HomeMy WebLinkAbout242-1922, 121 Millpond, Millpond Townhomes - Verizon FIOS OOC - Permits #242-1922 - 121 MILLPOND 1/22/2026 A
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Massachusetts Department of Environmental Protection Provided by MassDER
242-1 9122
N Bureau of Resource Protection - Wetlands MassD;EP File#
WPA Form 5 — Order of Condiflons
Ma
eDEP Transaction#ssachusetts Wetlands, P rotectio n Act M.G.L. c. 131, §40 North Andover
City/Town
A. General Information
Please note: North Andover
this form has, 1. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. Z Order of Conditions b. Amended Order of Conditions
accommodate (check onle):
the Registry
of Deeds 3. To, Applicant:
Requirements
Gabriel Albisu
a. First Name b. Last Name
Important:
When filling Verizon New England, Inc.
out forms on c.Organization
the 125 Lundquist Drive
compute:r, d Mailing Address
use only the .
tab,key to Braintree MA 211 44
move your e. City/Ton f.State g,Zip Code
cursor-do
not use the 4. Property Owner if different from applicant):
return key.
ClO Robert Zuzak
tab
a. First Name b. Last Name
Millpond! Homeowners Association
c.Organization
MM
2,00 Harkaway Road
d. Mailing Address
North Andover MA 01845
e. City/Town f.State g.Zip Code
51., Project Location,
121 Millpond (Bld#s 8, 10, 13 & 18) North Andover
a. Street Address b.City own
Map 95A Lots:47-53, 55-591 68-707 84-92
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d69472m s 71 d 1 1387m s
d. Latitude e. Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1922
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.)
C. 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)
10008 77
c. Book d. Page
October 23, 2025 January 14, 2025 January 22, 2025
7. Dates: 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):
Plans to Accompany Notice of Intent, 2 Sheets
a. Plan Title
Verdantas Eric M. Denardo, PE
b. Prepared By c.Signed and Stamped by
October 20, 2025 As Noted
d. Final Revision Date e. Scale
See Attached List of Approved Documents
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
Public Water Supply b. Land Containing Shellfish c- ® Prevention of
a H u pp y ❑ g Pollution
d. H Private Water Supply e. Fisheries f. E Protection of
Wildlife Habitat
g. ® Groundwater Supply h. Z Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. Z the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242.1922
MassDEP File#
rl WPA Form 5 --°- Order of Conditions
t
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. El 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. E Buffer Zone Impacts: Shortest distance between limit of project 6'
disturbance and the wetland resource area specified in 310 CMR 1 0.02(l)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet 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.cly dredged f.cly dredged
7. EJ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. EJ 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 1 00--
200 ft g.square feet h.square feet i.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1922
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. El 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. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c. nourishment d. nourishment
15. ❑ Coastal Banks
a. linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i,square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1922
�- MassDEP File#
WPA Form 5 — Order of Conditions
5
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
#23. If the
project is far 23. F1 Restoration/Enhancement
e
the purpose of
restoring or a.square feet of BVVV b.square feet of salt marsh
enhancing a
wetland
resource area 24. ❑ Stream Crossings}:
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
4B or The following conditions are only applicable to Approved projects.
B.1 7.c(Salt
Marsh)above, 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
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).
0, 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 I unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
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.,� Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1 922
MassDEP File#
WPA Form 5 - Order of Conditions
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
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 242-1922 "
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 #1 3 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this order and to any contractor or other person performing work
conditioned by this order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1922
- WPA Form a — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
C ity/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) R is subject to the Massachusetts Stormwater Standards
(2) Z is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1922
—� 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 (cunt.)
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 1 8(e)} shall execute and submit to the issuing authority
an operation and Maintenance Compliance Statement ("O&M Statement) for the
Stormwater B1VlPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1922
-- 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 (cant.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
l} Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - wetlands 242-1922
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts wetlands Protection Act M.G.L. c. 1 31, §40 eDEP Transaction#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z 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. Z that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover wetlands Protection Bylaw& Regulations Chap. 190
. Municipal ordinance or Bylaw et.seq.
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
North Andover Conservation Commission Findings & special Conditions (see attached)
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Massachusetts Department of Environmental Protection Prodded by MassDEP:
Bureau of Resource Protection - Wetlands 242-1922
MassDEP File#
F: WPA Form 5 — Order of Conditions
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
E. Signatures
This order is valid for three ears unless otherwise specified as a special �J
years, p p
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. 5
This order must be signed by a majority of the conservation Commission. 2.Number of Signers
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.
Si Printed Name
ture Printed Name
R f-J kA A V ON
Signatur Printed Name
K S4
ANO
Signature Pri ted Name
Signatur Printed Name
V V
Signature Printed Name
Signature Printed Name
Signature Printed Name
by hand delivery on by certified mail, return receipt
requested, on ZZ
Date Date
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1922
MassDEP File#
WPA 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 saline 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.o.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 C M R 10.00). To the extent that the order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242--1922
MassDEP File#
WPA Fora 5 - Order of Conditions
z
Massachusetts Wetlands Protect Acfi N.G.L. c. 3 , �4o 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:
121 Millpond Townhomes, Bld #s 8,10,13 & 242-1922
18 MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
Millpond Homeowners Assoc.
for: Property Owner
and has been noted in the chain of title of the affected property in:
10008 77
Book Page
In accordance with the Order of Conditions issued on:
01-22--26
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
wpa#arm 5.doc•rev 5/1812020 Page 13 of 13
121 Mill Pond, Building Ws 8, 10, 13 & 18 DEP FILE # 242 -- 1922
The North Andover conservation commission (hereinafter the "NAcc") sets forth the
following findings of fact:
Current Project Site Conditions: The site consists of a 1970's condominium complex
including 18 buildings (120 residential units total), detached garages, associated utilities,
driveways, walkways, parking, clubhouse/pool facility, and lawn/landscaped areas.
Wetland resources occur within and adjacent to the complex including Mill Pond,
Cochichewick Brook, 200-Foot Riverfront Area and bordering vegetated wetlands.
The NACC agrees with the delineation of the following wetland resource areas as reviewed
in the field by the Conservation Administrator without flag adjustments. 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. Building 8, 9 & 10: Bordering Vegetated wetland (BVW) - Flag #'s 76-95
b. Building 11 Bordering Vegetated wetland (BVW) - Flag #'s 33-43
c. Building 1.8: Bordering Vegetated wetland (BVW) - Flag #'s 1-13
d. 100-Foot Buffer zone to BVw's
e. 200-Foot Riverfront Area to Cochichewick Brook
f. 100-Year Floodplain (no filling of floodplain proposed)
g. The subject project sites does not lie within NHPSP Priority Habitat or within
100 feet of vernal pools
These resource areas are significant to the interests of the Act and Town Bylaw as noted
above and therein.. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
Project Site Permit Histor
Various areas of the complex have been subject to previous permitting with the NACC.
NOI Procedural I Iistor :
The Commission held the public hearing at its December 10, 2025 &January 14, 2026 regular
meetings. During the December 10th meeting, the NACC requested additional information
including: expanded evaluation of alternative routes for conduit runs, evaluation and
opinion from a certified arborist regarding condition of trees/root systems within the conduit
route and more definitive description of the means and methods of conduit installation.
Having reviewed and considered a 3-rd party certified arborist's report and additional
alternatives analysis provided by the project engineer, the NACC found the proposal to be
acceptable in conjunction with compliance with the conditions listed below and voted to
grant the waiver to allow temporary disturbance within the 25' NDz and work within root
zones of large deciduous trees along the bank.
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
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performed in accordance with said conditions and with the Notice of Intent/approved plans
referenced below. To the extent that the followin conditions modlfv or differ from the
fans specifications or other proposals submitted with the Notice of Intent the conditions
shall control.
GENERAL CONDITIONS
21. The proposed work includes: installation of underground conduit from the existing
electrical cabinets at the following Building Ws: 8 (Units 54-59), 10 (Units 68-70),13
(Units 84-93), and 18 (Units 47-53) . The proposed conduit has a 1/2"' inner diameter
and 5/8" outer diameter and will be placed 18 to 24 inches below grade. The conduit
SHALL be installed by open trenching in a manner consistent with the 3rd party
certified arborist's report per Special Condition #40 below.
22. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required).
■ Notice of Intent: dated October 202, 2025, with associated attachments,filed by:
o Applicant: Verizon New England, Inc.
c/o Gabriel Albisu
125 Lundquist Drive
Braintree, MA 02184
o Property owner: Millpond Homeowners Association
c/o Robert Zuzack
200 I Iarkaway Road
North Andover, MA 01845
• Representative/Project Engineer:
o Jarret Bastys, EIT & Eric DeNardo, PE
Verdantas, LLC
1005 Main Street, Suite 8120
Pawtucket, RI 02860
• Record Site Plans: Plans to Accompany Notice of Intent, 2 Sheets -- overall Key Site
Plan &Site Plan & Details; prepared by Verdantas, signed and stamped by Eric M.
DeNardo, PE; scale as noted, final revision date October 20, 2025.
■ other Record Documents Peer Review Letters:
o Email Correspondence --J. Bastys, PE dated 12-15-25
o Letter RE: Tree Evaluation&Protection Measures, dated January 12, 2026,
prepared by Verdantas - J. Bastys PE
121 Mill Pond,Building Ws 8,10,13& 18 DEP File 4242-1922 NACC Findings&Special Conditions
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o Letter RE: Tree Protection and Foot zone Management, dated January 9,
2026 prepared by Chris wood, ISA. Certified Arborist/PPQ &TRAQ Cert.
Heirloom Tree &Shrub Care
23. The term"Applicant" as used in this order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property (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.
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 revolve 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 perrnittee 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).
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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
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") o-Disturbance zone and
a fifty foot 50` No-Construction zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as established under
the local bylaw-. No disturbance of existing grade, soils or vegetation is permitted in
the No--Disturbance zone under this order of Conditions.
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 this permit's
terms and conditions. The contractor and applicant/property owner will be held
jointly liable for any violation of this order resulting from failure to comply with its
conditions and approved plans as they relate to the contractor's scope of work.
Thereafter, the applicant/property owner will be held liable for any violation of this
Order resulting from failure to comply with its conditions, including ongoing
perpetual conditions.
34. 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 site and any
work that involves ground disturbance or changing the current conditions in these
areas will require permitting with the NACC. This includes, but are not limited to,
house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and
bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be
held to the current standards under the Bylaw and wPA and must be reviewed under
a separate application submitted to the Conservation Commission.
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.
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121 Mill Pond, Building#'s 8, 10, 13 & 18 DEP FILE #242 - 1922
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 and all pre-construction conditions herein
have been satisfied.
37. This order shall be recorded, in its entirety, by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods. No work shall be undertaken
until the Final order has been recorded in the Registry of Deeds or the Land Court for
the district in which the land is located, within the chain of title of the affected
property. In the case of recorded 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.
38. A check payable to the Town of North Andover, accompanied by the OOC recording
information and an up-to-date w9 form, shall be provided in the amount of three
thousand dollars ($3,000) 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 and
a Certificate of Compliance is issued. The applicant may propose a monetary release
schedule keyed to completion of specific portions of the project for the NA.CC's review
and approval. This condition is issued under the authority of the local Bylaw.
39. The applicant shall designate a wetland Scientist [or other qualified environmental
professional as approved by the NACC or its agent] as an"Erosion Control Monitor"
to oversee any emergency placement of controls and regular inspection or replacement
of sedimentation control devices. Proof of the retained monitor must be submitted to
the Conservation Department on letterhead by the retained consulting firm in time for
the sit--down meeting. Contact information for the erosion control monitor shall be
forwarded to the Conservation Department in time for the sit-down meeting. At least
once during each week in which construction activities occurs on-site and for as long
thereafter as ground remains unstabilized, the applicant/erosion control monitor shall
submit a-written report with photographs prepared by the erosion control monitor to
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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. In order to protect the roots of the two red maple trees (20" dbh and a double leader
14" dbh) located on the wetland-facing slope behind the Building #13,the erosion
control monitor MUST directly observe all work along/within the entire trench
route at Building#13 to ensure means and methods of work in this particular area
complies with reconunendations outlined in Letter RE: Tree Protection and Root zone
Management, dated January 9, 2026 prepared by Chris wood, ISA Certified
Arborist/PPQ &TRAQ Cert. Heirloom Tree &Shrub Care. Specifically:
a. Tree Protection and Trenching Requirements: To protect tree health and long-
term stability, the following measures should be implemented: Minimum
setback from tree stems, trenching should remain a minimum of 10-12 feet from
the base of all red maples, with greater distance used where feasible.
b. Trench Ali nment: The conduit route should be field-adjusted to remain as
close to building foundations and deck structures as practical, maximizing
separation from the tree root zones and the wetland slope.
c. Root Encounter Protocol: If roots 2 inches in diameter or larger are encountered,
mechanical trenching shall stop immediately.
d. Air Spade Excavation: In areas where larger roots(2" + caliper) are present,
excavation shall proceed using an air spade to expose roots without tearing or
cutting them. Conduit may then be routed beneath or around the roots with
minimal disturbance.
e. Additional Tree Setbacks Based on Site Conditions:
i. Behind SS Millpond Road: Maintain 1.0-12 feet minimum from both red
maples, with greater clearance where feasible.
ii. Behind 90 Millpond Road: Maintain at least 10 feet of clearance from the
stem, routing under the privacy wall where possible
41. The erosion control monitor shall be given the authority to stop construction for the
purposes of correcting problems with erosion control. The monitor will immediately
notify the Conservation agent of any matter that requires attention by the Commission
or the agent. The monitor must be available during any 24-hour period, including
weekends in case of an emergency. The monitor will be required to inspect all such
121 Mill Pond,Building#'s 8, 14, 13& 18 DEP File 4242-1922 NACC Findings&Special Conditions
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121 Mill Pond, Building Ws S, 10, 13 & 18 DEP FILE 9 242 - 1922
devices and oversee cleaning and the proper disposal of waste products. Cleaning
shall include removal of any entrapped silt.
42. 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 copy of the order of Conditions, with each page bearing the general
contractor/site supervisor's initials to ensure acknowledgment/understanding
of all conditions herein.
b. A detailed sequence/schedule of all phases of construction, installation of
sedimentation/erosion control devices and re-vegetation.
c. A contact list for all responsible parties for the project. Contact list shall include
names, role, cell and office phone numbers, mailing addresses and email
addresses.
d. Signs shall be displayed at the work areas, visible from the public right of way
close to the work zones, not less than two square feet or more than three square
feet in size bearing the words "Massachusetts DEP, File Number 242-1922."
e. All erosion control measures shall be properly installed between all
construction areas and wetlands as shown on the approved plan set and as
prescribed in this OOC. Such barriers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
f. Wetland flagging 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.
g. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, an. additional 50 feet of silt socWcoampost filter tube, silt fence
and sufficient stakes 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. The NACC or its Agent shall have the discretion to require
additional emergency erosion control BMP's to be brought to the site if deemed
necessary.
h. Prior to construction the applicant, in consultation with Conservation
Department staff, shall permanently mark the No Disturb .Zone with weather
resistant monuments (e.g. 4x4 pressure treated or cedar posts or on mature
trees where appropriate), if not already present, installed at intervals agreed
upon in consultation with the Commission or designated agent, if markers
along the wetlands in the work areas are missing or not previously installed.
The markers shall display language noting: "Protected wetland Resource
.Area" at a ratio of one square marker for every three round markers. This will
designate the wetland resource sensitivity and assure no further inadvertent
encroachment into the wetland. Prior to installation in the field, the placement
of these permanent markers shall be subject to review and approval by the
Conservation Administrator. The applicant shall instruct all agents to explain
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these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant. These markers shall remain posted and be
replaced as necessary in perpetuity. Said markers are available for purchase in
the Conservation Department at Town Hall.
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 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: Conservation Department sign off of the buildin or an
other local permit will be withheld until all reconstruction requirements have
been satisfied.
43. The 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.
44. Once these above--mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation office prior to site activities and shall arrange
an on-site conference with a NACC representative,, the contractor, erosion control
monitor,wetland scientist, 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).
45. Durin the on-site re-construction meetin&conservation staff and the erosion
control monitor shall walk the limit of work(LOW)/erosion control line and reap out
and numerically label fixed locations that will serve as photo--documentation points
along the Low so as to establish consistent observation points within the site as the
project moves through various construction phases. These observation points shall be
included in each weekly or storm event report.
46. 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.
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47. 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.
48. 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.
IISTORMWATER MANAGEMENT CONDITIONS
49. 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
50. 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.
51. Any additional erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts, which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request
52. 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-
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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. A fill imported to the site must be accompanied b a cer n tifi cate of
.origin or an analysis certifving cleanliness - whichever is most applicable as
determined by the Conservation Commission or its staff.
53. No outdoor fuel storage or construction equipment refueling shall occur within
jurisdictional resource areas during construction.
54. Cement trucks (if employed) 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.
55. 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 15t'-L of any construction year, exposed soil finish
grade surfaces shall be stabilized with a layer of mulch hay, straw, tackif ier or
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.
56. 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.
57. No re-grading in the buffer zone shall have a slope steeper than 3:1 (horizontal:
vertical), unless otherwise shown on approved plans referenced herein.
58. Materials stockpiling shall occur outside jurisdictional resource areas or at a location
as shown on the approved plan or approved by the Conservation Agent. At no time
shall be stockpiling of soil or any other materials occur on the wetland side of the
erosion controls.
59. 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 jurisdictional resource areas.
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60. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
61. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored
within 100 feet of wetland resource areas, and no vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of a resource area.
EAFT:E:R:C0NSTRUCTI0N
................ :Z1
62. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town"s wetland protection.Bylaw.
63. 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 unless
approved.under Special Condition#77 above. 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.
64. No sodium-based products shall be used for control of ice or snow within 100 feet of
the wetland.
65. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris
into a wetland resource areas or the 25-foot No-Disturb zone. This condition shall
remain in perpetuity.
66. 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 NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
67. 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.
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68. 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.
69. 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 whorl the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. 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 a- y disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
70. The following special conditions shall survive the issuance of a certificate of
Compliance (COC) for this project:
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➢ 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);
➢ No other work without new application (Condition#34);
➢ Resource Area Markers (Condition #42.h.);
➢ Discharge or spillage of pollutants (Condition#61);
➢ Prohibition of underground fuels (Condition#62);
➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and
de-icing compounds (Conditions #63 & 64);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb zone (Condition#65);
➢ Prohibition of the use of coal tar based products for paving (Condition#67).
121 Mill Pond,Building#'s 8,10,13&18 DEP File#242-1922 NACC Findings&Special Conditions
Pa e 13 of 14
121 Mill Pond, Building#'s 8, 10, 13 & 18 DEP FILL #242 - 1922
APPENDIX A- AFFIDAVIT
i, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
('LEASE CIHEC.K A T LEAS"ONE BL O CK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DES'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)
121 Mill Pond,Building#'s 8, 10, 13& 18 DEP File#242-1922 NACC Findings&Special Conditions
Page 14 of 14