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HomeMy WebLinkAboutMiscellaneous - 22 ASHLAND STREET Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1481 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Joanne Comerford only the tab key Name to move your One Morkeski Meadows cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code rm 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Housing Authority Name July 26, 2010 242-1481 Dated DEP File Number 3. The project site is located at: 22-24 Ashland Street North Andover Street Address City/Town Map 17 Parcel 19 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 12141 144 County Book Page 9835 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 2/22/12 Date wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1481 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 80 C. Authorization Issued by: North Andover 4,93//,=, Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/about/region/findvour.htm). Signatures: , /� VT i IPP wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1481 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 22-24 Ashland Street 242-1481 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: North Andover Housing Authority Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 achusetts Department of Environmental Protection Provided by MassDEP: Mass MassDEP File#:242-1481 eDEP Transaction#.32351 ‘`,. _ Bureau of Resource Protection-Wetlands eDEP Tr aNORTH ANDOVER �} WPA Form 5 Order of Conditions '` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 -------- A. General Information NORTH ANDOVER 1.Conservation Commission a NORTH OOC b.r Amended OOC 2.Issuance 3.Applicant Details b.Last Name COMERFORD a.First Name JOANNE NORTH ANDOVER HOUSING AUTHORITY c.Organization d.Mailing Address 1 MORKESKI MEADOWS £State MA g.Zip Code 01845 e.City/Town NORTH ANDOVER 4.Property Owner b.Last Name a.First Name c.Organization d.Mailing Address g.Zip Code e.City/Town f.State 5.Project Location STREET 22-24 ASHLAND c.Zip Code 01845 a.Street Address 19 b.City/Town NORTH ANDOVER e.Parcel/Lot# g.Longitude 19.13528W f. Assessors s Map/Plat# 42 70624N f.Latitude 6.Property recorded at the Registry of Deed for: d,Page a.County b.Certificate c.Book NORTHERN ESSEX 9835 7.Dates a.Date NOI Filed: 6/30/2010 b.Date Public Hearing Closed: 7/14/2010 c.Date Of Issuance:7/26/2010 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: Page 1 of 10*ELECTRONIC COPY Department of Environmental Protection Provided by Mas2DEP: Massded File ssDE 1481 Massachusetts rte Pr eDEP Transaction#:242-1481 'N"----; Bureau of Resource Protection-Wetlands City/Town NORTH ANDOVER ,�� �--, WPA Form SetlOddProtection f o dttM.G.L.c. 131,§40 Massachusetts W ..._--•-------- SITE DEVELOPMENT 1"=20' PLANS FOR ALLEN&MAJOR 'TIMOTHY J.WILLIAMS,P.E. June 24,2010 MULTI-UNIT MODULAR HOUSE, ASSOCIATES 22-24 ASHLAND STREET,NORTH ANDOVER,MA B. Findings and based on the information provided in this application and 1.Findings pursuant to the Massachusetts Wetlands Protection Act significant to the following interests of presented the review li of the the this Commission Notice of is ovide presented at the public hearing,this Commission finds that the areas in which work is proposed P the Wetlands Protection Act. Check all that apply: Shellfish c.F Prevention of Pollution b. F Land Containing f. F Protection of Wildlife utio Habitat a. F Public Water e. r Fisheries f. F Flood Control g. F Private Water Supply h. F Storm Damage Prevention g. F Ground Water Supply 2.Commission hereby finds the project,as proposed,is: regulations. Approved following n to: in accordance with the performance standards set forth in the wetlands P conditions which are necessary a.F The following all work shall be performed conditions modify or that rformed m Order.To the extent that the following above,the following This Commission l Conditions,orders General Conditions,and any other special conditions attached to this O other proposals submitted with the Notice of Intent,these conditions shall control. differ from the plans,specifications,o r P Denied The proposed provides regulations.The which are work cannot be conditioned to meet the performance Notic ofIntent is submitted submitted whichha pd regulaformance standards b.r The proposed wo work at this project ter not go forward unless and Order a ne pate to protect interests of the Act,and a final Order of Conditions is issued.A description of the per which the at proposed sub work cannot meet is attached to nets deOrder. scribe not go work or the unless and the work a revised interests the applicant is not sufficient to describe the site,the work or the effect of the work on the of the c.I—The to iedin ion submitted by th PP nles a ro ti tar wised N identified in the Wetlands Protection Act.Therefore,work on this project may g it o of issued.A description of the specific information which is lacking and why Intent is submitted which provides sufficient information and includes measures which are adequate is Act,and a final Order of Conditions is O()10.05 6 c necessary is attached to this Order as per 310 CMR ' eat disturbance and Bank or Bordering es a. Buffer Zone Impacts: hortest distance between limit of pro j 3 r Vegetated Weltand boundary lin Inland Resource Area Impacts:(For Approvals Only): permitted Proposed Permitted Proposed osed Resource Area Replacement Replacement p Alteration Alteration Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1481 eDEP Transaction#:323551 Bureau of Resource Protection-Wetlands ��..� Cityffown:NORTH323551 ANDOVER WPA Form 5 -Order to Conditions � . 131,§40 t Massachusetts Wetlands Protection Act M.G.L.MGL c— d.linear 4. r Ban `rte c.linear feet a.line ar feet b.linear 4. r Bank d.square t 5,r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.sq 6. r Land under Waterbodies and Waterways square _ a.square feet b.square feet c. e.c/y d— — dredged d f.c/y dredged g d 7,r Bordering Land Subject to Flooding � q- a sq feet b.square c.square feet d.square feet —� cubic feet h.cubic feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g Subject to Flooding b.sq g.r Isolated Land Subj a.square feet f.cubic feet c.cubic d.cubic feet e.cubic feet ic feet Cubic Feet Flood Storage 1067 ____ 1067 _ �t b.total sq.feet 9.F Riverfront Area a.total sq. 40—_ 44_ f.square feet Sq ft within 100 ft c.square feet d.square feet e.square feet Sq ft between 100-200 ft 1027 h s_ q f — — g square feet i.square feet j•sq Permitted Proposed Permitted Coastal Resource Area Impacts: proposed Perm lacement Alteration Alteration Replacement Rep Resource Area 10.r Designated Port Areas below Indicate size under Land Under the Ocean, �_ �t 11.r Land Under the Ocean a.square feet b.sq d.c/y fired c.c/ Indicate size under Coastal Beaches and/or Coastal Dunes below 12.r Bather Beaches nourishment d.c/y noshlnent a.square feet b.square feet c.c/y 13.r Coastal Beaches no�shment 14.r Coastal Dunes a•square b.sq c.�y nourishment d.c/y 15.r Coastal Banks a.linear b.linear 16.r Rocky Intertidal Shores Page 3 of 10*ELECTRONIC COPY ent of Environmental Protection Provided by MassDEP: Massachusetts etso Resource Protection Masided File#:242-1481 DEP: Wetlands eDEP Transaction#:323551 �� Bureau of Resource Protection- City/Town:NORTH ANDOVER ;' WPA Form 5 -Order of Conditions �'ti Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 a.square feet b.square feet a.square feet b.square feet c.square feet d.square 17.f Salt Marshes _� �t 1 g,r Land Under Salt Ponds a.square feet b.square -c.cl d.c/y �__ -- oar-t d.square feet Shellfish a.square feet b.square feet c.square 19.r Land Containing Banks,inland Bank,Land Under the Indicate size under Coastal Bank Ocean,and/or inland Land Under Waterbodies and Waterways, 20.r Fish Runs above c.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a square feet b.square t 22. Approvals Only) footage that has been r Restoration/Enhancement(For App a wetland resource area in addition to the square footag purpose of restoring or enhancing amount here. If the d in St is for the pure please entered the additional am entered in Section B.5.c&d or B.17.c&d above,P b.soars feet of Salt Marsh q a.square feet of BV W 23. s/number of replacement steam crossings. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new steam crossing p b.number of replacement stream crossings a number of new stream crossings Massachusetts Wetlands Protection Act C. General Conditions Under Ma Approved projects applicable to App measures,shall be deemed The following conditions ore only app and with all related statutes and other regulatory 1, Failure to comply with all conditions stated herein, to private property or this Order. it does not authorize any injury p cause to ervoke not modify rights or any exclusive privileges; t any property with all other applicable federal, 2. The Order does not gran invasion of private rights. remitter or any other person of the necessity of complying 3. T state,Order does not relieve rdinances,bylaws,or regulations. The or work authorized statutes, within three years from the date of this Order unless either of the following 4, The work authorized hereunder shall be completed provided for in the Act;or apply: project as p years,but less than five a.b.the work is a maintenance dredging p ] years,the the time from the date ssu been I extended f is Oder is specified intended to be valid for more than three y b eriodare setforthas a extension from the date of issuance.If this the extended time p extension date and the special circumstances warranting special condition in this Order. Page 4 of 10*ELECTRONI C COPY , Provided by MassDEP: MassDEP File#:242-1481 Massachusetts Department of Environmental Protection eDEP Transaction#:323551 �;w_- Bureau of Resource Protection-We Cif�o :NORTH ANDOVER WPA Form 5 rder of Conditions +' Massachusetts Wetlands Protection ActM.G•L•c. 131,§40 to the r for one or more periods of up to three years each upon application 5. This Order may be extended by the issuing authority at least 30 days prior to the expiration date of the Order. issuing Order co of Conditions,this Amended Order of Conditions does not exceed the issuance Amended Order o (, If this Order constitutes an Am fill shall contain no trash,refuse,rubbish,or debris,including of date of the original Final Order of Conditions. refrigerators,motor vehicles,or parts 7. connection with this project shall be clean fill.Any tires,ashes, re but fill used in t olu plaster,wire,lath,paper,cardboard,pipe, but not limited to lumber,bricks,p sed,or if such an appeal has been taken, any of the foregoing• inistrative appeal periods from this Order have elap g, This Order is not final until all adm Department have been completed. is of Deeds or the Land until all proceedings ll b before the until the In the case of recorded land, 1 i undertaken n wit until the Order has within the ha of title of the affected property.owner In land upon which the 9. No work shat Registry's Grantor Index under the name of the ownorination shah be submitted Court for the distract m which the land is locate within the Final work is to be be .In the in the of her registered land,the Final Or done.The recording e noted on the Land Court work by the Registry e submitted proposed work is to be done.In the upon which the proposed o the Cone Title of Che owner on on thland orm at the end of this Order,which form must be stamped Y to the Conservation Commission square feet in size bearing the words, prior to the commencement of work.. square feet or more than three sq 10. A sign shall be displayed at the site not less chen tts e ent of Environmental Protection" Massachusetts Dept MassDEP"] File Number:"242-1481" ission Protection is requested to issue a Superseding Order,the Conservation Comm of Environmental s before Mass DEP. Compliance(WPA Form 11. Wherb the Department tl agency proceedings and hearings Request for Certificate of Comp shall a party the applicant shall submit a Req 12• Upon be completion of the work described herein, PP 8A)to the Conservation Commission. Commission Tans and special conditions referenced in this order. inquire of the Conservation Comm applicant to inq 13. The change to the plans to the plans of a new Notice i Intent si to 14. Any change to the plans identified in Condition#13 brequire the filing of the app e is significant enough q in Wiring t or members change Commission and the Department of Environmental Protection shall have the rig rat or members of the Conservation Co compliance with the conditions stated t for that 15. The Agent by th Conservation nomp en Order,and may require the submittal of any subject to this Order an evaluation.Order successor in interest or successor in control of the property J 1 to any this Order. of the 16. This any contractor a for or other shay n performing work conditioned by Vegetated Wetland,the boundary to any coherstart or other person p es e flagging.Once in place,the boundary e start of work,and if the project involves work adjacent to a Bordering g ission. 17. wetland n to the the g.Once in Conservation Comm Oro proposed work area shall be marked by wooden stakes by ell stabilized with vegetation or wetland in the markers shall of the ai maintained until a Certificate of Comp as have the Y boundary/oration shall babe rriers male ed in good repair until all disturbed areas have e f idly eta he d with vegetation or ehti/her pent.At o time s hulsediments maintained construction, applicant 18. All stator immediately notify the Conservation is on a daily basis and shall remove accumulated l sediments as needed.The aPpess other means.At no time shall be deposited in a wetland or waterabllo�d . necessary. designee medi inspect the any erosion problems that occur at the site and shall e prevention controls it may Cone Order. Coll immediately which control any right to require additional erosion and/or damag P approved by Commission,which reserves per rig 'ors shall serve as the limit of work unless another limit of work line NTbSeen app Sedimentation dam MAINTENANCE REQUIREMENTS NOTICE OF STORMW ATER CONTROL AND MAIN 2 F subject to the Massachusetts Stormwater Standards. the Project")is(1) r is not( ) cosachuset implemented in accordance subject to Stormwater Standards,then the project is subject to the following 19. The work associated with this Order( If the work is lud construction and redevelopment,shall be imp a) All work,including site preparation,land disturbance,C0 Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1481 eDEP Transaction#:323551 �.-\-- Bureau of Resource Protection-Wetlands City1Town:NORTH ANDOVER �,� WPA FormWetlOddProtection f AttM G.L.c. 131,§40 (''� Massachusetts plan and,if applicable,the -• wi th the construction period pollution prevention and erosion and sedimentation control p i a Pollution Prevention on Plan required by the National Pollutant Discharge Elim ination a i oS s m scttn Ge Permit as required by Stormwater Standard 8.Construtionp�e de os sedimentation n pollution m es and best management practices(BMPs)shall remain in place until stabilized. b) No stormwater r runoff may be discharged to the post-construction BMPs have been ss and until removed or will Registered e remo cedo Y construction period BMPs intended to be co e M DEP stconwatcr Professional Engineer provides a Certification that:i.all construction operation iontfor specified r attenuation,Certification.n,T For any eration for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by op construction k BMP specifications and that the BMP has been properly anal outietrcontrol prepared tructurest iio as built final�ti�onu, Handbook ct the site s bully stabilized;const iii. including plans are of all included,si nedcand to ri pe sedimentgist el ed Professional Engineer,ce ng t ieeme iss l ytormwaedr d b a Regi ny i cit dare rges to t signed and stormwater stamped by system have been removed,as p (including all planting any illicit 10;iv.discharges to the pn cower manag and that they are in Standard ap ro ed all the issuing stormwater have been inspected to ensure that they are of damaged established a withstand plans) working by the in v.any vegetation and h post-construction BMPs is suitably proper working condition;v.any vegetation associated with p has legally assumed erosion. authority is notified that another party Compliance,the a Certificate of Compliance,or Partial Certificate of Comp c) The landowner is responsible for BMP maintenance until the issuing authority an Operation and responsibility for BMP maintenance.General Prior Condition requesting 19(e))shall execute and submit to the issuing responsible for Maintenance n party(defined St General("O&M 1eme for the Stormwater BMPs identifying the party p i.)the O&M implementing Compliance ter BMP Statement) "O&M Plan")and certifying the following: .) implementing the stormwater BMP Operation and Maintenance Plan( Compliance,and ii.)the future responsible parties Plan is complete and will be implemented upon receipt of the Certificate of Comp the stormwater f management po s responsible p and shall be notified in writing of their ongoing legal responsibility to operate and maintain implement the Stormwater Pollution Prevention Plan. implemented in accordance with the long term pollution d) Post-construction pollution prevention and source control shall be imp ment the Stormwater accordance Pollution Prevention Plan prevention plan section of the approved Stormwater Report an if applicable, the National Pollutant Discharge Elimination System Multi-Sector General Permit. easement,assumes required by must submit to the e) Unless and until another party accepts responsibility,the landowner,tio o the landowner of the properly each B .To overcome this presume evidencing that another submit has issuing responsibility for maintaining lallin agreement of record,acceptable to the issuing authority, shall c treated that as a errs entity for accept accepted responsibility a legally binding ini the BMP,and that the proposed responsible party failure to the purposes ed r f implementing for maintaining through 19(k)with respect to that B .Any purposes of implementing the requirements requirements Conditions 19(f) through 19(k)with respect to that BMP shall to implement the requirements of Conditions 19(f) proposed responsible party Compliance.In the case of stormwater BMPs that are serving more and agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan be a violation of the Order of Conditions or Certificate of Comp required operation and maintenance must be submitted than one tot,the legally binding sp p access to perform the req p easement deed that grants the responsible arty plans,the O&M Plan, along with the legally binding agreement all stormwater BMPs in accordance with the design p � The responsible party shall operate and maintain and the requirements of the Massachusetts Stormwater Handbook. calendar years of inspections,repairs, g) The responsible party shall: consecutive 1.Maintain an operation and maintenance log for the last three 3)consecutive cu any part thereof,and disposal(for disposal the maintenance and/or replacement of the stormwater management request;and type of material and the disposal location); ("Commission")upon req log shall indicate the anc approved b the MassDEP and the Commission to enter and inspect the site to evaluate and ensure 2.Make the maintenance agents of available to MassDEP and the Conservation Commission in the O&M Plan app by that Allow members and ag requirements for each BMP that the responsible party is in compliance with the licable the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all app Page 6 of 10 *ELECTRONIC COPY • Provided by MassDEP: MassDEP File#:242-1481 Massachusetts Department of Environmental Protection eDEP Transaction 4:323551 Mass Wetl NORTH A48 L1MaSsettt1an Bureau of Resource Protection- City/Town: wPA Form 5 rder of Conditions c. 131,§40 ds Protect ion Act M.G.L. 10.04 are prohibited. federal,state,and local laws and regulations. stem as defined in 310 CMR ed without the prior written water management system es to the emm Illicit discharges ement system approved in the Order of Conditions shall not be changed �defined in the j) The stormwater management act Site Design Credit approval of the issuing authont'' purpose of the Low Imp Credits)shall not be altered k) Areas designated as er qualifying db ok,pervious l areas for the pure Impact Development Site Design Volume 3,Chapter 1,Low Imp constructed around MassDEP Stormwater Handbook,�of the issuing authority. withheld.Any fencing without for maintenance,i n app s shall not be withh grade fencing acing con trusted pazue repair,and/or replacement of BMP n Access for BM Ps shall include access gates and shall be at least six inches above stormwater BMPs shall Special Conditions: SEE ATTACHED • Page 7 of 10*ELECTRONIC COPY Provided by MassDEP: Department of Environmental Protection Provided File#:242-1481 DEP: e art eDEP Transaction#:323551 AR Massachusetts ets p Wetlands CaS D°PtFNORTH AND r)•, Bureau of Form -Order of Conditions WPAFor G.L.c. 131,§40 Massachusetts'Wetlands Protection Act M• ---------- al Wetlands Bylaw or Ordinance D. Finding s Under Municip applicable?r Yes r No 1. Is a municipal wetlands bylaw or ordinance app 1 lies Commission hereb check one that a work which cannot be conditioned to 2. The Conservation S the proposed ca o be conditioned or bylaw a. r standards set forth in a municipal meet the Stan 2.Citation specifically: rovides 1.Municipal Ordinance or Bylaw Which are necessary d to meet not go forward unless and until a revised°N Conditions is issued.submitted which p uate to meet these standards,and a final Order or Therefore,work on this project measures which are adequate or bylaw: to 1 with a municipal ordinance comply subject to the following S the proposed work, ER 178 b. r APPROVES ANDOVER 2.Citation CHAPT additional conditions. NORTH AN B�AW 1.Municipal conditions and with the Notice of ci al Ordinance or Bylaw WETLAND accordance with the following specifications,or other performed in acc ore following from the plans, P en ed orders To all work shall thbe e P conditions modify 3. The Comm To the extent that the following Intent referenced above. the Notice of Intent,the conditions shall control• proposals submitted with th ce or bylaw are as follows: special conditions relating to municipal ordinan The s p SEE ATTACHED Page 8 of 10*ELECTRONIC COPY b lvlassDEP Provided Y 242_1481 tai Protection MassDEP File# 323551 Environmental eDEP Transaction E O�JER e artment of E NORTH AND Wetlands CitylTowri: Massachusetts P Conditions Bureau of Resource t anProtection Protection c.131,§40 wpAForm dsprotectionActM•C'•L• Iiiimb, �`` Massachusetts W etlan ise specified 71261201Original Order ----------- ----rte unless other`` ended 1.Date of Signatures time date of issuance, Conditions,the Am pursuant• Sig ee ears from ended Order of 4 This Order is valid for thr Y #4 if this is an Am Conditions. ust be signed by ber of Signers Plea e to General Condition the original Order t This Order m 2.N__. ustbemailed the same date as this form. applicant.A COPY also m ayes on embers who will sign to the apP if not filing Order expires number of m d delivered indicate the nurri ission. requested)or han oteo the R plica l Office, PleaseoyofeCor�eivah°nComrn inail(retumreceiptreq entalPr a raj certified rise Department of Environmental The Order must be mailed esa by time to the appropriate applicant. d delivered an he property owner,if different from apP or hand electronically, Joseph Lynch Signatures.. Louis Napoli Deborah Feltovic requested,on � a - F-15y certified mail,return receipt John f yand delivery on O Date Date this Order,or any ten the land subject to opriate MassDEP an owner of land abutting the to request the appropriate to the Appeals this Order, Y ear nigh mail or hand delivery F. ApP aggrieved by hereby notified of their made by certified Transmittal Form, Provided in the owner,any Person aPP land is located are h uest Hoist be m Fee Trap e time be applicant, u1 which such The request Departmental Action certified the request shall at the y to The aPP e city the town Order d Conditions. for Deparan as p residents of the Superseding fee and a completed Request ce of this Order.A copy Regional Office to issue a Sup and to the applicant,if he/she is not the appellant with the appiopnate filing days from the date of issuance will be required to demonstrate Prior ent, business day Commission an oared P Department, within ten busin to the Conservation C°rnrn this appeal written information to 310 CMR 10.030) d delivery associated with submission of Certifies mail or hand superseding Order as s the ill b qur d tmitten formation sent by areviou s Sup in the permit proceeding mean Order,or providing to appeal the DeP participation requesting a Superseding appellants sery i seeking project Previous P ublic hearing, Any �the review of this p e close of the P Order does not participation ission prior to the Order. Baled and how the rvation C°� of a Superseding G L o.131,§40),and is the Conservation prior to issuance e Order which is berg appealed Act(M to the Department objections to the Wetlands Protection ed on a municipal ordinance or bylaw, d concisely the ifi e Massachusetts the Order based action. identified in the To the extent that ent has no appellate municipal ELECTRONIC COP` ______._-- Time request shall state clearly and interests 10.00)• the Department e 9 o f 10* ssahs d the Wetlands ons(310 OAR regulations, Page contribute to the protection e wetlands Act or regu the Massachusetts W etlands Protection A inconsistent with th and not on Provided by Mas5DEP: enta�Protection 242 1481 Department of Environmental MassDEP File# Massachusetts Wetlands Massa Protection Conditions ource P eDEP Transaction# Bureau of Res 5 _ Order c. 131, §40 Form Protection Act M.G.L.L North Andover WPA Wetlands P Cityrrown Massachusetts W E. Signatures ise specified as a special �I. ..to of 1 ante ears,unless otherwise the date of issuance. bet of Signers valid for three y 2.Number This Order is General Conditions will sign this form.olr►mission. applicant.A indicate t to embers who on n this on delivered to the condition pursuant of members of the Conservation requested)or hand signed by a majority t req hand to delivered to the of Please Indlcaust be number g appropriate property owner,if different This Order m certified mail(return rem►P and the ailed by delivered at the same time to the app The Order must be mailed electronically, must be mailed or hand if not fling I copY also m Regional Office, , ental Protection R g ,�� Environmicant. from app iltra� II Alf, 1 ' a-fr—0 rt j _....-.441‘. e Signatu s f �l ail,return receipt � �'by certified m l� a - by hand delivery on requested,o Date Date er, any owner of landanduls►located, Appeals this O o town in which such F. ApP person aggrieved by Regional Office to Issue a the owner, any p ten residents of the r a e Masspn Reg ail or hand delivery The applicant, or any request the appropriate certified o Departmental subject to this Order, ht to req must be made by Request of land sub) request m completed Req s from notified of their rig The req fee and a are hereby Conditions. a within ten business day Order of appropriate filing 10.�3� � e time be sent by Superseding ent,with the app applicant,if hels m is he Department, I Form,as provided in 310 CM est shall at the to he app tot of the re quest salon and Action Fee Transmittal or hand Order• e copy of this to the Conservation the date of issuance of delivery ail or han with this appeal certified m Order associated participation appellant. Superseding Previous p not the app Department's Sup of this project. Conservation to appeal the�eP ation in the review Order,or appellants seeking prior participation Superseding a demonstrate p submission of written information to the n Order. Any pp uired to demo the subm requesting Superseding will m required proceeding means public hearing, S a Sup in the permit Department prior to Issuance prior to the close of the p Commission p information to the DeP Order which is being providing written inform concisely the objections to the of the interests identified in pr and cone protection Late clearly t contribute to the rot §40),and i inconsistent on de municipal in The request shall s Order does no Act M.G•L•c• 131, Order is s S regulations,the appealed and how the Act or a Wetlands Protection T the extent that the A the Massachusetts and not he Ma Wetlands regulations( Massachusetts wetlands reg law and not°jurisdiction. ordinance or by appellate Department has no app Page 11 0' Npaform5.doc• rev.0312410 Provided by MassDEP: ental Protection MDEP File#:242-1481 Massachusetts Department of Environm ass Transaction#:3235 OAR Wetlands City/1 own:NORTH ��—� Bureau of ResourceO�aer of 0-� ` WPA Form 5 c.131,§40 + Massachusetts W etlands Protection Act M.G.L.M• '�1 -—" which the land is located, Information of Deeds or the Land Cow for the district in G. Recording recorded the Registry recorded land the Final Order shall al,an� edOrder shall also be In the case of recor registered information non G a Ordende Conditions amebe eted owner of subject to the Order.In the case of within the chain of title of the affected the owner of the land subj subject to the Order of Conditions.The recording owner of the land subj Grantor Index under the name ission listed below. noted on the Land Court Certificate of Title of the own this page shall be submitted to the Conservation Comm NORTH ANDOVER Commission Commission. Conservation Comm . ... .................................................................. i of Deeds and submit to the Conservation Comm dbytheReg and submit have stamped . ...................... Detach on dotted line,................................. . . To: ANDOVER NORTH AN Conservation Commission Please be ad ect at: advised that the Order of Conditions for the Proj 24�_1481 22. ASHLAND STREET 42 l48P FileNumber project ct Location of Deeds of: � Has been recorded at the Registry Book Page County for. Proper Owner of title of the affected proper in and has been noted in the chain page Book In accordance with the Order of Conditions issued on: Date ecorded land,the instrument number identifying this transaction is: If r Instrument Number istered land,the document number identifying thus transaction is: If re b Document Number Rev.31912010 Signature of Applicant *ELECTRONIC COPY Page 10 of 10 DEP FILE#242 - 1481 Commission(hereafter the"NACC") hereby Therefore, the North Andover Conservation Commiaccordance with the Performance to protect finds that the following conditions are necessary, cal Bylaw and Regulations, o p Standards set forth in the State Regulations, below. To those interests noted above. The NACC orders that all work shall be performed in ex accordance with said conditions and with the Notice ffer from the .lans referenced •ecifications or other extent that the followin• conditions mods o •ro•osals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS 20.The proposed work includes: construction of a two story residential duplex building,with two affordable housing units,landscaping, drainage and appurtenant site work and grading adin portions of which are within Riverfront Area. 21. The work shall conform to the following: Joanne Comerford Applicant: North Andover Housing Authority ows One Morkeski MMA 01845 North Andover, Property Owner: same Intent Prepared by: Allen&Major Associates,Inc. Notice of In p P.O. Box 2118 100 Commerce Way Woburn,Massachusetts 01888-0118 Dated: June 24, 2010 Timothy J.Williams,P.E. Site Plans prepared by: Allen&Major Associates,Inc. 100 Commerce Way Woburn,MA 018888-0118 Ti tled:Site Development Plans for Multi-Unit Modular House,22-24 Ashland Street North Andover, MA C1-05,D1-D3 Sheets : Cover Drawing, Dated:June 24, 2010 22.The term"Applicant as used in this Order of Conditions shall refer to the e owner,her, any of in interest or successor in control of the property seThe NACC shall of notified Inccessors Intent, supporting documents and n eTOodtltle of any portion of property that takes place in writing within 30 days of al rior to the issuance of a Certificate of Compliance. p NACC 7/26/2010 242-1481,22-24 Ashland OOC.doc DEP FILE #242 - 1481 23. 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. 24. 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. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. 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. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 29. 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. 30. 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. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 242-1481,22-24 Ashland OOC.doc 2 NACC 7/26/2010 DEP FILE#242 - 1481 32.The following wetland resource areas are affected by the proposed work: Riverfron Ve his resource area is significant to the interests of the Act and Town the Law presumption of noted above and therein. The applicant urce area to the identified mteres significance of this resource The NACC inspected and confirmed wetland flags of Mean High Water (MHW) (flags TOB A1-A3) as shown on the revised plan dated and referenced herein. 34.The NACC finds that the intensive use of the upland areas and buffer one p to posed on this site will cause further alteration of the wetland five foot 25' Zone and any alteration of wetland resource areas a twent adjacent foot 50' No-Construction Zone shall be established fr ed the heredg of Conservation the record plan wetland land resource area as depicted oof the NACC do not have the authority to waive these Administrator and/or other agents setbacks as established under the local bylaw. nt shall be included in all construction contracts, subcontracts,a fl and 35. This document any specifications dealing with the work proposed assuredthat all contractors, subcontractors, and contract requirements. The applicant personnel per g formin the permitting work are fully aware of the permits terms rms and conditions. Thereafter, the contractor will be held jointly liable for any violation resulting from failure to comply with its conditions. 36. Theo owners of the project and their successors in title agree that the does not in drainage system itself impose upon the Town any liable for any damage nn the event of failure. By and that said Town shall not be acceptance of this Order,the owners agree to indemnify and hold harmless on this the Town and its residents for any damage attributable iot doe not an any way imply or certify pursuant to the Order. Issuance of these Conditions that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order{e elapsed or, if such an appeal has been filed,until all proceedings before the Department a P or Court have been completed. Y 38. This Order shall be recorded b the applicant at the Registry of Deeds immediately p Land after - . the expiration of all appeal periods. No work shall d Court for the district in which the has been recorded in the Registry of Deeds or the property. ted within the chain of title of the affected r Index under the name the case of recorded land it located, the Final Order shall also be h in proposed o ed wo k is to be done.In the case of of the owner of the land upon which p p NACC 7/26/2010 242-1481,22-24 Ashland OOC.doc 3 • DEP FILE #242 - 1481 red land, the Final Order shall also be noted on the Land Court Certificate of Title registered g of the owner of the land upon which the proposed Andover work Commission on the information shall be submitted to the No rder not form at the end of this Order prior to commencement of the ked b Any Or NACC at the recorded by the applicant before work commences may ere recorded Y applicant's expense. gn 39. A si shall be displayed at the site not less than two square feet or more an three square feet in size bearing the words "Massachusetts DEP, File Number 40. Any g n changes in the submitted plans caused by the applicant, another NACC fodecision or resulting from this Order of Conditions must be submitted tot the approval prior to implementation. If the NACC finds said changes to be significant,Within 21 the app P NACC will call for another public hearithe(at NACC will issue an amended or new Order of days of the close of said public hearing Conditions. Any errors found in the plans or information submitted wd by the approval applicant has shall be considered as changes. No work shall begin on a project until pp been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that and cnditions of this Order of Conditions are complied with. The project engineer co contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Pr y for to an work commencing on site, the applicant shall submit to the o ACC for approval, a detailed construction sequence, including a dated timetable installation of erosion control devices and landscaping. 43.Wetland flagging in shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain until a Certificate of Compliance is approved plan(s) throughout the life of the project and until issued so that erosion control measures can be properly placed and wetland a impacts h ac s on be monitored. The proposed limit of 1 be confirmed bythe NACC. Such barriers shall controls or temporary fencing and s is be checked and replaced as necessary and shall be maintained unti l all ens machinery or complete. Workers should be informed that no use of machinery, g materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. Y 44. A row of staked ha bales backed by trenched siltation fence shall be placed between ailed all construction areas and wetlands. The erosion control barrier will be nd shall be inspected and placed as shown on the plans approved a nd referenced herein an and approved by the NACC or its agent prior to the start of ed to and d shall remain All in p prevent intact until all disturbed areas have been permanently stabs erosion prevention revention and sedimentation protection measures found necessary during 242-1481,22-24 Ashland OOC.doc 4 NACC 7/26/2010 DEP FILE#242 - 1481 construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures required may be re uired in areas not shown on the plan(s) referenced in this Order led of Conditions. Should such installation be required by the NACC,they shall be installed 48 hours of the Commission's request. 45. All existing and proposed catch basins on the site or on the streets adjacent to the s project g entering drainage Y shall be protected by Silt Sacks to prevent ecleaned fof sediments until all areas associated Silt Sacks shall be maintained and regularly with the work permitted by this Order have been permanently their removal. stabilized and the NACC and/or Conservation Department has formally approved 46.The applicant shall have on hand at the start of any soil disturbance, removal bales (or an pP staking stockpiling, a minimum of 10 hay bales and sufficient stakes for equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A chec payable a able to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and C and shall be posted with the North Andover Town Treasurer through on the NACC NACC, p before commencement of work. Said deposit toned by ash arty or parties satisfactory to the completion of all conditions hereof, shall be g y party and Town Counsel, and shall be released after completion je t,provided that provisions, satisfactory to the NACC,have been made for performance y conditions which are of continuing nature. The applicant may propose project a monetary tart'NACC's release schedule keyed to completion�fispuediunder portions the authority of the local Bylaw. review and approval. This condition a applicant shall designate a Wetland Scientist (or other environmental professional any al as 48. The pp approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee emergency placement of controls and regular inspection or replacement of sedimentation YP control devices. The name and phone number of the erosion control monitor provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including wee r Environmental Professional will immediately notify the Conservation agent of any matte that requires attention by the Commission or the agent. The erosion control required to insp ect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occurs on-site an tenor as long thereafter as ground remains unstabilized, the applicant shall submit report from the "Erosion Control Monitor" to the NACC certifying that,to the best of 5 NACC 7/26/2010 242-1481,22-24 Ashland 00C.doc DEP FILE#242 - 1481 his/her knowledge and belief based on a careful site inspection, all work approved se bein g ks are performed in compliance with this Order of Conditions and that being adhered to. The erosion control monitor must visually inspect for their maintenance g responsibility sedimentation/erosion control measures and assume response 1 y on a weekl basis and that they are functioning as intended. In addition, all wetland d resource areas must be visually inspected for siltation, turbidity, and/or other quality impacts. The Erosion Control Monitor shall be on site during and/or t following ls ia q Y p major storm event of 1" inch of rain and secure.ur event) to ensure stable, and erosion controls areadequate 50. Prior to construction, the applicant shall permanently mark the edge of the "25-foot No- Disturbance ance Zone" with a minimum of three (3)wetland markers spaced eve d associated feet incorporating the following text: "Protected Wetland Resource Area" an rules (1 s 1 square sig n to every 2 circular signs). This will designate their sensitivity tient markers assure no further inadvertent encroachment into the wetland. These perm subject to review and approval by the NACC. The applicant shall instruct all agents the are su J taking to explain these markers to buyers/lessees/landscapers and all persons to property from the applicant. The markers shall remain posted and be replaced as P tY necessary in perpetuity. 51. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.)verified stake the limits of impervious area in the Riverfront. These measurements will be in the field during the pre-construction meeting. g / 52. The applicant and/or the legal owner of that portion of land upon which these Orders of , or Conditions have been placed shall provide to the r NACC prior to to said Orders ogConditions, assigning any portion of said land to another party, subject the "Compliance Certification Form Affidavit" attached via"Appendix A" has read under the pains and penalties of perjury, stating that said applicant and/or e Orders of Conditions and is in compliance with each and every condition. T This to these provided document shall apply to each of the conditions business days prior tot e closing of said the Conservation Department at least five (5) land transaction. the applicant 53. Once these above mentioned pre-construction requirements are conplete, the and scan shall contact the Conservation Office prior to site preparation o the contractor,wetland scientist and the applicant arrange an on-site nt to ensure that ll of the Conditions of this Order are lic understood. This Order shall be included in all construction ont , subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting t requirements. The applicant shall assure that all contractors, subcontractors terms and contrac q other personnel performing the permitted work e held jointly liable for any violation of this conditions. Thereafter, the contractor l Order of Conditions resulting from failure to comply with its co on -site constr o applicant or contractor shall notify the NACC in writing of the identity of 242-1481,22-24 Ashland OOC.doc 6 NACC 7/26/2010 DEP FILE #242 - 1481 supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions n the Notice of Intent and Y development watershed boundaries as currently P oved b this Order of Conditions,unless specifically approved in writing by the appr Y Commission. 55.Water qua ty ing li in down gradient BVW's shall not differ significantly followhall be no here s completion of the project from the of om d sconditions. harge pipes or surface runoff sedimentation into wetlands or wa ter bodies leaving the site the issuance of the Certificate of Compliance,the applicant shall be 56. Prior to th responsible for cleaning the on-site drainage system. owners, and their successors and assignees, shall maintain all culverts, 57. The applicants,o collections basins, traps, outlet structures, ture{o an easement to the Town of North elements of the drainage system unless p Andover, in order to avoid blockages and siltation which might areas,failure and shall the system and/or detrimental impacts to on-site or off-site resource maintain the integrity of vegetative cover on the site DURING CONSTRUCTION pp 58. Upon beginning work,the applicant shall submit written monthly progress detailing be what work has been done in or near resource areas, and d what ork is anticipated done over the next period. This will update the construction 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. r will take all steps necessary to control dust onsite so that adverse 60. The contractor effects on adjacent resource areas and / or habitat do not occur. the contractor shall protect 61. Following completion of the on-site under Tdent sedimen/t from entering the resource the drain outlet with erosion control p area during the remainder of construction. NACC 7/26/2010 242-1481,22-24 Ashland OOC.d0c 7 DEP FILE#242 - 1481 tel upon completion of the dwelling foundation, and a 62. IMPORTANT: Immediately p the applicant to further construction activities associated oral Land tSurveyor of the Commonwealth plan prepared by a Registered Professional (R.P.L.S.) which accurately depicts the foundation location and is pr Said proximity to shall wetland resource areas as approved driistratoO or der approval. be submitted to the Conservation dm 63. A crushed stone prove construction entrance shall be designated at the access location tracking shown on the approved plans referenced herein to entrance minimize shall be reinforced and cleaned s onto the roadways and paved e duration of construction. as necessary throughout entrapped silt shall be 64. Erosion control devices shall be inspected oneuandywetland resource areas; silt fence in removed to an area outside of the buffer and hay bales shall be replaced as necessary. The areas of construction ion controls on shall remain a i in stable condition at the close of each construction o o on site or unless authorized by the place throughout the duration of any Conservation personnel. are proposed. If emergency de-watering requirements hick 65.No dewatering activities ar p P Commission for app the applicant shall submit a contingency in a settling basin to reduce turbidity provides for the pumped water to be contained into a resource area A ring of hay bales shall surround ant c d the anticipated shall be prior to discharge discharge area and a silt sock theldesignated Envirto rig Environmental Monitor. This designee m st be on-site and witnessed while work by ensure must be on-site while work sp ecific to de-watering activities are occurring and until hall sediment laden water is appropriately settled p wetland resource a Andover areas. No discharge of water is allowed directly into North area subject jurisdiction'urisdiction under the MA Wetlands Protection Act and or Wetlands Bylaw. with this project shall be clean fill,containing no trash,,, 66. Any fill used in connection w P plaster,refuse,rubbish or debris,including but not limited to lumber, motor vehicles or parts on any lath, tires, ashes,refrigerators,lath,paper,cardboard, pipe, of the foregoing. s shall be immediately landscaped and stabilized, 67. All exposed soil finish grade surfaces be loamed, seeded and mulched,with a layer of mulch of each All edis disturbed areas the be graded,loamed and seeded prior trade urfacees shall be stabilized with a layer of mulch season, exposed soil finish grade a layer mulch hay until climate conditions allow for seeding.During construction, area f ed soils that will be left idle for more than 30 ays shall be stabilized exposed of mulch hay or other means app roved by the NA NACC 7/26/2010 242-1481,22-24 Ashland OOC.doc 8 DEP FILE#242 - 1481 in the buffer zone shall have a slope steeper than 2: (horizontal: 68. No re-grading p_ pp vertical). Slopes of steeper grade shall be rip-rapped ed to provide permanent stabilization. vehicles shall not be staged overnight within 100 feet of a 69. Construction equipment/ wetland resource area no stockpiling of soil or other materials within 100 feet dob this resource 70. There shall be n p by area Soils or other materials shall be areas as shown on the approved plan referenced department or within the designated 71.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 72. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland Waste on the site by anyaother burying of spent construction materials or disposal of means. The applicant shall maintain dumpsters (or other suitable means)I at io the site no for thhe e storage e a and removal of such spent construction ub'ect to protection under the Act trash dumpsters will be allowed within 50' areas of l or local ByLaw. pollutants this project,there shall be no discharge or spillage of fuel, or 73 .During and after work on p J other ollutants into any wetland resource area. If there C shall be notified by the y pollutant during any phase of construction the NACC within one (1)business day. No construction vehicles are to e stored within i 100 feet of wetland resource areas, dfeet of a resource area.equipment maintenance is to be done within 100 AFTER CONSTRUCTION 74. No underground storage of fuel oils shall be allowed on any lot within one-hundred d (100) feet of any wetland resource area. This conditon This survive d t on Order under Conditions and shall run with the title of the property. the authority of the Town's Wetland protection ByLaw. 75. Fertilizers utilized for landscaping and lawn care shall be slow releaase,1ow d-nitro age types (< 5%), and shall not be used within 00 feet of a wetland�esource area.This condition herbicides shall not be used within shall survive this Order of Conditions and shall run with the title Protection of the pro ByLaw and This con condition tion is issued under the authority of the Town's Wetland shall remain in perpetuity. NACC 7/26/2010 242-1481,22 24 Ashland 00C.d0c 9 DEP FILE#242- 1481 ass clippings brush, or other debris into a in of leaves, grass This condition shall remain in 76.There shall no dumping wetland resource urce area or the No-Disturbance Zone. perpetuity all disturbed areas located outside om letion of construction and grading, c entl against erosion. This shall be done erea 77. Upon p resource areas shall be stabilized permanently loaming and seeding according to NRCS standards. Stabilization will be co complete once full vegetative cover has been achieved. consols shall be p approved site stabilization by Conservation staff,the erosion Upon a r and all exposed unvegetated areas shall be seeded. { 78. Up pp removed and properly disposed of a 79,Upon completion of the project the applicant shall submit the following the Commission as part of a request for a Certificate ce of Compliance: Conservation Co Compliance. a. WPA Form 8A- "Request for a Certificate of o P the applicant requesting a Certificate of b. A letter from t Pp c. The name and address of the current p open y owners shall be e d a aed with d. Signed statements from the individual Hance indicating that they r for a Certificate of Compliance prior to purchasing their property. therequest understood the of Order individual/trust or corporation to whom t e. The name and address compliance is to be gr anted. parcel number for the project. The street address and assessor's map/p and or f. / h g.. The DEP file number. Commonwealth certifying that the statement from a Registered Professional Engineer h R written sta of the shown on the plan(s) and documents referenced Registered Professional Land Surveyor) work has been conducted Commission. signed and stamped by a Registered Professional above and as conditioned d and s gn or of the i. An"As-Built plan prepared Engineer (and/or Registered Professional Land Wd Surveyor) Civil g public record. P Commonwealth, for the p ➢ "As-Built" nt post-development structures c elevations of all drainage &stormwater resource ement structures constructed within 100 feet of any wetland ana water systems exist partially within the management area. NOTE: If portions of the stormwater ---- Buffer Zone than the entire structure must be depicted to accurately verify compliance. t elevations and grades of all filled o whiched ➢ "As-Built" post-development encompassing buffer zone wetland resource areas including the e to°a Wetland Protection Bylaw. regulated as a resource area under the uctures include (but • •ons,fences, sheds, stone walls, Distances from structures to wetland resource areas. Str are not limited to) septic b urface utilities and decks. pools, retaining walls, s NACC 7/2612010 10 242-1481,22-24 Ashland 00C.doc DEP FILE#242 - 1481 A line showing the limit of work and the extent of existing erosion control ➢ devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. p 80.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 shall be oved established from the edge of adjacent wetland resource areas approved under DEP # 242-1481. Future work within 100' of existing f et a w th the ing resource areas or the 200' Riverfront will require a separate NACC (refer to Section 3.4 (page 15) of the Regulations for perfor a d ore standards within these zones) authority to waive these setbacks other agents of the NACC do not have the a as established under the local ByLaw; ➢ Resource Area Markers (Condition#50); ➢ Discharge or spillage of pollutants (Condition#73); ➢ Prohibition of underground fuels (Condition#74); Lim itations on the use of fertilizers,herbicides, and pesticides (Conditions ➢ #75). ➢ No dumping of leaves or brush (Condition#76) NACC 7/26/2010 242-1481,22-24 Ashland 00C.d0C 11 DEP FILE#242 - 1481 APPENDIX A-AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. Iamthe of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. Iamthe of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1481,22-24 Ashland OOC.doc 12 NACC 7/26/2010