HomeMy WebLinkAboutMiscellaneous - 59 BANNAN DRIVE 0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Transaction#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 0tyflbwn:NORT14 ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. ❑ DOC b.❑ Amended DOC
3.Applicant Details
a First Name THOMAS&SANDRA I.Last Name BLACKSHAW
c.OrganGation
d Mailing Address 59 BANNAN DRIVE
e.Cnyfrown NORTH ANDOVER f State MA g.Zip Code 01845
4.Property Owner
a First Name THOMAS&SANDRA I.Last Name BLACKSHAW
c.Organization
d Mailing Addres 59 BANNAN DRIVE
C.City?awn NORTH ANDOVER Estate MA g.Zip Code 01845
5.Project Location
&Street Address 59 BANNAN DRIVE
b.Cayfrown NORTH ANDOVER eZip Code 01845
d.Assessors Map/Plat#38 e.Parcel/Losi 0113
f.Latitude ON g.Lon®mde OW
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 3940 108
7.Dates
&Date NOI Filed: 10/15/2013 It.Date Public Hearing Closed: 10/23/2013 c.Dats Oflssuance: 10242013
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: e.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
59 BANNAN DRIVE PENNONI BENJAMIN C.OSGOOD,JR.
-SEWERDISPOSAL ASSOCIATES INC. P.E. 1021/13 P'�0-
SYSTEM PLAN
B. Findings
LFindings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MessDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Transection#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Following da review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented 9the public hearing this Commission finds that the areas in which work is proposed is significant w the following infaests of
the Wetlands Protection Act
Check a0 that apply:
a. o Public Water Supply b. o load Containing Shellfish c.0 Prevention of Pollution
d. o Private Water Supply e. o Fisheries f. o PrOteationofWOdlife Habitat
g. o Ground Water Supply It 0 Smmm Damage prevention i. 0 Flood Conuol
2.Commission hereby finds the project,w proposed,is:
Approved subject to:
ao The following conditions whichare necessary in accordance with the pertormance standards set forth in the wetlands regulations
This Commission orders that all work shall be performed in accordance wirhtheNofice of Intent referenced above,the following
Gerwml Conditions,and any other special conditions attached to this Order.To the exmrrc that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent these conditions shall control.
Denied because:
b.o The proposed work cannot be conditioned in meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until anew Notice of Intent is submitted which provides measures which are
adequate to protea interests of the Act,and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c The information submitted by the appficant is not sufficient to describe the sit,the work en-the effect of the work on the interests
identified in the Wetlands Protection Act Therefore,weak on this pmjectrnly act go forward unless and until a revised Notice of
Went is submitted which provides sufficient information and includes measures which are adequate to protect the interests ofthe
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
30 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 3 IOCMR10.02(1)(a). 40
a lirrear feet
Inland Resource Area Impacts:(ForApprovals Drily):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4, o Bank
alinearfed b.Wumfea ,lmem fret d.lmearfeet
5.0 Bordering Vegetated Wetland
feet
a square fed -t square c.square feet d.square fed
6. o Land under Waterbodies and Waterways
a spume fed b.square feet c.square feet d.square fed
n dy dredged E Ny dredged
7.o Bordering Land Subject to Flooding
a square feet b.square fed c.square feet d square feet
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MaMDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Transaction#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/fown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic fed f,cubic fed g cubic feet h.cubic feet
8.❑ LsolmW Land Subject to Flooding
a spasm feet b.square feet
Cubic Feet Flood Storage
c.cubicfed d.cubic feet e.cubicfeet £cubic feet
9.o Rwerfmnt Area
a coral sq.feet b.total sq.feet
Sq R wiatin 100 ft
c.square feet d square feet e.square feet f square fed
Sq ft between 100-200 ft
g square feet h.square fat i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.0 Designated Port Areas Indicate a=under Lend Under the Ocean,below
11.0 Land Underthe Ocean
a square fat b.square feet
c.Gy dredged d.dy dredged
12.0 Barrier Beaches Indicate sin under Coastal Beeches and/or Coastal Dunes below
13.o Coastal Beaches
a square feet b.square feet c.dyrwmishmmt d dy nourishment
14.0 Gospel Duua
a square feet b.square feet c dYuomiskneN d dy npuiebmmt
15.n Coastal Banks
alinemfeet b.linearfeet
16.0 Rocky Intertidal Shores
a square fed b.square feet
17.o Salt Marshes
a square feet b.square Fat c.square feet d.square feet
18.0 Land Under Salt Ponds
a spume feet b.square feet
c.dy dredged d dy dredged
19,0 Land Coatairdng Shellfish
T;-quare fed b.square feet c.square feet d.square fee[
Page 3 of 10•ELECTROMC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands Ma%DEP File#.,242-1609
WPA Form 5-Order of Conditions eDEP Transaction#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cltyfrown:NORTHANDOVER
Indicate sin Under Coastal Banks,inland Bank,Lard Under the
20.0 � Ocean,and/or irdand Land Under Wated odies and Waterways,
above
a.dy dredged d.Gy dredged
21.❑ Land Subject to Coastal Storm Flowage
a.square felt b.square feet
22.
❑ Restomtion/Enhancement(For Approvals Only)
If the Project is for the purpose of restoring or enhancing wetland resource area in addition to the square footage that has been
entered in Section B.sc&d or B.17x&d above,please entered the additional amount here.
a.square feet of BW W b,square feet of Salt Marsh
23.
❑ Streams Crossing(s)
If the Pmjectinvolves Sheem Crossings,please enter the number of new stream crossings/number of replacement stream crossings,
a number ofnew stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The fal owing conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measwes,shall be deemed
cause to revokc 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 permiaee or any other person of the necessity of complying with all other applicablefederal,
stare,or local shames,ordinances,bylaws,or regulations.
4. The work amhod&d heremrdershall be completed within duce years from the dam of this Order mdess either of the following
apply:
a the work is a maintenance dredging project as provided for in the Aa;or
b.the time for completion has been emended to a specified date more tan tum years,bra leas than five
years forn the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special chcnmstanoes warroming the ertendeitime 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 than years each upon application to the
isming authority m least 30 days prior to the expuation date of the Order.
6. If this Order constitutes an Amended Order ofCon litions tits Amended Order of Conditions does net exceed the issmance
date of the original Final Order ofCondifims.
7. Any fill used in comsection with this project shall be clean fill.Any fill shall contain ro baslh,refuse,rubbish,or debris including
but not limited an lumber,bricks,Plaster,wire,lath,paper,cardboard,Pipe,tines ashes,refrigehators,motor vehicles or parts of
arY of the foregoing.
8. This Order is not final hmtil all administrative appeal periods from this Order have elapsed,or if such an appeal has been Wren,
until all proceedings before the Depmanem have been completed.
9. No work shall be hmdertaken 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 fide of the affected property.In the case of recorded land,
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LJMassachusetts Department of Environmental Protection Provided by MascDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Transaction#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 ClyTown:NORTH ANDOVER
the Final Order shall also be noted in Ore Registry,Grantor.Wdc,nude,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 ofthe owner ofthe land upon which the proposed work's done.The recording information shall be submitted
m the Conservation Commission om the format the end oftltis order,which form must bestamped by the Registry ofDerds,
Prior m the commencement of work.
10. Asign shall be displayed at the site not less Orentwo square feetormorethan three square feet in size bearing the tmrwords,
"Massachusetts Depaent oflowmamental Protection"
(or'MassDEP"1
File Number:"242-1609"
IL Where the Department ofEndom mem Protection is requested m issue a Superseding Order,the Conservation Commission
Shall be a party m all agency proceedings and hearings before Mass DEP,
12. Upon completion ofthe work described herein the applicant shall submit a Request forCenificate ofCompliance(WPAForm
SA)m the Conservation Commission,
13. The work shell condom to the plans and special conditions referenced in this order.
14. Any chazWas,the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing alfa new Notice of Intent
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
and analmspad the area subject m this Order az reasonable hours m evaluate compliance with the conditions stated in this
ho.
omay require the submittal ofany,data deemed necessary by the Conservation N
Commission or for at
evaluati
16. This Order of Conditions shall apply many successor in interest or successor in control of the property subject 0 Us Order and
many convector m other person performing work conditioned by this Order.
17. Prior to the start ofwork,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 bema lred by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance hes been issued by die Cana z ofis n Commission,
18. All sedimentation barriers shall bemaintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediment be deposited in a wetland or water body.During construction,the applicant or his her
designee shell inspect the erosion controls on a daily basis and shall remove and mula+ed sediments as needed.The applicant
shall immediately control any erosion problems the occur as the site and shalt also immediately notify the Conservation
Canmission,which reserves the right m require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork unless another Writ 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) o isnot(2)o sobjeato the Mossach ardta Stormwater,Smndards.
If the work is subjca on Smrmweer Standards,then the project is subject m the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pulludon prevention and erosion and sedimentation control plan and,If applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Smmnwater SmtMard S.Construction period erosion,sedimentation and pollution cement measures and
best mamegementpmgied,(BMPs)shall remain in place until the site is fully stabilized.
by No eonnwerex many may be discharged as the past-WHotruction stormwmer BMP,unless and mail a Registered
Professional Engineer pmvides a Certification the:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For my construction period BMPs intended m be converted to post construction
operation far slormwedsonametion,recharge,and/or treahnent,the conversion is allowed by Ore MassDEP Semmwmer
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all consmxtiom period sediment tapped in eld and outlet control structures;ii.es-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the she is fully stabilized;id,
any illicit discharges m the summoner management system have been removed,as per the requirements of Smnnwmer
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Massachusetts Department of Environmental Protection Provided by M,,DEP:
Bureau of Resource Protection-
Wetlands MassDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Tmnsaefiom#:605592
L3 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ciry/Pown:NORTH ANDOVER
Standard 10;r` all post-cotrnuction rimmwster BMPs are installed in accordance with the plans(including a0 planting
Plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper woddng condition;v.any vegetation associated with post-conshtretion BMPs is suilably established to withstand
erosion-
c) The landowner is responsible for BMP namdenartseuntil the issuing authority is notified that another party has legally assumed
responsibility for RMP maintenance.Prior m requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible parry(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation aM
Maintenance Compliance Statement("O&MStatemaa')for the SmrmwaterBMpt idenoin Inng hepadyresperatioefor
implementing the smrmwaterRAP Operation and Maidenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implanrnted upon receiptofthe Certififate of Compliance,and ii.)the future responsible parties
shall be notified in writing oftheh ongoing legal=Portability an operate and maintain the ammrwetamanagement BMP,and
implement the Stonnwe er Potation Prevadon Plan.
d) Pon-construction pollution prevention and source,corme)shall be implemented an accordance with the long-term pollution
Preventionplansectionoftheapproved Smrmwaz Repmtand,ifapplicable,the Smorma erPollution Prevention Plan
required by the National PollumntDischarge D minim System Multi-Sector General Permit
e) Uden and wet another Party accepts responsibility,the landowner,or owner Many drainage easement,assumes
responsibility far maintaining each END.To ov«cmne this presumption,the landowner of the property most submit to the
issuing authority a legally binding agreement ofrecand,acceptable to the issuing authority,evidencing tu[anotherrntity has
accepted responsibility for maintaining the BMP,and that the pnryosedresponsible pmy,ady evdlncheated as number
as
PuNosed re implementing the requirements requirement 19(t)througlh 19(k)with respect to that BMP.Any failure ofthe
ar
Proposed responsible party m implement the requirzments ofCondiduns 19(t)tivough 19(k)with respect to that BMP shall
be a violation ofthe Order of Conditions or Certificate oi-complanum In the case ofstormwater BMPs Out are serving more
than one lot,the legally binding agreement shall also identify the lots Out will be serviced by the stmmwa xDMps.A plan and
easement deed that grant,the responsible Party access m perform the required operation and maintenance must be submitted
almg with the legally binding agreemeut.
f) The responsible party shall operate and maintain all stormwmer BMPs in accordance with the design plans,the O&M Plao,
and the requirements of the Massachusetts Smmnwater Handbook
g) The responsible party shall:
1.Maintain an operation and maintenance log fa the hat three,(3)consecutive calendar years ofinspections,repairs,
maintenance and/or replacement ofthe amma"a tes management system or any Pmt therent and disposal(for disposal 0te
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available to MassDFP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Corrmtission m enter and inspect the site an evaluate and ensure
that the responsible Party is in compliance with the requireme s fo each BMP established in the O&M Plan approved by
the issuing audionity.
h) All sediment orother contaminants removed from stomhwater BMPs shall be disposed ofin aceordance with all applicable
fedual,state,and local laws and regulations.
Illicit discharges to the smrmwater management system as defined in 310 CMR 10.04 are prohibited.
j) The smrmwakr management system approved in the Order ofCoMitlons shall not be chaa rdi W. the prior written
approval ofthe issuing amhoriry.
k) Areas designated as qualifying pervious areas far the purpose ofthe Low Impact Site Design Credit(as defined in the
MassDEP Smnawater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
9 Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed around
srmmwater BMP,shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED,
Page 6 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MessDEP File#:242-1609
WPA Form 5-Order of Conditions cDEP Transactioe#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Page 7 of 10•ELECTRONIC COPY
1 . . 0
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242.1609
WPA Form 5 -Order of Conditions eDEP Tomocdon#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CnyTuwn:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw Or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable?� Yes ❑ No
2. -Ue COMeNatiOn C m' io h ck one that applies)
a 0 DENIES the proposed work which cannot be conditionedm
meet the standards set forth m ammicipal ordinance or bylaw
specifically:
I.Mmicipal Ordinancem Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice oflatem is submitted which provides
measures which are adequate to meet these Standards and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
D APPROVES the proposed work,subject b the following
additional conditions
NORTH ANDOVER
I.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders thatall work shall be performed in accordance with the following conditions and withthe Notice of
hr[ent referenced above.Ta the egentthat the following conditions modify or differ from the plans,specifications,w other
Proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10•ELECTRONIC COPY
0Massachusetts Department of Environmental Protection Provided by MamDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1609
WPA Form 5-Order of Conditions eDEP Trmisactioo 4:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/rown:NORTHANDOVER
E. Signatures
This Orderis valid for am years from the data of issuance,unless otherwise specified - �j —
pursmnttoGeneral Condition 44.ifthis is an Amended Order of Conditions,the Amended 1. ate of Original Order
Order expires on the same date as the original Order ofConditia n.
Please indicate the number of members who will sign[Otis forth.This Order most be signed by —
a majority of the Conservation Commission. 2.Number of Signers
The Order most be mailed by certified mail moron receipt requested)or hand delivered to the applicant.A copy also must be mailed
Or hand delivered a the same time to the appropriate DepartnemofEnvironmental Protection Regional Office,if not filing
electronically,and the property owner,ift ifferent from applicant
Signatures:
X by hand delivery on Oby certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail m hand delivery to the
Depamnent with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall ar the same time be
sent by certified mail mhand delivery to the Conservation Commission and to the applicant,ifhe/she is not the appellant.
Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project Previous participation in the permitprocttding means the submission of writhe information to
the Conservation Commission print to the close of the public hearing requesting a Superseding Order,or
to the Department prior to issuance of a Superseding Order. p ding whiten information
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute m the protection ofthe interests identified in the Massachusetts Wetlands Protection Act(M.G.L,a 131,§40),and is
inconsistent:with the wetlands regulations(3 10 CMR 10.00).To the extent the the Order is based on amunicipal ordinarrce or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations,the Department has no appellatejurisdicton.
Page 9 of 10•ELECTRONIC COPY
1 - . 0
Massachusetts Department of Environmental Protection Provided by MassDFP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1609
WPA Form 5-Order of Conditions eDEP Transaction#:605592
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rownNORTHANDOVER
G. Recording Information
Itis OrderofConditions must be recorded in the Registry ofDeeds or the Land Court for the dildd in which the land is located,
wi0tin die chain oftitle ofthe affected Property,In the case ofrecorded land the Final Ordershall also be noted in the Regisbys
Grantor Index underthe name ofahe owrrer ofthe land subject w the Order.N the case ofregistemd land,this Order sbell also be
noted on the Lard Court Cerlificate ofTide ofthe owner ofthe land subject io the Order ofConditions.The recording information on
dtis page shall be submioed tothe Conservation Corrunission listed below.
NORTH ANDOVER
Conservation Commission
Detach on doaW line,have stamped by the Registry of Deeds and submit to the Coreenomm Commission.
To: ...................................................................................................................................................................................................
NORTH ANDOVER
Conservation Commission
Please be advised that the Order ofCondidons for the Project at:
59 BANNAN DRIVE 242-1609
Project Location
MassDEP File Number
Has been recoMW at the Registry of Deeds of.
Com Book Page
f¢
Property Owner THOMAS&SANDRABLACKSHAW
said has been noted in the chain oftide ofthe affected property in:
Book Page
In azmrda s.with the Order of Conditions issued on:
Date
Ifremded lend,the instrument number identifying this tmnsacam is:
Instrument Number
Ifregistered lord the docmment number idmtifymgthis barisacdm is:
Document Number
Sigunsre ofApplicanl aw.u�rzo�o
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242 - 1609
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: removal of an existing deck and replacement with a 2
story addition on a frost wall foundation with a 6'x 20' deck on the second level and a
3' x 8' stone patio on the lower level. The project will require the original septic tank
to be replaced 10' off of the new foundation. The distribution box will also be replaced
and the perforated field lateral pipes will either be replaced or re-pitched. The closest
point of new construction is more than 60'from the wetland resource area. A shed in
the No-Build Zone will be removed and a new shed will be constructed outside of the
50' No-Build Zone in a location to be approved by the Conservation Department.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Property Owner/
Applicant: Thomas 6r Sandra Blackshaw
59 Barman Drive
North Andover,MA 0845
Notice of Intent: Received October 11,2013
Revised Project Narrative: Received October 21,2013
Site Plans prepared by: Pennon Associates Inc.
Title: Sewer Disposal System Plan
Dated: 10/09/13 Last Revised: 10/21/13
Signed and Stamped by: Benjamin Osgood,Jr.,P.E.
Wetland Delineation by: Wetland Consulting Services
Delineated:October 2,2013
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
242-1609,59 Benner Drive DOC ] NACC ID24/2013
DEP FILE 9 242- 1609
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 thin
days (30) prior to the expiration date of the Order (Refer to Section 8.3 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).
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32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland(BV W). These resource areas are significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of these resource areas to
the identified interests.
33. The NACC agrees with the applicant's on-site buffer zones as shown on the plans
dated and referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25' No-
Disturbance Zone and a Fifty foot(50')No-Build Zone shall be established from the
edge of the adjacent wetland resource areas except as shown on the herein referenced
plan(lawn area in the 25' No-Disturbance Zone). The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade,soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
35. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the perm is
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. hl the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
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DEP FD:,E#242 -1609
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1609."
40. Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant).Willun
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
41. It is the responsibility of the applicant,owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction, including installation of
sedimentation/erosion control devices,excavation, construction and
revegetation/stabilization.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
44. A staked filter sock will be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC or
its agent prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
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DEP FELE#242 - 1609
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 20 extra feet of filter sock. Extra erosion controls shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of
$1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel,and shall be released after
completion of the project, provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
47.The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be 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
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes and the Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report from the"Erosion Control Monitor" to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks
are being adhered to. The erosion control monitor must visually inspect all
242-1609,59 Barman Drive DOC 5 NACC 10/242013
DEP FILE#242- 1609
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1" inch of rain or greater(24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure
49. Prior to construction, the applicant shall permanently mark the existing stone
wall/treeline with signs spaced every 30 feet incorporating the following text.,
"Protected Wetland Resource Area" and the associated rules (3 rounds for every 1
square). This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round and
$3 square).
50. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
51. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor,wetland scientist and the applicant to ensure that all of the Conditions of
this Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede
any conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the perniitted work are fully aware of
the permiCs terms and conditions. Thereafter,the contractor will be held jointly liable
for any violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction 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).
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DEP FILE#242- 1609
STORMWATER MANAGEMENT CONDITIONS
52. There shall be no changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
53. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work, the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#48 above)detailing what
work has been done in or near resource areas, and what work is anticipated to be done
over the next period. This will update the construction sequence.
55. De-watering activities are not anticipated as part of the proposed project.No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge toward a resource area.
56. Any fill used in connection with this project shall be clean fill, containing 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 on any
of the foregoing.
57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 1a1 of each year. Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction,any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
58. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
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DEP FILE#242- 1609
59. There shall be no stockpiling of soil or other materials within one hundred (50)feet of
any resource area. Stockpiled material shall be stored in the area identified on the
approved plan referenced herein. Excess material shall be disposed of properly in
accordance with state and local law.
60. The existing driveway will serve as construction access for the project.This area shall
be swept daily to remove sediment deposited by construction vehicles accessing then
site.
61. Washings from concrete trucks, or surplus concrete,shall not be directed to,any
drainage system, or wetland resource area. If truck washing is required a location for
such activity shall be approved by the Conservation Department.
62. All waste generated by,or associated with, the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means)at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
63. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
64. During and after work on this project,there shall be no discharge or spillage of fuel,or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1)business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
65. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
66. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types(<5%),and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
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DEP FILE 9 242 - 1609
67. There shall be no dumping of leaves, grass clippings, brush,or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity.
68. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
69. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
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DEP FILE#242 - 1609
➢ Distances from structures to wetland resource areas. Structures include(but
are not limited to)septic systems,additions,fences,sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes Any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
71. 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
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1609. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw;
➢ Resource Area Markers(Condition#49);
➢ Discharge or spillage of pollutants(Condition#64);
➢ Prohibition of underground fuels(Condition#65);
➢ Limitations on the use of fertilizers,herbicides and pesticides(Condition
#66);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#67).
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DEP FILE#242- 1609
APPENDD(A-AFFIDAVIT
I' on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
2.— I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. thereby affirm and acknowledge that on this day of 19_
with any and al
I inspected said property together l 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#)
&
S. 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)
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