HomeMy WebLinkAboutMiscellaneous - 554 FOSTER STREET ♦ l
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1579
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 Joann Runions
only the tab key Name
to move your 20 Washington Street Unit-#11
cursor-do not Mailing Address
use the return
key. Methuen MA 01844
Cityrro" State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Joann Runions
"°' Name
December 21, 2012 242-1579
Dated DEP File Number
3. The project site is located at:
554 Foster Street North Andover
Street Address Cilyrrown
Map 104B Parcel 5
Assessors Map/Plat Number ParcegLat Number
the final Order of Condition was recorded at the Registry of Deeds for:
Elizabeth Andrukaitis
Property owner(ff different)
Essex North 13286 24
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
7124113
Date
nalrrnft doc•rev.im2 WPA Fortn 85,ceniseere of cwpllaim-Paae 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1579
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
71
C. Authorization
Issued by:
North Andover p7�
conservation commission Dat offs uance
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
hftp://www.mass.nov/dep/abouttregion/findvour.htm),
Signatures:
,veafmaeeac rev.1MM9 WPA Fmm aa.Cenlfi.I Corn,-.-r..1,e]
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number'
WPA Form 8B — Certificate of Compliance 242-1579
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.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
554 Foster Street 242-1579
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Elizabeth Andrukaitis
Property Owner
and has been noted in the chain of title of the affected property on:
Data Boole Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wp¢Rm866x•rsv.IMICS K A Farm BB,Gnlfinb 0 Lwnpllvre•Pp 3 d 3
1W
RECEIVED
TOWN CLERK'S OFFICE
1812 DEC 21 AM IOr 11
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
0 Massachusetts Department of Environmental Protection Provided by Ma%DFP:
Bureau of Resource Protection-Wetlands MmaDEP File#:242-1579
WPA Form 5-Order of Conditions eDEP Transaction#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r Amended OOC
3.Applicant Details
a.Fust Name JOANN b.LwtName RUNIONS
a Organimdon POWER OF ATTORNEY FOR ELIZABETH ANDRUKATTS
d M"-gAddmss 20 WASHINGTON STREET-#11
C.City/Town METHUEN E Stara MA g.Zip Code 01844
4.Property Owner
a First Name ELIZABETH b.Lan Name ANDRUKAITIS
c Organvadm
d Mai&gAdd= 554 FOSTER STREET
C.City/Town NORTH ANDOVER IS= MA g.Zip Code 01845
5.Project Location
a.StreetAddress 554 FOSTER STREET
b.Cay/Iown NORTH ANDOVER c.Zip Code 01845
d.Assessors MapPlat# 104B e.Paroetaktff 5
I Ladmde 42.67753N g.Longitude 71.05402W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate e.Book d.Page
NORTHERN ESSEX 9279 157
7.Dates
a DmeNOl Filed: 12/6/2012 b.Date Public Hearing Closed: 12/12(2012 a Date Of issuance: 12121/2012
II.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SUBSURFACE MERIUMACK
SEWAGE ENGINEERING VLADIMIRL.NEMCHENOK IM-12 F29
DISPOSAL SYSTEM SERVICES
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Page I of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of ResourceProtection-Wetlands MassDEPFilek:242-1579
28529
WPA Form 5-Order of Conditions eDEPo nnNORTH: NDO
L 3 City/1'own:NORTHANDllVER
Massachusetts Wetlands Protection AU M.G.L.c. 131,§40
Following the review of the the above-referenced Notice oflntemt and based on the information provided in this application and
presented at the public hewing this Commission finds that the areas in which work is propowd is significant to the following interests of
the Wetlands Protection AU.
Check all that apply:
a. F Public Water Supply b. r Lad Containing Shellfish c.F Prevention of pollution
a. F Private Water Supply e. F Fisheries f F Protedionaf Wildlifeliabitat
g F Ground Water Supply h. F Storm Damage Prevention L F Flood Control
2.Commissionhaeby finds the FROM mphoposed is:
Approved subject to: ends
a.F The followmgconditimvswhich we necessary in with the performancepewith the
sIntenford"m referenced de ed efulowing
This Commission orders that all work shall be performed inacevfdea
General Conditions,and any other special conditions attached to this Order.To the oddat that the following conditions modify m
ri ffer from the plans,sprdficagons,or other proposals submitted with the Notice of Inter,these conditions shall control.
Denied because:
b.r The propos work count be conditioned to meet the performance"duds sUforth'^ ,dwidhimovidesthe wetiand tiona Th me,
wadequate mproted interests of the Ac and, nal Order OfC'manois sis"a"l Adescripti n of the rperformnce standards
which the proposed work cannot meet is attached w this Order.
interests
workn this project maY not go forwwd unless nd until a revised Notice of
c,r The information submitted applicant is not SU licient m describe the site,the war korgw effect of[heworkongu
identified inthe WegandsProtedion AU.Therefore,
Intents submittedwhichirrovides sutfrcientinformation andincludesmeasweswhich are adUl�em aroma and
it is
fft
Act andafirml Ordef of Conditions s issued.Admeription of the speddletaformation which is lacking end why its
necessary is attached to this Order as per 310 CMR 10.05(69c)-
Buffer Zone Impacts:
Shortest diyamm between limit of project disturbance and the wedand resource 52
3.11 n Nucofed
areaspcM din3lgCMR10.02(Ixa).
Inlaid Resource Ares impids:(ForAplaovab Ody):
Permitted Proposed Permitted
Proposed Replscemdtt Replacement
Resource Area Alteration Alteration
4. r-Bank allnemfed b.lmear fed
c.hassled dlinmrfeU
Vectored Wetland a uwe fact b.square fed c.Nowo fee[ d.N.fact
S.r flordering g sq
Ww bodies and Waterways c."Pow"fed N.fed
6. rLwalwdef asquare fed b.square fact
e.Gy dredged Edy dredged
Lund Subject osquarefeet d.sgtmm feet
7.rBordering asq.fed b.squwo fect
page 2 of 10 a ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MasDEP File#:242-1579
WPA Form 5-Order of Conditions eDEP Transaction#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityTown:NORTHANDOVER
Indicate size under Coastal Banks,inland Bank Land Under the
20.1 Fihiture Ocean,and/or inland Land Under Wandbodies and Waterways,
above
c.cly dredged d.Hy dredged
21.(-Land Subject to Coastal Storm Flowage
a square feet b.square feet
22.
r Aestoration/Enhancement(For Approvals Only)
If the project is for the purpose of maturing or enhancing a wetand resource area in addition to the square footage thin has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a square fed ofBV W b.square feetofSalt Marsh
23.
r Streams Crossing(s)
Iftlhe project involves Stream Crossings,please enterthe number ofnew menu croarnwnumber of replacement stream crossings
a number ofnew sasinwssings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Fail=in comply with all conditions stated herein,and with all related statutes and oilier regulatory measures,shall be deemed
cease to revoke or modify this Order.
2. The Order does not gram any property right or any exclusive privileges;it does not authorize any injury to private property or
invasion ofprivate rights.
3. This Order does not relieve the permittee a my other person of the necessity of complying with at other applicable federal,
state,or local statures,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed witdn twee years from the date of this Order unless either of the following
apply:
a.the work is amaintenance dredging project as provided for in the Ad;or
b.the time for completion has been extended to a specified date more than twee years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension data and the special circumstances warranting the extended time period are set foam as a
special condition in this Order.
5. This Order may be extended by the issuing authority for me or moa periods of up to true years each upon application to the
issuing authority a least 30 days prior to the expiration data of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does netacceed the issuance
date of the original Find Order of Conditions.
7. Any fit used in connection with Us project shall be clean fill-Any fill shall contain no trash,refihse,rubbish,or debris,including
but not limited to Lumber,bricks,plaster,wire,lath,paper,cardboard pipe.Cres,ashes,refrigerators,motor vehicles,or ports of
anyofthefnegoing.
8. This Order is not anal unfit all administrative appeal periods from Ws Order have elapsed,orifwell an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Dads or the Land
Court for the district in which the land is located,within the chain oftide of the affected property.In the case of recorded lard,
Page 4 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File X:242-1579
WPA Form 5-Order of Conditions cDEP Tmounedon X:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C1ry/rown:NORTHANDOVER
the Final Order shall also hearted in the Regishys Grantor Index underthe name of the owner ofthe land upon which the
proposed work ism be done.In the case of the registered land.the Final Order shall also be noted on the Land Court
Certificate ofTdle of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form a the end oft is Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10.-A sign shall be displayed at the site not less then two square feet or more thanthee square feet in sive hewing the words,
"Massachusetts DepamnentofEnvim ori mal Protection"
[or'MassDEP"j
File Number'742-1579"
Il. Wherethe 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 farCerlficam of Compliance(WPA Form
8A)in 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 inCondition Xl3 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice oflntent
15. The Agent or members ofthe Conservation Commission and the Department of Environmental Protection shall have the right in
enter and inspect the area subject to this Order m reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any it=deemed necessary by the Conservation Commission or Department for do
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any comrectoror other person perfomdng work conditioned by this Order.
17. Prior to the star of work eM if the project involves work adjacent to a Bordering Vegetated Weiland,the boundary of the
wetland in the vicinity of the proposed work area shall be marred by wooden stakes or flagging.Once in place,the wedand
boundary markers shall be maintained hurl aCortificam of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully slabilimiwith vegdatimin
other means.At no time shall sediments be deposited in awedanw or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems it=occur a[the site and shall also immedimely notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedinu mation barriers shall serve as the land of work unless another Smit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the'Project")is(I) r isheamr. subjecttothe Massacbusmts Swrmwmer Standards.
Ifthe work is subject in Sterr water Standards,then the project is subject an the following conditions;
a) AO work including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation cannot plan and,if applicable,the
StormwaterPollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Swrmwater Standard S.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place unfit the ate is fully stabilized
b) No stmmwaterrunofl may be discharged inthe post-construction swmhwater BMPs mdess and until a Registered
ProfessionalEngineer pmvides aCertifimfimthat i.all construction period BMPs have been mnovedor will be removed by
a date certain specified in the Certification.For any construction period BMPs handed to be converted to post corstructiot,
operation for summoner attenuation,recharge,and/oroxatmem,the conversion is allowed by the MassDEP Swrmwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post consomficn operation,
including removal of all construction period sediment rapped in inlet and omlet control structures;u.as-built final construction
BMP plans are included,signed and stamped by aRegi tiered Professional Engineer,verifying the site is fully stabilized;ut,
any illicit discharges to the swrtnwater management systere have been mmoved,as per the requirements ofSwrtnwmer
Page 5 of 10•ELECTRONIC COPY
UMassachusetts Department of Environmental Protection Provided by Mas;DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1579
WPA Form 5-Order of Conditions eDEP Transection#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cuylfown:NORTH ANDOVER
Standard 10;iv,all post-construction stormwazerBMPsare mantled 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
proper woddng condition;v.any vegetation associated with post-wns[nrction BMPs is suitably established to withstand
erosion.
of The landowner is responsible for BMP maintenance until the issuing authority is notified fietmother party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certficate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Stramem")for the StmmvmtcrBMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate ofConpliarce,and ii.)the fuNre responsible parties
shall be notified in writingoftheir ongoing legal responsibility to operate and maintain the stomnwater management Ewe and
implement the SmrmwmerPollution Preve inn Plan.
d) Post-coreoudionpollution preveation and source control shall be implememed in accordance with the long-term pollution
prevention plan section of the approved summoner Report and,ifapplicable,the Stotmwater Pollution Prevention Plan
required bythe National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and unfil another party accepts responsibility,the landowner,or owner of my drainage easement,assumes
responsibility fm maintaining each BMP.To overcome this presumption,the landowner of the property must submit in the
ssuingarthority a legally binding agreement of record,acceptable in the issuing authority,evidencing ded MAA entity has
accepted responsibility for maintaining the BMP,and thin die proposed responsible party shall be treated as a pemrims,for
purposes of implementing the requirements of Conditions 19(f)though 19(k)with respect to Naz BMP.Any Nilure of the
proposed responsible party to implement the requirements ofConditions 19(f)through 19(k)with respect to that BMP shall
be aviolation ofthe Order of Conditions or Certificate of Compliance.In the rase ofstormwmerBMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots thin will be serviced by the stormwaterBMPs.A plan 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
I) The responsible party shall operate and maintain a]I stormwatenBMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormoven rHandbook
g) The responsible patty shall:
1.Maintain an operation and maintenance log for the last it=(3)consecutive calendar years of inspections,repairs,
maintenance ad/or replacement ofthe stormwaxrrmanagement system or any partfierw&and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site in evaluate and ensure
thin the responsible parry is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issung authority.
h) All sediment or other contaminants removed from stonnwmer BvlPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
it Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwmer management system approved in the Order of Conditions shall not be changed willwmthe poor wrimin
approval ofthe issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(a;defined in are
MassDEP Stamwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall nm be altered
without the prim written approval of(he issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed wood
smrmwata BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACH®
Page 6 of 10•ELECTRONIC COPY
LIMassachusetts Department of Environmental Protection Provided by MmDEP:
Bureau of Resource Protection-Wetlands Ma%DFP File 4:242-1579
WPA Form 5-Order of Conditions eDEP Th=wfion#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Citylrow NORTH ANDOVER
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by M&%DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1579
WPA Form 5-Order of Conditions eDEP Transaction#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'own:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hereby(check one that amber)
a. r DENIES the proposed work which cannot be conditioned to
n uet the standards act forth in a municipal ordinance or bylaw
specifically
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work ou this project may not gm forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and afinal Order or Conditions is issued.Which are necessaryto
comply with a municipal ordinance or bylaw:
b. APPROVES thproposed p e p Posedwork,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw W OTEC DS 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Nome of
hrtentreferenced above.To the extentthatthe following conditions modify or differ from theplans,specifications,mother
proposals submitted with the Notice of Went the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED
Page 8 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFilc#:242-1579
WPA Form 5-Order of Conditions eDEP Transaction#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Ibwn:NORTE ANDOVER
E. Signatures
This Order is valid£orthreeyears from the data ofissuance,unless otherni,specified
pursuaMto General Condimr#4.IfthisisenAmended OrderofConditions,the Amended o
1.Dale EOngmal Order
Order expires on the same date as the original Order of Conditions. `%
Please indicate the number of members who will sign this form.This Order must he signed by 2Number of Si
a majority of the Conservation Commission. snars
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant A copy also must be mailed
a hand delivered 9the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,ifdiRerent Gom applicant
Signatures:
r
41
hb an da}very on r116y certified mail,return receipt requested,on
'oil�
Dam Date
F. Appeals
The applicnal,the owner,any person aggrieved by this Order,any ownerofland abutting the land subject to this Order,many ten
residentsofthecitymtownin whichsuch land is located,are hereby notified ofti irright an mquesttheappropriate MWDEP
Regional Officeto issue a Superseding OrderofConditiona The request must he made by certified mail or hand deliveryto the
Department;with the Appropriate filing fee and a completed Request for Departmental Action Fce 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 shall9(be same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant ifhdshe is not the appellant
Any appellants seeking an appeal the Departments Superseding Order associated with this appeal will be required to demmstrate print
participation in the review of this project Previous participation in the permit proceeding means the submission of written information to
the Cometvation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing writu n information
to,the Department prior to issuance of Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does net
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(3 10 CMR IOOD).To the edam that the Order is based on a municipal ordinance orbylaw,
and not onlhe Massachusetts Wetlands Protection Act or regulations,the Depaztniem has no appellatejurisdiction.
Page 9 of 10*ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by Mae1)EP:
Bureau of Resource Protection-Wetlands MassDFP File X:242-1579
WPA Form 5-Order of Conditions eDEP Transaction X:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CIVIown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Re®stry 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 notes of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Cour Certificate of Tide 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 listed below.
NORTHANDOVER
Conservation Commission
Detada on dotted line,have stamped by the Registry ofDecds and submit to the Conservation Commission.
.......................................................................................................................................................................-.................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
554 FOSTER STREET 242-1579
Project location MmsDEPFileNuteber
Has been recorded at the Registry of Deeds of
Coanty Book Page
for.
Property Owner ELIZABEMANDRUKAITIS
and has been noted in the chain of tide of the affected property in:
Bank Page
In accordance with the Order of Conditions issued on:
Date
ffrecorded land,the instrument number ideatifyiagailstransaction is:
Inenesco Number
If registered land,the docmnenl number identifying this transaction
Document Number
Sigoatare of Applicant ar.d'�rsoio
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242- 1579
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: replacement of a failed septic system including septic
tank and leach field. All work is within 100 feet of Bordering Vegetated Wetland
(BV W)and is also within Riverfront Area(activity is exempt-no increase in system
capacity proposed).
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Property Owner: Elizabeth Andrukaitis
554 Foster Street
North Andover,MA 01845
Applicant: Joann Runions
Power of Attorney for Elizabeth Andrukaitis
20 Washington Street-#11
Methuen,MA 01844
Notice of Intent filed by: Bill Dufresne
Merrimack Engineering Services
66 Park Street
Andover,MA 01845
Site Plans prepared by: Merrimack Engineering Services
Title: Upgrade Plan of Subsurface Sewage Disposal System
Dated: 11-8-12(2 sheets)
Last revised 12-8-12(2 Sheets)
Signed and Stamped by:Vladimir L. Nemchenok,P.E.
Wetland Delineation by: Norse Environmental Services,Inc.
92 Middlesex Road,Unit 4
Tyngsboro,MA 01879
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
242-1579,554 Foe Si OOC 1 NACC 12/202012
DEP FILE#242- 1579
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). In addition,the property is within the 200-
foot Riverfront Area associated with mean high water of Fish Brook.The proposed
septic system replacement is exempt from the standards of the Riverfront Area
regulations (310 CMR 10.58(6)(c));however,any future activity on the lot may be
subject to the Act and Regulations. Bordering Land Subject to Flooding(BLSF)is also
identified on the approved FEMA floodplain maps for this parcel. The proposed work
is located outside of this resource area but future development on this lot would need
to identify the location of this resource and abide by the performance standards
established by the Wetland Protection Act,the Bylaw and the associated regulations.
These resource areas are 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
(Wetland Flags 1A-11A) as shown on the site on the plans dated referenced herein.
Additional resource areas,as outlined in Condition#32 above,are not identified on
the herein referenced plans.
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(50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced plan.
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. No
disturbance of existing grade,soils or vegetation is permitted irk the No-Disturbance
zone. (See Section 3.4£a Appendix F of the local Regulations).
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. 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.
242-1579,554 Foster Street OOC 3 NACC 1220/2012
DEP FILE#242- 1579
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials,stockpiling of soil,or construction
activity is to occur beyond this line at any time.
44. A silt sock 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.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 hay bales and stakes for staking(or an equivalent amount
of silt sock). Extra erosion controls 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
$1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof,shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is issued
under the authority of the local ByLaw.
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
242-1579,554 Foster street OOC 5 NACC 12202012
DEP FILE#242- 1579
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 Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
52.There shall be no 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 progress reports weekly (as
part of the erosion control monitoring report Condition#48 above) 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. Dewatering activities are not proposed as part of this project. 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.
56. 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.
242-1579.554 Foster Street OOC 7 NACC 122012012
DEP FILE#242 - 1579
AFTER CONSTRUCTION
65. 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.
66.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
LOMassachusetts Department of Environmental Protection Provided byMasDEP:
Bureau of Resource Protection-Wetlands MssDEP File#:242-1579
WPA Form 5-Order of Conditions -DEP Trensactim#:528529
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City1rown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic fat E cubic fee[ g.cubic fat h.cubic Cee[
8.r Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
e.cubic feet d.cubic feet e.cubic feet E cubic ices
9.r RiverfmntArea
a total sqfeet b.total sq.feet
Sq ftwilhm loo ft
c.squmefea d.square feet e.squarefm C.squmefeet
Sq ft between 100-200 ft
g.squmefm hsquarefat i.squaefeel j.square fat
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alte lion Replacement Replacement
lo.r Dcsigoaud pat Areas Indicate rim under Land Under the Oceaq below
11.r Land Under the Ocean
a square feel b.square feet
c.cly dredged d.Gy dredged
12.r Barrier Beaches Indicate Sim under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
TN-feet b.squarefeet c.d naaishmam d.c/y nourishmem
14.r Coastal Dunes
TN--feet b.square feel a vy no.d..s d dynmmNumm
15.r Coastal Banks
DEP FILE#242 - 1579
APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKATLEAST 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 arNACC number)
the North Andover Conservation Commission.
&/or
2_ 1 a the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
242-1579,554 Foster Street OOC I l NACC 12202012