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HomeMy WebLinkAboutNACC #356, 65 Berkeley Road OOC - Permits #NACC #356 - 65 BERKELEY ROAD 5/20/2026 4 Massachusetts Departmen�t of Environmental Protection Provided by MassDEP* Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# ions WPA Form 5 - Order of Condit Massachusetts, Wetlands Protection Act, M-G.L. c. 131, §40 eDEP Transaction# 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. Order of Conditions b. [J Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant- Requirements Susan Teberio a. First Name b. Last Name Important: When filling', ........ olut forms on c.Organization they Berkeley Road computer, s only the d.Mailing Address ue tab key to North Andover ............ MA 0 18.4 5---- move your e.City/Town f. State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant)- retu rn key. tab a.First Name b. Last Name c.Organization .......... d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location." 65 Berkeley Road North Andover i a. Street Address b. City/Town Map 47 Lot 68, c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known- 42d67m3503,s, -71d12rn1736s d. Latitude e. Longitude wpaform5.doc-rev 8/3/2023 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw 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 (cant.) & 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) 15129 27 c.Book d. Page February 26, 2026 May 13, 2026 May 20, 2026 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): Proposed Plot Plan a. Plan Title Hawthorne Land Surveying Services, Inc. Chad Pelletier b. Prepared By c. Signed and Stamped by April 26, 2026 1"=20' 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. E Public Water Supply b. Land Containing Shellfish c- ® Prevention of Pollution �� d. E Private Water Supply e. ❑ Fisheries E Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. E Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. 0 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 813J2023 Page 2 of 13 4 Massachusetts Department of Environmental protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw 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.) Denied because: b. 0 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. E Buffer Zone Impacts: Shortest distance between limit of project 51.6 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. ❑ 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. ❑ 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 8/312023 Page 3 of 13 4 .,� Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# 3 WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town B. Findings (cunt.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement lo. El Designated Port Indicate size under Land Under the ocean below Areas ' 1 1. ❑ 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 cu yd cu yd 13. ❑ Coastal Beaches 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. EJ 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 ig. ❑ 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 wpaform 5,doc•rev 8/3/2023 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw , 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 (cunt.) #23. If the project is far 23 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 G. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BV\M 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 0.05(l 1)(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 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. wpaform5.doc•rev 8/3/2023 Page 5 of 13 4 ,,... Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# r WPA Fora 5 - Order of Conditions i ' 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. g. 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"I "File Number NACC #356 " 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 81312023 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: '- Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# WPA Form/ 5 - Order of Conditions L 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.) 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) El 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 9; wpaform5.doc•rev 8/3/2023 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# WPA Fora, 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 (coat.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)} shall execute and submit to the issuing authority an operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: 1.) 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 BIVIPs 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 19(f) through 19(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(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 81312023 Page 8 of 13 4 -� Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# F WPA Form a — 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. 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(l1), 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 8/3/2023 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw , MassDEP File# WPA Fora a - Order of Conditions i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? El Yes [:] No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. Ej 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 Ch. 190 et. 1. Municipal Ordinance or Bylaw 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 81312023 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC#356 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, eDEP Transaction# North Andover City/Town E. signatures This order is valid for three ears, unless otherwise specified as a special — v3(,r 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 fora. 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. -------- Signature ~,.r-._, Pr' ted Nary e �� Signature Printed Name f - �- Sig � Pri ted Name 11A0 € � VL' � r - ; Sign r � Printed Name Signature � ._ PrOted Namp , Signature a Pri ted Name - � ..- V t Signature F Printed Name Signature Printed Name I A ❑ by hand delivery on ❑ by certified mail, return receipt requested, on 0 J Date Date wpaform5.doc•rev 8/3/2023 Page 11 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw � WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 1 31, §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 CIVIR 10.03(7)within ten business days from the date of issuance of this order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking 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 CIVIR 10.00). To the extent that the order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc•rev 8/3/2023 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands NACC #356 Bylaw MassDEP File# 14 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. .______________________________..__....___....____..___-.._..W W-W..__W____......________________--..___..______W____W..__W___- To: North Andover Conservation Commission Please be advised that the order of Conditions for the Project at: 65 Berkeley Road NACC#356 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page Susan Teberio for: Property owner and has been noted in the chain of title of the affected property in: 15129 27 Book Page In accordance with the order of Conditions issued on: 05-20-26 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 wpaform5.doc•rev 81312023 Page 13 of 13 65 Berkeley Road NACC 4356 The North Andover Conservation Commission (hereinafter the "NACC") sets forth the following findings of fact: Current Project Site Conditions: The 0.29- acre site is currently developed with a single- family house, built in 1981, paved driveway, utilities, lawn, landscaping and associated appurtenances. The site contains too-foot buffer zone associated with an off-site Isolated Vegetated wetland. The wetland resource area delineation has been previously approved under an GRAD issued to Royal Crest, DEP File #242-1 771. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Bylaw. a. Off-Site Isolated Vegetated Wetland (IVW) -- wetland Flag Series Q11-Q16 b. 100-Foot Buffer zone to IVw c. The project site does not lie within NHESP Priority Habitat or within 100 feet of vernal pools d. The project site does not occur within the too--year floodplain e. The project site does not occur within Zoo-Foot Riverfront Area 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 The project site has not been subject to any previous permitting with the NACC. 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 modif or differ from the fans specifications or other ro osals submitted with the Notice of Intent the conditions shall control. E=GENER:AAL CONDITIONSall 21. The proposed work includes: razing an existing rear deck and constructing a 30' 3" x 36' 6" ADU addition with 4' frost wall crawl space foundation, with a 5'x8' entryway and associated steps; construction of a 12" 7" x 43' concrete patio; installation of 1'x1' crushed stone infiltration trench at the edge of patio and ADU; removal of existing shed currently located within the 50' NBZ and partially within the 25' NDz. The patio and ADU will be just outside the 50' NBz at 51'6" to the closest wetland flag. 65 Berkeley Road NACC#356 Findings&Special Conditions Page 1 of 13 65 Berkeley Road NACC 9356 Arborvitae or white spruce plantings are proposed along the rear of the property on the upland side of the existing stone wail. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): 0 Notice of Intent: dated February 2026, with associated attachments, filed by: o Applicant: Susan Teberio 65 Berkeley Load North Andover, MA 01845 • Representative Wetland Consultant: o Maureen Herald Norse Environmental Services, Inc. 2100 Lakeview Avenue, Unit 3A Dracut, MA 01826 • Record Site Plans: "Proposed Plot Plan.#65 Berkeley Road" prepared by Hawthorne Land Surveying Services, Inc., signed and stamped by Chad Pelletier, PLS, scale 1"=20', revised dated April 26, 2026; 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 pleasures, 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 65 Berkeley Road NACC#356 Findings&Special Conditions Page 2 of 13 65 Berkeley Road NACC #355 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 (Defer 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 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 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 notwithstanding proposed mitigation measures within the buffer zone and resource areas as approved 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 the permits 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 65 Berkeley Road NACC#356 Findings&Special Conditions Page 3 of 13 65 Berkeley Road NACC ##356 Order resulting from failure to comply with its conditions, including on--going 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 1 oo-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. EPRIOR To CONSTRUCTION 'See attached Submittal Checklist to aid with organization." ---- 36. No work shall be undertaken until all administrative appeal periods from this order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been.completed. 37. This order shall be recorded, in its entire , 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 two thousand dollars ($2,000) 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 55 Berkeley Road NACC#356 Findings&Special Conditions Page 4 of 13 65 Berkeley Road NACC #356 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 NACC's review and approval. This condition is issued under the authority of the local Bylaw. 39. The shed slated for removal shall be removed from the site and the footprint shall be seeded to restore to a stabilized vegetated condition. 40. 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. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion.control. The Environmental Professional will immediately notify the conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor 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. 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 sequence/schedule of all phases of construction, installation of sedimentation/erosion control devices and re--vegetation. b. Review of the entire Order of Conditions to ensure understanding by all parties. c. 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. d. A sign, visible from the street, shall be displayed at the site,visible from the public right of way, not less than two square feet or more than three square feet in size bearing the words "'NACC #356." e. All erosion control measures shall be properly installed, as noted on the approved plan, between all construction areas and wetlands as shown on the approved plan set and as prescribed in this OOC. f. Any additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of 65 Berkeley Road NACC#356 Findings&Special Conditions Page 5 of 13 65 Berkeley Road NACC #356 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. g. De-watering for excavations is not anticipated, however, if the need arises and prior to implementation in the field, means and methods shall be reviewed and approved by the Conservation Department and shall be proposed outside the 25" NDZ. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge Into a resource area. h. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 25 feet of silt sockZ compost 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. i. Prior to construction the applicant shall permanently mark the limit of the No Disturb.Zone with four (4) weather resistant monuments along the rock wall, installed at 30-Moot intervals (with one marker at each rear property corner), bearing markers reading: "Protected Wetland Resource Area" at a ratio of two square markers and two 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 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. j. 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 65 Berkeley Road NACC#356 Findings&Special Conditions Page 6 of 13 55 Berkeley Road. NACC #356 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 building permit will be withheld until all pre-construction requirements have been satisfied. 42. 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. 43. 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 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. 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. 45. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). within 21 days of the close of said public hearing the NACC will issue an amended or new order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 46. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this order of Conditions and referenced documents before commencement of construction. 65 Berkeley Road NACC#356 Findings&Special Conditions Page 7 of 13 65 Berkeley Road NACC #356 47. 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.. STORMWATPR MANAGEMENT CONDITIONS 48. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this order of Conditions, unless specifically approved in writing by the Commission. 49. Water quality in down gradient wetlands 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. IMPORTANT: Immediately upon completion of installing the addition foundations, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundations location and their proximity to wetland resource areas as approved under this order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. [Failure to comply may result in a stop work order for the site.] 51. The applicant, owner their employees and successors in title are plac,ed on notice that the proposed addition is to be located —51' 5" from the wetland which is 'lust outside of the NACC 50-Foot No Build Zone. This leaves virtually no room for error in the citin of the foundation edge relative to the wetlands and remain in required compliance with the 50' NBZ. 65 Berkeley Road NACC#356 Findings&Special Conditions Page 8 of 13 65 Berkeley Road NACC #356 52. 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. 53. 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. ALiy fill imported to the site must be accompanied by a certificate of .origin or an analysis certifving cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 54. No outdoor fuel storage or construction equipment refueling shall occur within jurisdictional resource areas during construction. 55. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 56. 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 15f 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. 57. 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. 58. 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. 59. Materials stockpiling shall occur at the 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. 65 Berkeley Road NACC#356 Findings&Special Conditions Pa e9of13 65 Berkeley Road NACC 4356 60. 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. 61. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 62. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CC]NSTRUCTION 63. 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. 64. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (c 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. 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 loaming and seeding according to MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 67. 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 Berkeley Road NACC 4356 Findings&Special Conditions Page 10 of 13 65 Berkeley road NACC #356 68. 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. 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 disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 69. 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), 65 Berkeley Road NACC#356 Findings&Special Conditions Page 11 of 13 65 Berkeley Road.NACU 4356 ➢ No other work without new application (Condition#34); ➢ Resource Area Markers (Condition#41.1.); ➢ Discharge or spillage of pollutants (Condition #62); ➢ Prohibition of underground fuels (Condition #63); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #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). 65 Berkeley Road NACC#356 Findings&Special Conditions Page 12 of 13 65 Berkeley Road NACC #356 APPENDIX A- AFFIDAVIT t, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK ATLEAST 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 nilmber) 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 Mi 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) 65 Berkeley Road NACC#3 56 Findings&Special Conditions Page 13 of 13 Pre-Construction Submittal Checklist 55 Berkeley Road NACC#356 This checklist must be completed prior to start of work and the re-canstructivn site ins ecton with Conservation staff and ro'ect team. Condition Required Submittal Due Date Submitted # Recorded order of conditions(ALL After 1 0-business day appeal #37 pages) period $2K check payable to Town of Prior to any work and prior to pre- #38 North Andover&Up--to-date W9 construction site inspection with Form (for bond paperwork Conservation staff&project team preparation) Written confirmation from erosion Prior to any work and prior to pre- #40 control monitor he/she has been construction site inspection with contracted to monitor project conservation staff&project team Detailed construction schedule& Prior to any work and prior to pre- #4' .a. &c. project contact list construction site inspection with Conservation staff&project team "NACC#356"project sign Prior to any work and prior to pre- #41.d. displayed visible from street construction site inspection with Conservation staff&project team Erosion controls installed per plan, Prior to any work and prior to pre- #41. e.&h. and additional emergency erosion construction site inspection with controls on site Conservation staff&project team Installation of wetland markers Prior to any work and prior to pre- #41.i. construction site inspection with Conservation staff&project team Building permit must be applied for Prior to any work and prior to pre- #41 j. and awaiting sign off in portal construction site inspection with Conservation staff&project team During construction: Interim Immediately upon foundation #50 Foundation As-Built Plan installation and prior to further construction activities