HomeMy WebLinkAboutMiscellaneous - 80 EMPIRE DRIVE Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 86 — Certificate of Compliance 242-1487
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Orchard Village LLC
only the tab key Name
to move your 277 Washington Street
cursor-do not
use the return Melling Address
key.
'��n� Groveland MA 01834
VQI� Cily/rom State Zip Code
ke
r 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Robert Messina
r Name
August 26,2010 242-1487
Dated DEP File Number
3. The project site is located at:
80 Empire Drive(Lot 17) North Andover
Street Address Cbyrroan
Map 107C Parcel 17
Assessors Map/Plat Number ParceVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Orchard Village, LLC
Property Darner(d different)
Essex North Land Court
Courtly Book Page
12556& 16163
certiAcele
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
7/27111
Date
¢ rrnSb d.-rrv.IMUS MA Fa.as,C.ff.to MComi.—Pp 103
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number.
WPA Form 86 — Certificate of Compliance 242-1487
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 P.0ded 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Conditions has lapsed and is therefore no longer valid.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:
77
C. Authorization
Issued by:
North Andover
Conservation Commission D of nuance
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
http:t/www.mass.gov/dep/about/region/findvour.htm).
Signatures•
� Q v
v(eMMb.tlCC•M.tYt30d
WA Form BB,Cehif—W Y Compll—•PNe 2 d 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 2421487
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .Wded by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---.-------------.-.-.-.-_---.-.-.---------------------------------.-.-----.-.---.-.- ---------.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
80 Empire Drive(Lot 17) 242-1487
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 j
If recorded land, the instrument number which identifies this transaction is:
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
umolrmbb doo•rev.1MMe WPA Form 813,Cmofipt9 W CMPIIarc Pace 3 of
LOMassachusetts Department of Environmental Protection Provided by MacsDEP:
Bureau of Resource Protection-Wetlands MmsDEPFilc#:242-1487
WPA Form 5-Order of Conditions eDEP Tra wim#:328141
Massachusetts Wetlands Protection Act M.G.L.a 131,§40 Cdy/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a F OOC b.n Amended OOC
3.Applicant Details
a FbstName ROBERT b.Last Name MESSINA
c Organimdon ORCHARD VI LAGELLC
d Mailing Address 44 GREAT POND DRIVE
e.City/rown BOXFORD f State MA g.Zip Cade 01921
4.Property Owner
a First Name b.Last Name
c.Organian on
d Mailing Address
C.City/favn fState g.Zip Cade
5.Project Location
&Street Address 80 EMPIRE DRIVE(LOT 17)
b.City/fown NORTH ANDOVER clip Code 01845
d Assessors MapPld# 107C e.P.VLot# 18.17
f Latimde 42.65452N gLuagitude 71.10289W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12556&.16163
7.Dates
a DateNOl Filed:7/192010 b.Date Public Hearing Closed:8/112010 c Date Of Issuance:8262010
8.Final Approved Plans and Other Documents
a.Plan Tldv. b.Plan Prepared by: a Plan Signed/Sumped by: d.Revised Final Date: e.Scale:
NOTICE OF CHRISTIANSEN&
INTENT PLAN FOR SFRGI,INC. PHR,IP G.CHRISTIANSEN 08/132010 F-20'
80 EMPIRE DRIVE
B. Findings
].Findings pursuant to the Massachusetts Wetlands Protection Act
Page I of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Prmided by MasDEP:
LO
Bureau of ResourceProtection-Wetlands MasDEPFile#2421487
WPA Form 5-Order of Conditions eDEPT�%�rona'32s141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Crb/fown:NORTHANDOVER
Followingthe review,of the the above-refemncedNotice of Intent and based on the information provided in this applicationand
presented m the public hearing,this Commission finds Otat the areas in which work is proposed is signif lean to the following interests of
the Wetlands Protection Act
Check all that apply:
a r Public Water Supply b. r LandConteinmgShellish c.r Prevention ofPolludon
it. F,Private Water Supply e. r' Fisheries f. r PrdeetionMWildlifeBabitat
g. r' Ground Water Supply h. r Storm Dmnxge Prevention 1. r Flood Control
2.Commission hereby fads the project,as proposed,is:
Approved subjectm:
a r The following conditions which are necessary in accordance with the performance standards set ford 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 oNer special coadifions touched to this Order.To the colent that the following conditions modify or
differ from the plans,specifications,a other proposals submitted with the Notice ofImenS these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work an Us project may not go forward udess and until anew Notice ofIndent is submitted which provides measures which are
adequate to protect interests ofthe Act,and a final Order of Conditions is issued.A deacrip tion of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information sulandiedby the applicant is not sufficient to describe the site,the work in the effect ofthe work on the interests
identified in the Wetlands Protection Act Therefore,work on Oris projedroay not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes mmsures which are adequate in protect the interests ofthe
Act,and a foal Order of Conditions is issued A description of the specific information which is].citing and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shured distance between limit of prejectdismrbunce and the wetlandresomce 10
area specified in 310CMR10.02(Ixa). a Hnear ped
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a tracer feet b.linear fact c.lfneirfed d.Unearfeet
5.r Bordering Vegetowd Wetland
a square fed b.square feet e.square feet d.square feet
6. r Land under Waterbo lies and Waterways
a square fed b.square feat .square fat d.square feet
e.dy drdgd f dy dredged
7.r Bordering Land Subjectto Flooding
a square feet b.square feet c.square fed d.square feet
Page 2 of 10•ELECTRONIC COPY
L1Massachusetts Department of Environmental Proteetion Provided by M-DEP:
Bureau of Resource Protection-Wedands MassDEP File#:242-1487
WPA Form 5-Order of Conditions eDEP Transaction#:328141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Crtyfroon NORTH ANDOVER
Cubic Fee[Flood Storage
e.cubic feet £cubic fee[ g.cubic fat h.cubic fat
8.r Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet £cubic had
9.1'RiverGonl Area
a total sq.feel b.total sq.feet
Sq It within 100 it
a square fat dsquarefee[ e.square feet £square feet
Sq ft belwan 100-200 ft
g.square feet h.square fat i.square feet j.sgruue feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated PortAreas Indicate sire under Land Under he Ocean,below
11.r Land Under the Ocean
aWmefeet b.square feet
c.Gy dredged d.c/y dredged
12.r Bonier Beaches Indicate sine under Coastal Beaches an ilorCoastalDwes below
13.r Coastal Beaches
asqumefed b.square feet a c/yrwurislmrent d rtyrwmishment
14.r Coastal Umes
asqumefed b.squer,feet c.dy nourishment d cly nourishment
15.r Coastal Banks
a Qnemfat b.licearfed
16.r Rocky Intertidal Shores
a squme feet b.square feet
17.r Sac Marshes
a square feet b.square feet c,square fee[ d.square fcet
18.r Land under wt ponds
a square fere b.square feet
c dy dredged d.dy dredged
19.r LandCoNaming Shellfish
a square fat b.square fat #square feet dsquere fat
Page 3 of 10•ELECTRONIC COPY
011 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFa2-1467
WPA Form 5-Order of Conditions eDEP Transaction N:326141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
CiVrown:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank Land Under the
20.F-Fish Rmrs Ooeam and/or iNendLand Under Waterbodies and Waterways,
above
c.c/y dredged d.cly dredged
21.❑Land Subject to Coastal Storm Flowage
a square fee[ b.square feet
22.
n Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring orestimating awcdmd resource area in addition to the square footage that has been
entered in Section B.5.c&d caB.17.c&d above,please entered the additional annum here.
a square feet ofBV W b.square feet of Salt Marsh
23.
❑Streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number of new scam aussings/nurnber ofreplacanentsamen crossings.
a rnunber ofriewstreem crossings b.number of replacementsoean crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Future in amply with all condition stated herein,and with all related stations and otherregulaory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order dos not grant any property,rights ea my exclusive privileges;it does nat authorize my injury to private property or
invasion ofprivate rights
3. This Order dos nor refievethe perm iuee or any aherperson of the necessity ofamplying with all other applicable federal,
stat,o local stances,ordinances,bylaws,or regulations.
4. The weak authorized hereunder shall be completedwiMin it.years from the date of Us Order unless either of the following
apply:
a the wok is amaintenance dredging project as provided for in the Act;or
b.the time far completion has been extended to a spaiEed date more than three yeas,but less than five
years,from the date of issuance.If this Order a intended to be valid for more them thmeyeas,the
extension data and the spacial cucumsmnceswarranting the extended time period are set forth as a
special condition in this Order.
5. this Order may be emended by the issuing authority ferme a more periods of up to three yeas each upon application to the
issuing authority m least 30 days print to the expiration data of the Order.
6. if this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions dos not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in correction with this project shall be clean fill Any fill shall contain no bad,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,whe,lath,paper,cardboard,pipe,tires,ashes,refrigerators,momrvehicles,or parts of
any of the foregoing
8. This Order is not final until all administrative appeal periods Sam ads Order have elapsed,or ifsuch an appeal has been Weak
until all prooxdingshot=the Department haw been completed
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds orthe land
Court for the district in whichtbe land is located,within the chain oftitle ofthe affected property.In the care ofmonded land,
Page 4 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MasDEP:
Bureau ofResource Protection-Wetlands MassaDEP TPFgeion#:31487
WPA Form 5-Order of Conditions eDEP Tmnsapion#:328141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CdyTowm:NORTH ANDOVER
the Final Omer shag also be rated in die Registry's Grmtortndex under the name of the ownEr ofthe land upon which the
proposed work is to be done.In the case of the regisan ed land,the Final Order shall also be noted on the Land Court
Certificate of Tide of the owner of the lend upon which the proposed work is done.The recording information shall be submitted
w the Conservation Commission on the form at the end ofthis Order,which forth must be stamped by the Registry ofDeeds,
prior to the commmenes nerd of work..
10. A sign shag be displayed 4the site act less then two square feel or mae dumfluee square feet in size bearing the word;
"Massachusetts Department of Environmental Photation"
[or'MassDEP"I
FileNmmber:"242-1487"
Il. Where ore Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work desmbedherein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
SA)to the Conservation Commission.
13. 'fie work shag coMormtothe plans and special conditions referenced in this order.
14. Any change the plans identified in Condition#13 above shag require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough In require the filing ofat new Notice of Intent
15. The Agent or members of the Conservation Commission and the Department ofEnvironmental Protection shall have the right
enter and inspect the area subject u,this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the ConservationCommision or Department for dam
cenivabon
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to Us Order and
W any cont rector or other person performing work conditioned by this Order.
17. Nor wdie start ofwork,and if the project involves work adjacent to a Bantering Vegetated Wetland,the boundary of the
wedand in the vicinity of the proposed work area shag be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shag be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed mass have been fully stabilized with vegetation or
other mean&At an time shall sediments be deposited in awedandor water body.During construction,the applicant or his/her
desigcee shall inspect the erosion controls on adaily basis and shall remove accumulated sediments as needed The applicant
shag immediately control any emsom problems that occur 9the site and shall also immediately notify,the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may dam necessary.
Sedimentation barriers shall serve as the limit of work unless another gnat of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. Thework associated with this Order(the"Project)is(1) l- isnot(2)r subjeclwteMassachusetts Stormwaler Standards.
lithe weak is subject to Swrmwater Standards,then theproject is subject to the following conditions;
a) AEmrk,includmgsiwprepamtioglamddistwbence,const dmmdredevelopmmt"lbefinplmme dinwwrdmce
with the construction period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
Swmhwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stmmwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shag remain in place until the site is filly stabilized
b) Nos[ormwater mnoffmay be discharged w the post-construction amonoser BMPs uNess and mail a Registered
Professional Engineer provides aCertification that:L all construction period BMPs have been removed anwill be removed by
a dam certain specified in the Certification.For any construction period BMPs intended w be converted to post construction
operation for stonnwaterattahuatiay recharge,and/or treatment the conversion is allowed by the MWOEP Stonnwater
Handbook BMP specifications and that the BMP has beat properly cleaned orprepared for post construction operation,
including removal of all construction period sediment trapped in Wet and oufletcomool shucteas;iL.as-built fond constmction
BMP plans are included,signed and stamped by a Rcgistaal Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges In the stormwater management system have been removed,as per the requirements of Swmhwate
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0 Massachusetts Department of Environmental Protection Provided by MWDEP:
Bureau of Resource Protection-Wetlands MassDEPFilc#242-1487
WPA Form 5-Order of Conditions eDEP Transaction#328141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City?own:NORTH ANDOVER
Standard 10;iv.all post-coostnxtion sorrowing BMPs are insedled inamwdsocewith the plans(including all planting
pland approved by the issuingauthoriry,and have been inspected to ensure that they are trot damaged and dot they are in
proper working condition;i,any vegetation associated with post-conshuction BMPs is suitably established to withstand
aosio .
C) The landowner is responsible for BMPmaintenarrce until the cooingashoriry is notified that another party has legally assorted
responsibility for BMP nnintensom Prior to requesting a Certificate of Canpliarrce,or Partial Certificate of Compliance,the
responsible party(deli ed in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Stagnant")for the StamwaterBMPs kfa*ingthe parry responsible for
implementing the smrmwaterBMP Operation and Maintenance Plan("O&M Plan")and codifying the following:L)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the fuaneresponsible parties,
shall be notified in writing ofthebongoing legal nrsposedbilityto operate and maintain the s[amwatermasgementBMPs and
implement the Sk inowater Pollution Prevention Plan.
d) Post.construction pollution prevention and source mount shall be hnplemented in accordance with the lorig-tam pollution
prevention plan section ofthe approval StomtwmerReport and,if applicable,the Stonnwi tter Pollution Preventing,Plan
required by die National Pollution Discharge Elimination System Mudd-Sector General Pettit
e) Unless and until another parry accepts respoostbility,the landowner,or owner of my drainage eagement,asssnes
responsibility formaintining each HMP.To overture this presumption,the landowner of the property area submit 0 the
issuing authority a legally binding agreema tofrecord,acceptable in the issuing authority,ev ileacmgthan another entry has
accepted responsibility for maintaining the BMP,and that the proposed responsiblepady shall be taatM as apermittee for
purposes ofimplementing the requirements ofCondidors 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party in imple nint the requiranents of Conditions 19(t)through 19(k)with respect in that BMP shall
be avionfiac of the Order of Conditions;or Certificate ofCanpliance.N the case ofsermwaterBMPs that are serving more
than one lot,the legally binding agreement shall also identify the las that will be serviced by the stonnwiter BMPs.A plan and
easaneradeed thin grants the responsible party access b pe fornn the required operation and maimenavce must be submitted
along with the legally binding ageerr�erd.
0 The responsible party shalt operate and maintain all stonnwatarBMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts StormwaterHandbook
g) The responsible party shall:
1.Maintain an operation and maintenance log for the led three(3)consecutive calendar yeas ofispecfi srepairs,
maintenance and/mreplacement ofthe stcrmwaermanagemea system or any pad thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MagDEP and the Conservation Commission("Camnissi sg�upon request;and
3.Allowmanbers and agents of the MeseDEP and the Commission toorder and inspect the site to mahcme and engin
that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by
tleiswinganhonty.
h) All sediment or other contminant nanoved fivru stamwain BMPs shall be disposed of in accordance with an applicable
federal,sate,and local laws and regulations.
d Illicit discharges t the staorwater naagernena sygeno as defined in 310 CMR 10.04 ere prohibited.
j) Thestomrwde,management system approved in the Order of Conditions shall not be charngedwithanthe prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for use purpose of the Low hoped Site Design Credit his defined in the
MassDEP Ston water Handbook.Volume 3,Chapter 1,Low Impact Development Site Design Credits)Shall not be altered
without doe prior written approval of the Lssaing authority.
D Access for maintenance,repah,and/a aplacanent ofBMPs shall not be wifteld Any fencing consmtctM amurd
stormwaterBMPs shall include access gates and shall be at least six inches above grade to allow for wildlifepacsage.
Special Conditions:
SEEATTACHED
Page 6 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by M=DEP:
Bureau of Resource Protection-Wetlands Ma DEPFile#142-1487
WPA Form 5-Order of Conditions eDEP Transaction#3x8141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTHANDOVFR
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided byMassDEP.
WPA of Resource Protection-Wetlands Me PTrans Transaction
487
WPA Form S-Order of Conditions eDEP Tmrtsectlona:32glat
Massachusetts Wetlands Protection Act M.G.L.c' 131,§40 CuytrmvnNORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?l+, Yes r No
2. The Conservation Commission hereby(check one that anpliesl:
a r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in amunicipal ordinance orbylaw
specifically
I.Mmricipal Ordinance orBylaw 2.Citation
Therefore,work on this project may not go forward unless aid until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a front Order or Conditions is issued.Which are necessary to
wmpty with a municipal ordinance or bylaw:
b. r APPROVES the proposed work,subject[,the following
additional conditions.
TOWN OF NORTH
ANDOVER
I.Municipal Ordinance,or Bylaw (PORTIONS NOT 2.Citation CHAPTER 178
WAWM13YZRA
UNDER CHAP£401)
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the tdentthat the following conditions modify ordifl'erfromthe plans,specificalions orother
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 8 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MaeaDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1487
WPA Form 5-Order of Conditions ,DEP Tmnsstrun :328141
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
E. Signatures
This Order is valid for(hrssyears man the daze ofissuarim maks;otherwise specified 8/26/2010
pwsuentto General Condition#4.If this is an Amended Order of Conditions,the Amended 1 DateafOriginal Order
Order expires on the same date as the original Order of Conditions.
Please indicate thenumber ofmembers who will sign this fortes.This Order rrwstbe signed by 5
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also most be mailed
or hand delivered atthe sometime to the appropriate Department ofEnrimm vttd Protection Regional Office,if net filing
electronically,mdthe property owner,ifdifferent from applicant
Signatures: Deborah Fehovic
LouisNapofi Saint McDonough
John Mabon
Joseph Lynch
C by hand delivery on C'by ceded mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person agpievedby this Orda,any owner of land cloning the land subject to this Order,or any ten
residents of the city or town in which such land is located,eR hereby notified of theirright 0 request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail in hand delivery to the
Department with the appropriate filing fee and a completed Request for Departmental Action Fm TransmittalFomn,as provided in
310 CMR 10.03(7)within ten business days from(he date of issuance of this Order.A copy of the request shall athe same time be
seat by certified mail or hand delivery to the ConservationCoruntssion and to the applicant if he/she isnot the appellant
Any appellants seeking an appeal the Departments Superseding Order associated with this appeal will be required in thermostats prior
participation in the aview of this project Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prim to the close of the public hearing requesting Superseding Order,on providing written information
to the Department prim to issuance of a Superseding Order.
The request shell scene clearly and concisely the objections in the Order which is being appealed and how the Order does not
contribute in the protection of the interests identified in the Massachusetts Wetlands Prolection Ad(MG.L.a 131,§40),and is
inconsistent with the wdlands regulations(3 10 CMR 10.00).To the extend that the Order is bared on amunicipal ordinmtce or bylaw,
and not on the Masrechuseus Wetlands PmtectionAd or regulations,the Department has no appellate jurisdiction.
Page 9 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau F Resource Protection -Wetlands 242-1487File
WPA Form 5 - Order of Conditions MassDEPSsDEPFlIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
cityrtown
E. Signatures
This Order is valid for three years,unless otherwise specified as a special
condhion pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form. Jr
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office,if not filing electronically,and r/o ��ly own fsli6etenit
from applicant. !/
Signa w41
e
/'tel i L
❑ by hand delivery on Eby certified mail, return receipt
requested, on
arolio
Date Doe
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate fling fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order.A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the 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.
.ya W,dx. rev.Ov 010 P+ 11012
Massachusetts Department of Environmental Protection Provided by MessDEP:
Bureau norm 5 ace Protection-Wetlands NtassDEPcDEP Transaction
File#242-1487
!)\ WPA Form 5-Order of Conditions eDEPTransaction#:328141
Massachusetts Wetlands Protection Act M.G.L.a 131,§40 Chy/rowmNORTHANDOVER
G.Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for to district or which the land is located,
witltin the drain offifie ofthe affected property.In the case ofrerorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land this Order shall also be
acted on the Land Court Certificate of Tide of the owner of(he land subject to the OrderofConditiorns.The recording infumration on
this page shall be submitted 0the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Comntission
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Cmnmixsiar
Please be advised that the Order of Conditions for the Project 4:
80 EMPIRE DRIVE(LOT 17) 242-1487
Project Location M.DEPFile Number
Has been recorded at the Registry of Deeds of
Camly Book Page
for.
Property Owner
and has been noted int the chain offide ofihe affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Data
If recorded land,the inshmnent number identifying this transaction is:
InsmnacatNumber
If registered land,the docmnent number identifying Us aansection is:
DocmnentNumber
8ignahue ofApplicom x..avmro
Page 10 of 10"ELECTRONIC COPY
DEP FILE#242 - 1487
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 house, driveway,
walkway,deck,retaining wall 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, hu.
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 80 Empire Drive(Lot 17
Orchard Village)
Dated:July 15,2010
Revised:8/13/10
22. The tern"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.
242-1487,80 Empire Drive OOC.doc 1 NACC 826/2010
DEP FILE#242-1487
23. The conditions of this decision shall apply to,and be binding upon,the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and other
regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations,and may
require any information,measurements,photographs,observations,and/or materials,or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes,ordinances,by-laws or
regulations.
27.The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days(30)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
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DEP FILE#242- 1487
significant to the interests of the Act and Town ByLaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of this resource
area to the identified interests.
33.The wetland resource areas on the site as shown on the plan dated and referenced herein
were confirmed in an Abbreviated Notice of Resource Area Delineation(ANRAD)issued
on 5/23/2008.
34.This Order of Conditions(OOC) is issued in addition to DEP File #242-1459 which
permitted roadway,infrastructure,wetland and buffer zone mitigation and soils
remediation.The applicant is obligated to comply with those aspects of DEP File#242-
1459 that apply to the subject property.
35.The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas an average twenty five foot(25') No-Disturbance
Zone shall be established from the edge of the adjacent wetland resource area.The
Conservation Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local bylaw.
36. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,and
other personnel performing the permitted work are fully aware of the permits terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
37.The owners of the project and 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
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or,if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order has
242-1487,80 Fmpire Drive DOC.doc 3 NACC 826!2010
DEP FILE#242- 1487
been recorded in the Registry of Deeds or the Land Court for the district in which the land
is located,within the chain of title of the affected property. In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the
owner of the land upon which the proposed work is to be done. In the case of registered
land,the Final Order shall also be noted on the Land Court Certificate of Title of the
owner of the land upon which the proposed work is to be done.The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP, File Number 242-1487."
41. AU changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing(at the expense of the applicant).Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including installation of
sedimentation/erosion control devices and all stages of construction(including dates)
from lot clearing to final site stabilization. Approval of the construction sequence is
required prior to construction.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible per the approved plan(s)
throughout the life of the project and until a Certificate of Compliance is issued so that
erosion control measures can be properly placed and wetland impacts can be monitored.
The proposed limit of work shall be shall be clearly marked with erosion controls or
temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked
and replaced as necessary and shall be maintained until all construction is complete.
Workers should be informed that no use of machinery,storage of machinery or materials,
stockpiling of soil,or construction activity is to occur beyond this line at any time.
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45. A row of staked hay bales backed by trenched siltation fence or other approved erosion
control barrier shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior to
the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from site
erosion,or any noticeable degradation of surface water quality discharging from the site.
For example,installation of erosion control measures may be required in areas not shown
on the plan(s)referenced in this Order of Conditions. Should such installation be
required by the NACC,they shall be installed within 48 hours of the Commissions
request.
46.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 5 hay bales and sufficient stakes for staking these bales(or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of$3,000
which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the
NACC,and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof,shall be signed by a party or parties satisfactory to the
NACC,and Town Counsel,and shall be released after completion of the project,provided
that provisions,satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
48.The applicant shall designate a Wetland Scientist(or other environmental professional as
approved by the NACC or its agent)as an"Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site,during any 24-hour period,including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
49. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
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DEP FILE#242-1487
report from the"Erosion Control Monitor' to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition,all wetland
resource areas must be visually inspected for siltation,turbidity, and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1/2" inch of rain or greater(24 hour event) to ensure that soils
remain stable,and erosion controls are adequate and secure.
50. Prior to construction,the applicant shall permanently mark the edge of the"No-
Disturbance Zone" with markers spaced evenly every 25 feet incorporating the following
text: "Protected Wetland Resource Area' and the associated rules (1 square sign for every
3 round). This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. The locations of the permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. The markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2/round and
$3/square).
51.Prior to the commencement of any work on site,a Registered Land Surveyor(R.L.S.) shall
stake the foundation comers of the SFH. These measurements will be verified in the field
during the pre-construction meeting.
52. 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.
53.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 permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
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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
54.There shall be no increase in the post development discharges from the stone 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.
55.Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
56.Upon beginning work,the applicant shall submit written monthly progress detailing
what work has been done in or near resource areas,and what work is anticipated to be
done over the next period.This will update the construction sequence.
57. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
58. The contractor will take all steps necessary to control dust onsite so that adverse
effects on adjacent resource areas and/ or habitat do not occur.
59. Immediately upon completion of the dwelling foundation,and prior to further
construction activities associated with the site,the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.)
which accurately depicts the foundation location and 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.
60. A crushed stone construction entrance shall be installed to minimize soil/ material
tracking onto Empire Drive. All construction vehicles must access the site through the
construction entrance.This entrance shall be reinforced as necessary. Erosion control
shall be maintained along the edge of roadway as detailed on the herein referenced
plans until the lot is stabilized.
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DEP FILE#242- 1487
61.A minimum 2-foot high dry laid fieldstone wall shall be constructed in accordance
with the approved plan referenced herein.The wall shall be maintained in perpetuity
at the No-Disturb Zone to prevent further encroachment into resource areas.Per the
approved plan,a post and rail fence shall be placed up-gradient of the retaining wall
and shall remain in perpetuity.
62.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.
63. 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,
which provides for the pumped water to be contained in a settling basin,to reduce
turbidity prior to discharge into a resource area.
64. 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.
65. 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 Vt 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.
66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
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67. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
68.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.
69. 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.
70. 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.
71. 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
72. 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.
73.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.
74. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
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loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
75. 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.
76.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
It. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ 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 aW disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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➢ The delineated wetland line.
77.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
➢ An average 25' No-Disturbance Zone shall be established from the edge of
adjacent wetland resource areas as approved under DEP#242-1459. Future
work within 100' of existing wetland resource areas will require a separate
filing with the NACC (refer to Section 3.4(page 15) of the Regulations for
performance standards within these zones)The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Resource Area Markers(Condition#50);
D Stone wall/fencing(Condition#61);
D Discharge or spillage of pollutants (Condition#71);
➢ Prohibition of underground fuels (Condition#72);
Limitations on the use of fertilizers,herbicides,and pesticides (Condition
#73).
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APPENDIX A-AFFIDAVIT
L on oath do hereby depose and stare:
(authmimd agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2._ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
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