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HomeMy WebLinkAboutMiscellaneous - 52 EMPIRE DRIVE a Massachusetts Department of Environmental Protection ProlideMa,Ddby M#242-1: 490 Bureau of Resource Protection-Wetlands DEPTPsaLdon :33036 WPA Form 5-Order of Conditions `Deno, nN BT#:ANDD Ulk City/fownNORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a r DOC b.1-1 Amended OOC 3.Applicant Details a FirstNeme ROBERT b.Last Name MESSINA c.Organamon ORCHARDVB.LAGELLC d Mailing Address 44 GREAT POND DRIVE e.Cily/foaa BOXFORD f.State MA g.Zip Cade 01921 4.Property Owner a First Name b.Last Name Q Orguand n d Meift Address e.Chylro f.State g.Zip Cade 5.Project Location &Street Address 52 EMPIRE DRIVE(LOT 12) Ecityfrow NORTH ANDOVER c.Zip Code 01845 d Assessors MVTiatk MAP 107C C.Pamellutl 18.12 E Latitude 42.65427N &L-Ft de 71.10189W 6.Property recorded at the Registry of Deed for. a.County b.Certificate c.Book d.Page NORTHERN ESSEX 12556 AND 16163 7.Dates a Date NOI Filed:7119/2010 b.Daze Public Hearing Closed: 8/112010 c.Date Ofhmncc;82612010 8.Final Approved Plans and Other Documents a.Plan role: b.Plan Prepared by: r.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: NOTICE OF INTENT PLAN FORPHILIP G.CHRISTIANSEN, CHRrf1ANSEN& 52 EMPIRE DRIVE SERGLINC. E.E.AND MICHAEL G. August 13,2010 1�20' (LOT 12 ORCHARD SERGI,P.L.S. VILLAGE) Page 1 of 10'ELECTRONIC COPY Massachusetts Department of Environmental Protection Po`nded by M.DEP: MmDEPFde#:242-1490 Bureau of Resource Protection-Wetlands eDEP Transaction#330364 WPA Form 5-Order of Conditions City/fownNORTB ANDOVER LO Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 B.Findings I.Fiadings pursuant to the Massachusetts Wetlands Protection Act Following the review ofthethe above-refermced Notice oflntentand baud oethe information provided in this appsredon and presented aft public hearing this Commissionfinds t atthe areas mwhich work isproposed is significantode following interests of the Wed"SProtection Act. Check all that apply: b. r Land Cantairong Shellfish c.IF, Prevenlion of Pollution a. r Public Water Supply d. r Private Water Supply e. r Fisheries E r ProttainoofWtldlifeliabitut g, r Ground Water Supply It r Starm Damage Prevention i. F. Flood Control 2.Commissionber by fords the ProjeCL m proposed,is: Approved subjectto: a r The followingconditions which arenecessary in accordance with the perfommnce standards setforth in da wedands regulations. This Commission orders door all work stroll In performed in accordancewith the Notice oflntemreferenced above,0e following General Conditions,andanyotherspateconditions atmchedm this Order.To the asrand then no following c,rditirncs modifym differfran theplams,specifications,orothaproposais A*oiittedwith theNotice oflntent,base conditions shall central. Denied because: b.r The proposed work cannot be conditioned to meet the performance standerds set forth in thewetlandreguladons.Therefore, work on this project may not go forward unless and cast a new Notice of Intent is submitted which provides measures which are adequate to protect interests of de Act,and a fetal Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the she,the work or the effect ofthe work an the interests identified in the Wetlands Protection Act"herefore,work on this project may MA go forward unless and until a revised Notice of Intent is submitted which provides sufficient i derasson and Includes measures which are adoct ate to protect the interests of the Ad,and a fetal Order of Conditions is issued.A description of the pecifnc information which is lacking and why it Is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3 r Buffer Zone Impacts:Shortest distance between limit ofproject disturbance and the wedandreamnce 85 area specified in 310CMR10.02(I)(a). a linearfeet Inland Resource Area impaats:(For ApprovalsOnly): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. r Barrie a limron'fee[ b.Onearfat c.linearfrd d.livearfeet 5.r Bordering Vegetated Wetland a square feet b.square feet c.square feet TK fat 6. r Lend ander Waterbodies sed Waterways a square feet b.sgnarefeet c.square feet dsquare feet Page 2 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by Ma%DEP: Bureau of Resource Protection-Wetlands MassDE,,.,W:7R2 1490 3036 eDEP EPFilcdm#:330364 W0PA Form 5-Order of Conditions City/fown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 r e.c/y dredged f dy daeW 7.r Bordering Lend Subject to Flooding asquare—fed b.squarefeet c.square feet dsquare feet Cubic Fed Flom Storage embicfeet -.bided g.cubic fee[ h.cubcfed 8.r Isolated lam Subject to Flooding a square fee[ b.square feet Cubic Feet Flood Storage c.mbicfeet dmbicfal acubic feet fcubicfcet 9.r RivafbdaArea a trial sq.feet b.total sq.feel Sq ft widen 100 ft c.square feet d.Ip=feet e.square fed f.square feet Sq ft bdl 100-200 ft g.squarefeet hsquare fee[ i.square fee[ j.—W--- are Coastal Resource Are.trupacts: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10.r DadpatedPortAreas brdicate sbe under Land Underthe Ocem,below 11.r LandUnrldthe Orem a square fret b.square feet T dy dredged d.dy dredged 12.r Barrer Beaches Indicate size under Coastal Beaches andfor Coasted Dunes below 13.f Coastal Beaches a square fat b.square feet c.dY����d dy notuisimmt 14.r Coastal Dunes a square feet b.square fee[ c.dyrtoinislrrrreddrty notvislunmt m r Coastal Banks a linear fed b.linear fed 16.r Raky Intertidal Shores a square fed b.square feet 17.f Salt Marshes a square fect b.squarefed c.squarefed d.squvefat 18.r Lam Under Salt Ponds a square fee[ b.square fee[ c.dy dredged d dy dredged Page 3 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP. -1490 eDFp TrPFocnion :33036 Bureau of Resource Protection-Wetlands Mass Ttaasae ion#:330364 0 WPA Form 5-Order of Conditions CitytrovorNORTHANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 19.n Land Casakdng Shellfish a af.feel b.squarefat esgnare fed TN—feel holmele she under Coastal Banks,inlandBamc,LandUnduthe 20.Fl Fish fauns Ocean,andNor intend Lard Under Waterbodies and Waterways, above c.dy dredged d dy dredged 21.r Land Subject to Coastal Storm Flowage a.square fed bsquare feet 22. r Restornion/Enjamcement(For Approvals Only) Iffim project is for the purpose ofrestoringor enhancing awethral resource area in addition to the acla a footage that has been entered in Section B.S.c&d or B.17.c&d above,please entered the additional amoumhere. a square fed ofBV W b.square fee[of Salt Marsh 23. F Streams Crossing(s) If da,projectimches Stream Crossings,please emer the number ofrew sbeun crossing4mvnba ofrepl-cementsarcasm,crossings antmtberm.stnesell—ergs b.nunberofreplacanentstressaft—ngs C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable M Approved projects 1. Failure m comply with of coMifionsstated inrein,and wih all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Osler does not grant any property rights or my eaclusiveprivileges;it does nat authoriazmy injury to Private Property or invasion ofprivate righ¢ 3. This Order does act relieve the penninee or any other person ofthe necessity ofcomplying with all other applicable federal, $tate,or local statutes,ordinances,bylaws,or regulations 4. the work authorieedhereunder shell be completed within duee years from the dateofdris orderuulecs enter offiefollowing 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 mare than three years,hot less firm five years,from the date of issramm.ifdtis Order is intended to be valid far no a then three years,the extension dace and the special circ msmaces warranting the aslended time period are set forth as special condition in this Oder. 5. This Order may be extended by the issuingauNorhy for one or more periods atop to three yens each upon application tothe issuing authority m least 30 days prior to the expiration date m the Order. 6. Ifthis Order commodes an Amended Order of Conditions,thisAmerded Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with tris project shall be clean fill.Any fill shall contain no bash,rcfusS mbbW or debris,including ben not limited to lumber,bricks,plaster,wire,lafi,paper,cardboard,pipe,tires,ashres,refrigerators,motor vehicles,or parts of any offie foregoing. B. This Order is act from until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 10'ELECTRONIC COPY LOMassachusetts Department of Environmental Protection Provided by M—DEP: Burea ,DEPTr Ffie#:7A2-1490 WPA of Resource Protection-Wetlands eDEPTmnsaORTH:ANDO WPA Form 5-Order of Conditions City/Cown:NORTH ANDOVER Ma mebusetls Wetlands Protection Act M.G.L.c. 131,§40 until oil proceedings before theDepatmrent have been completed. 9. No work shall be undertaken until the Order has become final and than has been recorded in the Registry of Deeds or the land Court for the district in which the land is located,with.the chain of fide of the affected property.In the case ofreocaded land the Find Order shall also be noted W theRegistrys Ocular I dex ander 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 uponwhichthe proposed work is done.The recording information shall be submitted to the Conservation Commission anthe form at the card of this Order,which from roust be stamped by the Registry of Deeds Prior in the commancement of work.. 10. A sign shall be displayed at the site not has thentwo squarefeet or more tbanaua square feet in size hearing the words, "Massachusetts Department of Environmental Protected' [or'MassDEP"1 File Number:"242-1490" 11. When the Oepaz4nent of Environmental Protection is requested To issue a Superseding Order,the Conservation Commission shall be aparty to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the wok described herein,the applicant shell subndt a Request far Certificate ofCompliance(WPAFam SA)to the Conservation Conrhdssian. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any charge tothe plans identified in Condition#13 above shall requite the application inquire ofthe Conservation Grammatical in writing whether the change is significant enough to require the filing of a new Notice of Intent 15, The Aging acme chefs of the Conservation Commission and the Department ofEnvhonmProtection shall Protecshall have the tight to enter ,and inspect the area objectto this Order at reasonable hours to evaluate compEance with to conditions stated in this Order,and may require the submitral ofmy data deerrtednecessary by the Conscrvatton Commission or Department for that evaluelion 16. This Order of Conditions shall apply to any socce,,,tin interest or successor in control of the property subject in tiffs Order and to any conaactror other person perfuming workconditiuhed by this Order. 17. Prior to the start of work,and if the project involves work adjacent a a Bordering Vegetated Welland the boundary of the wetland in the vicinity of the proposed wok area shell be marked by wooden stakes reflagging.Once in place,the weland boundary markers shall be madrommed until a Certificate of Compliance has been issued by the Coacervation Commission. 18. All adunentstion barriers shall be maidoned in good repair until all disavLed areas have been fully stabilized with vegetation u othameans.At nodme shell sediments be deposited in a wedrd orworst body.During construction,the applicant Or his/her designee shall inspect die erosion controls on adaily basis and shall remove accumulated sediments as needed.The applicant shall immediatelycontrol any erosion problems that omvatthe sae and shall also immediately,notify the Conservation Commission,which reserves the right to require additional erosion ardVordamage porn arionamirols it may deem necessary. Sedimentation barriers stall save as the limit of work wiless another Writ of work line hes been opprovedby&a Order. NOTICE OF STORMWATER CONTROL AND MAMI MANCE REQUIREMENTS 19. The workassociated with this Order(tihe"Projec")is(1) r isnot(2)f•subject to the Massachusetts Stomrwater Standards Ifthe wok is subject in Su rmwater Standards,then the Project is subject to the following conditions: a) All work,including site preparatim land dislmhence,conswction and redevelopinmS shell be imPlemenad in acrordamce with the causwction period pollution prevention and mosian and sedimentation control plan and,if applicable,the Stumwffin'Pollution Prevention Plan required by the Normal Pullman,Discharge Elimination System Construction General Permit as required by Stormwae Standard 8.Construction period erosion,ser imenadon and pollutian control measures and bearmmagenent practices(BMPs)shill remain in Place mWthe site o fully stabilized. b) No stomwater runoB'may be discharged to the Post-construction simorro ter BMPs uNess and mail a Registered Professional Engineer provides a Certification that L all construction period BMPs have been unnerved or will be removed by a date certain specified in the Certification Far any communion period BMPs intended to be converted W post construction operation for mearwater attemem ,recharge,andloreanment,the conversion is allowed by the MassDEP Stamwater Page 5 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau ofitsotnce Protection-Wetlands DEPTPFilem#:31490 eDEP Twat NOR`p#:330364 0 WPA Form 5-Order of Conditions ciry/1'nwn:xoRTTTANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ha tbodcBMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, mcludingmanovsl ofall COn-mutation period sedrsenthapped is Wet and oudetcoabol structures;il.as-built final construction BMPplas are included,signed and stamped by aRegisteredprofessional Engineer,certifying the site is fully stabilized;iii. my illicildiscbages mihe stormwarermenagemenl syslanhave been removed,as perthe requirements ofStormwater Standard 10;iv.all post-consauction sronnwaferBMPs are handled in accordance withthe plars(mcludingall planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working corditiou v.my vegetation associated with post-consm sdaa BMPs is suitably established widsmM erosion c) The landowner is responsible for BMP maintenance until the ismingaatharity is notified then mother parry has legally assumed responsibility for BMP maintaance.Prior to requesting a Certificate ofComplsTIM or Partial Certificas ofCmV"wm,the responsible party(defunct in General Condition 19(e))shall execute and submit to the issuing anihoriry an Operation and Maintenance Compliance StatanmtC'O&.M Statement")for the StomnwaterRMI s identifying the party responsible for implemerdng the smanwater BMP Operation and Maintenance plan(-,O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt ofthe Certificate ofCcor lance,and ii.)the from,responsible parties shall be notified in writing oftheiongoinglegal responsibility to operate and mairainthe stonnwata management BhVs and implement the Smarawater Pollution Prevention Plan. d) Post-consmefionpollution prevention and source coned shall be implemented in accodance,with the long-tam pollution prevention plan section ofthe approved StonnwaterReport and,ifapplicable,the Stomnwater Pollution Prevention Plan required by the National Pollutant Discimge Elimination System Multi-Sector General Permit e) Unless and until mother party acoPs responsibility,the landowner,a ownerofany drainage easemel,ascones responsibility for mainra ro ng each BMP.To ovacanethis presumption,the landowner ofthe property most submit tothe issuing aualority a legally binding agreement ofmoord,acceptable to the issuing authority,evidencing that anoder army has accepted resporaibiltry fa maintsmangthe BMP,and that the proposed responsible party shall be treated as apwminee for purposes of implementing the requirements of Conditions 19(t)through 19(k)with respect to that BMP.Any failure ofthe proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BW shall be awolation of the Order of Conditions or Certificate ofComplan=In the case ofsmrmwaterBMPsdoor are serving more than one lot,the legally binding agreement shell also identify Ore lots do will be serviced by the stormwater BMPs.A plan and easement deed that grams the responsible parry access to perform the required operation and mandenance most be submitted along with the lolly binding agreement t) The responsible party shall operate and maintain all smmn menBMPs m accordance with the design plans,the O&M Plan, and the requirements ofthe Messmhnsens Stamwener Handbook I) Theresporsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, mairieance md/ar replacement ofthe swmnwater management system or MY pan thereof,and disposal(for disposal the log shall indicate the type ofmaterial and the disposal location); 2.Make the maintenance log available InMossDEP and the Conservation CmimMon("Commission")upon request;and 3.Allow members and agents ofihe MassDEP and the Commission to enter and inspect the site to evaluate and connote flus the responsible party is in compliance with the requirements far each BMP established in the O&M Plan approved by the issuing aahntity. h) All sediment or other comearanans removed from smrmwaterBMPs shall be disposed ofin aawdance with all applicable federal,sate,and local laws and regulations 0 Illicit discharges to the management system as defined in 310 CAdR 10.04 are prohibited. j) The samrnamrmanagement system approved in the order ofCondidms shall rot be changed without the prior written approval ofthe issuing authority. k) Areas designated as qualifying pervious focus for the purpose ofthe Low Impact Site Design Credit(as defied in the MasDEP Smorrwuter Handbook.Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall act be altered without the pint written approval of the issuing autlerity. h Access for maintenance,repair,and/or replacement of BMPs shall nal withheld.Any fencing contacted around Page 6 of 10'ELECTRONIC COPY Massachusetts Department of Environmental Protection Pmvidedby M—DEP: eDEP T smacd 242-1490 Bureau ofResomce Protection-Wetlands Mm TPFile#242-3036M1 0 WPA Form 5-Order of Conditions CYty/rown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 stonnwua BMPs shall include ecceas gsres and shell be at Icaa lix inchcs above Bede to allow for wildlife passage. Special Conditions: SEE ATTACHED Page 7 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by hlsssDP.P: Bureau of Resource Protection-Wetlands MassDEP -1490 eDEPTaFactile ion :33036 eDEP Transection#:ANDD 0 WPA Form 5-Order of Conditions CSIy/I'mvn:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 D. Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The ^- - __ __CgIBMISsion beret y(chrrk mgt that annliesY a rDEMES thepmposed work which cannot be conditionedto mwtthe standards set forth in amunicipal ordinance or bylaw aped8oally: 1.Municipal Ordinance mBylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of h*m is submitted which provides measoas whichare adequate w meet g�m standards,and afmd OrderorCmditiom is issued Which are necessary to comply with a mmticipal ordossoce or bylaw: b. r APPROVES the pmpomdwork subjectm the following additional conditions. TOWN OF NORTH ANDOVER (PORTIONS NOT I.Muoicipel Ordinance m Bylaw WAIVFDBYTHE 2.Cilation CHAPTE.R178 ZONING BOARD OF APPEALS TINDER CHAPTER 40B) 3. The Commission ardmthat all work shall be performed in accordance with the followingcondifions andwiththeNotice of Intmtreferenced above.To the astern and the followmgocrditiorn modify or dill"frum the plans,spcei8cations,mother proposals submiaulwiththeNctice oflntent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Resource Protection -Wetlands so F MasaDE WPA Form 5 — Order of Conditions MaseDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover Cayrrown E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. S This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. 4 Signatures: �-- Rc.ai-fj- --L, Q V,cctl-u, L.2 9E E ❑ by hand delivery on 2-Sy certified mail, return receipt requested on requested on Date Data I� F. Appeals The applicant,the owner,any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate fling fee and a completed Request of 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 sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations(310 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. wpermms dw. rev.oa 10 Pepe 11 a12 DEP FILE#242-1490 Therefore,the North Andover Conservation Commission(hereafter the"NACU)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:The construction of a new single family home, porous pavement driveway,walkway and utility services with appurtenant site work and grading portions of which are within 100 feet of a bordering vegetated wetland. 21.The work shall conform to the following: Applicant: Robert Messina Orchard Village LLC 44 Great Pond Drive Boxford, MA 01921 Notice of Intent filed by: Philip Christiansen Christiansen&Sergi, Inc. 160 Summer Street Haverhill,MA 01830 Dated: 7/15/2010 Site Plans prepared by: Christiansen&Sergi,hu. 160 Summer Street Haverhill, MA 01830 Titled: Notice of Intent Plan For 52 Empire Drive(Lot 12 Orchard Village) Dated:July 15,2010 Revised: 8/13/10 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. 242-1490,52 Empire Drive OOC.doc l NACC 8/262010 DEP FILE#242- 1490 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(301 prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North Andover Wetland Regulations). 29.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30.Where the Department of Environmental Protection(DEP)is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BV W) and Inland Bank. These resource areas are 212-1490,52 Empim Drive OOC.dm 2 NACC8n&2010 DEP FILE#242-1490 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 wetland resource areas on the site as shown on the plan dated and referenced herein were confirmed in an Abbreviated Notice of Resource Area Delineation (ANRAD)issued on 5/23/2008. 34. This Order of Conditions (OOC)is issued in addition to DEP File#242-1459 which permitted roadway,infrastructure,wetland and buffer zone mitigation and soils remediation.The applicant is obligated to comply with those aspects of DEP File#242- 1459 that apply to the subject property. 35. 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 an average twenty five foot(25') No-Disturbance Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw 36.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 permitted work are fully aware of the permits 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. 37. The owners of the project and thew 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 damage or any other form of water damage. PRIOR TO CONSTRUCTION 38. 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. 39.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 242-1490,52 Empire Drive OOC.dm 3 NACC 8Y26(2010 DEP FILE#242- 1490 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. 40. 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 242-1490." 41. AU 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. 42. 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. 43.Prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a detailed sequence of construction,including installation of sedimentation/erosion control devices and all stages of construction(including dates) from lot clearing to final site stabilization. Approval of the construction sequence is required prior to construction. 44.Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible 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. 242-1490,52 Empire Drive 00CAm 4 NACC 8/262010 DEP FILE#242 -1490 45. A row of staked hay bales backed by trenched siltation fence or other approved erosion control barrier shall 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 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. 46.The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 5 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and 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. 48.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. 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. 49. 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 242-1490,52 Empire Drive 00CAm 5 NACC 8262010 DEP FILE 9 242-1490 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 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 1/2" inch of rain or greater(24 hour event)to ensure that soils remain stable,and erosion controls are adequate and secure. 50.Prior to the commencement of any work on site,a Registered Land Surveyor(R.L.S.) shall stake the foundation corners of the SFH. These measurements will be verified in the field during the pre-construction meeting. 51.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. 52.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 permitted work are fully aware of the pennies 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 53.There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post 242-1490,52 Empire Drive OOC.doc 6 NACC 06/2010 DEP FILE#242- 1490 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. 54.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. 55.The porous pavement driveway shall be maintained as necessary in perpetuity as required by the OOC DEP File #242-1459. A deed restriction is required on Lots#1-16 per Condition#38 of DEP File#242-1459. DURING CONSTRUCTION 56. Upon beginning work,the applicant shall submit written monthly progress reports 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. 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58.The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and/ or habitat do not occur. 59.Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.) which accurately depicts the foundation location and ifs proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 60. A crushed stone construction entrance shall be installed to minimize soil/ material tracking onto Empire Drive. All construction vehicles must access the site through the construction entrance.This entrance shall be reinforced as necessary.Erosion control shall be maintained along the edge of roadway as detailed on the herein referenced plans until the lot is stabilized. 61. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary.The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 62. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to NACC 8/26/2010 242-1490,52 Empire Drive OOC.doc DEP FILE#242- 1490 de-watering is occurring and until this section is complete. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If 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. 63. 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. 64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,or loamed,seeded and mulched with straw or other approved stabilization method. All disturbed areas must be graded,loamed and seeded prior to November 1s/of each year. Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with erosion control matting or other approved stabilization measure 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 by means approved by the NACC. 65. 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. 66. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 67.Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas approved in DEP File#242-1459. Further,due to the existing grade on the site,any approved temporary stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils to the resource area. 68.Washings from concrete trucks, or surplus concrete,shall not be directed to any drainage system or wetland resource area. All truck washing shall be done in compliance with the measures approved under DEP File #242-1459. 69. 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 durripsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 212-1490,52 Empire Drive ODC.doc 8 NACC 8/262010 DEP FILE#242- 1490 70. 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 71. 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 Towns Wetland protection ByLaw. 72. 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 thisproperty. Order of Conditions and shall run with the title of the roertThis condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 73.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. 74.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. 75. 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 andproperty. understood the recorded Order of Conditions prior to purchasing their roP er 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 242-1090,52 Empire Drive OOC.dac 9 NACC 8/262010 • DEP FILE#242 - 1490 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 stonnwater 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. ➢ 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. ➢ The delineated wetland line. 76.The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ An average 25' No-Disturbance Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP#242-1459. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4(page 15) 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; ➢ Maintenance of Porous Pavement Driveway (Condition#55) ➢ Discharge or spillage of pollutants(Condition#70); ➢ Prohibition of underground fuels(Condition#71); 242-1490,52 Empire Drive OOC.doc to Nnccsn�zmo DEP FILE#242-1490 ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Condition #72). NACC MOM242-1490,52 Empire Drive DDC.doc •DEP FILE#242 - 1490 APPENDIX A-AFFIDAVIT 4 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 or NACC 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. J$ 4. I hereby affirm and acknowledge that on this_day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19_. (Signature-authorized agent of applicant or owner) 242-1490,52 Empire Drive OOC.doc 12 NACC 826/2010 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: EJWPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1490 Provicte-by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Orchard Village LLC only the tab key N e to move your 277 Washington Street cursor-do not use the return M., 9 Address key. Groveland MA 01834 wn State Zip Coda This 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions Vi issued to: Orchard Village LLC Ne e August28 2010 242-1490 Dated DEP File Number 3. The project site is located at: 52 Empire Drive(Lot 12) North Andover shalt Address cbyrrown Map 107C Parcel 125 Asseasore MaP/Plat NumberParceVLot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Onner(if dieerenq Essex North Registry Land Court county 101- 580 Book Page Certify 4. A site inspection was made in the presence of the applicant,or the applicant's agent, on: 12112112 Date ..wvmaeeoc.�.wsaos WPA Form BB,CaNgrs�e o�Compllarce�Page 1 IN 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1490 P-1ded by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 76 C. Authorization Issued by: North Andover a y,; Conservabon Commission Date of laa ance This Certificate must be signed by a majority of the Conservation Commission and a copy sen[to the applicant and appropriate DEP Regional Office(See hti��dwww mass co P1abouVrecionffntivour htm). Signatures: WPN Fmn Be,CMIAWe gGnpprce.Pp2q J ElMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fila Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1411 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 cover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 52 Empire Drive(Lot 12) 242-1490 -.j L.m. DEP File Number Has been recorded at the Registry of Deeds of: Essex North county for Orchard Ullace LLC Property Omer 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: Doarment Number —Sl�ifBluR drAPp�tanT--__ _ —— .ymmeb.da•,.�,.rinaos MAF..CwtMrab W CwnWarm.PVa 3 d3 Massachusetts 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 A. General Information Important: When filling out From: forms on the North Andover computer,use Conservation Commission only the tab key to move TO: Applicant your cursor- Property Owner(if different from applicant): do not use the Orchard Village LLC return key. Nema Name 44 Great Pond Road i0 Meiling Address Meiling Atldreas Boxford MA 01927 6A Cdyrrown State Zip Code cityrrown state Zip code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Site Plan for RDA for 52 Empire Drive(Lot 12) June 29 2010 Title Data T e Date Ttle Date 2. Date Request Filed: July 1 2010 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Project includes construciton of a single-family dwelling, deck, porch, and porous pavement driveway with associated grading, utilities and landscaping portions of which are within the Buffer Zone to Bordering Vegetated Wetland and Inland Bank Project Location: 52 Empire Drive(Lot 12) North Andover Street Address Cay?own Map 107C Parcel 18.12 Aasessore MaprPlat Number pa-yLot Number wemma.mc.o.ie„nwuan a4o14-n..roses P'.I M5 Massachusetts 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.) The following Determination(s)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 Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e.,Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area.Therefore, said work requires the filing of a Notice of Intent. ® 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plans)and document(s)is subject to review and approval by: Name w Municipality Pursuant to the following municipal wetland ordinance or bylaw: Nema Ordinance or Bylaw Cdation ,.ydor.,z Bac.odem,i I.nd ro11..bhy ,er.forma P.q.ems Massachusetts 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 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 plans) 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. wpaMm2.dcc-DetarmindlondAppllce JVl v.JMJfi Pepe3d5 Massachusetts 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.) ❑ 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: Fxempl Activity(siteapplicable slatuoi ry/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Nama of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Orainanca or Bylaw Citation C. Authorization This,Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Q'by certified mail, return receipt requested on 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 httv www mass cov/deotaboiit/region findvour htm)and the property owner(if different from the applicant). Signatures: 7/�sl,o Data / uph 2ea.De inawdnyW®bury•�1a Papelde Massachusetts 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 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see http:. www mass gov/dIligo/abouVregion.findvour.htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form (see 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 Determination.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. The request shall state clearly and concisely the objections to the Determination which is being appealed.To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. waf-2 do DMeninabon aaygicaeioyrev.iw5ma Pa,5 d5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use only the tab Name key to move Your cursor- Mailing Atltlress do not use the return nkey, Cnyrtown -�Y Stale ZiV Code Phone Number Fax Number(rf applicable) Project Location ne. Mailing Adtlress Cityliown State 2. Applicant(as shown on Notice of Intent(Form 3),cebiAbbreviated Notice of Resource Area Del nTIP ee on (Form 4A); or Request for Determination ofApplility(Farm 1)): Name Mailing Address Clty/rown Stela Zip Cotle Phone Number Fez Number(If applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures;$200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 W Wu'm2dx•Regwalfa D�aemeMelgctim Fee Traumiue F.-rw,tafl2'I Pqe 1 ort Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 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 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 rt Order by certified mail or hand delivery to the appropriate DEP Regional Office(see http//www mass aov/deo/abouVreoion/findvour 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. weiamz.are•q.qx+rrorueoe'�wi+iwsmceerm.mm.i ram.rev.iaema Pie 02