: _North Andover been modified this form has 1, From: 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 Andrew Fonzi a.First Name b.Last Name Important; When filling _ out forms on c.Organization the 597 Foster Street computer, d.Mailing Address use only the tab key to North Andover MA 01845 ____ .._._. ... _.__--_ _.____. ..__.� _.._... move your e.CitylTown I.State g.zip Code cursor-do not use the 4, Property Owner(if different from applicant); return key. r� a.First Name b.Last Name c.Organization reesn d.Mailing Address ....__... _......_.. _..... _ ... ......._._. e.City/Town f.State g.Zip Code 5. Project Location: 597 Faster Street North Andover a. Street Address b.City/Town Map 104E Lot 50 - - c.Assessors Map/Plat Number d. ParcellLot Number Latitude and Longitude, if known: 42d40m36.588s -71d3m6.012s d.Latitude e. Longitude wpaform5.doc-rev 5/18/2020 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1893 MassDEP File# WPA► Form 5 — Order of Condition Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cunt.) 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) 16727 121 c.Book d Page May 30, 2024 Jul 17 2024 July 31 2024 7. Dates: y ---- y Y._. 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): Site Plan Proposed Addition -C2 a Plan Title ASB Design Group, LLC Thad............ D. Berry, PE _........._.._._.__ b. Prepared By c.Signed and Stamped by July 8, 2_024 V=10 d.Final Revision Date e. 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. E Public Water Supply b. Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. 0 Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc rev 5/1 012 02 0 Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided bymnaooEp: Bureau of Resource Protection - Wetlands 242-1893 �� m� � d� x�~*` nnu m� Form � �� ~�u �� x "��U�Kons Massachusetts Wetlands Protection Act W1.G.LC. 131. §40 xmspTmnoouion# North Andover Cityfrown B. Findings (cont.) Denied because: � � h. 171 the proposed work cannot ba conditioned h/meet the performance standards set forth in the wetland regulations. Therefore, work on this project maynctgofonwavdun|essaw1 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. n. 1771 the information submitted by the applicant is not SUff icient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefure, 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`a interuste, and a final Order ofConditions in issued. /\ description of the specific information which is lacking and why it is necessary is attached to this Order as per 31OCK0R10.05(6)(c). � 3. M Buffer Zone impacts: Shortest distance between limit ofproject 23' � disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a. linear feet � � Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) � Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. [] Bank �jm��-- b. lineaFfeet — c.linear feet-- d.linear feet—' 5. Fl Bordering Vegetated Wetland ^.Square feet h.square feet c.square feet d.square feet 6. [1 Land Under VVaharbodioaanU o.square feet h.square feet u.square feet d.square feet VVehonwoys r. 171 Bordering Land SubjeottoRooding o.square feet b.square feet ^.square feet d.square feet Cubic Feet Flood Storage e,cubic feet — f.cubic feet -- g.cubic feet h.cubic feet- 8. [-1 Isolated Land Subject to Flooding o.square feet 0.square feet Cubic Feet Flood Stomgo | ��_ ��_ ��_ ��_ - � 9. [] Riverfron(Anya a.total sq.feet b.total sq.feet Sqh within 1O0h � ".square feet ".square feet v.syv".e."=t ^square feet | Sqh between 100- � 200ft g.square feet h.square feet i square feet ].square feet � � 4 � � Massachusetts Department mf Environmental Protection Provided hyMa000Ep: Bureau of Resource Protection - Wetlands 242-1893 �� Order � �� ~�~ ��u ^� Form � — `�� n ��U�Uons Massachusetts Wetlands Protection Act KA.G.L. c. 131. §4O North Andover B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1O F Designated � �l� Indicate size under Land Under the Ocean belowAream ' 11� El Land Under the Ocean u square feet b.square feet 12 Indicate size under Coastal Beaches and/or(�oosbs| Dunes � �[l� Barrier Beaches below 11 [] Coastal Beaches ~~yd ~~ a.square feet b.square feet c.nourishment d,nourishment 14� Coastal Dunes ou yd »« yd a.square feet b.square feet c.nourishment d.nourishment 15. �l Coastal�� -- fioerr��t' - 18. Rocky Intertidal Shores a.uquamieut h.wquamh*et 17. Fl Salt Marshesa.square feet b,square feet c.square feet d.square feet � 18. F] Land Under Salt Ponds e. square feet b,square feet 19, Fl Land Containing Shellfish u.square feet b.square feet o.square feet U.square feet � oD, [] Fish Rona Indicate size under Coastal Banks, Inland Bank. Land Under the Ocean, and/or inland Land Under VVoherbodimeand Waterways, above a.c/y dredged b.c/y dredged 21 Land Subject to Coastal Storm a.square feet b.square feet F|nm/aQa | � 32. Fl RiverfrnntAnea a.total sq.feet b.total sq.feet Sqftwithin 100It / c square feet v.square feet e.square feet r.square feet / � Sqft between 1O0' � 200ft q.square feet A.square feet L square feet j.square feet 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1893 1 WP'A► Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town --------......_....... _�_ B. Findings (cant.) p 23. If for the 23. ❑ Restoration/Enhancement*: the purpose of restoring or ............ enhancing a a,square feet of BVW b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square -- ---- __..._.._ footage that a.number of new stream crossings b.number of replacement stream crossings has been C. general Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bvw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g Y Y amount here. 2, The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(0. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. \Vaforrn5.doc rev 5/18/2020 Page 5 of 13 4 K8ugaachummfbm Department of Environmental Protection Provided hyM««soEF: Bureau Of Resource Protection - Wetlands242 '1893 �� Conditions ��u �� Form =v �� n ^"$�� u ��K�~�U�Uons Massachusetts Wetlands Protection Act K8.G.L. c. 131' §4O eoep Transaction# North Andover Cityrrown 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. @. 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, |nthe case of recorded land, the Final Order shall also bo noted inthe Registry's Grantor Index under the nanoeof the owner Vf the land upon which the proposed work iahobadone. In the case oy the registered |mmd. 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 ofwork. 10, A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1893 " 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 K4aosDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form OA) 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 ofa new Notice ofIntent. 15. The Agent or members nf the Conservation Commission and the Department of Environmental Protection shall have the right hm enter and inspect the area subject tothis 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 nr Department for that evaluation, � � 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject tothis Order and to any contractor orother person performing work � conditioned by this Order, 4 Massachusetts Department of Environmental Protection Provided b*Mw*osp: Bureau Of Resource Protection - Wetlands 242'1803 �� Order � Conditions ��" m� Form � — v�� n `��U�Uons Massachusetts Wetlands Protection Act W4.G.L. c. 131' §4O vocp Transaction# North Andover C' GeMeral Conditions Under Massachusetts Wetlands Protection Act /coRt.\ 17. Prior tothe start ofwork, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in p|oue, 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 ovvet|and or water body, During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments � � as needed. The applicant shall immediately nonhn|any erosion problems that occur atthe 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. 19. The work associated with this Order(the"Project") (1) El |s subject b>the Massachusetts SkxnlwabsrStandards (2) 0 |s NOT subject t0 the Massachusetts ShJ[0waharStsndands If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the SbormvvnbarPuUuUon Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by ShonnwnterCVndit(on D. Construction period erouion, sedimentation and pollution control measures and best management practices (8K8Pa) shaU remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until o Registered Professional Engineer provides aCertification that i all construction period BKAPs have been removed or will be removed by a date certain specified in the Certification. For any construction period ByNPm intended tobeconverted to post construction operation for stor[nvvaterattenuation, recharge, and/or treatment, the conversion is allowed by the KAuaaDEP StorrnvvatarHandbunk Bk8PspecifinoUnns and that � the B&4P has been properly cleaned or prepared for post construction operation, including � removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BW1P plans are ino|oded, signed and stamped by a Registered Professional Enginmer, certifying the site is fully stabilized; iii. any illicit discharges to the stmrn1vvoher management system have been nemoved, as per the requirements ofShonnvvahsrStandard 10; � 4 N1maemohuagtbm Department of Environmental Protection Provided bwM«wmosp: Bureau Vf Resource Protection - Wetlands 242-18Q3 �� Order � Conditions m�o ^� Form � � `�� n ��0�Uons Massachusetts Wetlands Protection Act M.G.L. c. 131' 840 eoEpTmnnaoUon� North Andover C- GeMeKal Conditions Under Massachusetts Wetlands Protection Act (C0Dt.) /x all post-construction uk)rmvveterBK8Pa are installed in accordance with the plans (including all planting plans) approved by the issuing authorih/, and have been inspected to ensure that they are not damaged and that they are in proper working condition; n any vegetation associated with post-construction BPNPs is suitably established to withstand erosion. o\ The landowner ie responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting e Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18/el) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the 8tornovpetar BK4Po identifying the party responsible for implementing the s[ormvvater QN1P Operation and Maintenance Plan ("0&W4 P|mn") and certifying the following: i.> the [)&KA 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 uf their ongoing legal responsibility to operate and maintain the stormvvo[or management BK4Pnand implement the Stornmvvatnr Pollution Prevention Plan. d> Post-construction pn||uUon prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Sto/mvvoter Report and, if applicable, the 8tormvvmb*r Pollution Prevention Plan required by � the National Pollution Discharge Elimination System K4u|U'SactorGmne/a| Permit. e> Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BN1P. To overcome this pr*uunopUom. the landowner nfthe property must submit to the issuing authority m |mUa||y binding agreement of naonrd, 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(0 through 18(k)with respect to that BMP. Any failure nfthe proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BK8P mba|| be a violation of the Order ofConditions or Certificate of Compliance. In the oaaa ofotormvvoter 13K8Pm that are serving more than one lot, the � � legally binding agreement mhoU also identify |o� Mho�wU| be serviced by the atormvvah*r ' � 8K4Pe. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must besubmitted along with the legally binding � agreement. � f) The responsible party shall operate and maintain all shorn7wxater BN1Pm in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts GhnrmvvaherHandUoVk. � *p*orm5.m°'rev u1voo20 Page omm 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1893 m WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Gity(row.n...... 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. wpaforrn5.doc-rev 5/18/2020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-193 f WPA Farm 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Canservaflan Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: ..............._........ _._ 1.Municipat Ordinance ar Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chap. 190 1. Municipal Ordinance or Bylaw et. seq. s. The Commission orders that all work shall be performed in accordance with the fallowing conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Findings & Special Conditions (see attached) wpaform5.doc rev 5/1812020 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242 1833 PA Form 5 m Order of Conditions hJlassDEPFile#Ll ___... . _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction"#' North Andover CitylTawn E. Signatures / t This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.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.htu rkeoi§l'g'n"ers"' 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. g __ " x d Name Sig ... tore P rote� w M Pri to d Na a -- Si nature Pnn ed Name _..... r f �Z g e Pr led Name ., ..... .. ......_........._. ' ..�. ga urq Printed Name Sin � � o P n reinted Name Signature Printed Name _._.... .- _ _........ _ Signature Printed Name El by hand delivery on by certified mail, return receipt requested, on Date Date wpaform5.doc•rev 8/3/2023 [sage 11 of 13 4 Massachusetts Department of Environmental Protection Provided uymue mep Bureau of Resource Protection -Wetlands 242-18Q3 �� Order � Conditions L( �nn x� Form � — "��°�� o `��UuUons Massachusetts Wetlands Protection Act K8.G.Lc. 131. G40 aoep Transaction,# North Andover CityfTown F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this On1er, or any ten residents of the oib/or town in which such land is |ocahmd, are hereby notified of their right b» request the appropriate K8assDEP Regional Office h) issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CIVIR 10.03(7) within ten business days from the date 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 tVappeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review nf this project. Pnavioua participation in the permit proceeding means the submission of written information tothe Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CIVIR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. � � � � � °pw»=,A" '"°sno12mo Page mwm 4 Massachusetts Department of Environmental Protection Provided bym^eoosr: 24� 1883 � Bureau Of Resource Protection -Wetlands - ��yb � � Order � Conditions m�n �� Form ~� ~~ ��°�K�� , ��K�v��Uons Massachusetts Wetlands Protection Act M.G.L. o. 131. §40 moEp Transaction# � North Andover Cityrrown 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 |onU subject to the Order. |o the � ^ � neon 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 hm the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted |ina, have stamped by the Registry of Deeds and submit hothe Conservation Commission. ---''-----'------- ' — — — '---------''—'—'----'--''-''-''---'---'----'-----'-- T»: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at 5B7 Foster Street ��2-1883 Project Location MassDEP File Number Has been recorded oi the Registry of Deeds of: Northern Essex County Book Page for. AndrewFVnzi Property Owner and has been noted in the chain of title of the affected property in: � 18727 121 � Page |n accordance with the Order of Conditions issued ow O7'31'24 |f recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: � DEP FILE # 242 - 1893 Findings of Fact Current Project Site Conditions: The 2.29-acre project site currently consists of an existing single-family house constructed in 1964, associated septic system, driveway, lawn, landscaping and utilities. The existing 11'x15' concrete pad floor and surrounding landscape timber boarder remain as remnants of an historic barn structure foundation that was previously addressed under OOC DEP File #242-1795 and deemed to have pre-existing grandfather status. Permit 1-listory: * OOC, #242-1795 - septic System upgrade, driveway relocation, front walk & steps. CofC issued November 2023. The NACC agrees with the delineation of the following wetland resource areas as adjusted by the Conservation Administrator and reflected on the final revised plan, based on site observations and measurements. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. • Bordering Vegetated Wetland - Wetland Flags 1A-10A • Intermittent Stream (not formally delineated, but observed on site) • 100-Foot Buffer: Zone to BVW's • Fish Brook &associated 200-Foot Riverfront Area (not formally delineated, but observed on site). Based on site observations, the Commission agrees that the work is outside the 200-Foot Riverfront (closest point to Fish Brook is approximately 330'+). • NI IESP Priority Habitat is mapped on a large portion of the site, however the proposed work is outside this resource area. • The site is partially within the 100-year floodplain on the FEMA Preliminary Maps, but work is outside the floodplain. • The on and off-site resource areas do not contain certified or potential vernal pools based on NHESP mapping, on-site observations and historic file research of permitting for surrounding properties. Project Description: Demolish a portion of the existing house, driveway, deck, stairs, walkway, and retaining wall in order: to construct a new garage, addition, associated utilities, deck, patio, rain garden, and buffer ;zone mitigation plantings. The new structures will occupy footprints of the existing structures, with only a small corner of a proposed pea stone area encroaching into the 25' NDZ and the proposed rain garden to be located within the 50' NBZ, As mitigation for incursion., 844 square feet of wildflower seeding and plantings is proposed within the 25' NDZ that is currently snowed as lawn, A waiver request has been submitted to allow for these incursions and work on the additions in these zones. The Commission finds that locations for the proposed new structures are limited as the existing house, driveway, pavers, stairs and infiltration trench. The applicant has proposed 1,583 square feet of native plantings to restore a portion of the buffer zone that is currently 597 Foster Street LDEt'File 11242-1893 NACC Findings&Special Conditions Page l of 14 DEP FILE #242 - 1.893 mowed and maintained as lawn. The Commission finds that the restoration plantings will enhance the value and function of the wetland resource area to protect the interests of the Bylaw. After due consideration, the NACC voted 6-0 (6 in favor, 0 opposed) to grant a waiver as requested contingent upon successful execution of mitigation plantings and compliance with. conditions contained herein. Therefore, the North Andover Conservation Commission (hereafter: the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and.Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/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 20. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent & associated attachments filed by applicant/owner: Andrew Fonzi 597 Foster Street North.Andover:, MA 01.845 Wetland Representative: Maureen Herald Norse Environmental Services, Inc. Site Plans & Documents: m "Existing Conditions &Demolition Plan - C-1" Prepared by ASB Design Croup, LLC Signed and stamped by Thad D. Berry,PE Scale 1"=10' Final revision dated July 8, 2024 • "Site Plan Proposed Addition-C2" Prepared by ASB Design Group, I-J...C. Signed and stamped by Thad D. Berry,PE Scale 1"=10' Final revision dated.July 8, 2024 a "Site Details -C3" Prepared by ASB Design Group,LLC Signed and stamped by Thad D. Berry, PE Scale V'=10' Final revision dated.July 8,2024 597 Poster Street DEP file 11242-1893 NACC Findings&Special conditions Page 2 of 14 DEP FILE # 242 - 1893 0 "Erosion Control Details-C4" Prepared by ASB Design Group, LLC Signed and stamped by Thad D. Berry, 13E Scale I"=10' Final revision dated July 8,2024 0 Letters and associated attachments, prepared by Norse Environmental Services, Inc. Dated July 1,2024 &July 9, 2024 21. 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. 22. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 23. 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. 24. 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. 25. 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. 26, 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. 597 Foster Street DEP File ff242-1893 NACC Findings&Special Conditions Page 3 of 14 DEP FILE #242 - 1893 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. 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 gift days (30) prior to the expiration date of the Order (Refer to Section 8.3) qf the North AiMover Wetlawl Regulatims), 29. 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. 30. 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. 31. 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 &Appendix F of the local Regulations). 32. 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. 33. The applicant, homeowners, their successors in title, and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones and 200-Foot Riverfront on 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. 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 597 Foster Street DE'll File 4242-1893 NACC Findings&Special conditions Page 4 of 14 DEP FILE # 242 - 1893 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 Mown and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order: has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded laird, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final. Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38, A check (accompanied by Order recording information and an up to date W9) payable to the Town of North Andover shall be provided in the amount of five thousand dollars ($5,000), 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 check shall be accompanied by a copy of the recorded Order of Conditions and a W9 Form as filled out by the party posting this bond. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of 597 Foster Street I7FP Pile#242-1893 NACC Findings&Special conditions Page 5 of H DEP FILI #242 - 1893 specific portions of the project far the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 39. 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 "Massachusetts DEP,File Number 242-1893." 40. 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 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 a minimum, a row of staked 12" minimum compost/mulch Filtrexx SiltSox (or equivalent) NOT straw wattle, shall be properly installed as depicted on the approved plans and specification sheet, between all construction areas and wetlands and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erasion. 42. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 50 feet of compost/mulch sock and sufficient stakes for staking 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, 43. Entrenched silt fencing shall be installed between the proposed restoration plantings and seeding and natural wetland to protect the resource area from any disturbance or erosion from planting activities, 44. Prior to any work construction the wetland restoration plantings shall be installed and disturbed soils properly stabilized with straw mulch or biodegradable erosion control blanket. 45. Planting installation shall be supervised by a qualified wetland scientist, 46. After (or at the same time as) planting installation but before any other work/construction on site, the existing wetland marker 4x4 posts shall be relocated and 597 Foster Street DEP Pile 11242-1893 NACC.Findings&Special Conditions Page 6 of 14 DEP FILE 9 242 - 1893 installed in front of this swath of planted area. Wetland markers bearing the following text: "Protected Wetland Resource Area". This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. Prior to installation in the field, the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator. The applicant 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. Said markers are available for purchase in the Conservation Department at Town Hall, 47. Once planting and marker installation is complete, a site inspection shall be arranged with the Conservation Department to verify compliance. 48. Prior to construction, wetland flagging in the field shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 49. The Commission anticipates that de-watering activities will be required for this project. Therefore, prior to any work/construction on site, and in time for the on-site pre- construction meeting, the means and methods of dewatering, and their location on site, shall be reviewed and approved by the Conservation Department. The agreed upon dewatering BMP's shall be installed and ready for use at the time of the pre-construction meeting. 50. An Operation & Maintenance Plan shall be submitted to the Conservation Department in time for the pre-construction meeting. 5t All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 52. Any/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 597 Foster Street DEP File 112,12-1893 NACC Findings&Special conditions Page 7 of 14 DEP FILE #242 - 1893 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 Conunission's request, 53. The erosion controls shall serve as the limit of work for construction 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. 54. 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. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of'1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 55. Prior to any work commencing on-site, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 56. Prior to any work commencing on site., it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. The Building Permit will not be signed off by the Conservation Department until all pre-construction requirements have been net. 57. 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 597 Foster Street DEP File 4242-1893 NACC Findings&Special Conditions page 8 of 14 DEP FILE # 242 - 1893 to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 58. 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. 59. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, well drilling 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). STORMWATER MANAGEMENT CONDITIONS 60. Water quality in down gradient BVWs 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. 61. The rain garden shall be maintained by the homeowner in perpetuity. DURING CONSTRUCTION 62. 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. 597 Foster Street DEP File#242-1893 NACC Findings&Special conditions Page 9 of 14 DEP FILE # 242 - 1893 63. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness - whichever is most applicable, as determined by the Conservation Commission or its staff. 64. No fuel storage shall occur on site during construction. Refueling of equipment shall be by fuel truck delivery to the site. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loaned, 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. 66. 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. 67. No re-grading in the buffer zone is proposed or allowed under this Order of Conditions. 68. 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. 69. Materials stockpiling shall be kept to the street-side of the house and must be outside the 25-Foot No Disturbance Zone at all times. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 70. All waste generated by, or associated with, the construction activity shall be contained outside the 25-Foot No Disturb Zone, 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, 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 597 Foster Street DEP File 042-1893 NACC Findings&Special Conditions Page 10 of H DEP FILE # 242 - 1893 72. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 1.00 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be clone within 100 feet of a resource area. AFTER CONSTRUCTION 73. The existing concrete pad shall not be considered or utilized as a foundation for any future proposed outbuilding and no activity may be conducted on this pad (e.g. fires, staging areas etc...). No additional structures shall be allowed within the 50-Foot No Build Zone. This condition is on-going beyond the issuance of a.Certificate of Compliance. 74. The wetland restoration shrub plantings and seeded areas shall exhibit an overall survivorship of at least 75% and the tree plantings shall exhibit 100% survivorship after two growing seasons post installation. Dead or dying shrubs or trees shall be replaced during that timeframe. 75. At the end of the two growing seasons, the wetland consultant shall prepare a report detailing the condition of the restoration plantings and success rate. 76. The Commission shall retain the discretion as to whether to issue a Certificate of Compliance or Partial Certificate of Compliance depending on the status and conditions of the mitigation plantings. 77. "l'he wetland restoration plantings shall be left to naturalize without routine mowing or other landscaping maintenance once fully established. This condition is on-going beyond the issuance of a Certificate of Compliance. 78. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 79. 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. No road salt, sodium chloride or other de-icing chemicals shall be used on paved surfaces on the site within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the 'rown's Wetland.Protection Bylaw and shall remain in perpetuity. 597 Poster Street DE P Pile 11242-1893 NACC Findings&Special Conditions Page I l of 14 DEP FILE # 242 - 1893 80, There shall be no dumping of leaves, grass clippings, brush, or other debris unto a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 81. 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. 82. 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 storinwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 83. 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. 84. 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 snap/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 Conunission, i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered. Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. "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. 597 Foster Street DEP File 4242.-1893 NACC Findings&Special Conditions Page 12 of 14 DEP FILE # 242 - 1,893 Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ALiy disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) 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 #31); ➢ Resource Area Markers (Condition #46); Maintenance of the rain garden (Condition #61); ➢ Discharge or spillage of pollutants (Condition #72); No structures on concrete pad or within 50' NBZ (Condition #73); Restoration plantings left to naturalize (Condition #77); Prohibition of underground fuels (Condition #78); Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Condition #79); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #80); Prohibition of the use of coal tar based products for paving (Condition #82). 597 Foster Street DFAI File 11242-1893 NACC Findings&Special conditions Page 13 of 14 DEP FILE #242 - 1893 APPENDIX A- AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 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 or NACC numbei) 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 under the pains and penalties of perjury day of—.--.---,-19 (Signature-authorized agent of applicant or owner) 597 Foster Street DEP Fife 4242-1893 NACC Findings&Special Cotidifims Page 14 of 14