HomeMy WebLinkAboutMiscellaneous - 58 EMPIRE DRIVE Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 813 — Certificate of Compliance 242-1489
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided byDEP
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 Name
to move your 277 Washington Street
cursor-do not
use the return Mailing Address
key. Groveland MA 01834
c yrroan, state zip code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
CondOrchard Vions issued to:
Orchard Village LLC
"^ Name
September 14 2010 242-1489
Dated DEP File Number
3. The project site is located at:
58 Empire Drive(Lot 13) North Andover
Street Address Cityrroom
Map 107C Parcel 128
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner('rf tlifrerent)
Essex North North Regis�Land Court
County Book Page
101, 547
Certificate
4. A site inspection was made in the presence of the applicant,or the applicant's agent,
on:
12/12/12
Date
xyWmd�Ooc•m.1Y[3.L4t KAFam 813,Cedfi &Laryliemy•Fp 103
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1489
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced.The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
79
C. Authorization
Issued by:
North Andover p yy /a
Conservetwn-C—mesion Dare of Is
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
hh,t i2 /Lh w mass oov/deo/about/reoiontfindvour htm).
Signatures:
r
' gym' WPA Fa Ba,Cealfirsb W Ca 119r Page]d3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number:
WPA Form 8B — Certificate of Compliance 242-1489
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible forensuring 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:
58 Empire Drive 242-1489
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for.
Orchard Village LLC
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 Numlrer
71PPNunT
"w� •�'t� WPA Fo, SB,Cetifimle W Cwnpllanc •Pape 3IN3
Massachusetts Department of Environmental Protection Provided by MwDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9:242-1489
WPA Form 5-Order of Conditions eDEP I'a"purnie 3RTH A
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
NDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F✓ DOC b.r- Amended DOC
3.Applicant Details
a FbstName ROBERT b.Last Name MESSINA
a Organiratm ORCHARD VILLAGE LLC
d Mailing Address 44 GREATPOND DRIVE
e.Cityl1'own BOXFORD f.State MA g.Zip Code 01921
4.Property Owner
a.First Name b.Last Name
e Orgaoitroon
d.Mailing Address
e.Clty/I'own f Sate g,Zip Code
5.Project Location
a.Sovet Address 58 EMPIRE DRIVE(LOT 13)
b.City/Ibwn NORTH ANDOVER c.Zip Code 01845
d.Assessors MapPlat# 107C c.Parcel/LoW 18.3
f Latitude 42.65426N g.Longitude 71.10234W
6.Property recorded at the Registry of Dead for:
a.County b.Certificate c.Bonk d.Page
NORTHERN ESSEX 12556 AND 16163
7.Dates
a Date NOl Filed:7/19/2010 b.Date Public Hearing Closed: 8/252010 a Date Of Issuance: 9/14/2010
8.Final Approved Plans and Other Documents
A.Plea Title: b.Plan Prepared by: o Plan Signed/Stamped by: d:Revised Final Data: e.Scale:
NOTICE OF PHILIP G.CHRISTIANSEN,
INTENT PLAN FOR CHRISTIANSEN& P.E.AND MICHAEL I SERGI,08-14-2010 1'=20'
58 EMPIRE DRIVE SERGI,INC. PLS
B. Findings
LFindings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10'ELECTRONIC COPY
L3Massachusetts Department of Environmental Protection Provided by MasaDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1489
WPA Form 5-Order of Conditions eDEP Transadmail 334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Pown:NORTH ANDOVER
Following the review of the the above-mildowed Notice ofIndent and based m We infonnationprovided in this application and
presented at the public heanng,do Commission finds that the areas in which work is proposed is significant in the following interests of
the Wetlands Protection Act.
Check all that apply:
a. r Public Water Supply b. r IandContainng Shellfish o.F Prevention of Pollution _
d. F PrivateWater Supply e. F Fisheries f. F Pmtectiourr Wildkfe Babint
g. F Ground Water Supply h. r Stomr Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subjeato:
a.rThe followingcenditiona which a renecessarymaccordancewiththeperfon mstandards setforth mthewolandsregulations.
This Comndssim orders drat all work shill be performed la accordancewith the Notice oflntentreferenced above,the following
General Conditions,and anry other special conditions a0edualio this Order.To the extern that the following conditions modify m
differfrom dreplans,specifications,orotherproposals submit[edwiththe NoticeofIntent,theseconditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to mcet the performance standards set forth in the Wetland regulations.Therefore,
work m dds project may not go forward unless and until anew Notice of larval is submitted which provides measures which ane
adequate to protect interests of the Act,and a find 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 site,the work or the effect of the work on the iisteresm
identified m the Wetlands Protection Ade Therefore,work on this project may not go forwardunleas and until a revised Notice of
Intent is submitted which provides sufficient information and includes measmxswhich are adequate to protect the words of the
Act,and a Cala 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).
3.F Buffer Zone Impacis:Shonestdistance between limitofprojectdiaubanceandthewedandresamce 20
area specified in 310CMRIo02(l)(a). a linear feet
Inland Resource Area Imp id:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBank
alinearfed b.lmearfat c.0nemfeet dImes,fot
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d square feet
6. r land under Waterbodies and Waterways
a.sgaa fat b.square feet c.square feet d.square,feet
e.c/y dredged L dy dredged
7.r Bordering Lard Subjat to Flooding
a aquae feet b.square feet c.square feet d square feet
Page 2 of 10"ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MmDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1489
WPA Form 5-Order of Conditions eDEPTmnsacuaik.334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f cubic fat g.cubic fat h.cubic feet
8.r Isolated Land Subject to Flooding
a.squaze fat b.square fat
Cubic Fat Flood Storage
c.cubic fat d cubic feet e.cubic feet E cubic feet
9.r RocrfiorsArea
a total sq.feet E total sq.fat
Sq Itwiddn 100 It
c.square feet d square feet e.square feet f.square feet
Sq ft between 100-200 it
g.square feet h square feet i.square fee[ j.square feet
Coastal Resource Area tmpach:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.C Designated PortAreas Indicate sin under Land Under the Ocean,below
11.r LandUnder the Octan
a square feet b.square feet
c.cly dredged d Gy dredged
12.r BanierBeaches Indicate size wderCwstal Beaches and/or Coastal Durres below
13.r Coastal Beaches
a square feet b.square fed 7;y- islet d clynoumhmmt
14.r Coe"Dunes
a square feet b.square feet c.cly ncinfsbmeat d cly mmislresent
15.r Coastal Banks
ail =feet b.linearfeet
16.r Rocky Intertidal Shores
a square feet b.square feet
17.rSalt Musbes
W square feet b.square feet c.square feet d square feet
18.17- Land Under Salt Ponds
e.square feet b.square fat
C.cly dredged d Gy dredged
19.r IandComaiang swrlish
a square feet b.square feet c.square feet d square fat
Page 3 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#272-1489
WPA Farm 5-Order of Conditions eDEP Transaction#:334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C5ty/fown:NORTHANDOVER
Indicate size under Coastal Banks,inland Batik,Land Under the
20.f Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
a Gy dredged d cly dredged
21.r Land Subject to Coastal Storm Flowage
a square fee[ b.square fret
22.
r Restomtion/Enhancement(For Approvals Only)
Iftheproject is for the purpose oreturning in enhancing a wetland resource ams in addition to the square footage that has been
entered in Section B.5.c&d or B.1 To&it above,please entered the additional amount hem.
a.square feet ofBV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
Ifthe perfect involves Stream Cuteness,please enter the number ofnew stream crossings/number ofreplacement stream crossings.
a.number ofnew stream crossings b.number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Factum in comply with all conditions stated herein,and with all related sutura and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order dues not giant my property rights or my ,rclusive privileges;it does not authorize any injury to private property or
invasion ofptivate rights.
3. This Orris does not relieve the pemtiaee in any other person ofthe necessity ofcomplying with all other applicable federal,
state,or local amara,ordinances,bylaws,in regulations.
4. The work authorized hereunder shall be completed within rinse years from the data of this Order unless either ofthe 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 done years,but less than five
years,from the date ofissuance.Ifthis Order is intended to be valid for mom data three years,the
extension date and the special circumstances warranting the exmodedtime 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 ofup to three years each upon application to the
issuing authority at least 30 days prior in the expiration data ofthe Order.
6. Ifthis Order constimta an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date ofthe original Final Order ofCotditions.
7. Any fill used in connection with this project shill be clean fill.Any fill shall contain no hash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tines,asbcs,refrigerators,momrvehicles,or parts of
any ofthe foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,orifsuch an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain oftide ofthe affected property.In the case ofmcorded land,
Page 4 of 10'ELECTRONIC COPY
LAMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1489
WPA Form 5-Order of Conditions eDEP Transaction#:334451
Massachusetts Wetlands Protection Act M.G.L.a 131,§40 Cayfrown:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index water the name of the Owner ofthe 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 ofthe land upon which the proposed work is done.The recmdmg information shall be submiaed
W the Cmrsavation Commission on the form at the end of this Order,which torn must be stumped by the Registry of Deeds,
prim to the commencement of work.,
10. A sign shall be displayed athe site not less than two square feet or more than Uvee square feet in size bearing the words,
Massachusetts Department ofEnvimmnental Protection"
[or'MmsDEP"]
File Number."242-1489"
Il. Whets the Department of Environmental Protection is requested to issue a Superseding Order,the Conaeruation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described heroin,the applicant shall submit a Request far Certificate of Compliance(WPA Form
11A)to the Consercamon Commusslon.
13. The work shall conform to the plans and special condifions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicantto inquire of the ConservationConunis.don
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 in evaluate compliance with the conditions stand in this
Order,and may require the submittal of any data deenrednecessary by the Conservation Cormnission or Department far that
erduam`x
16. This Order of Conditions shall apply many successor in interest or successor in contol of the property subject to this Order and
W my connector or ad=person performing work conditioned by this Order.
17. Priorm the start of work,and if the project involves work adjacent to a Bordering Vegetated Weiland,the boundary of the
wedamd in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wedmd
boundary markers shall be maintained until a Catiflcam of Compliance has been issued by the Conservation Co nrriedon.
18. A1l sedmontationbmiers shall be outmanned in good repair=61 all disnnbedaneas have been fully stabilized with vegetation or
other means.At no time shall sWirnears be deposited in a wedardmwater body.During construction,the applicant orhis/her
designee shall impectthe 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 ofwokuless anotherlmut ofwok line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The workassociatedwith this Order(the'Pmject")is(1) r- isnot(2)F subjectm the Massachusetts Stormwater Standards.
If the work is subject to Slormwater Standards,then the proicais subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the const at ion period radiation prevention and erosion and sedimentation comnol plan said,if applicable,the
StommatcrPollution Prevention Plan required by the National Pollutant Discharge Elimination System Constr ction General
Permit as required by Stormwaur Standard 8.Construction period erosion,sedimentation and potation control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized
b) No smrmwarer nmoffmay be discharged m the post-construction stommvater BMPs mdess and until a Registered
Professional Engineer provides a Cenification dust I all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For my concoction period BMPs intended to be convened to post construction
operetioo for stormwater attenuation,recharge,an&"treatment,the conversion is allowed by theMas;DEP Stonmwater
Handbook BMP specifications and that the BMP has been properly cleared Or prepared for post construction operation,
including removal of all conduction period Sediment trapped in inlet and Ou ld control strameres;a.as-boilt fund construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fiilly stabilized;iii.
my illicit discharges to the stomnwater management system have beat removed,as per the requirements ofStormwater
Page 5 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection PmvidedbyMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1489
WPA Form 5-Order of Conditions eDEP Traa #:334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Csty/1'mm:NORTH ANDOVER
Standard 10;i,all post-constructor stormweterBMPs are installed in accoaduce with the plans(including all planting
plans)approved by the issuing authority,and have been inspected in ensure that they are not damaged and that they are in
Propaworkm9covdificevaryvegetationassaciaWvlithpost-constr mBMPsismitablyestablishedmwithstand
emem
c) The landowner is responsible for BMP mainterwMewtil the issuing authority is notified thatavotherparty has legaltyassumed
responsibilityforBMP rnaintenance.Priam requesting a Certificate ofCanplianw,orParfial Certificate ofCompliance,the
responsible party(defircd in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stmmwata BMPs identifying the party responsible for
implementing the stormwnerENT 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 of Complicates,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the manometer management BMPs and
implement the Stonmvater Pollution Prevention Plan.
d) Post-consbadon pollution prevention and source control shall be implemented in accordance with the long-tens pollution
prevention plan section ofthe approved StmmwatorReport and,if applicable,the Stomhwater Pollution Prevention Plan
requited by the National PollutantDisclhage Elimination System Mufti-Secour General Permit.
e) Unless and=fit another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this Presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable m the issuing authority,evidencing that another entry has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as aperrieve for
purposes of h Tlemeneng the requirements of Conditions 19(f)trough 19(k)witi respect to that BMP.Any faihme of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case ofsermwaterBMPs that=serving more
than one lot,the legally binding agreement shall also identify the lots tut will be serviced by the stnnmeater BMPs.Aplan and
easement deed tut grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
0 The responsible party shall operate and maintain all stamooter BhtPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible parry shall:
1.Maintain an operation and maineenaice log for the let it=(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stommater ma agemev[system or my part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Corusvation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter=it inspect the site m evaluate and ensure
the the responsible party is in completions with the requirements for each BMP established in the O&M Plan approved by
the issuing affieity.
h) All sediment or other centaminants removed from nomnwater BMPs shall be disposed of in accordance with all applicable
Metal,state,and local laws and regulations.
ii Illicit discharges m the smrmwater managemert systert as defined in 310 CMR 10.04 are prohibited
j) The stomhwstermanagement 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 most for the purpose of the Low Impact Site Design Credit m;defined in the
MasDEP Stommafer Handbook.Volume 3,Chapter 1,Low hapact Development Site Design Credits)shall act be altered
without the prior written approval ofthe issdng auhority.
D Access for mairaatance,repair,and/or replacement ofBMPa shall not be withheld.Any fencingconstructed around
extrawaterBMPs shall inches access gazes and shall be at least s&inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M=DEP:
Bureau of Resource Protection-Wetlands MwDEP File#:242-1489
WPA Form 5-Order of Conditions eDEP Transaction#:334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/foon:NORTH ANDOVER
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MmDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1489
WPA Form 5-Order of Conditions eDEPTmnsaction#:334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,$40 City/rown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hembv(cbeck one that appllgs),
a. r- DENTES 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
Therefore,work on this project may not go froward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate m meet these standards,and a final Order orCoMifions is issued Which are necessary to
complywidi a municipal ordinance a bylaw:
b. F APPROVES the proposedwork,subject to the following
additi®al conditions.
TOWN OF NORTH CHAPTER 178(PORTIONS
I.Municipal OrdirivrceorBylaw DOVER 2.0tation NOTWAIVEDBYTHE
ZBAUNDER40B)
3. The Commission orders met all work shall be performed in accordance with the following conditions andwith the Notice of
Intentreferencedabove.To the extent that the following candidate modify or differ from theplans,speci5®tions,mother
proposals submittodwith die Notice oflntenr,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 MassDFP:
Bureau of Resource Protection - Wetlands 242-1489
F
WPA Form 5 - Order of Conditions MeasDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTmmacuon#
North Andover
City?own
E. Signatures q 'l
This Order is valid for three years,unless otherwise specified as a special / �7
condition pursuant to General Conditions#4,from the date of issuance. t. to of` uarrce
Please indicate the number of members who will sign this form.
This Order must be signed by a majority ofthe Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail fretum 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,as the property owner, if different
from applicant.
Signatures:
❑ by hand delivery on 2J] by certified mail, return receipt
reques on
Date Dat,
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 filing 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 Department's 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.
xyYomvSaoc•..0A 010
Pepe 11 W t]
LOMassachusetts Department of Environmental Protection PmvidedbyMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1489
WPA Form 5-Order of Conditions eDEP Tmnssction#:334451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfrowmNORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds athe Land Court for the district in which the land is located,
within the chain offs le ofthe affected property.In the case ofrecorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name ofthe owner ofthe land subject m the Order.In the case ofregistered IaM,this Order shall also be
noted on die Land Cowt Cerificate of Title ofthe owner ofthe land subject to the Order ofConditio s.The recording information on
Us page shall be submitted tithe Conservation Commission 0sted below.
NORTH ANDOVER
Conservation Covwissioo
Detach on dotted lice,have stamped by the Regisayolneeds and submit to the Conservation Commission
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Cameraman,
Please be advised that the Order ofCondmons for the Project ar,
58 EMPIRE DRIVE(LOT 13) 242-1489
Project Location MmDEP File Number
Has been recorded at the Regisby of Deeds of
County Book Page
Inc.
Property Owner
and has been noted in the chain ofade of ie affected property m:
Book Page
In accordance with the Order of Conditions issued on:
Date
Iftecorded land,the instrument number identifying this transaction is:
Instrument Number
Ifregistered land,the document number identifying this transaction is:
Document Number
SignanaeofApplicant s...waolo
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242-1489
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;retaining wall,stone wall,and utility services with
appurtenant site work and grading within 100 feet of a Bordering Vegetated Wetland and
Bank of an Intermittent Stream.
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,Inc.
160 Summer Street .
Haverhill,MA 01830
Titled: Notice of Intent Plan For 58 Empire Drive(Lot 13
Orchard Village)
Dated:July 15,2010
Revised:8/14/10
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.
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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. Per Condition#35 of the OOC issued under DEP File#242-1459,buffer zone and wetland
restoration are required to mitigate for impacts on this lot and for other portions of the
work approved under DEP File#242-1459.Portions of this mitigation shall be required on
the herein referenced property (58 Empire Drive).
36. 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
37.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.
38. 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 damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
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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.
46. 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 and along the
edge of roadway. 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 Commissions request.
47. 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.
48. 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 NACCs
review and approval. This condition is issued under the authority of the local ByLaw.
49. 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
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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 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
55. 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
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.
56.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.
57.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
58. 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.
59. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
60. 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.
61. 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 it's proximity to wetland resource
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68. 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.
69.Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
70. 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.
71.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.
72. 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.
73. 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
74. 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.
75. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area.This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
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➢ Location of all subsurface utilities entering the property.
➢ The delineated wetland line.
79.The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
D 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;
➢ Resource Area Markers(Condition#51)
➢ Maintenance of Porous Pavement Driveway (Condition#57)
➢ Fencing and Stone Wall (Condition#63)
➢ Discharge or spillage of pollutants(Condition#73);
➢ Prohibition of underground fuels(Condition#74);
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Condition
#75).
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