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Home My WebLink About242-1914, 465 Stevens Street OOC - Permits #242-1914 - 465 STEVENS STREET 9/3/2025 4 Massachusetts Department of Environmental Protection Provided uvMeasoEp: Bureau of Resource Protection - Wetlands 242'1914 �� Order � Conditions ��a E� �� Lt 1� ��m /� Form � — ~�� x ��0uU�� Massachusetts Wetlands Protection Act K8.G.Lo. 131. §40 ooEp Transaction w North Andover A. General Information Please note: North Andover this form has 1. From: been modified ~"""=,""""^=""=o" with added 2 Thieiu�uanceiafor snae� � u� Order b� �� Amended Order ofConditions accommodateaccommodate (checkone): �� meRegistry of Deeds a. To: Applicant: Requirements James Petrooke a. First Name b, Last Name Important: When filling out forms on uurganization the 4S5 Stevens Street computer, use only the — Mailing Address tab key m North Andover MA 01845 move your o. cuy/|nwn tsmte g Zip Code cursor do not use the 4� prope�y Owner(ifdi�erentfromepp|ioent): return key, ' ' a. First Na me b. Last Name c.Organization MAIM ............. .......................... d. Mailing Address e.uty//mwn f.ntate g.Zip Code n. Project Location: 465 Stevens Street North Andover a.Street Address b.City/Town Map AG Lot15 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude. if known: 42d74m00s 71d06m4Oa d. Latitude e. Longitude °nafwmn.uoc`rev 5/1mzmu Page 1m/u 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cont.) 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) 16643 175 c. Book d. Page 7. Dates: July 30, 2025 August 27, 2025 September 3, 2025 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): Proposed Site Plan 465 Stevens Street North Andover, MA _ a. Plan Title Andover Consultants, Inc. Dennis Griecci, PE b. Prepare_dB y c.Signed and Stamped by July 30, 2025 1"=10' d. Final Revision Date e.Scale 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 Z 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 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# 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.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project 42' 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 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet 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 j.square feet wpaform5.doc•rev 5/18/2020 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# 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 1o. ❑ 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 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc•rev 5/18/2020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover C ity/Town B. Findings (cont.) #23. Ifthe 23. ❑ Restoration/Enhancement: project is for the purpose of restoring or enhancing a W a.square feet of BV 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.I Tc(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)(f). 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 5/18/2020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 WPA Form 5 — Order of Conditions MassDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# L11 # North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 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 242-1914 " 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. wpaform5.doc•rev 5/18/2020 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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; wpaform5.doc•rev 5/18/2020 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# ! WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc•rev 5/18/2020 Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: _ Bureau of Resource Protection - Wetlands 242-1914 WPA Form 5 — Order of Conditions MassDEP He# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDE P Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 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. ® 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) wpaform5.doc•rev 5/18/2020 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided uvMasmoep: Bureau Of Resource Protection - Wetlands 242-1S14 *�y�� »� ��x� � Conditions ----- F—'' ��m x� o C�� — ��m �� `�� Massachusetts Wetlands Protection Act K4.G.Lo. 131. §48 NodhAndover E. Signatures This Order iu valid for three years, unless otherwise specified oauspecial — condition pursuant ho General Conditions#4.from the date ofissuance. 1.Date'�spuance Please indicate the number of members who will sign this form. This Order must be signed bya majority of the Conservation Commission. z. Number ofSigners The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Printed Name �--?'� .................................... Sign Printed Name Signature Printed Name All g� � �b-1 n Signature Printed Name SignatUre/ Printed Name Signature Printed Name El by hand delivery on F-I by certified mail, return receipt requested, on D%ate— Date °pmurrno,dm'rev mxon x Page 11mm 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1914 MassDEP File# LI I- PA Form 5 - Order of Conditions 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. wpaform5.doc•rev 5/18/2020 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# 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: 465 Stevens Street 242-1914 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page for: James Petroskey Property Owner and has been noted in the chain of title of the affected property in: 16643 175 Book Page In accordance with the Order of Conditions issued on: 09-03-25 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 wpaform5.doc•rev 5/18/2020 Page 13 of 13 465 Stevens Street- DEP FILE # 242 - 1914 The North Andover Conservation Commission (hereinafter the "NACC") sets forth the following findings of fact: Current Project Site Conditions: The project site consists of a 0.38-acre residential parcel on Stevens Street (Assessors Map 95 Lot 7) in North Andover, MA. The site presently contains an existing single family house, detached garage, deck, utilities, driveway, rear yard and perimeter fencing. The property contains the 100-foot buffer zone associated with an off-site bordering vegetated wetland and intermittent stream, with the 25' NDZ (which is naturally vegetated and wooded) located just beyond the rear property line. The house and garage were constructed in the year 1900. In February of 2025, a large -95' tall white pine tree fell onto the garage and house causing damage to the extent that the house was deemed uninhabitable. Due to the unacceptable hazard it posed, the garage had to be demolished per order of the North Andover Building Commissioner. Jurisdictional Wetland Resources: The NACC agrees with the delineation of the following wetland resource areas as observed by Conservation Administrator and Conservation Field Inspector with no flag adjustments, and reflected on the final approved plan. These resource areas are significant to the interests of the Act and Town Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests of the Act and the Bylaw. • Bordering Vegetated Wetland (BVW) - Wetland Flags 1A - 5A • 100-Foot Buffer Zone to the BVW • The property does not lie within NHESP Priority or Estimated Habitat • The property does not lie within the 100-year floodplain • There are no perennial streams within 200' of the property Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: the demolition of an existing house, deck and foundations of the house and the garage. Construction of a new single-family house with garage under and new driveway, and a rear deck with stairs in a slightly larger footprint. Some site grading at the rear yard is proposed. Work is within the 100-foot buffer zone to bordering vegetated wetland. Portions of the new deck and stairs will 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page 1 of 12 465 Stevens Street - DEP FILE # 242 - 1914 be located within the 50' No Build Zone, but the new house and garage will be outside the NBZ. A waiver request was submitted by the applicant for the proposed deck and stairs. After review and consideration, the NACC unanimously voted to grant the waiver as the NACC finds that the square footage of the proposed deck and stairs within the NBZ will be reduced from 60 s.f. to 52 s.f. and will not result in any determinantal impact to the wetland or buffer zone. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent: dated July 30, 2025 with associated attachments, filed by: o Applicant: c/o James Petroskey 465 Stevens Street North Andover, MA 01845 o Representative: Dennis Griecci, PE Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 o Wetland Consultant: Maureen Herald Norse Environmental Services 2100 Lakeview Avenue, Unit 3A Dracut, MA 01826 • Record Site Plans: -Prepared by Andover Consultants, Inc. o Proposed Site Plan 465 Stevens Street- dated July 30, 2025, signed & stamped by Dennis Griecci, PE 22. 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 (i.e. the project site as described above) 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. 23. The applicant, homeowner their successors in title and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes, but are not limited 465 Stevens Street DEP File 4242-1914 NACC Findings&Special Conditions Page 2 of 12 465 Stevens Street- DEP FILE # 242 - 1914 to, house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA and must be reviewed under a separate application submitted to the Conservation Commission. 24. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 25. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 26. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30)prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wetland Regulations). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall 465 Stevens Street DEP File 9242-1914 NACC Findings&Special Conditions Page 3 of 12 465 Stevens Street- DEP FILE #242 - 1914 be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone can cause further alteration of the wetland resource areas. Therefore, 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 Isolated Vegetated Wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. (See Section 3.4 &Appendix F of the local Regulations). 33. 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. 34. 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 35. 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. 36. 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. 37. Once the Order is recorded and a current W9 form is provided, a check payable to the Town of North Andover shall be provided in the amount of three thousand dollars ($3,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, 465 Stevens Street DEP File 9242-1914 NACC Findings&Special Conditions Page 4 of 12 465 Stevens Street - DEP FILE #242 - 1914 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. 38. The applicant shall designate and engage a wetland scientist, professional engineer or other qualified environmental professional, as an"Erosion Control Monitor" to oversee regular inspection or replacement of sedimentation control devices and any emergency placement of controls. Proof of the retained monitor must be submitted to the Conservation Department on letterhead/email by the retained consulting firm in time for the pre-construction meeting. Contact information for the erosion control monitor shall be forwarded to the Conservation Department in time for the sit-down meeting. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Erosion Control Monitor will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor must be available during any 24-hour period, including weekends in case of an emergency. 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. 39. 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 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. 40. All dewatering activities, if employed, and BMPs shall be inspected and monitored by the designated erosion control monitor. 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 465 Stevens Street D> P File#242-1914 NACC Findings&Special Conditions Page 5 of 12 465 Stevens Street- DEP FILE #242 - 1914 provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 41. Prior to construction and in time for the on-site pre-construction meeting the following shall be implemented/prepared for Conservation Department inspection: a. A detailed construction sequence/schedule that includes all milestones, including but not limited to: erosion control installation, demolition timeline, utility connection, earth work, excavation, final site stabilization, etc....; b. A contact list for all responsible parties for site development and monitoring phases. Contact list shall include names, role, cell and office phone numbers, mailing addresses and email addresses. c. A sign shall be displayed at the site, visible from the traveled public right of way, not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1914." d. All erosion control measures, which shall consist of a landward row of 12" mulch socks at the limit of work as shown on the approved plan shall be properly installed between all construction areas and wetlands as shown on the approved plan set. e. The proposed dewatering BMPs shall be installed and ready to function as shown on the approved plan. f. Wetland flagging shall be checked in the field prior to the on-site pre- construction meeting 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. g. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 25 feet of 12" mulch sock covered from the elements. These extra erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. The NACC or its Agent shall have the discretion to require additional emergency erosion control BMP's to be brought to the site and/or installed if deemed necessary. h. Four wetland markers shall be installed on the rear fence starting at each end of the fence and then at roughly 20-foot intervals facing upland. Said markers shall incorporate the following text on their upland side: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Said markers are available for purchase in the Conservation Department at Town Hall. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page 6 of 12 465 Stevens Street- DEP FILE #242 - 1914 i. 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, or phases of the project where appropriate, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas is avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. The Building Permit application shall be submitted and in the queue prior to the on-site pre-construction meeting_ 42. The erosion controls, shall serve as the limit of work. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 43. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office and shall arrange an on-site conference with a NACC representative,the contractor, erosion control monitor, project engineer and the applicant to ensure that all of the Conditions of this Order are understood. A reasonable period of time shall be provided as notice of the pre- construction meeting (e.g., 72 hours). 44. 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. 45. 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. 46. 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 465 Stevens Street DEP File 4242-1914 NACC Findings&Special Conditions Page 7 of 12 465 Stevens Street - DEP FILE #242 - 1914 shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. STORMWATER MANAGEMENT CONDITIONS 47. Water quality in down gradient wetland systems shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or stormwater management systems from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 48. Any proposed landscaping within the buffer zone shall consist of species native to New England. Landscaping outside jurisdictional resource areas shall consist of species that are non-invasive in all respects. Prior to implementation, a final landscape plan with plant schedule, shall be submitted to the NACC/Conservation Administrator for review and approval. 49. 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. 50. Any imported fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to roots, concrete, other non- soil constituents, and other deleterious or compressible materials lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. Any soil amendments imported to the site shall be obtained from a responsible source, to avoid introducing invasive organisms into the resource area, and any imported mulch shall be all natural & free of any dyes. 51. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, beyond November 15th of any construction year, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay, straw, tackifier or 465 Stevens Street DEP File 4242-1914 NACC Findings&Special Conditions Page 8 of 12 465 Stevens Street- DEP FILE # 242 - 1914 biodegradable erosion control blanket (as appropriate depending on slope, or other conditions etc...) 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. 52. 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 public roadway, it will be swept up daily. 53. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical), unless otherwise shown on approved plans referenced herein. 54. Construction materials and excess soils shall not be stored or stockpiled within jurisdictional wetland resource areas. At no time during demolition or construction shall stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 55. 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. All dumpsters must be covered properly when not in use. No dumpsters will be allowed within 25' of jurisdictional wetland resource areas. 56. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 57. 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. AFTER CONSTRUCTION 58. No underground storage of fuel oils shall be allowed on the 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 Towri s Wetland protection Bylaw. 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page 9 of 12 465 Stevens Street- DEP FILE #242 - 1914 59. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 60. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 61. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris into a wetland resource area or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 62. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 63. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 64. 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. 65. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page 10 of 12 465 Stevens Street - DEP FILE #242 - 1914 i. A written report summarizing pH monitoring results collected throughout the life of the project; j. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & 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 qU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 66. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); ➢ Resource Area Markers (Condition #41.h.); ➢ Discharge or spillage of pollutants (Condition #57); ➢ Prohibition of underground fuels (Condition #58); ➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and de-icing compounds (Conditions #59 & #60); ➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or the 25-foot No-Disturb Zone (Condition#61); ➢ Prohibition of the use of coal tar-based products for paving (Condition #62). 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page I 1 of 12 465 Stevens Street- DEP FILE #242 - 1914 APPENDIX A- AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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. I 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. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 465 Stevens Street DEP File#242-1914 NACC Findings&Special Conditions Page 12 of 12