HomeMy WebLinkAbout242-1902, 82 Liberty Street OOC - Permits #242-1902 - 82 LIBERTY STREET 11/26/2024 4
Massachusetts Department of Environmental Protection Provided by Mmo DEP
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Massachusetts Wetlands Protection Act K8.G.Lu. 131. G40
North Andover
A. General Information
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Oona Johnstone
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c.Organization
82 Liberty Street
d.Mailing Address
North Andover MA 01845
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82 Liberty Street North Andover
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 1902
WPA Form 5 — Order of Conditions MassDEP File##
LA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eb—EP-Trransacti—on
;
North Andover
CitylTown
A. General Information (cont.)
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)
12836 112
c.Book d.Page
y. Dates: August 14, 2024 November 13, 2024 November 26, 2024
_ .
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):
Wetland Permitting Presentaton Plan
_._
a.Plan Title _ ..........
.........
___
Sampskl & McNary, Inc George Dimakarakos, PE; Joseph March,
b.Prepared By PLS
October 18, 2024 111=20'
d.Final Revision Date e.Scale
See Attached List
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. Z 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
wpaform5.doc rev 5/18/2020 Page 2 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Ll
Bureau of Resource Protection - Wetlands --1�a�
WPA Farm 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "eaEP Transaction#_-__-
North Andover
Gity/Town
B. Findings (cont.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations, Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
e. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 12'spa
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below, (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank .__ ._.___
a.linear feet b. linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a,square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged_.._
T ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage - - —
e.cubic feet f,cubic feet g,cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet M b.square feet
Cubic Feet Flood Storage —
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i square feet 1.square feet
wpaform5.doc rev EV1812020 Page 3 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1902
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
- North Andover
City/Town
B. Findings (cont.) -- —
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a.linear feet'-- b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes -- _--
a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
— -.- ......._...
c.c/y dredged d.-c/y dredged
10. ❑ Land Containing
Shellfish a.square feet b.square feet c square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area -....
a.total sq.feet b.total sq.feet
Sq ft within 100 ft _.... .--
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
%vpaform5.doc•rev 5/18/2.020 Page 4 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1902
WPA Form 5 m- Order of Conditions MassDEPFiie#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40eDE0'fransacUon
North Andover
City/Town
B. Findings (cont.) -
*#23. If the 23. ❑ Restoration/Enhancement
project is for
the purpose of
restoring or .__..-w—
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.S.c
(BVVV)or The following conditions are only applicable to Approved projects.
B.1Te(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.
wpaform5.doc-rev 511812020 Page 5 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242 1902
WPA Form v — Order of Conditions MassDEPi=[ #
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 eDEPTransachon#
North Andover
CityrFown
C. General Conditions Under Massachusetts Wetlands Protection Act
8, This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number 242-1902 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation,
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
vWform6.doc rev 6/18/2020 Page 6 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242 i902
MassDEP-File#
L'�!, WP'A► Form ® Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP transaction#
North Andover
CityFTown
C. General 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.
I& 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;
wpaform5.doc rev 5/18/2020 Page 7 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1902 ..._.....
WP'A Farm 5 — Order of Conditions MassDEP File#
Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transactio n--
North Andover
Cily/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.
wpaform5.doc•rev 5118/2020 Pace 8 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 242 1902
WPA Form 5 — Order of Conditions MassDEPFiie# -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#�
North Andover
Cityll own
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
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.
wpaform5.doc-rev 5/18/2020 Page 9 of 13
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Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetlands 242-1.902
IT VIJPA Farm 5 - Order Of Conditions MassDEPFrIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ebEPTransaction#
North Andover
Citylrown
---- ----- ----
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The ND9 hereby finds (check one that applies):
Conservation Cornrnission
a. ❑ 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. M that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Regulations Ch. 190
1 Municipal Ordinance or Bylaw et.sec.
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 Findin s & Special Conditions (see attached)
wpatorm5,doc-rev 5118/2020 Page 10 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1902
WPA Form 5 ® Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -eDEPTransaction. .............
North Andover
Cityrrown
E. Signatures 1
This Order is valid for three years, unless otherwise specified as a special I
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,Number of Stgners
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
frorn applicant.
Sigrature Prin ed Nam
Signal re Printed Name
.............................. ..................
Si6nat r Printed Name
CIA
..........
-- .
Signat u e P inted Name ........
Signatur ��w��° � " Pri te,.�
d Name
, _1 ° �J'�Lv.� Ir
Signature Printed Name
Signature Printed Name
Signature Printed Name
❑ by hand delivery on by certified mail, return receipt
lam' requested, onzo 41
Date Date
%vpaform5.doc•rev 8/3/2023 Page 11 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242 1902
WPA Form 5 — Order of Conditions MassDEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order, A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction,
wpalorm5.doc•rev 5/1812020 Page 12 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1902
WPA Form 5 - Order of Conditions assDEPRfie# _---........._
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e6 Transaction#.Ll
..
North Andover
City/Town
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:
82 Liberty Street 242-1902
Project Location MassDEP Fite Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
for: Oona Johnstone
Property Owner .....
and has been noted in the chain of title of the affected property in:
12836 112
Book Page
In accordance with the Order of Conditions issued on:
11-26-24
Date ..._.........____.__ ___...._ _ __... ___ ...._
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
vrpaform5.doc•rev 5/1 812.02 0 Page 13 of 13
82 Liberty Street-DEP FILE #242 - 1902
Findings of Fact
Current Project Site Conditions: The 1.15-acre project site currently consists of an existing
single-family house constructed in 1987, associated septic system, driveway, shed, patio,
deck, lawn, landscaping and utilities. Portions of the property contain bordering vegetated
wetland associated with open water body Sharpners Pond, and 100-foot buffer zone.
The project site has been subject to the following previous wetland permitting with the
NACC;
• OOC, #242-343 issued in 1986 - construction of the house, associated
appurtenances & septic system - CofC issued March 1989 (house pre-dated North
Andover Wetland Regulations and therefore is situated within the 50-foot no build
zone)
The NACC agrees with the delineation of the following wetland resource areas as inspected
by the Conservation Administrator, and reflected on the approved plan. The applicant
has not attempted to overcome the presumption of significance of these resource areas to
the identified interests in the Act and Bylaw.
a. Bordering Vegetated Wetland --Wetland Flags WF1. - WF15
b. 100-Foot Buffer Zone to BVW (with local 25-foot no disturb zone (25' NDZ) and
50-foot no build zone (50' NBZ) subzones)
c. The site does not contain 200-Foot Riverfront Area
d. According to 2023 Preliminary FIRM, portions of the property will be placed in
the 100-year floodplain, but no work proposed in the project will take place in
those areas
e. The property does not lie within but is directly adjacent to NHESP
Prioi:ity/Estimated.Habitat
f. The on-site resource areas do not contain certified or potential vernal pools
based on NI IESP mapping.
Therefore, the NACC hereby finds that the following conditions are necessary, in accordance
with the Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the following conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the conditions
shall control.
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82 Liberty Street - DEP FILE #242 - 1.902
GENERAL CONDITIONS
21. The proposed work includes:
After-the-Fact Permitting:
In response to a cease and desist enforcement order issued by the NACC for
unauthorized deck & footing replacement work, excavation, patio demolition, spa
relocation, soil disturbance and vegetation removal, this NOI was submitted to
provide after-the-fact permitting for the deck and associated stairs, patio and spa work
at the rear of the house. Work involving the rear deck and stairs, patio and spa is
almost entirely within the 25-foot no disturbance zone and 50-foot no build zone, with
the slightly expanded deck corner located at 13.7 feet (footings are within the original
location), and the spa 12 feet, and new stairs bottom footing at the northerly side of the
deck within the 50-foot no build zone at 28 feet from the BVW at their closest points.
Newly Proposed Work for Permitting
Newly proposed work includes septic system tank,field and pump chamber
replacement, construction of a garage with attached entryway, landing and driveway
extension. work involving the proposed garage, entryway and landing is just outside
the 50-foot no build zone; work involving the septic tank and driveway extension
occurs within the 50-foot no build zone, and the soil absorption is located between the
50' and 100' buffer: zone limits.
Waiver Request:
The applicant has submitted a request for a waiver which includes proposed 2,366 s.f.
of buffer zone and 1,350 s.f. of wetland ei-lzancement/mitigation plantings. The
waiver relates to deck stairs footing closer to the wetland than previous structures, the
driveway extension and allowance for work related to the enhancement plantings.
After due consideration on the merits of the waiver request, the NACC voted 5-1 (5 in
favor, 1 opposed) to grant the waiver as discussed. The NACC found that the site
constraints lend to limited options for the stairs and driveway, and found that the
proposed mitigation planting plan will greatly enhance existing conditions and return
the wetland and buffer zone to a more naturalized state to better protect the interests
of the Bylaw.
22. The applicant,contractors, subcontractors,homeowner, and their successors in title
are hereby alerted that no changes to the approved plan under this Order shall be
implemented in the field until written approval has been,granted by the NACC.
23. 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: Dona Johnstone & Dirk Landgraf
82 Liberty Street
82 Liberty Street DEP File 11242-1902 NACC Findings&s Special Conditions
Pa c2of1G4
82 Liberty Street- DEP FILE #242 - 1902
North Andover:, MA 01845
Wetland Consultant &Engineer: Stamski & McNary, Inc.
1000 Main Street
Acton, MA 01720
Site Plan& Documents:
A "Wetland Permitting Plan', prepared by Stamski. &.McNary, Inc., signed
and stamped by Joseph March PE/PLS, scale 1"=20', revision dated
October 18, 2024
i Waiver Request Worksheet
24. 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.
25. 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,
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 (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.
28. This Older 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.
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29. The work authorized hereunder shall be completed within three years from the date of
this order.
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 thin
days (30) prior to the expiration date of the Order (lZefer 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 snake 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 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 fiftyf (50') No-Construction Zone (except as grandfathered
and waived under this Order of Conditions) 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).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Carder resulting from failure to comply with its conditions.
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.
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82 Liberty Street-DEP FILE #242 - 1902
37. 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.
38. This Order shall be recorded, in its entirety,
by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final Order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
North Andover Conservation Commission on the form at the end of this Order prior
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
39. A check payable to the Town of North Andover shall be provided in the amount of
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
deposit of money shall be conditioned on the completion of all conditions hereof, shall
be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall
be released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion
of specific portions of the project for the NACC's review and approval. This condition
is issued under the authority of the local Bylaw.
40. The applicant shall designate a Wetland Scientist (or other enviroru-nental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to perform
regular inspection of sedimentation control devices. or to oversee any emergency
placement of controls replacement Proof of the retained monitor must be Submitted to
the Conservation Department on letterhead by the retained consulting firm. The name
and phone number of the erosion control monitor must be provided to the NACC in
the event that this person has to be contacted, due to an emergency at the site, during
any 24-hour period, including weekends. This person shall be given the authority to
stop construction for the purposes of correcting problems with erosion control. The
Environmental Professional will immediately notify the Conservation agent of any
matter that requires attention by the Commission or the agent. The erosion control
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82 I.,iberty Street- DEP FILI!1 #242 - 1902
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt.
41. At least once during each week in which all phases of 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.
42. Prior to the commencement of work, each project phase supervisor/general
contractor(s) overseeing daily operations at the site must read this Order and sign
each page of the Order, so as to indicate that each condition has been read and
understood. These signed pages must be submitted to Commission Staff.
43. 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, for each construction phase.
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 242-1902."
45. 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.
46. At a minimum,the existing row of staked 12" sock backed by entrenched staked silt
fence shall remain properly installed between all construction areas and wetlands.
Additional erosion controls within the wetland itself shall not be installed as
installation will cause unnecessary disturbance. Any additional or revised erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
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82 Liberty Street- DEP FILE #242 - 1902
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,
47. The applicant/contractor shall have on hand at the start of any soil disturbance,
removal or stockpiling, an additional 50 feet of mulch sock and sufficient stakes and
two (2) rolls of 100% biodegradable erosion control blanketing (NO plastic netting
whatsoever) and associated wooden stakes as well as 8 additional hay bales to 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.
48. 'Fhe erosion controls shall serve as the limit of work. 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 this line at any time, except for planting
installation by hand.
49. Prior to scheduling a pre-construction meeting, excavation dewatering means and
methods (for proposed garage work) shall be provided to the Conservation
Department for review and approval. All dewatering BMPs shall be on site and
installed at the time of the on-site pre-construction meeting with the Conservation
Department. 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.
50. If dewatering required, all activities associated thereto shall be supervised and
witnessed by the designated Erosion Control Mordtor. 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.
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82 Liberty Street -DEP ITILE 4 242 - 1902
51. Prior to the applicable construction phases and to ensure that the setbacks to the
wetland are adhered to, the closest corners of the proposed deck, stairs, patio and spa
shall be surveyed and flagged & staked in the field with an adequate number of 5-foot
off-set stakes on the wetland side, The Erosion Control Monitor shall ensure these
stakes remain in place throughout the construction phases until these phases of work
are completed.
52, Prior to any work commencing on site, it is the responsibility of the applicant to
procure all other applicable federal, state and local permits and approvals required for
this project, and no work within the Commission's jurisdiction shall commence
until all other state or local permits, approvals, and variances have been obtained.
This is to ensure that impact to jurisdictional areas are avoided in the case that any
such permit is denied or withheld for any period of time, thereby maintaining the
integrity of the resource area or buffer zone until such time all approvals are
granted. Note: The Building Permit for the applicable phase of work shall have been
applied for at the time of a pre-construction meeting with the Conservation
Department, and Conservation Department sign off will not be granted until pre-
construction conditions are satisfied.
53. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete for each
phase of construction, the applicant shall contact the Conservation Office prior to site
preparation or construction and shall arrange an on-site conference for each phase of
construction with an NACC representative, the contractor, erosion control monitor
and the applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors
and other personnel performing the permitted work are fully aware of the permit's
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of tirne shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
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55. For each construction phase, erosion controls and wetland flagging shall be
refreshed/replaced as deemed necessary by the Conservation Department prior to
work commencing.
56. 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. Tbe project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
57. The date of issuance of this Order of Conditions (November 26, 2024) makes
installation of the enhancement plantings impractical -therefore execution of the
planting plan shall be competed no later than May 31,2025. Inspection of the
plantings shall be scheduled with the Conservation Department after installation.
58. Before install of restoration/mitigation plantings and spreading seed mixes, invoices
for the purchase of approved native New England seed mixes and native shrub
plantings shall be provided to the Conservation Department upon immediate
availability.
59. The planting installation and seeding shall be performed under the supervision of a
qualified Wetland Scientist or Landscape Architect.
60. Prior to final seeding, an invasive species inventory shall be performed to provide
base-line documentation of invasive species that are either within restored areas or
adjacent thereto,
61. Under the supervision of a qualified Wetland Scientist or Landscape Architect the
restored/planted mitigation areas shall be monitored for at least two full growing
seasons post installation (during the height of the growing season early-mid July) and
reports shall be submitted to the Corra-nission no later than November 1st of each year.
Upon observation, dead or dying plantings or seeded areas shall be
replanted/reseeded, as seasonal conditions allow. Invasive species shall be
monitored and removed manually upon observation. Detection of invasive species, an
estimation of their coverage and management of same shall be included in said
reports.
62. After restoration/mitigation planting is complete the edge of the planted zones and
remaining bordering vegetated wetland on site, shall be demarcated with not less than
fourteen (14) wetland markers mounted on weather resistant posts (e.g. 4x4 pressure
treated, cedar or granite). These posts shall be buried at least 3 feet below grade,with
the top of each post at least 3 feet above grade to maintain visibility. 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
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82 Liberty street- DEP FILE # 242 - 1902
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.
STORMWATER MANAGEMENT CONDITIONS
63. 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.
64. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
65. Immediately upon completion of installing the garage foundation, and prior to further
construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)
which accurately depicts the foundations location and their:proximity to wetland
resource areas as approved under this Order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval. [Failure to comply may
result in a stop work order for the site.]
66. 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.
67. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse/ rubbish or debris, including but not limited to lumber, bricks, plaster,wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing. Any fill imported to the site must be accompanied by a certificate of on in
or an analysis certifying cleanliness -whichever is most applicable as determined b
the Conservation Commission or its staff.
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68. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loarned, 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.
69. 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.
70. 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.
71. The construction access and all materials stockpiling area shall be adhered to as
depicted on the approved plan. At no time shall be stockpiling of soil or any other
materials occur on the wetland side of the erosion controls.
72. 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,
73. 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.
74. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
75. 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 (lone within 100 feet of a resource area.
AFTER CONSTRUCTION
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76. The buffer zone and wetland restoration planting areas shall be left to naturalize with
no routine residential landscaping treatments (i.e. mowing, pruning, mulching etc...)
to be applied thereto.
77. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area.
78. 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.
79. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
80. "There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone.
81. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff.
82. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
foaming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
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 naive and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
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82 Liberty Street-DEP FILE #242 - 1902
work has been conducted as shown on the plan(s) and documents referenced
above, and in compliance with the conditions of this Order.
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 1-,and 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.
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 a� disturbance of soils or vegetation.
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 (except as waived
under this Order). 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 #33);
Resource Area Markers (Condition #62);
Discharge or spillage of pollutants (Condition #75);
Restoration/mitigation planting areas to be left to naturalize (Condition
#76);
➢ Prohibition of underground fuels (Condition #77);
Limitations on the use of fertilizers, herbicides, pesticides & deicing
materials (Condition #78 &79);
No dumping of leaves, grass clippings, brush, or other debris into the
wetland resource areas or the 25-foot No-Disturb Zone (Condition #80);
Prohibition of the use of coal-tar based driveway sealants (Condition #81).
82 Liberty Street DEP File 4242-1902 NACC Findings&Special conditions
Page 13 of 14
82 Liberty Street - DEP FILE #242 - 1902
APPENDIX A- AFFIDAVIT
11 ........... on oath(to hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
........... I am the
(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
I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have 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-1""""""'19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions ............. are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19---------------
(Signature-authorized agent of applicant or owner)
82 Liberty Street DEP File#242-1902 NACC Ffiidhigs&Speciat Conditions
Page 14 of'14