HomeMy WebLinkAboutMiscellaneous - 168 CAMPBELL ROAD Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
r WPA Form 8B - Certificate of Compliance
242-1607
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Betsey Silvester
only the tab key Name
to move your PO Box 665
cursor-do not Mailing Address
use the return
key. North Andover MA 01845
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Betsey Silvester
leon Name
October 23, 2013 242-1607
Dated DEP File Number
3. The project site is located at:
168 Campbell Road North Andover
Street Address City/Town
Map 106B Parcel 77
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Betsey Silvester
Property Owner(if different)
Essex Northern 13783 103
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
6/23/15
Date
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1607
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP ''
i,
B. Certification f
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the I:
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work g
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:
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❑ 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Conditions has lapsed and is therefore no longer valid.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:
70
C. Authorization
Issued by:
North Andover 2 L )
Conservation Commission Da of Iss ance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regiona Office(See
http://www.mass.gov/eea/agencies/massdep/about/con :cts/find-t --massdep-
regional-office-for-your-city-or-town.html). 1
Signatures:. _
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WPA Form 8B,Certificate of Compliance•Page 2 of 3
wpafrm8b.doc•rev.5/29/14
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1607
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
168 Campbell Road 242-1607
Project Location DEP File Number
s
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Betsey Silvester
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.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
NORT_H7-4q
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Coachman's Lane Water Main Installation,North Andover
Commission ACC) voted to issue
public hearing the North Andover Conservation Commissio main at ) voted to i ate
a Negative June let r pubh Applicability filed to install an 8 inch cast iron
a Negative Determination of App �' at an a roximate depth of
nt area of Coachman's Lane between house#s a4 and house#158 within
depth ff r within the rdveme water main p Wetland.The existing
the Buffer Zone to Bordering Vegetated Work shall comply with the following:
15' and will be abandoned in place
North Andover Division of Public Works
Applicant: bodeau,P.E.,Director of North Andover Division of Public
PP Bruce Thi
Works
384 Osgood Street 01845
North Andover,
Sullivan Engineering Group,LLC
Representative: Jack Sullivan,P.E.
P.O. Box 2004
Woburn,MA 01888
Record Documents: Request for Determination of Applicability,received June 12,2015 Prepared by:Jack Sullivan,P.E.
Record Plan: Portion of Coachman's Lane,
Water Main Replacement
Prepared by: Sullivan Engineering Group,LLC
Dated:June 11,2015
Construction Conditions for Water Main Im,rovements: and lans.
••• All work will be conducted in accordance with the above referenced documents a p erein
. A
encement of work, erosion controls will be installed as shown on the h
•'• Prior to the comm
• referenced site plans.
20,Suite 2-36,North Andover,Massachusetts 01845
1600 Osgood Street,Building
Phone 978.688.9530 Fax 978.688.9542
Conservation/index
Web:http://www.townofnorthandover.com/Pa ge Conservation/index
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••• The Conservation Department will be contacted prior to the start of work and may, at any phase, s
inspect the installed erosion controls. _'
+ Excess materials and construction debris shall be properly disposed of off-site and work must be 1
• backfilled at the end of each day. tr
❖ All catch basins shall be protected with silt sacks during construction.
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• Dewatering is not anticipated,however if dewatering becomes necessary a dewatering detail must be
submitted.
Post Construction Conditions for Water Main Improvements: 3
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+ Upon stabilization the Conservation Department will conduct a final inspection to confirm the I
• restoration of prior site conditions and the removal of all erosion controls.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands A
Determination of Applicability
WPA Form 2 - I
'' Massachuse
tts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
g
Important: From: t
When filling out
forms on the North Andover hcant):
computer,use Conservation Commission Y
only the tab Property Owner(if different from app
key to move To: Applicant
your cursor Town of North Andover-DPW Name
do not use the Name
return key.
384 Os•ood Street Mailing Address
IMailing Address M= 01 8� State Zip C Code'� rth Andover Code City/Town NO State Zip
aril Title a n and Date(or Revised Date if applicable) of Final Plans and Other Documen June 11, 2015
1. Title (
Date
Water Main Re•lacement
Title Date
Title Date
Title
2. Date Request Filed:
June 12, 2015
B. Determination
G.L. c. 131, § 40, the Conservation Commission and made the following
Pursuant to the authority of M.G.L. with its supporting documentation,Request for Determination of App
Determination.
Project Description (if applicable):
Re•lacement of
a water main within the Buffer Zone to Borderin• Ve•etated Wetland.
Project Location: North Andover
Coachman's Lane #114#158 North
Street Address Lots 61, 65, 66
Ma' 64
Parcel/Lot Number
Assessors Map/Plat Number
Page 1 of 5
wpaform2.doc•Determination of Applicability•rev.12114
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Fo
rm 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following De
terminations)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands of Protection
tent or Abbreviated Notice of Intent)or Order received Conditions(issued following submittal of a Notice
Resource Area Delineation (issued following Commmttssion or th le DepartmentofREAnD�o mental Protection).
from the issuing authority(i.e., Co i
❑ 1. The area described on the referenced plans)
is an area subject to protection under the Act. a
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
boundary delineations of the following resource areas d crib in this Determination referenced plans)are ,
❑ 2a.The b Y
confirmed as accurate.Therefore,the resource area boundaries confirmed
din as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding i
binding 1
such boundaries for as long as this Determination is valid. I
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❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, r
regardless of
whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
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Ian s and documents) is within an area subject to
3. The work described on referenced p ( )
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
and document(s) is within the Buffer Zone and will
❑ 4. The work described on referenced plan(s)
alter an
Area subject to protection under the Act. Therefore, s d to or Buffer Zonh) filing of a
Notice of Intent or ANRAD Simplified Review(if work is im
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Ordinance or Bylaw Citation
Name
Page 2 of 5
wpaform2 doc•Determination of Applicability•rev.12/14
LiMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
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subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
Page 3of5
wpaform2.doc•Determination of Applicability•rev.12/14
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Iiiih.
will
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
3
B. Determination (cont.)
,
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
6. The area and/or work described in the Request is not subject to review and approval by:
ame of Municipality
}
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission Chapter 178
Name Ordinance or Bylaw Citation r
)
C. Authorization 1
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on Efi by certified mail, return receipt requested on r
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-vour-
city-or-town.html) and the property owner(if different from the applicant). ti
Signatures:
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Date
wpaform2.doc•Determination of Applicability•rev.12/14 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Applicability
r pq Form 2 — Determinatio of App §40
`Massachusetts Wetlands Protection Act M.G.L. 1.
D. Appeals
owner of land abutting the land
person aggrieved by this Determination, any
upon which the owner,r any p is to be done, or any ten residents of the city or town in which such land is
ro osed work request the appropriate Department of Environmental
upon which the p p Applicability.located, are hereby notified of their right to req
Superseding Determination of App. e filing
4
Office (see htt•://www.mass.•ov/eea/e•aencieps/massde•/about/contactsl in -th 9
Protection Regional O ( ingemin the approp
The request must-be made our-cit -d mail hand to issue
The request must be made by certified mail or hand delivery to the Department,
as provided in
T (see Request for Departmental Action Fee Transmittal Form) p
Fee Transmittal withi Form (s from the date of issuance of this Determination.Commission
cop of the
fee and F within ten business days fr to the Cons
request CMR 10.03(7) certified mail or hand delivery
request shall at the same time be sent by appellant. The request shall state clearly and concisely the �
objections ct the applicant if Determination in which is being abp appealed. To the extt thaProtection the
t Determination is basedton ).
objections to the Dete o b law and not on the Massachusetts Wetlands
a municipal ordinance Y appellate jurisdiction.
Department of Environmental Protection has no app
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wpaform2.doc•Determination of Applicability•rev.12/14
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LiMassachusetts Department of Environmental Protection DEP File Number. ii'
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Provided by DEP
Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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A. Request Information t
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1. Location of Project
b.City/Town,Zip
a. Street Address
3
d.Fee amount t:
c.Check number
Important: 2 Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on 1
the computer, Name
use only the
tab key to Mailing Address
move your State zip code
cursor-do City/Town
not use the Fax Number(if applicable)
return key. Phone Number
rab 3. Applicant(as shown on Determination of
Restoration
Order of Order of Resource
m 5A), or Notice of Delineation
(Form 4B), Order of Conditions (Form ),
Non-Significance (Form 6)):
own
Name
i
Mailing Address
State Zip Code
City/Town
Fax Number(if applicable)
Phone Number
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one): it house projects)or$245 (all other
111 Superseding Order of Conditions—Fee: $120.00(single family p
projects)
❑ Superseding Determination of Applicability— Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts,to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1 of 2
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15
ts;
Massachusetts Department of Environmental Protection
p DEP File Number:
Bureau of Resource Protection - Wetlands
i.
Request for Departmental Action Fee
Transmittal Form Provided by DEP
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Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.) c,
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2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
f.
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office (see http://www.mass.gov/eea/agencies/massdeb/about/contacts/).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
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wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 2 of 2
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Massachusetts Department of Environmental Protection Provided by MassDEP:
--� Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
WPA Form 5- Order of Conditions eDEP Transaction#:605068
N.),.\\,,
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. o OOC b.o Amended OOC
3.Applicant Details
a.First Name BETSEY b.Last Name SYLVESTER
c.Organization ,
d.Mailing Address PO BOX 665
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
sil
a.First Name BETSEY b.Last Name SYLVESTER
c.Organization
d.Mailing Address PO BOX 665
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 s''
5.Project Location
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a.Street Address 168 CAMPBELL ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845 s`
d.Assessors Map/Plat# 106B e.Parcel/Lot# 77 ''
f.Latitude 42.63913N g.Longitude 71.06032W 4`
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page 1`
NORTHERN ESSEX 13441 122
7.Dates
a.Date NOI Filed:9/30/2013 b.Date Public Hearing Closed: 10/23/2013 c.Date Of Issuance: 10/23/2013 1`
8.Final Approved Plans and Other Documents
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a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING SITE ,
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PLAN, 168
LEBLANC SURVEY 1
CAMPBELL ROAD, ASSOCIATES,INC. VERNON J.LEBLANC September 25,2013 1"=20'
NORTH ANDOVER,
MASSACHUSETTS
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
WPA Form 5- rder of Conditions eDEP Transaction#:605068
�` City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act MGL.c. 131,§40
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B. Findings
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1.Findings pursuant to the Massachusetts Wetlands Protection Act
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Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of g
the Wetlands Protection Act. (
Check all that apply:
lss
a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c.❑ Prevention of Pollution
d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife Habitat i~
g. ❑ Ground Water Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control
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2.Commission hereby fords the project,as proposed,is:
Approved subject to:
a.❑ The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following ".
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or r
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.❑ The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, t`
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect 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. l
c.❑ The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
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). l;
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3 ❑ Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 50
area specified in 3 10CMR10.02(1)(a).
a.linear feet
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Inland Resource Area Impacts:(ForApprovals Only):
Proposed Permitted Proposed Permitted k'
Resource Area Alteration Alteration Replacement Replacement P.
4. ❑ Bank
a linear feet b.linear feet c.linear feet d.linear feet
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5.❑ Bordering Vegetated Wetland
a square feet b.square feet c.square feet d.square feet
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6. ❑ Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
WPA Form 5-Order of Conditions eDEP Transaction#:605068 i
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityITown:NORTH ANDOVER
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e.c/y dredged f.c/y dredged
h.
7.o Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
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Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.0 Isolated Land Subject to Flooding
a square feet b.square feet l
Cubic Feet Flood Storage !.
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
l9.0 Riverfront Area
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a total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet t
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
is
1.
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement f;
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10.0 Designated Port Areas Indicate size under Land Under the Ocean,below
11.o Land Under the Ocean
a.square feet b.square feet
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c.c/y dredged d.c/y dredged
12.o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.o Coastal Beaches
a square feet b.square feet c.c/y nourishment d.c/y nourishment
14.0 Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment r`
15.o Coastal Banks i
a linear feet b.linear feet i
16.o Rocky Intertidal Shores
a square feet b.square feet
17.o Salt Marshes #
a square feet b.square feet c.square feet d.square feet
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18.o Land Under Salt Ponds
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a.square feet b.square feet i
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c.c/y dredged d.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
� Bureau of Resource Protection-Wetlands
MassDEP File 4:242-1607
WPA Form 5 -Order of Conditions eDEP Transaction#:605068
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
19.n Land Containing Shellfish
a square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.o Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above 1`
c.c/y dredged d.c/y dredged
21.n Land Subject to Coastal Storm Flowage
a square feet b.square feet
22. 5
o Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh ?'
23.
o Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
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WPA Form 5-Order of Conditions
eDEP Transaction#:605068 `
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER
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until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land 1'.
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1607"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission I
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission I
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this ,.
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that 1
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the t
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or 0,
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) o is not(2)o subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions; k.
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance ,
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General i
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands
o MassDEP File#:242-1607
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City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting t
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and I'
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M t
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan. i
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-teen pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. 1
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes t
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responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the 1_
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a pennittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the i`
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall i
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and (
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stonnwater Handbook.
g) The responsible party shall: ,
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the 1'
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and i
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. K'
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered i
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
WPA Form 5 -Order of Conditions eDEP Transaction#:605068
L City/Town:NORTH.ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I
1. Is a municipal wetlands bylaw or ordinance applicable?o Yes o No
2. The Conservation Commission hereby(check one that applies):
a. o DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
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Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw
WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
BYLAW ,
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3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other l'
proposals submitted with the Notice of Intent,the conditions shall control. i
E.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED 1
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Li Bureau of Resource Protection-Wetlands MassDEP File#:242-1607
CTown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 1,
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E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified /6/g3/ 13 t
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 4
,
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant 1.
Signatures:
7.) i _1/4/11/e .40019..'
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by hand delivery on A by certified mail,return receipt requested,on
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Date Date
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F. Appeals
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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 i`
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the r
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be i
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant k'
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior 1'
participation in the review of this project Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information t
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not U
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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IiikMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1607 1j
? eDEP Transaction#:605068
WPA Form 5 t Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on 1
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
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Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
NORTH ANDOVER
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Conservation Commission
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Please be advised that the Order of Conditions for the Project at: s
168 CAMPBELL ROAD 242-1607
Project Location MassDEP File Number l
Has been recorded at the Registry of Deeds of: ''
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County Book Page
for:
Property Owner BETSEY SYLVESTER k
and has been noted in the chain of title of the affected property in: a
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Book Page
In accordance with the Order of Conditions issued on:
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Date g`
If recorded land,the instrument number identifying this transaction is: t
Instrument Number
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If registered land,the document number identifying this transaction is: t
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Document Number a
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Signature of Applicant Rev.4/1/2010 1
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DEP FILE#242-1607
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 in-ground pool and replacement
with clean fill material,construction of a new patio within the limits of the former pool
patio,reconstruction of several low retaining walls and reconstruction of the existing
walkway and front steps, portions of which are within 100 feet of an Ephemeral Pool,
Ephemeral Pool Habitat and Bordering Vegetated Wetland (BVW).
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Betsey Sylvester
168 Campbell Road
North Andover, MA 01845
NOI Prepared by: William Manuell
Wetlands & Land Management, Inc.
100 Conifer Hill Drive #516
Danvers, MA 01923
Site Plans prepared by: LeBlanc Survey Associates, Inc.
Titled: Existing Site Plan
Dated: September 25, 2013
Signed and Stamped by Vernon J. LeBlanc, PLS
Other Record Documents: Letter from Division of Fisheries &Wildlife
Date: 10/23/13
NHESP Tracking No.: 13-32629
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.
242-1607, 168 Campbell Road 1 NACC 10/25/2013
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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. 1;
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.
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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 i
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 1
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, 4
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 1
is satisfied that the work will comply and has so notified the applicant in writing.
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26. This Order does not relieve the perrnittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
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this order. I
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 of the North
Andover Wetland Regulations).
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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.
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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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242-1607, 168 Campbell Road 2 NACC 10/25/2013
DEP FILE#242-1607
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32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland and Ephemeral Pool/Ephemeral Pool Habitat. [`
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 this resource area to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas and
associated buffer zones on the site as shown on the plans dated referenced herein (WF
Al -A41 and WF B1 - B10). Wetland flags B1 and B10 begin and end at the headwall
for the culvert which goes under Lyons Way, and the B-series wetland is connected to ti
the A-series wetland by a culvert under the driveway for 168 Campbell Road,both
connections/culverts are to be noted and reflected on the As-built plan required in
condition#69. !;
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 I;
prevent any alteration of wetland resource areas a fifty-foot (50') No-Disturbance Zone
and a seventy-five foot (75') No-Construction Zone shall be established from the edge
of the adjacent Ephermeral Pool and Ephemeral Pool Habitat and a twenty five foot i
(25') No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be
established from the edge of all other wetland resources except for areas shown as
previously developed on the herein referenced plan(house, portions of the driveway
and walkway). 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). 0
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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 permits t
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.
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36. The owners of.the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. 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 k'
damage or any other form of water damage.
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DEP FILE#242-1607
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. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
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 242-1607." 1
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). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. 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 dated and detailed sequence of construction, including the installation of
footings, dwelling construction, and final 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
242-1607, 168 Campbell Road 4 NACC 10/25/2013
DEP FILE#242-1607
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.
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44. A staked silt sock or other erosion control approved by the Conservation Department
shall be placed between all construction areas and resource areas as shown on the 1
herein referenced plan. 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 implemented at the direction of the NACC or
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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 l
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 I,
required by the NACC, they shall be installed within 48 hours of the Commission's
request. 1
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or
an additional 25 feet of silt sock). Said bales shall be used only for the control of i
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. f
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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
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242-1607, 168 Campbell Road 5 NACC 10/25/2013
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DEP FILE #242-1607
contacted, due to an emergency at the site, during any 24-hour period, including 1
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. The Environmental I=
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.
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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 with photos from the "Erosion Control Monitor" to the NACC certifying that, i
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their I
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 1/2" inch of rain or greater (24 hour event)to
ensure that soils remain stable, and erosion controls are adequate and secure.
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49. Prior to construction, the applicant shall permanently mark the edge of the "50' No-
Disturbance Zone" on all delineated wetlands on property with signs or markers
spaced evenly every 30 feet incorporating the following text: "Protected Wetland
Resource Area" and the associated rules (1 square for every 3 round markers). I;
Markers may be mounted to the proposed stone wall. These markers will designate
the sensitivity of the resource area 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 f
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).
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50. The applicant and/or the legal owner of that portion of land upon which these Orders t.
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 I'
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix I
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. s'
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DEP FILE#242-1607
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,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, 1
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 permitted work are fully aware of the permit's
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).
STORMWATER MANAGEMENT CONDITIONS
52. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from •p
discharge pipes es or surface runoff
leaving the site.
DURING CONSTRUCTION <`
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53. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
54. Dewatering activities are not proposed. 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 into a resource area.
55. Construction access shall be over the existing driveway. The driveway shall be
properly protected with erosion control to prevent sediment from entering into the
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.
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DEP FILE#242-1607
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, loarned and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
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 as directed 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.
59. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area. All stockpiled materials shall be stored within the installed erosion controls as
shown on the herein referenced plan.
60. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
61. 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.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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
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64. 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
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DEP FILE #242-1607 '
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Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
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65. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
low phosphorous types (< 5%), and shall not be used within 50 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 illi
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
66. 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.
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67. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by I
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved. F
68. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
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69. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance: F
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.
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e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted. k,
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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h. A written statement from a Registered Professional Civil Engineer (and/or F
Registered Professional Land Surveyor) of the Commonwealth certifying that the I
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 (P.E.) (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
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DEP FILE#242-1607
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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➢ 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.
70. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ No-Disturbance Zone (variable width) and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas on lot
except in those locations approved under DEP # 242-1607. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (See Section 3.4 of the Regulations for performance
standards within these zones). The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local ByLaw;
➢ Resource Area Markers (Condition#49)
➢ Discharge or spillage of pollutants (Condition#63);
➢ Prohibition of underground fuels (Condition#64); u'
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#65); g'
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#66).
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DEP FILE #242-1607
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.
Wor
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.
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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)
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