HomeMy WebLinkAboutMiscellaneous - 63 EMPIRE DRIVE Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number:
WPA Form 8B — Certificate of Compliance 242-1486
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer,use Orchard Village, LLC
only the tab key Name
to move your 277 Washington Street
cursor-do not
use the return Meiling Address
key. Groveland MA 01834
Ckyrrmn state Zip Code
r 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Orchard Village, LLC
Name
August 28, 2010 242-1488
Dated DEP Fib Number
3. The project site is located at:
63 Empire Drive(Lot 23) North Andover
street Address Cey/rown
Map 107C Parcel/Lot#18.23
Assessors Map/Plat Number ParoellLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(Ndl ferent)
Essex North Doc#
County 101405 Page
certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent,
on:
7/27/11
Date
xytl PoEoc•m.1]/2dW WPA Fon 8B.Unifiww d Compliance-Pepet of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number.
WPA Form 8B — Certificate of Compliance 242-1488
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Conditions has lapsed and is therefore no longer valid.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:
74
C. Authorization
Issued by:
North Andover
conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
hftl)://www.mass.gov/deplabouVregion/findvour.htm).
Signatures: / /J
nahmab d—ray.12/2 WpA Fam BB,Cxtiae^ le dCcrtpfiawro•Pape 2M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242.1466
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registryof Deeds or the Land Courtfor the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To-------------.------------------------------------- ---------------------------------
North Andover
Conservation Commisebn
Please be advised that the Certificate of Compliance for the project at:
63 Empire Drive(Lot 23) 242-1488
Project Location DEP Fib 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 Number
Signature ofAppticant
cnsmm'aa'm.�� NPA r—80,CBMn .or Co "—r .Pape 3013
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: From:
When filling out
forms on the North Andover
computer, use Coneemation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Orchard Village LLC
return key. Name Name
di 44 Great Pond Road
Mailing Address Mailing Address
Boxford MA Zip 21
Co
Coxford State Zip Code CityRown Stale Zip Code
1. Tide and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Site Plan for RDA for 63 Empire Drive(Lot 23) June 29,2010
Tit-18 Date
mtie Date
Title 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):
Construction of a single-family dwelling and driveway with utility connections, associated grading and
landscaping within the Buffer Zone to Bordering Vegetated Wetland
Project Location:
63 Empire Drive(Lot 23) North Andover
Street Address Cityrro'an
Map 107C Parcel 18.23
Assessors Map/Plat Number Paroel/Lot Number
wpm 2.mc.oM—i,asm m401-61•rvv.iaaos vistas
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 plans) is an area subject to protection under the Act.
Removing,filling,dredging,or altering of the area requires the fling 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 plan(s)and document(s)is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw.
Name Ordinance or Bylaw Citation
v,A-2 mry 0e errr—i[0pMAprr1vavliry•,ev.ww,, rpe z as
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 plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department Work may then proceed
at the owners 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 fling 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.
Nya m2dx.oe�rmmamanave®bhty—.10 vw.aws
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:
Exempt Activity(site applicable stalualory/regulatory provisions)
❑ 6.The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Nam, Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on +V by certified mail, return receipt requested on
U t.S
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 htti)'//www.mass.00v/dep,—/�abouttmolon.findvour.htm and the
property owner(if different from the applicant).
Signatu s:
Q. v
. 2
Date T
wgdormxaoc•oe,ermmaoon dnpgmseinry•m.tnem urge a d5
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 htto//www.mass.gov/depLabout/region.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 stale 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.
wp&— doc.Deiemin w mrovi'wabdriy-,e•.Ioaw veyesms
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:
Whenout1 Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer,use Name
only the tab
key to move
your cursor-
Mailing Address
do not use the
return
n'key. Ckyrrown Stale Zip Code
�/flr I I Phone Number Fax Number if applicable)
FA Project Location
i+a
Mailing Address
Cilyyrown State ➢p Code
2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation
(Form 4A);or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
Cityrrown State Zip Code
Phone Number Fax Number(H 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
vgYmm],bx•R,.fw bep berrOA M.F.Traw .1 F.•rev.106wi Page oft
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 toren and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
htto://www.mass.goy/deo/about/reg ion/findvour.htm).
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.
w�-Ra Mro.ra.m,e Ww Fe.rWUFa -W..r� P. 2nz
Massachusetts Department of Environmental Protection Provided by MasDEP:
Bureau of Resource Protection-Wetlands MmDEPFBe#:242-1488
WPA Form 5-Order of Conditions eDEP Tmnsa m#330441
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cltyfro :NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a F OOC b.n Amended OOC
3.Applicant Details
a First Name ROBERT b.LanName MESSINA
Q Otganintion ORCHARDVIUAGELLC
d MailingAddrem 44GRFATPONDDRIVE
e.City/rown BOXFORD Estate MA g.Zip Code 01921
4.Property Owner
a FbUNamc b.Last Name
C.Organisfion
d.MailingAddress
e.City/fown f.State g-Zip Cede
5.Project Location
&Street Address 63 ENME DRIVE(LOT23)
b.City/rown NORTH ANDOVER a Zip Code 01845
d.Assessors Map/Plat#MAP 107C e.Pamel/LoW 18.23
I Latitude 42.65441N g.Lnngimde 71.10219W
6.Property recorded at the Registry of Deed for:
e.County b.Certlecare c.Book d.Page
NORTHERN ESSEX 12556 AND 16163
7.Dates
a.Doe NOI Filed:7/192010 b.Date Public Hearing Closed: 8111/2010 c.Date Of Issuance: 8/262010
8.17inal Approved Plans and Other Documents
a Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
NOTICE OF
INTENT PLAN FOR CHRITIANSEN& PHILIP G.CHRIS IANSEN,
63 EMPIRE DRIVE SERGIINC. P.E.AND MICHAEL G. 09/132010 1'=20'
,
(LOT23ORCHARD SERGI,P.L.S.
VILLAGE)
Page 1 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau normResource ProtectOrder
of Co Wetlands Ivd EP Tar sac km#:31488
LO
WPA Form 5-Order of Conditions eDEP r'a„se°d°na'33w41
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chyfrown:NORTH ANDOVER
B. Findings
].Findings pursuant to the Massachusetts Wetlands Protection Act
Followingtherwiewof the the above-referenced Notice of Intent andbased on the information provided inthis appl cationand
presarted atthepublic hearing Otis Commi caunfuslsttntthe areas inwhichwork ispropmsed is significmrttothefollowing interests of
the Wetlands Protection Act
Check all that apply:
a. r Public Water Supply b. r Land Containing Shellfish c.F, Prevermdonof'ollution
d. r Private Water Supply e. r Fisheries f r Protection afWildlifeHabited
g f+Ground Wmer Supply h. IF Skarn Damage Prevention L ri Flood Control
2.Oom ummohereby fmdsihe project,as proposed,is:
Approved subject to:
a r The following conditions which are necessary in accordance with the performauce standards set forh in the wetlands regulations
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attacked un this Order.To the extent that the following conditions modify or
diger from the plans specifications,or other proposals submitted with the Notice of Intent;these conditions shall con"I.
Denied because:
b.r The proposed work canna be conditioned to meet the Performance standards set forth in the wetland regulations.Therefore,
work on Us project my not go forward unless and until a new Notice oflot mit is submitted which provides measures which are
adequate to protect interests of the Act and a foal 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 infonnsdcm submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act Therefore,work on flus projcctmey not go forward unless andunfil a tweed Notice of
Intent is submitted which provides sufficient infoorcuum and includes measures which aro adequate he pmtectthe inner of the
Ad,and a foal 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 r Buffer Zone bnpacts:Shortest distance between limit ofpmject disturbance andthe wettand resource 60
area specified in 310CMRIO.O2(lxa). a lineerfeet
Inland Resource Area Impacts:(For Appmvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBank
a lkmem fee[ b.linear fat clinrar fee[ dlInen fat
5.n Bordering Vegetated Wetland
a square feet b.square fat C.square fact d.square feet
6. r Land under Waterbodies and Waterwsys
a square feet b.square fat c.square feet d.square feet
Page 2 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1488
WPA Form 5-Order of Conditions eDEP Transaction#:330441
LU Massachusetts Wetlands Protection Ac[M.G.L.c. 131,§40
City/fown:NORTH ANDOVER
e.dy dredged f dy dredged
7.r Bordering Land Subject to Flooding
a square feet b.square feet c.square fee[ d.square feet
Cubic Feet Flood Storage
e.cubic feel f.cubic feel &cubic feet h.cubic feet
8.F-Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Fed Flood Storage
e cubic feet d.cubic feet e.cubic feel fwbic fed
9.CI RivetfromArea
a total sq.feet b.total sq.feel
SgBwithin 100 It
c.square feet d.square feet e.square feet fsquare feet
Sq R between 100-200 it
g square feet h square feet i.square fat j.square feel
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Desigrad dPW Areas Indicate size under Land Under the Ocan,below
11.r Land Under the Ocean
a square feet b.square fat
c.c/y dredged d dy dredged
12.r Barrier Benches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.F-Coastal Beaches
a square feet b.square fat c dyrwaristment d c/y nourislnraa
14.F-Coastal Dunes
a square feet b.square feet c.dy nourishment d dy nwnislvnarwt
15.r.- Banks
a lirceazfcel b.linear fat
16.❑Rocky Intertidal Shores
a square feet bsquare fat
17.FI Salt Marshes
a square feet b.square feet c.square feet d.square fat
18.FI Land Under Salt Ponds
a square feet b.square feet
c.dy dredged d.c/y dredged
Page 3 of 10 a ELECTRONIC COPY.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEa Fileion#31488
,DE/�y1\ 30441
WPA Form 5-Order of Conditions Ckyt own NORTH
a'ANDO
City/1'own:NORTHAnlDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
19.r Land Containing Shellfish
a.square feet b.square feet c.square fee[ d.square feet
indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Rus Ocean,and/or Wand Land Under WaterWdies and Waterways,
above
a cty dredged d Gy dredged
21.r Land Subjectto Coastal Storm Flowage
a square feet b.square fat
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&it or B.17.c&d above,please entered the additional amount hem.
a square feet ofBV W b.square feet of SaltM-h
23.
r Streams Crossing(s)
lithe project involves Stream Crossings,please enter the number of new stream crossings/number ofreplacemem sheen crossings.
a nhunbaofcewstream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
I. Failure to comply with all conditions stated herein,and with all related stables and other regulatory measures,shall be deemed
cause in revoke ormodify this Order.
2. The Order does not giant my property rights wary exclusive privileges;it does not authorize my injury tc private property or
invasion of private rights.
3. Ibis Order does nor relieve the permittee or my other person ofme necessity of complying with all other applicable federal,
state,or local stamens,ordinances,bylaws,lir regulations
4. The work audbmized hereunder shall be completed within tueeyeas from the date oftus 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 hes been extended to a specked date more than dare years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more tan firrec,years the
extension date and the special circumstances warranting the extended time paled are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or mote periods of up to tuesyears each upon application to the
issuing authority a least 30 days prior to the expiration daze ofthe Order.
6. If this Orderconstitufes an Amended Order of Conditions,this Amended Order ofConditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connwtionwith this projectshall beclean fill.Any fill shall contain roirnsh,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,eadbuard,Pipe,tires,ashes,ref iForms,momrvehicles or parts of
any of the foregoing
8. Ibis Order is nor fund 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 MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1488
WPA Form 5-Order of Conditions eDEP Transaction#330441
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rowm:NORTH ANDOVER
until all proceedings before the Department have been completed
9. No work shall be undertaken hutihtihe Order has become fin al and then has been recorded in the Registry of Deeds cathe Land
Counfor the district in which the land is located,within the chain of title of(be affected property.In the rase of recorded land,
the Final Order shall also be noted in the Regintys Grentarindexwderthe time 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 lard Court
Certificate ofTite of the owner of the land upon which the proposed work is done The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form most be stamped by the Registry of Deeds,
prior t the commencement of work..
10. Asign shall be displayed a de,site not less then two,square feet or more thanthree squaw fat in size bearing the words,
"Massachusetts Department ofFnvirammental Protection"
[or'MassDEP'l
File Number::"242-1488"
11. Where the Department ofErwhoamentl Protection is requested to issue Superseding Order,the Conservation Commission
shell be aparty to all agency proceeding and hearings before Mass DEP.
12. Upon completion of the work described herein the applicant shall submit a Request for Certificate ofCompliance(WPAFarm
8A)t the Conservation Commission.
13. The work shall confxonto the plans and special conditiowreferenced in this order.
14. Any change inthe plea identified in Condition#13 above shall require the applicant 0 inquire of the Conservation Oxamnission
in writing whether the change is significant enough in require the filing of a new Notice of Intent
15. The Agent a members of the Conservation Commission and the Department of Environmental Protection shall have the rights
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stared in this
Order,and may require the submittal ofm y data deemed necessary by the Conservation Commission or Department fortlat
evaluation
16. This Order of Conditions shall apply to any successor in interest or successer in central of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent t a Bordering Vegetated Welland,the boundary of the
wetland in the vicinity of the proposed work area shall be resulted by wooden stakes or togging.Once in place,the well and
bonudaty,markers shall be maintained anti[a Certificate of Compliance has been issued by the Conservation Commission.
18. An sedimentation laniersshall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation
other means.At an time shall sediment be deposited in a wetland or water body.During construction the appsrantor his/her
desgae shall inspect the erosion controls on adaily basis and shat remove accumulated sediments as needed.The applicant
shall immediately cortol any erosion problems that occur at the site and shall also immediately notify the Comsservvabon
Commisslonn,which reserves the right in require additional erosion and/or damage prevention consols it may deem necessary.
Sedimentation barren;shall serve es the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)R subject to the Massachusetts Stmmwamr Standards.
If the work ta subjectto S ranvater Standards,then to project is subject to the following conditions;
a) All work including site preparation land disdubarrce,construction and redevelopment shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,ifapplicebl4 the
Stomrwater Pollution Prevention Plan reglad by the National Pollutant Discharge Elimination System Cuatructim General
Permit as required by Stomrwater Standard 8.Construction period erosion sedimentation and pollution control meaaaes and
best mamagement practices(BMPs)shall remain in place until the site's fully stabilind.
b) No stonnwarer nmoffmay,be discharged to the post-construction stomrwater BMPs unless and until a Registered
Professional Engineer provides aCertification that,i.all construction period BMPs have been removed orwill be removed by
a date certain specified in the Certification For any construction period BMPs intended m be converted to post construction
operation for stommwmer attenuation recharge,and/or seamnent,the conversion"lowed by the NT=DEP Stmmwacer
Page 5 of 10 0 ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau oorm5-Resource Protection-Wetlands MassDEP File Nn,#:3366
WPA Form 5-Order of Conditions eDPP Tmnsachw a.33o441
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Ibwn:NORTH ANDOVER
Handbook BMP specifications and that the BMP has bcenproperly cleaned or prepared forpost construction operation,
including removal ofall construction period sedimmthapped in inlet and outlet control structures;R.as-built final construction
BMP plans are included,signed and stamped by aReginered Professional Engineer,certifying the site is fully stabilized;iii
any illicit discharges to the s[ormwatermenrnganem system have beenremoved,as perthe requirements ofStormwater
Standard 10;iv.all post-construction AormwaterBMPs are installed in accordance with the plans(including all planting
plums)approved by the issuing authority,and have been inspected to ensure that they are netdanaged and that they are in
proper working candidate v.any vegetation associated with post.construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for 131,11'maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMPmeimarance.Print in requesting a Certificate of Compliance,or Partial Cenificme of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Smtemmt")for the SlmmwaterBMPs identifying the party responsible far
implementing the stomnware,BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:L)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future rr..po nsiblepaties
shall be notified in writing of their ongoing legal responabilicyto operate and maintain the srormxmtermanagementBMPS and
Implement the StormwaterPollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance withthe long-term pollution
pnentraimplan section of the approved Stoma aterReportand,if applicable,the Sweetwater PollutionPnevention Plan
required"c National Pointed nwhvgeElimindion System Mulfi-Sector General Peanit
e) Unless and wail another party accepts responsibility,the landowner,or owner of my drainage casement,assures
responsibility for maintaining each BMP.To overcame this pres r option,the landowner of the property must submit to the
issuingnuawrity a legally binding agreement oftecord,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BUT,and thatthe proposed responsible party shell be treated as apermaeefor
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect 0 that BMP.Any failure of the
proposed responsible party m implement the requirennents of Conditions 19(f)through 19(k)with respect that BMP shall
be aviolation ofthe Order of Conditions or Certificate of Compliance.In the case ofs[ormwazaBMPsthat are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stmmwffier BMPs.Aplan and
easement deed that grams the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
t) The responsible party shall operate and maintain all sarmwater BMPS in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stornwater Handbook
gl Therespomible party shall:
1.Maintain an operation and maintenance log for the last base(3)caasecutive calendar years of inspectiotq repairs,
maintenance and/or replacemeMofthe storenwater nnarmganem system err any pan thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available MassDEP and the Co aervatiwConunission("Commission')uponrequesti and
3.Allow members and agents of the MassDEP and the Commission to cater and inspect the site to evaluate and ensure
thin the responsible party is in compliance with therequiremenw for each BMP established in the O&M Plan approved by
the issuaga thoity.
Id All sediment or other contaminants removed from swrmwaerBMPs shall be disposed of in accordance with all applicable
fedual,state,and local laws and regulations.
) Illicit discharges to the storawater management system as defined in 310 CMR 10.04 are prohibited
D The stmmwatermamgemem system approved in the Order ofCandid=shall not be changed with"the prior written
approval ofthe issuing maturity
k) Areas designated as qualifying pervious areasfor die purpose ofthe Low Impact Site Design Credit(as;defined in the
MassDEP Stonnwater Handbook Volume 3,Chapter 1,Low honest Development Site Design Credits)shall act be altered
without if&prior written approval of the issuing authority.
) Access formaintenance.repair,and/orreplacement of BMPs shall not be withheld Any fencing constructed around
Page 6 of 10"ELECTRONIC COPY
U Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau normResource Order
of
- ditiands MassDE onacc 242-[488
WPA Form 5-Order of Conditions eDEP'IYv�sacdon N:33044t
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cltyffb .-NORTH ANDOVER
sionmvauxBMPs shall include access gates and shall be at least six inches above gisdeto allow for wildlife passage-
Special Conditions:
SEEATTACHED
Page 7 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MMDEPFilc4242-1488
WPA Form 5-Order of Conditions eDE'PTmnsaction R:33044I
i1 Massachusetts Wetlands Protection Act M.G.L.a 131,§40 CityfFown:NORTHANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2_ The Conservation Commission hereby(cluck one that ooliesl
a. r DENIES the proposed work which canna be conditioned to
mat the standards set forth in a municipal ordinarce or bylaw
slocifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work an this project may not go Iowan]unless and until a revised Notice oflntcm is submitted which provides
measures which are adequate to mat these standards,and a final Order or Conditions is issued Which are nmessrery to
comply with a municipal ordinance or bylaw:
b. I+ APPROVES the proposed work,subject to the following
.Moons]conditions.
TOWN OF NORTH
ANDOVER
(PORTIONS NOT
I.Municipal Ordinance in Bylaw WAIVEDBYTHE ICitation CHAPTER 178
ZONING BOARD OF
APPEALS UNDER
CHAPTER 40B)
3. The Commission orders that all work shall be performed in eccordancewith thefollowingcondiaore and with the Notice of
Imem referenced above.Tothe indent that the following conditions modify adifferfromtheplam,specifications,or other
proposals submmed wdh the Notice of Ntent,the conditions shell 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 F Resource Protection -Wetlands Dasa
Me85
WPA Form 5 — Order of Conditions MassDEP File At
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTraneaction#
North Andover
City?own
E. Signatures Q
This Order is valid for three years, unless otherwise specified as a special �4� 2 0
condition pursuant to General Conditions 44,from the date of issuance. 1.Is of noe
Please indicate the number of members who will sign this tone.
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signem
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 prod er,if different
from applicant.
Signatur s:
El by hand delivery on Lid' by certified mail, return receipt
requested,gn��flD
Dem Dam/
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 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.
'�Mkrme.bx•nv.QViRo10 PW 11 d 1
Massachusetts Department of Environmental Protection Provided by MasDEP:
Bureau of Resource Protection-Wetlands MasseDEP Transaction
WPA Form 5-Order of ionConditions.G. eDEP TmnNORT X: 30441
ANDO
City/I'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
G.Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Lard Court for the district in which the land is laceted,
within the chain of title of the afforded 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 ofthe land subject the Order.In the case ofregistered land,this Order shall also be
noted on the Land Court Certificate of Tide ofthe owner ofthe land subject to the Order ofConditions.The recording information on
thin page shall be submitted to the Conservation Commission fisted below.
NORTHANDOVER
Conservation Commission
Detach on darted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Cornnussion
Please be advised daatthe Order of Conditions for the Project at:
63 EMPIRE DRIVE(LOT 23) 242-1488
Project Location MassDEP File Nmnber
Has been recorded at the Registry of Deeds of
Cwmty Book Page
for.
Property Owner
and has been noted in the chain oftitle ofthe affected property in;
Book Page
1.accordance with the Order of Conditions issued on:
Date
If recorded land,the incWmentdarter identifyingthis transaction is:
Instrument Number
Ifregistered land,the docmnentnorther identifying dris transaction is:
DocmnesnNmaber
S%nahne of Applicant w...1.n
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242- 1488
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,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,Inc.
160 Summer Street
Haverhill,MA 01830
Titled: Notice of Intent Plan For 63 Empire Drive (Lot 23
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.
242-1488,63 Empire Drive OOC.dm 1 NACC 8262010
DEP FILE#242- 1488
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 gars 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 jtkty
des(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
242-1488,63 Empire Drive OOC.dac 2 NACC 8/26/2010
DEP FILE#242- 1488
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.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.
36.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order,the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or,if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the district in which the land
is located,within the chain of title of the affected property. 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
242-1488,63 Empire Drive OOC.doc 3 NACC 826/2010
DEP FILE#242- 1488
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1488."
40. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing(at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes.No work shall begin on a project until written approval has been
granted by the NACC.
41. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval,a 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.
43.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.
44. 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
242-1488,63 Empire Drive OOC.dw 4 NACC 826/2010
DEP FILE#242- 1488
conditions on portions of this project to mitigate any impacts which could result from site
erosion,or any noticeable degradation of surface water quality discharging from the site.
For example,installation of erosion control measures may be required in areas not shown
on the plan(s)referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission s
request.
45.The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling,a minimum of 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.
46. 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.
47.The applicant shall designate a Wetland Scientist(or other environmental professional as
approved by the NACC or its agent)as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted,due to an
emergency at the site, during any 24-hour period,including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
48. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report from the "Erosion Control Monitor' to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection,all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
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
142-1488,63 Empire Drive OOC.doc 5 NACC 8262010
DEP FILE#242 - 1488
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.
49. 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.
50. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of Conditions,
the"Compliance Certification Form Affidavit' attached via"Appendix A" signed under
the pains and penalties of perjury,stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five(5)business days prior to the closing of said
land transaction.
51.once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,wetland
scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors and
other personnel performing the 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 of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
52.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.
53.Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
242-1488,63 Empire Drive OOC.doc 6 NACC 826/2010
DEP FILE#242 - 1488
DURING CONSTRUCTION
54. 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.
55. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
56.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.
57. 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 areas as approved under this Order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval.
58.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.
59. 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.
60.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 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,
212-1488,63 Empire Drive OOC.doc 7 NACC 8!26/1010
DEP FILE#242 - 1488
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
61. 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.
62. 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 161 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.
63. 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.
64.Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
65.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.
66.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.
67. 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.
68. 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
242-1488,63 Empim Drive OOC.doc 8 NACC 82612010
DEP FILE#242 - 1488
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
69. 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.
70. 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.
71. 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 Soil Conservation Service (SCS)standards.
Stabilization will be considered complete once full vegetative cover has been achieved.
72. 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.
73. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor)of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built' plan prepared and signed and stamped by a Registered Professional
Civil Engineer(and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
242-1488,63 Empire Drive DOC.doc 9 NACC 8262010
DEP FILE#242- 1488
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ 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.
D Location of all subsurface utilities entering the property.
➢ The delineated wetland line.
74.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
➢ 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;
➢ Discharge or spillage of pollutants(Condition#68);
➢ Prohibition of underground fuels(Condition#69);
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Condition
#70).
242-1488,63 Empire Drive OOC.doc 10 NACC 826/2010
DEP PILE#242 - 1488
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCIQ
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC mrmber)
the North Andover Conservation Commission.
Wor
1 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 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)
242-1488,63 Empire Drive OOCAoc 11 NACC 8262010