HomeMy WebLinkAboutConservation Permit # 6/15/2012 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of nvironm n l Protection
Northeast Regional--Office®205B Lowell Street, Wilmington MA 01887.978-694-3200
DEVAL L PATRICK E C T a®� RICHARD K SU_LLIVAN JR.
GOvernGr U Secretary
TIMOTHY P.MURRAY JUN . 18 201 Z KENNETH L.KIVNELL
Lieutenant Governor Commissioner
NORTH ANDOVER
JUN 1 5' Q�� : CONSERVATION COMMISSION
2. l_ -
Ms. Michelle Saracusa Re: WETLANDS/NORTH ANDOVER
210 Andover Street DEP File#242-1480
North Andover,MAO 1845 14 Lorraine Avenue
SUPERSEDING ORDER OF CONDITIONS
AFFIRMATION
Dear Ms. Saracusa:
: Following an in-depth review of the file referenced above, and in accordance with the
Massachusetts General Laws, Chapter 131, Section 40,the Northeast Regional Office of the
Massachusetts Department of Environmental Protection;Wetlands Program(MassDEP),is
issuing the enclosed Superseding Order of Conditions (SOC) allowing the project by affirming
the North Andover Conservation Commission's Order of Conditions based upon: 1) information
and plans submitted; 2) information gathered during a May 30, 2012 site inspection; and 3)
reasons the MassDEP has deemed necessary to protect the statutory interests identified in the
Wetlands Protection Act.
The project proposal is for the demolition of an existing single family house,porch, driveway
and detached garage and the construction of a new single family house, deck(with gravel base
storage area underneath), driveway, stone wall, and associated grading and site work.
MassDEP's review of the file and site inspection confirms that the project site contains the
following resource area subject to protection under the Act: Bordering Vegetated Wetland
(BVW). In accordance with the Wetlands Protection Act and its Regulations,the
aforementioned area is presumed to be significant to the statutory interests as identified in the
attached SOC. Construction is proposed in the Buffer Zone only.
An Order of Conditions (OOC),MassDEP File#242-1480,was issued by the North Andover
Conservation Commission.(NACC) on April 13, 2012, approving the project. . . . . . . . . . . .
An appeal of the OOC was filed by you on April 24,2012 because it was your belief that the
proposed project plan did not include a restored Swale in the BVW and that the project does not
meet the 25 foot No Disturb Zone and 50 foot No Build Zone under the NACC wetlands bylaw.
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617-574-6868
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
North Andover, 14 Lorraine Avenue,DEP File#242-1480
Superseding Order of Conditions
Page 2
A site visit was held by MassDEP on May 30, 2012,that was attended by the applicant and his
representative;by you and representatives of the NACC. The existing backyard closely borders
much.of the delineated BV.W. The applicant proposes to build a stone wall that will separate the_
yard from the wetland. The proposed house will be built over the existing house footprint
entirely in the Buffer Zone. The applicant proposes to enhance portions of the Buffer Zone by
installing additional plantings.
The restored natural swale that you mention in your appeal is shown on the plan contours but it is
a very shallow feature in the BVW that was difficult to find on the ground at the site visit.
The 25 foot No Disturb Zone and 50 foot No Build Zone are under the jurisdiction of the NACC
bylaw only. MassDEP has no authority under the Wetlands Protection Act to review or rule on
issues subject to a local bylaw.
Based on the entire record and consideration of all issues raised through the appeal,it is
MassDEP's opinion that the Order of Conditions issued by the NCC approving the project serves
to protect the interest of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131,
Section 40. Therefore, pursuant to 310 CMR 10.05(7)(i),MassDEP is affirming the local Order
insofar as it applies to the Wetlands Protection Act by inclusion in the attached Superseding
Order of Conditions. Please be advised that MassDEP reserves the right, should there be further
proceedings in this matter,to raise additional issues and present further evidence as may be
appropriate.
If you have any questions concerning this Superseding Order,please do not hesitate to contact
Gary Bogue at 978-694-3372.
Sincerely,
Rachel Freed
Section Chief
Wetlands Program,NERO
cc: Breenmore Realty Trust c/o The Neve-Morin Group,Inc,447 Boston Street, Topsfield,
MA 01983
North Andover Conservation Commission, 1600 Osgood Street,North Andover, MA
01845
WPA Form 5A — Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection–
Bureau of Resource Protection–Wetlands Pro m M � U � , 80
Massachusetts Wetlands Protection Act M.G.L. . 13 , U (� —
A.-General Information . . . . . . . . .JINN .1 .� X012.
Department of Environmental Protection NORTH ANDOVER
1. From: Issuing Authority
2. This issuance is for(check one): a. ® Superseding Order of Conditions
b.❑Amended Superseding Order of Conditions
3. To: Applicant:
a. First Name b. Last Name
Breenmore Realty Trust c/o The Neve-Morin Group, Inc.
c.Organization
447 Boston Street
d.Mailing Address Line 1
Topsfield MA 01983
e.CityfTown f.State g.Zip Code
4. Property Owner(if different from applicant):
Peter Breen
a.First Name b.Last Name
Breenmore Realty Trust
c.Organization
14 Lorraine Avenue
d.Mailing Address Line 1
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. Project Location:
14 Lorraine Avenue North Andover
a.Street Address b.City/Town
46& 47 105, 107 & 1
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: e.Latitude f.Longitude
A. General Information (cont'd)
6. Property recorded at the Registry of Deeds (attach additional information if more than one parcel):
Northern Essex
a.County b.Certificate(if registered land)
. . . . . . . . - - - . . - - - - . . . . . . .
6945 219
4475 291
4882 117
c. Book d. Page
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 1 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Lll� Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
6/112010 4/ 13/2012 .
7. Dates: a.Date NOI Filed b.Date of Site Visit c.Date of Issuance of Local Order
8. Final Approved Plans and Other Documents(attach additional plans or document references):
Plan of Land in North Andover showing Proposed Site Development—Option E for 14 Lorraine Ave.
a. Plan Title
The Neve-Morin Group John M. Morin, P.E.
b. Prepared By c.Signed and Stamped By
March 21, 2012 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, the
Department finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act. Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Department hereby finds the project, as proposed, is(check one):
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. The Department 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
- - . . . . . . . . . . . . . . .
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 2 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
. Findings (cont'd) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 these
interests, 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.
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 1
wetland boundary(if available) a. linear feet
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
Waterways a.square feet b.square feet c.square feet d.square feet
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land Subject to
Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
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. F-1 Riverfrorit area . - . . . - . - - - - -
a.total sq.feet b.total sq.feet
Sq feet within 100 feet
c.square feet 'd.square feet e.square feet f.square feet
Sq feet between 100-200 feet
g.square feet h.square feet i.square feet j.square feet
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 3 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—. Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
.- Findings (cont'd) . . . . . . . . . . . . . . . . . . . . .
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port Areas- Indicate size under Land Under the Ocean, below
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
11. ❑ Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches - Indicate size under Coastal Beaches and/or Coastal Dunes below.
13. ❑ Coastal Beaches
a.square feet b.square feet c.c/y nourish. d.c/y
14. ❑ Coastal Dunes
a.square feet b.square feet c.c/y nourish. d.c/y
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
Flowage a.square feet b.square feet
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 4 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C.- General Conditions-Under-Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
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.
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.
6. If this Order constitutes an Amended Superseding Order of Conditions, this Amended Superseding
Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the
Superseding Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
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 Department 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, "MA DEP'`]
"File Number 242-1480 "
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 5 of 13
Formatted for Registry of Deeds
WPA Form 5A— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Lll� Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Department of Environmental Protection.
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
Department 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.
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 Department.
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
Department, 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order'(the"Project") is (1)❑ is not(2)® 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.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 6 of 13
Formatted for Registry of Deeds
WPA Form SA — Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C:General Conditions Under Massachusetts Wetlands Protection Act (cont.) . . .
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that:
L 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;
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. anv veaetation associated with post-construction BMPs is suitablv 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
19(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 BMPsOperation 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,
and 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.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions-Page 7 of 13
Formatted for Registry of Deeds
WPA Form SA— Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C:General Conditions Under Massachusetts Wetlands Protection Act (cont)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of
material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the
site to evaluate and ensure that the responsible party is in compliance with the requirements
for each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in_the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit
(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development
Site Design Credits)shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Brief Project Description: Demolition of existing house, garage, driveway and construction of a new
single-family house deck driveway and stone wall with associated grading and landscaping
®See the attached Order of Conditions containing Special Conditions 20-73 with all plan references
and/or other attachments issued by the North Andover Conservation Commission (NACC) on April
13, 2012 which is hereby affirmed and made part of this decision, as modified by the following
special conditions: 74-76
_ . Findings. Under.Municipal.Wetlands Bylaw.or Ordinance.
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the
Massachusetts Wetlands Protection Act or regulations, the Department has no jurisdiction to
supersede the local by-law order.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 8 of 13
Formatted for Registry of Deeds
WPA Form 5A — Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Issuance
This Order is valid for three years from the date of issuance, unless otherwise specified
as a special condition pursuant to General Conditions 4 or 6.
Issued by: Department of Environmental Protection:
Signature:
Rachel Freed, Section Chief, Wetlands Program
This Order is issued to the applicant as follows:
❑ by Hand delivery on: ® by certified mail on:
6/Is /?® I
Date Date Certified Mail#
F. Recording Information
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 Page 10 of this form shall be submitted to the Department.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 9 of 13
Formatted for Registry of Deeds
WPA Fora SA - Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Massachusetts Department of Environmental Protection—Northeast Regional Office
Issuing Authority
To: MassDEP
Issuing Authority
Please be advised that the Order of Conditions for the Project at:
14 Lorraine Avenue 242-1480
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
For: Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
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
. . . . . . . . . . . . . . - - - - - . . . . . . . . . . . . . . . . . . . . .
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 10 of 13
Formatted for Registry of Deeds
WPA Form 5A- Superseding Order of Conditions MassDEP File#
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Appeal Rights and Time Limits . . . . . . . . . . . . . . . . . . . . . . . . .
The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other
Reviewable Decision as defined at 310 CMR 10.04, who previously participated in the proceedings
leading to this Reviewable Decision, the conservation commission, or any ten (10)residents of the city or
town where the land is located if at least one resident was previously a participant in the permit
proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L. c.30A,
§ 10, provided the request is made by certified mail or hand delivery to the Department, along with the
appropriate filing fee and a MassDEP Fee Transmittal Form within ten (10) business days of the date of
issuance of this Superseding Order or Determination, and addressed to:
Case Administrator
Office of Appeals and Dispute Resolution
Department of Environmental Protection
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the request(hereinafter also referred to as Appeal Notice)shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, the person that requested
the Superseding Order or Determination, and the issuing office of the MassDEP at:
MassDEP—NERO
Wetlands Program
205B Lowell Street
Wilmington, MA 01887
In the event that a ten resident group requested the Superseding Order or Determination, the Appeal
Notice shall be served on the designated representative of the ten resident group,whose name and
contact information is included in this Reviewable Decision (when relevant):
Contents,of Appeal Notice
An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR
1.01(6) and 310 CMR 10.05(7)(j), and shall contain the following information:
(a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from applicant,
and address of the project;
(b) the complete name, mailing address, email address, and fax and telephone numbers of the party
filing the Appeal Notice; if represented by consultant or counsel, the name, fax and telephone
numbers, email address, and mailing address of the representative; if a ten residents group, the
same information for the group's designated representative;
(c) if the Appeal Notice is filed by a ten (10) resident group, then a demonstration of participation by
at least one resident in the previous proceedings that led to this Reviewable Decision;
(d)- if the Appeal Notice is filed by an aggrieved person-, then a-demonstration of participation in the - - - - - -
previous proceeding that lead to this Reviewable Decision and sufficient written facts to
demonstrate status as a person aggrieved;
(e) the names, telephone and fax numbers, email addresses, and mailing addresses of all other
interested parties, if known;
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 11 of 13
Formatted for Registry of Deeds
WPA Form SA— Superseding Order of Conditions
Massachusetts Department of Environmental Protection MassDEP File#
Bureau of Resource Protection—Wetlands Program 242-1480
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
(f) a clear and concise statement of the alleged errors contained in the Department's decision and -
how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the
protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40, including
reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges
has been violated by the Department's Decision, and the relief sought, including any specific
desired changes to the Department's decision;
(g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the
underlying Conservation Commission decision if the Reviewable Decision affirms the
Conservation Commission decision;
(h) a statement that a copy of the request has been sent by certified mail or hand delivery to the
applicant and the conservation commission; and
(i) if asserting a matter that is Major and Complex, as defined at 310 CMR 10.04(1), a statement
requesting that the Presiding Officer make a designation of Major and Complex, with specific
reasons supporting the request.
Filing Fee and Address
A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money
order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must
be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a
waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, district
of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive
the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2)for a person who shows that paying the
fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth
the facts believed to support the claim of undue financial hardship together with the hearing request as
provided above.
. . . . . . . . . . . . . . . . . . .
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 12 of 13
Formatted for Registry of Deeds
SUPERSEDING ORDER OF CONDITIONS
DP File Number 242®1480
. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Conditions
See the attached Order of Conditions containing Special Conditions 20-73 with all plan references and/or other
attachments, issued by the North Andover Conservation Commission on April 13, 2012, which is hereby
affirmed and made part of this decision as modified by the following special conditions:
74. Members and agents of the Conservation Commission and the Department shall have the right to enter
and inspect the premises to evaluate compliance with the conditions stated in this Superseding Order, and
may require the submittal of any data deemed necessary by the Department for that evaluation.
75. Pursuant and in addition to the Special Conditions contained in the original Order of Conditions, dated April
13, 2012, upon.completion of the project, the applicant shall submit a request for a Certificate of
Compliance with an affidavit prepared by a professional engineer or land surveyor registered in the
Commonwealth of Massachusetts, stating that the site subject to the Superseding Order of Conditions has
been developed in accordance with the requirements of this SOC, based upon an on-site inspection and
the referenced site plans. Additionally, the applicant shall submit an as-built plan prepared by a registered
professional engineer or land surveyor of the Commonwealth, for all work that has been proposed within
the area of the Department's jurisdiction within the site subject to the SOC. Such plan shall indicate in a
clear manner the final and actual conditions of the site.
76. All submittals shall be made to the Department and copied to the Conservation Commission.
Newton-0474 (Lot 5)Fm 5A WPA Form 5A—Order of Conditions•Page 13 of 13
Formatted for Registry of Deeds