HomeMy WebLinkAboutMiscellaneous - 1050 FOREST STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1515
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:
farms on the
computer,use Nancy Kroy tZ
only the tab key Name
to move your 1050 Forest Street
cursor-do not Mailing Address
use the return
key. North Andover MA 01845
City?own state Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Nancy Krovitz
ar Name
September 21 2011 242-1515
Dated DEP File Number
3. The project site is located at:
1050 Forest Street North Andover
street Address C9yrrown
Map 105D Parcel 178
Assessors Map/Plat Number ParmIlLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property owner(if different)
Essex North12470 38
County Bcok Page
Certificate
4. A site inspection was made in the presence of the applicant, or the appliranfs agent,
on:
9/28111
Date
v�(l,n36.Em rev.1=3" WPA F-n 09.Cs rfi W0Cm 110r-Pe 103
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number.
WPA Form 86 — Certificate of Compliance 242-1515
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Conditions has lapsed and is therefore no longer valid.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 fling 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 .?9
Conservation Commission Dath 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
htto 11www.mass.gov/dei)/abouVreoion/findvpur.htm).
Signatures:
U
xpMnOE.U¢•,w.1Yt3N3 WPA Fum Be,Ceninceb NCwrplla„m•Ppe 3 M 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242.1515
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:--------------
..........................._._.-.-.-.-._._._.-----------------------
.-----
.-._._._._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
1050 Forest Street 242-1515
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Nancy Krovitz _
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:
Dowment Number
Signature ofApplicenl
WA Farm Be,Germine 0 C Wt-.-Pp 3 d 3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFil.#:242-1515
WPA Form 5-Order of Conditions eDEP Tnruac°°°#'378944
/ 14
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/fo;m NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r- Amended OOC
3.Applicant Details
a First Name NANCY b.LastName KROVITZ
c.Orgarestion
d Mailing Address 1050 FOREST STREET
e.City rcb NORTH ANDOVER f State MA
g.Zip Code 01845
4.Property Owner
a First Name NANCY b.last Name KROVITZ
c.Otgumabon
d Mailing Address 1050 FOREST STREET
e.ChyTmm NORTH ANDOVER Estate MA g.Zip Code 01845
5.Project Location
a.Street Address 1050 FOREST STREET
b.City/1'own NORTH ANDOVER c.Zip Code 01845
d.Assessors MapPht# 105D a P=cla ot# 178
I latitude 42.64294N g L-vwde 71.03681W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book
d.Page
NORTHERN ESSEX 5386 52
7.Dates
a Date NOT Filed:3/14/2011 b.Date Public Hearing Closed 4/132011 C.Date Of Issuance:4/142011
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plea Prepared by: e.Plan Sigoed/Stamped by: d.Revised Maul Date: e.Scale:
SITE PLAN 1050 PENNON] BENJAMIN C.OSGOOD,IR.,
FORESTSTREET ASSOCIATES INC. P.E. 4/11/11 1"=20'
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Page I of 10•ELECTRONIC COPY
Massac6°
[ypAMass F�$ s m�cep oh4ent°f Env
�p\wing�( npp�atheuset1r,�WpuOdMpetobCgWct At,��mentafprotecNon p� F,ymsoeP:
��II IJ1c.R ub lC ply 1e�le I"C. 131,§40 e)EPT dek:242-1515
an p� g(hjx �01 CiVru��, 378944
11111 1 qua IC
C�m411SSI0pfindsth llhelareas�NWh�Wor"Pr oposed is prOvide in fid eprheationand
loving inraemx
signifi
to
a, F Public Water Supply b. r LandContaining Shellfish err Prevemtimal'Pollution
d. F Private Water Supply e. r Fisheries f, F ProtectionofWildhIc Habitat
g. F Ground Water Supply h. r Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,u:
Approved subject to:
a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice oflnuatrefere med above,the following
General Conditions,and any other special conditions attached to this Order.To theestent that die following conditions modify in
differ from the plans,specifications,or other proposals submitted with the Notice oflntent,these conditions shall control.
Deniedbecause:
b.r The proposed work cannot be conditioned to meet the perfomanoe standards set forth in the Worlandmgulations.Therefore,
work on this project may not go forward unless and until a new Notice off stent is subscined which provides measures which are
adequate to protect interests ofthe Act,and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
a r The information submitted by the applicant is not sufficient to describe the site,the wok o the effect ofthe work on the interests
identified in the Wetlands ProttttimnAct,Therefore,work mi this project may not go forward unless and until a revised Notice of
Intent a submitted which provides sufficient information and includesnnracs re which are adequate to protect the intereas ofthe
Ad,and final Order ofConditions is issued A description of the specific information which is lacking and why it is j
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 r Butler Zone Impacts:Shortest distance between limit ofproject disturbance and the wetland resource 30
area specified in 310CMR10.02(I)(a). a lined feet
Inland Resource Area Impacts:(ForApproval$Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBavk
a fimearfeet b.kroarfeet c.bmear feet dlnew feet
5.1— Bordering Vegetated Wedand
a.square feet b.square feet c.square feet d square feet
6. r Land underWaterbodies and Waterways
a square feet b.square feet a square feet d square feet
TZ;l redgad fcty dredged
7.r Bonlering Land Subject to Flooding
a.square feet b.square feet c.silence fed d square fed
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L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:742-1515
WPA Form 5- Order of Conditions eDEP Transaction#:378944
Massachusetts Wedands Protection Act M.G.L.c. 131,§40 Cay/foenNORTITANDOVER
Cubic Feet Flood Storage
e.cubic feet f.orbic feetg.orbic feet h.cubic feet
8.r Isolated Land Subject in Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
a.cubic fat Tctee[ e.cubic feet t cubic feet
9.r Riverboat Am
a.taalsq.Cat b.total sq.feet
Sq itwidan 100 ft
c.square fat d square feet e.square Ceet f.squat,Ceet
Sq It between 100-200 ft
TNuatefat h.square feet i.squarefat j.square feet
Conrad Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r DesigmtedPort Areas Indicate aux,under land Underthe[keno,below
11.r Land Under the Ocean
asquare feet b.square feet
c.dy dredged d.dy dredged
12.r BarrierBeachrs Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Consul Beaches
TZ--re feet b.square feet c dynowishment d c/yaourigh
14.r Coastal Duces
a square feet b.square feet c.c/ynaniehmer�t d dy rwinishrcent
15.r Coastal Banks
alinearfeet b.linear feet
16.rRocky Wertidal Shores
a.square fat b.square Feer
17.rsalt Marshes
a.square feet b.square Ceet c.square feet d square feet
Ig.r IandUoder Salt Ponds
a.square feet b.square feet
a dy dredged d.dy dredged
19.r Land Containing Shellfish
a square feet 9—sq—f- a square feet d square feet
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0 Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:742-1515
WPA Form 5-Order of Conditions eDEPTmnawfica#:378944
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/pow'a:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fah Ruta Dom,and/or inland Land Under Waterbodies and Waterways,
above
C.Gy dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
Ifthe project is for the purpose ofnesmring or enhancing a wetland resource area in addition to the square footage that has been
ordered in Section B.5 c&d orB.17.c&d above,please entered the additional amount here.
a.square feet ofBV W b.square feet of Sat Marsh
23.
r Streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number of new stream crossingstnumber of replacement stream crossings.
amunberofnewstreamcrosangs b.mrmber ofreplasement dancer,wossargs
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatorymeasmes,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not adheriu my injury to private property or
invasion ofprivate rights.
3. This Order does net relieve the pemrittee wary other person ofthe necessity of complying with all other applicable federal,
state,or Iwai statutes,ordinances,bylaws,or regulations.
4. The work authorioadlar oder shall be completed within Race years from the date of this Order unless,either of the following
apply
a.the work is a umimenance dredging project as provided for in the Act;or
b.the time for completion has been cersaded to a specified data more than three years,but less darn five
years,from the date of issuance.If this Order is intended to be valid for more than dree years,the
extension date and the special canaradlences warranting the atended ams period are set forth as a
special condtawh mulls Order.
S. Thos Order may be extended by the issuing authority for one or more periods of up to time years each upon application to the
issuing authority at least 30 days prior to the expanded date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does net exceed the issuance
date ofthe original Final Order ofCcnditions.
7. Any 011 used in connection with this project shall be clean 011.Any fill shall contain an aash,refuse,mbbish,er debris,including
but not limited m lumber,bricks,plaster,were,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or pans of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Oder have elapsed,or if such an appeal has been taken,
until all proceeding;before the Department have bean completed
9. No work shall be tmdemaken until the Order has biome final and then has been recorded in the Registry of Deeds or the land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#-.242-1515
WPA Form 5-Order of Conditions eDEP Trmsaction#:378944
L13
4
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/Pmvn:NORTH ANDOVER
the Final Order shall also be noted in rhe Registrys Grantor index under the name ofthe owner ofthe land upon which the
pmposedwork is to be done.In the case of the registered land the Final Order shall also be noted on the Land Cowt
Certificate of Title ofthe o.crofthe land upon which the proposed we*is done.The recording information shall be submitted
to the Conservation Commission on the form attire end of this Oder,which form must be summed by the Registry of Deeds,
prior to the commencement ofwork.
10. A sign shall be displayed at the site trot less then two square feet or nate than three square feet in sice bearing the words,
"Massachusetts Department ofEnvironmental Protection"
[or'MesaDEP"j
File Number:"242-1515"
11. Where the 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 ofthe work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA I=
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Consevetim Commission
in writing whether the change is significant enough to require the filing of a new Notice of Imam
15. The Agent in membersofthe Coaservaaon Commission and the Deparmred ofEnvirmmemal Protection shall have the right in
enter and inspect the area subject to this Order amasonable hews in evaluate compliance with the conditions stated in this
Order,and may regave the submittal of say data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control ofthe property subject to this Oder and
ce any contractor or other person performing work conditioned by this Order.
17. Print to flue start of work,and iflhe project involves work adjacent to a Bordering VegetatedWetlaM,the boundary ofthe
wetland in the vicinity offie proposed work area shall be marked by wooden stakes or Flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate ofCompliame:has been issued by the Conservation Commission.
18. All sedimentation harriers shall be maintained in good repair mil all disturbed areas have been fully stabilised with vegetation,or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant orhis/her
designee shall inspect the erosion controls on a daily basis and"I remove accumulated sediments as needed.The applicant
shall imme(fistelymmot any erosion problems that occur at the site and shall also immediately notify the Conservation
Cmnmisvim,which reserves the right torequire additional erosion and/or damage prevention controls it may deem neccaary.
Sedimentation barriers shall serve n the limit fwork unleas another limit ofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Ordedthe'Projoef')is(1) r- is not(2)P subject 0 the Massachusetts Scoutmaster Standards.
If the work is subject to Stomnwater Standards,then the project is subject to the following conditions;
a) AD wok,including site preparation,land disturbance,communion and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentatiou control plan and,ifappecable,the
Stomnwa Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Cmsmmemn General
Permit m required by Stornwater Standad 8.CAnstraction period emsim,sedimentaim and pollution control measures and
best management practices(BMPs)shall remain in place wail the site is fully stabili ed.
b) No sarmwater nmoffmay be discharged to the post-construction stommwater BMN unless and mtil a Registered
Professional Engineer provides a Certification that i.all construction pined Ewa have been removed or win be removed by
a date certain specified in the Certification For any construction period Ewa intended to be converted to post construction
operation for stomrwner attenuation,recharge,and/or treatment,the conversion is allowed by the M.DEP Stmmmwater
Handbook BMP spa^ification,and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sentenced tapped in inlet and on0etcontml structures;ii..w-built final conMution
BMP Plans are included,signed cod stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iit
any illicit discharges to the summoner oner management system have been removed,m per the requirements ofStorno atcr
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LJ
Bureau of Resource Protection-Wetlands MassDEP File#7.242-1515
WPA Form 5-Order of Conditions eDEP Tmnacfion#:398994
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City?own:NORTH ANDOVER
Standard 10;ix as post-coruWetice strnawater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
properweducawndmon;v.any vegetation assoiatedwlthpost-coramotion BMPs is suitably established m withstand
erosion.
c) The landowner is responsible for BMP maintenarceuntil the issuing authority is notified thatanothapartyhas legally assumed
responsibility for BMP maintenance.Prim to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall exewte and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Storm ostef BMPB identifying the party responsible for
implementing the smrmwaterBMP Operation and Maintenance Plan("O&M Plan')and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing oftlrenongams,legal responsibility to operate and maintain the stonarwster maragementBMPa and
Implement the Strummer Pollution prevention Plan.
d) Poehcunsnusmon pollution prevention and secure control shall be implemented to accordance with the long-term pollution
prevention plan section of the approved Stor nwatr Report and,if applicable,the Stmmwater Pollution Prevenfion Plan
required by the National PollurantDischarge Elimination System Men-Sector General Permit.
e) Unless and unN another party acceptsresponsibility,the landowner,or owner of any drainage easement,manures
responsibility for maintaining each BMP.To overcame Ns presumption,the landowaer ofthe property must submit to the
issu ag authoritya legally binding agreement omord,acceptable w the issuing authority,evidencing that another entity has
accepted responsibility for meintm ng the BMP,and that the proposed responsible party am be treated as a pemdreefn
purposes ofamplementingthe mgnbements ofConditions 19(fl through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirement of Conditions 19(0 through 19(k)with respect to that BMP shall
be.violation of the Order of Conditions or Cumficme of Compliance.In the case ofstormwater BMPs that are serving more
than one lot the legally binding agreement shall also identify the lots that will be serviced by the sommoreaHMPs.Aplan and
easement deed that grants the responsible party access to perform the required operation and maintenance most be submitted
along with the legally binding agreement.
0 The responsible party shall operate and maintain all starmoodr BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Smrmwater Handbook
g) The responsible party shall:
1.Maintain an operation and maintenance log fm the last[lame(3)consecutive calendar years of inspections,repairs,
maintenance nation replacement of the stommvater management system or any pan thereof,and disposal(fn disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request and
3.Allow members and agents of the MmsDEP and the Commission to ewer and inspect the site an evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other commences removed from stmmarear BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
0 Illicit discharges to the stormwater maregrment system as defined in 310 CMR 10.04 ace prohibited.
j) Theatornwatr management system approved m the Order of Conditions shall not be changed without the poor woman
approval of the issuing authority.
k) Areas designated as qualifying pervious states for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Storm arna Handbook,Volume 3,Chapter 1,Lrav Impact Development Site Design Credits)shag not be altered
without the prior wourn approval of the issuing summary.
I) Access for maintenance,repair,and/or replacement ofBMPs shall not be withhold.Any fencing constructed around
e0rulwater BMPs shall include access gates and shall be at least six inches above grade an allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands t File#PZA1515
eDEP T
WPA Form 5-Order of Conditions eDEP rensacfionN:37e944
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cny/fo.NORTH ANDOVER
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedby l fo DEp:
Bureau of Resource Protection-Wetlands MassITEP Filc&242-1515
WPA Form 5-Order of Conditions eDEP Transaction#:378949
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/TowmNORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?ry Yes r- No
2. The C(MseDfatiOn C miss' hereby( heck Qag that nli )-
a. r- DENIES the proposed work which cannot be cmditionedto
meet the standards act forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,weak on this project may not go forward unless and mail a revised Notice oflntent is submitted which provides
measures which are ade(Psm to meet these smndards,and a final Order or Conditions is issued Which are necessaryto
comply with a munimpal ordinance or bylaw:
b. APPROVES the
r proposed work,subjeclm We following
additional conditions.
NORTHANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent Ban the following conditions modify or differ from the plans,specifications,or alher
proposals submitted with the Notice ofla ca,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
BureaWPA of Resottree Prosection-Wetlands eDEP Transaction
515
WPA Form 5-Order of Conditions eDEP Transaction#:
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fmvn:
L1
E. Signatures
71ris Order is valid for duce years from the date ofissumce,mless otherwise specified
pursuara to tasters]Coadition#4.Ifthis is m Amended order of Conditions,the Amended 1.D to f Order
Order expires on the same date as the original Order ofConditions.
Please indicate the number mmembers who will sign this form.This Order most be signed by
a majority ofthe Conservation Commission. 2.Number Signers
The Order most be mailed by certified mail(ratan receipt requested)or hand delivered to the applicant A copy also must be mailed
or hand delivered at the same tune a the appropriate Department of Envhonmeatal Protectress,Regional Office,if not filing
electronically,and the property comer,if different from applicant.
Signatures:
liC�t/7�C.G�C�
r by hand delivery on N by terrified mail,return receipt requested,on
Date Date
F. Appeals
The appfimrn the owner,any person aggrieved by this Order,any owner ofland atoning the land subject to this Order,or any ten
residents ofthe city or town in which such laud is located,was hereby notified ofther right to request the appropriate MassDEP
Regional Office to issue a superseding Order ofConditions.The request most he made by certified mail or hard delivery to the
Department,with the appropriate filing fee and a completed Request fir,Dependence]Action Fee Transmittal Form,as provided in
310 CMIL 10.03(7)within ten business days from the data ofismance offltis Order.A copy ofthe request shall at the same time be
seat by certified mail or hand delivery to the Conservation Commission and to the applicant,ifhe/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 ofthis project Previous participation in the permit proceeding means the submission ofwrinen information to
the Conservation Commission price to the close of the public hearing,requosting a Superseding Order,or providing written information
to the Department prior to issuance ofa Superseding Order.
The request shall state clearly and concisely Ore objections to the Order which is being appealed and how the Order does not
contribute to the protection ofthe interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
inconsistent with the wedands regulations(310 CMR 10.00).To the exkat that the Order is based oa a mmicipal ordinance or bylaw,
and not m the Massachusetts Weflmds Protection Act or regulations,the Department has no appellatejuriss iction
Page 8 of9•ELECTRONIC COPY
L11Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands Ma.DEP File#:242-1515
WPA Form 5-Order of Conditions eDEP Transaction#:378944
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
G.Recording Information
This Order ofConditions Most be recorded in the Registry of Deeds or the Land Cow for(he district in which the lend is located,
within the chain of title of the affected property.N the case of recorded land,the Final Order shall also be noted in the Regmayas
Grantor Index under the name of the owner of the land subject In the Order.In the case of registered land,this Order shall also be
noted on the Land Corot Certificate ofTitle of the owner of the land subject to the Order of Conditions.The recording Information on
this page shall be submitted to the Conservation Commission lisredbelow.
NORTH ANDOVER
Coaurvabon Commission
Detach no dotted line,have stamped by the Registry ofDecds and submit to the Conservation Commission.
......:...............................................................................................................................................................................................
....
To:
NORTH ANDOVER '
- ConservatianCommission
Please be advised that the Order ofConditions for the Project at:
1050 FOREST STREET 242-1515
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of
County Book Page
for.
Property Owner NANCYKROVITZ
and has been noted in the chain oftite of the affected property in:
Book Page
In accordance with the Order ofGardit ons issued on:
Date
If recorded land,the insnhrrnent number identifying this transaction is:
InsmmentNumber
If reg isned land,the decmnent nhmiber identifying tltis transaction is:
Document Numb.
Signature of Applicant an.uiaoto
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242- 1515
Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: The construction of an in-ground pool and cartridge style
filter with associated pool deck,fire pit and dining terrace and fencing with appurtenant
site work and grading portions of which are within 100 feet of a Bordering Vegetated
Wetland(BV W).
21. The work shall conform to the following:
Applicant: Edward and Nancy Krovitz
1050 Forest Street
North Andover,MA 01845
Property Owner: Same
Notice of Intent Prepared by: Benjamin Osgood,Jr.
Pennoni Associates Inc.
100 Burtt Road,Suite 120
Andover,MA 01810
Dated: March 10,2011
Site Plans prepared by: Pennoni Associates Inc.
Site Plan, Map 105.1)Lot 1781050 Forest Street,
North Andover, MA
Dated:2/23/2011
Revised:4/11/11
Stamped by: Benjamin C. Osgood,P.E.
Other Record Documents: Letter from Division of Fisheries &Wildlife
Prepared by: Thomas W. French, Ph.D.
Dated: April 01,2011
NHRSP File No.: 11-29358
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
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32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland. This resource area is significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource area on the site
as shown on the plan dated and referenced herein (Flags W-Al to W-A8).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot(25')No-Disturbance Zone and
a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent
wetland resource area as depicted on the record plan referenced herein. 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.
35. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors, and
other personnel performing the permitting work are fully aware of the permits 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
242-1515,1050 Fomrt St OOC.doc 3 NACC 4/12/201]
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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.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 hay bales and sufficient stakes for staking these bales(or an
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$1,500
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
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DEP PILE 4 242 - 1515
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.
DURING CONSTRUCTION
54. 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.
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.The construction access for the project shall be utilized by all construction related
vehicles. If sediment tracking onto the adjacent roadway occurs,a crushed stone
construction entrance shall be required.
58. 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.
59. Dewatering is not proposed during construction. 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.
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AFTER CONSTRUCTION
68. 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.
69. 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 Welland Protection ByLaw and
shall remain in perpetuity.
70. No backwashing is associated with the installed cartridge filtration. Draining of pool
water is not permitted directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. Pool water shall be
pumped into a tanker should there be a need to drain the system as proposed in the
Notice of Intent.This condition shall survive the issuance of a Certificate of
Compliance.
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 NRCS 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 assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
242-1515,1050 Forest St OOC.dm 9 NACC 4/122011
DEP FILE#242- 1515
➢ Cartridge filtration required/no backwashing or pumping to resource areas
(Condition#70)
242-1515,1050 Forest St OOC.dm 11 NACC 4/12/2011
Comm --I'h fMaeeaah.,If,
Division of
-�, Fisheries Wildlife
Ma"Wildlife
Wayne F.MacCallum,Director
April 01,2011
Nancy Krovitz 0 0
1050 Forest street AM 0 1 MI ,
North Andover MA 01845
NORTH ANDOVER
RE: Project Location: 1050 Forest Street CONSERVATION CCWMPICtJ
Project Description: Install Swimming Pool
DEP Wetlands Fite No.: 242-1515
NHESP File Na: 11-29358
Dear Ms.Krovitz:
Thank you for submitting the MESA Project Review Checklist,site plans(dated 2/23/2011) and other
required materials to the Natural Heritage and Endangered Species Program(NHESP)of the MA
Division of Fisheries&Wildlife for review pursuant to the Massachusetts Endangered Species Act
(MESA)(MGL c.131A)and its implementing regulations(321 CMR 10.00).
Based on a review of the information that was provided and the information that is currently contained in
our database,the NHESP has determined that this project,as currently proposed,will not result in a
prohibited"take"of state-listed rare species. This determination is a final decision of the Division of
Fisheries&Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional
work beyond that shown on the site plans may require an additional filing with the NHFSP pursuant to
the MESA. This project may be subject to further review if no physical work is commenced within five
years from the date of issuance of this determination or if there is a change to the project.
Please note that this determination addresses only the matter of state-listed species and their habitats.If
you have any questions regarding this letter please contact Emily Holt,Endangered Species Review
Assistant,at(508)389-6361.
Sincerely, , ,l
/ � , ��
Thomas W.French,Ph.D.
Assistant Director
cc: Benjamin Osgood,Pennoni Associates
North Andover Conservation Commission
mrwmv.masswildli e.or
Division of Fisheries and Wildlife
Field Headquarters,North Drive,Westborough,MA 01581 (508)389-6300 Fax(508)389-7891
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