HomeMy WebLinkAbout242-1899, 865 & 877 Johnson Street OOC - Permits #242-1899 - 877 JOHNSON STREET 10/21/2024 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1899
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "eDEP Transaction 0
L11 - North Andover
City/Town
A. General Information
Please note: North Andover
this form ties i. From. ------------------------------------------
been modified Conservation Commission
with added 2. This issuance is for
Space to a. Order of Conditions b.F1 Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Arthur Resca
a.First Name b. Last Name
Important:
When filling ..............
out forms on c.Organization
the 250 Fisher Road
computer,
use only the d.Mailing Address
tab key to Holden MA 01520
move your e.City[Town f.State g,Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
Carole Resca
---------------- ---------------
4:1 a. First Name b.Last Name
c,Organization
865 Johnson Street
d.Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. Project Location:
865 &877 Johnson Street North Andover
a.Street Address b.City[Town
Map 107A Lots 28 &293
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d39m27s 71d5m45s
d. Latitude e.Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1899
�j MassDEP File#
PA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eoEP Transaction#
North Andover
Crtylrown
A. General Information (cant.)
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)
973 91
c.Book d. Page
Jul 2, 024 October 9, 2024 October 21, 2024
7, Dates: ___`l__...__2___.Y.. ... .. .... .....�. ...._....
a.Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan of Land in North Andover 865 & 877 Johnson Street-2 Sheets in plan set
a.Flan Title
Merrimack Engineering Services Vladimir Nemchenok
b. Prepared By c.Signed and Stamped by
September 12, 2024 1"=20/
d,Final Rev I_.sio._.-n Dat i.e_._..---- . . _ >>.. ----
e.Sca-_l- .e_...-------
....._ . ....... _...... ...... ...--------
__._---
—
u_
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c, ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations, This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department mf Environmental Protection Provided ufMemeoep:
Bureau of Resource Protection -Wetlands 242-188Q
����� � � Order � o� r8^�^
�nn �� Form "� -- ���^u0�� ��" ��K�K�xa���ons
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 ooEp Transaction#
North Andover
B. Findings (cont.)
Denied because:
b. Fl the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Than*h)ne, work onthis project may not goforward 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 Boforward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate tnprotect the Act's interests, and a final Order nf Conditions in issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order mm per 310 CKORi1O.O5(6)(c).
3, M Buffer Zone Impacts: Shortest distance between limit ofproject 57
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
� ���� a. linear feet—' Tb.linear feet-- c.linear fGet -- d. linear feet--
s. E] Bordering
Vegetated Wetland m.square feet k square feet o.square feet d.square feet
8. Land Under
VVaterbod|eaond u square feet b.nqumre feet c.mquana-feet doqummfeet
Waterways
7. [] Bordering Land
Subject toFlooding a.square feet ».square mot u.mquuve|ont '."square" feet
Cubic Feet Flood Storage
e.cubic feet— f.cubic feet — g.cubic feet h.cubic feet_
0 F1 Isolated Land
Subject toFlooding a.square feet quumfeet �
�
Cubic Feet Flood Storage c_cvbic feet-- d.cubic fe,et-- e_cubic feet — f.cubic feet --
9. El Riverfront Area
a.total sq.feet b.total sq.feet
Sqk within 1OOft c,square feet d.square feet e.square feet f.square feet
OqR between iOO-
2O00 9.square feet h.square feet i square feet j.square feet
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Massachusetts Department mf Environmental Protection Provided hyMa soEp:
Bureau of Resource Protection - Wetlands 242'18OA
�����J� 0� �� Order � Conditions
DE� File��
m�o �� Form � — .����� ��" "������U�U����
Massachusetts Wetlands Protection Act k8.G.LC. 131. G4O oosp Transaction w
North Andover
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals On|y)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10 Oen�gnoba� Pod� ��F� Indicate size under Land Under the Ocean belowAreeo '
11. Fl Land Under the
Ocean a,Square feet equ are feet
12 �� Barrier
Indicate size under Coastal Beaches and/or Coastal Dunes
�� below
13. El Coastal Beaches vv
a.square feet b.square feet c.nourishment d. nourishment
14� Fl Coastal Dunes uu yd cu
yd
a.square feet b.square feet G.nourishment d. noudifirrre''n't'
15 Coastal
� ��7� a.linear feet
-- b_linvar feet�-
1O. 171 Rocky Intertidal
Shores a.square feet h.square feet
17. 0 Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. F] Land Under Salt
Ponds a.square feet 67oq6a�fem(
19. Fl Land Containing
Shellfish u.Square feet o.square feet d.square feet
oO, [:] Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under VVobe/bodiesand
Waterways, above
21 [] Land Subject to
Coastal Storm a.square feet b square feet
Flowage
22. El RiverhnntArem
a.total sq.feet b.total sq.feet
Sqft within 1OOftc.square feet d.square feet e,square feet f.square feet
!
Qqft between 1OO'
200
ft g.square feet ogua/a f�e| J.oquwnaheet j.square feet �
�
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1899
WPA. Farm 5 ® Order of Condition MassdEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'ebr-PTransaction#---___--
_.._._.._ North Andover
cityfrown
- ------------- ......— _. __..... - —
. Findings (cone.)
#23, If the 23. ❑ Restoration/Enhancement*:
project is for
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.1Tc(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)(9.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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Massachusetts Department mf Environmental Protection Provided»YMau000P:
Bureau Of Resource Protection - Wetlands 242-1890
MassDEP File
����� � � ���� � Conditions
m�u x� Form � — "�u ^*�� ��w ~����^��uUons
Massachusetts Wetlands Protection Act K8.G.L. c. 131, G40 e»ep Transaction#
North Andover
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been 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 lonoted, within
the chain of title ofthe affected property. In the oaoa of recorded land, the Final Order shall
also be noted in the Registry's Grantor IndeX Linder 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 {}njer
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 [)vder, which form must be
stamped by the Registry pf Deeds, prior(n the commencement nfwork.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet |n size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number 242-1890 "
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 K4aeeDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (VVP/\ 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 ofthe Conservation Commission in writing whether the change is significant enough
to require the filing of 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 tothis
Order atreasonable 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 Environrnental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1899
WPA Form 5 — Order of Conditions MassDEP FiCe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
C. Genera[ Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, 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 place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve 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) is subject to the Massachusetts Stormwater Standards
(2) is NOT subject to the Massachusetts Stormwater Standards
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 Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall 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 a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1899
MassDEP File#
L( I WPA Form 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 (coat.)
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.
wPafora6doc rev 511 812 02.0 Page 8 of 13
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Massachusetts Department Vf Environmental Protection Provided byMam»osp
242-1O80
Bureau 0f Resource Protection - Wetlands
����� � � ���� � o� �^�~
mnu ^� Form � — "�u ^m�� ��u `�����U��ons
Massachusetts Wetlands Protection Act M.G.Lc. 131, 840 eoiffpTmomaction#
North Andover
C. G iMeNGl Conditions Under Massachusetts Wetlands Protection Act (coOt.)
g} The responsible party shall:
1. Maintain on 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 (ooahon);
2. Make the maintenance log available hoKUaooDEP and the Conservation
Commission /"Commine|on"\ upon request; and
3. Allow members and agents nf the yWoeaDEP 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.
h\ 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) mho|| not ba altered without the prior written
approval of the issuing authority.
|) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
mt least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20 FVrT�n�P ��c� �uNe��to31Q �kAR1OO5(11) the
� /»1 . � . .' �
monitoring plan and the restoration plan submitted with the Notice of Intent. If the �
conservation commission or Department determines that the Test Project thoeahens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project asdirectedbvtheconnarvaUon
commission or the Department.
�
�
°r*°rmzvoc'rev cmvmvm Page vwm
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1899
WPA Farm 5 — Order of Conditions MasspEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
CityA own
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ Na
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. 0 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or 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. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Chap. 190
1.Municipal Ordinance or Bylaw et. Seq.
........_.........
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & Special Conditions (see attached)
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Massachusetts Department of Environmental Protection Provided y Mass E
AUPeaU of �SDU[CB P[O\GCtiOU -\�/8f}BOds
Resource
������� K� 8� ���^� � Conditions
�a EP
File
mmo o� Form � �� Order �� ��������U����
Massachusetts Wetlands Protection Act K8.G.Lc. 131. G4O oEpTm m�
E. Signatures
This Order iswdN/orthme years, unless otherwise specified asmspecial
condition pursuant to General Conditions#4.�nm the dab*of issuance. I o!�- -q
Please indicate the number of members who will sign this form.
This Order must be signed bya majority of the Conservation Commission. l Number ofSigners
The Order be mailed by certified mail(return receipt requested)or hand delivered b the applicant.A
copy also must bo mailed wr hand delivered mt the uame time ba the appropriate Department vf
Environmental Protection Regional Office, |fnot filing electronically, and the property owner, ifdifferent
from applicant. |
�
Sign A' Prip d Name
!
Printed Name
SignatureSignature Pr nted am�
igna ur Printed Name
Printed �
171 by hand delivery on by certified mai|, return receipt
« requested,
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1899
MaSSDEP File#
f WP'A Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cikyfrown
F. ,Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc•rev 511 812 02 0 Page 12 of 13
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Massachusetts Department of Environmental Protection Prodded by MassDEP:
Bureau of Resource Protection - Wetlands 242-lass
_
MassDEP File#
WPA► Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP 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 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:
865 & 877 Johnson Street 242-1899
Project location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
_. _ .. - — ----- _. ------
County Book-- -- Page
for: Carole Resca
Property Owner
and has been noted in the chain of title of the affected property in:
973 91
Book Page
In accordance with the Order of Conditions issued on:
10-21-24
D at e..__..- _...._
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
_.
Document Number
...... ......
Signatra€e of Applicant
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865 & 877 Johnson Street-DEP FILE # 242 - 1899
Findings of Fact
Current Project Site Conditions: This Order of Conditions governs two properties located at
865 Johnson Street &877 Johnson Street. 865 Johnson Street is a 1.32-acre lot containing a
recently vacated single-family house built in the early 1960s. The neighboring parcel at 877
Johnson Street is a 1.31-acre project site currently consists of undeveloped wooded land. Both
properties have a moderate slope at the front toward Johnson Street.
Previous Wetland Permitting.
No prior files or permits are on record with the Conservation Department for these particular
parcels.
Planning Board Permitting:
These lots were part of a 4-lot subdivision, which proposed to disturb more than an acre of
land, and therefore triggered a Land Disturbance Permit with the Planning Board and
associated stormwater management requirements. The Planning Board's Land Disturbance
Permit was issued February 20, 2018. Two of the four lots at 185 and 203 Mill Road have
been developed and permitted through the NACC by OOC DEP #2424-171.4 (Certificates of
Compliance have been issued for these lots).
The NACC agrees with the delineation of the following wetland resource areas in the vicinity
of the project location as reviewed in the field by the Conservation Field Inspector and
reflected on the approved plan. The Applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests in the Act and
Bylaw.
a. Off-site Bordering Vegetated Wetland (BVW) -Wetland Flags 1A-12A located
on the opposite side of Johnson Street
b. On-site Bordering Vegetated Wetland (BVW) - Wetland Flags 17A, 18A, and
19A - no work is proposed in the Buffer Zone to this resource area.
c. 100-Foot Buffer Zone associated with the BVW across Johnson Street projects on
to the front of the property, and a portion of the work will be between 50'-100'
Buffer Zone
d. The property does not contain 200-Foot Riverfront Area
e. The property does not lie within the 100-year floodplain
f. The property does not lie within.NHESP Priority habitat
g. The BVW resource areas do not contain certified or potential vernal pools based
on NHESP mapping
h. The property is not within the protected watershed district associated with
Lake Cochichewick
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
865&877 Johnson Street-DEP FILET#242-1899
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86.5 & 877 Johnsoii Street - DEP FILE # 242 - 1899
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 lntent the conditions
shall control.
GENERAL CONDITIONS
21. The proposed work includes: demolition of an existing home at 865 Johnson Street
(built in the early 1960s and recently abandoned), and constructing two new single
family homes at 865 Johnson Street and the neighboring undeveloped lot at 877
Johnson Street. Other project elements include the installation/construction of septic
systems, subsurface infiltration BMP's, bioretention areas, driveways with stone
infiltration trenches, associated grading, utilities and landscaping. A portion of the
driveways, utility connections, tree removal and front yard grading are located
between 50' - 1.00' Buffer Zone associated with the off-site 1.A-1.2A-Series BVW. No
new structures are proposed within the 50-Foot No-Build Zone,which falls within the
paved section of Johnson Street's right of way.
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 filed by Applicant: Arthur Resca
250 Fishes:Road
Holden, MA 01520
Property Owner: Carole R. Resca (since 1962)
865 Johnson Street
North Andover MA, 01845
Project Engineer: William Dufresne, PE
Merrimack Engineering Services
66 Park Street
Andover, MA 0181.0
Site Plan:
• "Site Plan of Land" sheet 1 of 2, prepared by Merrimack Engineering
Services., signed and stamped by Vladimir L. Nemchenok, PE, scale 1" =
20', Dated revised.September 12, 2024;
o "Site Plan of Land" (Detail Sheet) sheet 2 of 2, prepared by Merrimack
Engineering Services., signed and stamped by Vladimir L. Nemchenok,
PE, scale as shown, Dated revised September 12, 2024;
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865 & 877 Johnson Street-DI41P I+ILE #242 - 1899
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/properties referenced in
the Notice of Intent, supporting documents and this Order of Conditions. The NACC
shall be notified in writing within 30 days of all transfers of title of any portion of
property that takes place prior to the issuance of a Certificate of Compliance.
24. These lots (865 &877 Johnson Street) are recorded under the same Deed at the
Northern Essex Registry of Deeds at Book 973 Page 91, dated October 23, 1962. The
conditions and obligations of this Order of Conditions shall be expressed in all.
covenants and deeds to any/all successors or owners of any or all portions of the
subject properties.
25. The Applicant and/or the legal owner of that portion(s) of land upon which this
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion(s) of said land to another party, subject to said
Orders of Conditions, the "Compliance Certification Form Affidavit" via the attached
"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.
26. 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.
27. 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 (31.0 CMR 10.00), the North Andover Wetland Bylaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of. Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the Applicant in writing.
28. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
29. The work authorized hereunder shall be completed within three years from the date of
this order.
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865 & 877 Johnson Street - I EP FILE # 242 - 1899
30. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days(30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
Andover Wetland Regulations),
31. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
32. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
33. The NACC finds that the intensive use of the upland areas and buffer lone 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 areas. 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 Disturb Zone. Any other:work within the 100'
buffer zone, aside from that approved under this Order, may be subject to additional.
permitting with the NACC. (See Section. 3.4 &Appendix F of the local R("'gulations).
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 permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
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.
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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
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 dated on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. 'I'he 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. Prior to the scheduling of an on-site pre-construction meeting, a plan detailing means
and methods for handling any and all excavation or surface dewatering on site shall
be submitted to the Conservation Department for review and approval. In time for the
pre-construction meeting, the approved dewatering BMP's shall be installed by the on
site, and the Conservation Department shall inspect same at the pre-construction
meeting.
40. 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.
41. A check (accompanied by the recorded Order of Conditions and an up to date W9
Form) payable to the Town of North Andover shall be provided in the amount of
fifteen thousand dollars ($15,000) which shall be in all respects satisfactory to Town
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865 & 877Johnson Street - DEP FILE #242 - 1899
Counsel,Town"Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The Applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued tinder the authority of the local Bylaw.
42. 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.
43. 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.
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 "Massachusetts DEP,
File Number 242-1899."
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
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865 & 877 Johnsoll>t Street- D +'P FILE #242 - 1899
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) 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
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 minimum, a row of staked 12" mulch/compost sock (Filtrexx SiltSoxx or
equivalent) backed by securely entrenched and staked silt fencing shall be properly
installed on the upland side of Johnson Street between all construction areas and
wetlands. If deemed necessary by the Conservation.Department, another row of 12"
mulch/ compost sock shall be installed on the wetland side of Johnson Street. These
erosion controls 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 the pre-construction meeting and
before any removal or stockpiling vegetation or soils, an additional 50 feet of mulch
sock and silt fence with sufficient amount of stakes, and not less than 2 ROLLS of
100% biodegradable erosion control blanketing (no plastic netting) and sufficient
stakes for staking of all erosion control BMP's. These shall be 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.
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865 & 877 Johnson Street -DEP FILE 9 242 - 1899
50. In addition, mulch sock needed for the stockpile areas shall be on site and protected in
time for the pre-construction meeting.
51. The stone construction entrances detailed on the approved plan shall be established
immediately after the tree and vegetation removal within the proposed driveway
footprints has been completed. No other tree or vegetation removal will be allowed to
continue until the stone construction entrances have been installed. This shall be
inspected by the Conservation Department once installed.
52. The footprints of the proposed subsurface infiltration units shall be cordoned off so as
to avoid soil compaction from construction equipment activity.
53. The mulch/compost socks backed by silt fencing shall serve as the limit of work at the
front of the property. The 100' Buffer Zone to the 17A49A wetland flag series shall be
marked in the field with orange safety fencing, which will act as the limit of work at
the rear of the property. This orange snow fencing shall be inspected at the pre-
construction meeting by the Conservation Department. Site personnel shall be
informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond these lines at any time.
54. Prior to construction, and in coordination with the Conservation Department during
the on-site pre-construction meeting, the Applicant shall install seven(7) wetland
markers evenly spaced on mature trees, or pressure treated wooden posts, along the
edge of the 100' Buffer Zone to the 17A-19A Series BVW, and five (5) wetland markers
on mature trees,within the right way in front of the 1.A-12A Series BVW. 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.
55. Prior to any work commencing on-site, the Applicant/cont>:actor 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 is avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
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granted. Note: The Building Permit shall have been applied for at the time of a pre-
construction meeting with the Conservation Department, and Conservation
D�artment sign off will not be granted until all pre-construction conditions are
satisfied,
57. 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. The on-site pre-construction meeting will
not be scheduled until these re-construction tasks deliverables are completed. 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
58. 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,
59. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
60, The subsurface infiltration chambers and bioretention swales shall be maintained per
the Post Construction Phase Operation & Maintenance Plan (dated 06-14-17) as
approved under the Planning Board's February 20, 2018 Land Disturbance Permit.
DURING CONSTRUCTION
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61 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.
62. 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 origi
or an analysis certifying cleanliness - whichever is most applicable as determined by
the Conservation Commission or its staff,
63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay/straw and or
biodegradable erosion controls blanket. 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 witli a layer of mulch hay
or other means approved by the NACC,
64. 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.
65. 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.
66. The construction access and all materials stockpiling area is proposed outside the 100-
Foot Buffer Zone as shown on the approved plans. At no time shall be stockpiling of
soil or any other materials occur on the wetland side of the erosion controls.
67. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The Applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50 feet of the edge of BVW.
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68. 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.
69. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. 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 CONST1;:i,UCTION
7L 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.
72. 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 wetland 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 cinder the authority of the Towns Wetland
Protection bylaw and shall remain in perpetuity.
73. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
74. There shall be no dumping of leaves, grass clippings, brush, or other debris into
wetland resource areas or the 25-.foot No-Disturb Zone. This condition shall remain in
perpetuity.
75. Upon completion of construction and grading, all disturbed sediment/fill/soil located
upgradient of wetland 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,
76. 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
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(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
77. 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.
78. 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 naive and address of the individual/trust or corporation to whom the
compliance is to be granted,
f. The street address and assessor's map/parcel number for the project,
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. 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;
5> "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area.
"As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw,
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aanv disturbance of soils or vegetation.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project;
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NACC Findings&Special Conditions
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865 & 877 Johnsoili Street- DEP FILE # 242 - 1.899
Y 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 udder the
local Bylaw. Future proposed work within the 100-foot Buffer Zone will
require a permit from the NACC (Condition #33);
Y Resource Area Markers (Condition #54);
�= Adherence to the Stormwater BMP Operation & Maintenance Plan
(Conditions #60);
5> Discharge or spillage of pollutants (Condition #70);
Y Prohibition of underground fuels (Condition #71);
Limitations on the use of fertilizers, herbicides, sodium based de-icing
compounds and pesticides (Conditions # 72& 73);
No dumping of leaves, grass clippings, blush, or other debris into a wetland
resource area or the 25-foot No-Disturb Zone (Condition #74).
5> Prohibition of the use of coal tar-based products for paving (Condition #76).
865&877 Johnson Street-DEP FILE#242-1899
NACC Findings&special Conditions
Page 13 of 14
865 & 877 Johnson Street- DEP FILE #242 - 1899
APPENDIX A- AFFIDAVIT
11 oti oath do hereby depose and state:
(authorized agent Applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with Applicant) (Applicant name or company name)
the Applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC 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 up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that 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 9
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.- day of-—--------- 19
--------------
(Signature-authorized agent of Applicant or owner)
865&877 Johnson Street-DEP FILE#242-1899
NACC Findings&Special Conditions
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