HomeMy WebLinkAboutMiscellaneous - 104 FOXWOOD DRIVE Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 813 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1493
J Provided by DEP
-----------------
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Natalie Donahue
only the tab key Name
to move yourcur104 Foxwood Drive
use theor-do not
use the return Mailing Address
key. North Andover MA 01645
_� Qty?own State Zip Code
k/-1NI
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Natalie Donahue
Nama
September 14 2010 242-1493
Da ed
DEP File Number
3. The project site is located at:
104 FOXWood Drive North
Street Address C'yAndover
/th
Mao 65 Parcel 271
Assessors Map/Plat Number Pa—VLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(RdiHerent)
Essex North 12191 39
CountyBook
Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
9/21/11
Date
w vumeemo•rev.1wavos
WPA Fmm S.Cevirl.eof Complanw Pse 103
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 86 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1493
PmMed 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 satisfactonly
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Conditions has lapsed and is therefore no longer valid.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 9 2p//
Conservation Cammisslon
Dare 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
ht�oY/www mass Dovldeo/abouVrecion/findvour htm).
Signatures:
xvarmau.aa•rr..tmwe
VrPA Fmn BB,Ce,tfflfalB MCmmpllanre•Pam 20l]
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 2
PrWided 3
ovidatl M 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.
fo:------------------
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North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
104 Foxwood Drive 242.1493
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for.
Natalie Donahue
Property Owner
and has been noted in the chain of title of the affected property on:
Dae 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 of Applicant
.p.n,ravmc•m..t�aaas
WPR Fmn 80,Cetififate 0 Complianr¢•Pie 3IN 3
Town of North Andover
,
cr �l of the Conservation Department
TO,,,., Fel
Community�`17evelopment and Services Division
MUM AN 8: y 1600 Osgood street
;orth Andover,Massachusetts 01845
f ,ITH AT . Telephone(978)688-9530
P1A$$ ly Pax(978)688-9542
CONSERVATION COMMISSION
PUBLIC HEARING
Pursuant to the authority of the Wetlands Protection Act,Massachusetts General Laws Chapter 131, Section 40,
as amended,and the North Andover Wetlands Protection Bylaw,the North Andover Conservation Commission
will hold a public hearing on:
WEDNESDAY,Autmst 25.2010 at 8:00 P.M. in the Town Hall Meeting Room 2'Floor located at 120 Main
Street,North Andover,MA 01845.
For the filing of a Notice of Intent by(applicant)Natalie Donahue
To alter land at 104 Foawood Drive,Mao 65 Parcel 271
For the purpose of the construction of a sunroom deck_and natio within the Buffer Zone to Bordering
Vegetated Wetland and within Buffer Zone to intermittent stream
Plans are available at the Conservation Office, 1600 Osgood Street,Building 20, Suite 2-36.
By: Louis Napoli,Chairman
N.A.C.C.
APPLICANT INFORMATION,
Run once in the Lawrence Eaele Tribune on Tuesday Atiust 17 2010
DELIVER OR FAX THLS LEGAL NOTICE TO THE LAWRENCE EAGLE TRIBUNE BY:
Friday,August 13,2010,by noon
Amlicant(s)must brine Proof of Publication of this Leeal Ad to the meeane
Tribune Fa #:877-()27-9400
Legal Ad Billing z hZ
Natalie Donahue
104 Foxwood Drive
North Andover.MA 01845
Phone#978.857.4068
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANNING 688-9535
RECEIVED
NOTIFICATION TO ABUTTERS 2010 AUG -9 AM 8 34
Under the Massachusetts Wetlands Protection Act
& 10; N
The North Andover Wetlands Protection Bylaw �gpNOCRTHH ANDG
In accordance with the Massachusetts General Laws,Chapter 131,Section 40'B JJti�etl,and
the North Andover Wetlands Protection Bylaw,(Chapter 178),you are hereby notified of the
following:
The name of the applicant is Natalie Donahue
The applicant has filed a Notice of Intent with the North Andover
Conservation Commission(NACC)for the purposes of construction of a sun room,deck and
patio within the Buffer Zone to an intermittent stream.
at 104 Foswood Drive
The North Andover Conservation Commission will hold a public hearing on
WEDNESDAY,August 25,2010 at 8:00 P.M.at the Town Hall,120 Main
(date)
Street,2oa Floor Conference Room,North Andover,MA 01845.
Copies of the Notice of Intent may be examined at
Conservation Department, 1600 Osgood Street,Building 20, Suite 2-36,North Andover,
MA 01845 Monday through Friday, 8:30 a.m.to 4:30 p.m.Please call the Conservation
Department at 978.688.9530 beforehand to verify arrangements.Copies may be available
for a fee.
Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from
the Conservation Department at 978.688.9530.
NOTE:Notice of the public hearing,including its date,time,and place will be published in the
Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing
date.
NOTE: Notice of the public hearing, including its date,time,and place will be posted
in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to
the public hearing date.
NOTE: You may also contact the Conservation Department or the Northeast Regional
Department of Environmental Protection Office for more information about this
application or the MA Wetlands Protection Act.To contact the Northeast Regional
Department of Environmental Protection Office,call 617.654.6500.
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1493
WPA Form 5-Order of Conditions eDEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/foun NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a, r OOC b.r Amended OOC
3.Applicant Details
a FirstNvne NATALIE b.Last Name DONAHUE
C.Organvati®
d.Mailing Address 104 FOXWOOD DRIVE
e.City/rouv NORTH ANDOVER Estate MA g.Zip Code 01845
4.Property Owner
a FirstNamc b.Last Name
c.Orgartmoo l
d Mailing Address
e.Cay/fown Estate g.yip Code
5.Project Location
a.Stnxt Address 104 FOXWOOD DRIVE
b.Citylrowa NORTH ANDOVER c Zip Code 01845
d Assessors Map/Plat#65 c.Parc l Lot# 271
f Istitude 42.66604N gLmrgibrde 71.0779W
6.Property recorded at the Registry of Deed for:
a.County Is.Certificate c.Book d.Page
NORTHERN ESSEX 9982 209
7.Dates
a Date NOl Filed:8/6/2010 b.Date Public Hearing Closed 9/132010 c.Date Oflssuance: 9/14/2010
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: a Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
104 FOXWOOD SULLIVAN JOHN D.SULLIVAN III,P.S.
DRIVE,PLOT PLAN GROUP,ENGINELLC AND SCOTT L.GILES,FLS August 31,2010 1"=20'
OF LAND GROUP,LLC
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wedands MMSDEP File#:242-1493
L,11
WPA Form 5-Order of Conditions eDEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CSI a.:NORTHANDOVER
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing this Commission finds that the areas in which work is proposed is signlficaattothe following interests of
the Wetlands Protection Act.
Checkalithatapply:
a. r Public Water Supply b. r Iarmd Cormlakming Shellfish c.r Prevention of Pollution '
d. E Private Water Supply e. r Fisheries f r PmtectionofWildhfe[iabitat
.g.-F Ground Water Supply h. r Sures Damage Prevention i. r Flood Conaol
2.Commission hereby fords the project,as proposed,is:
Approved subjectto:
a.F The following conditions which are necessary in accordance with the perfomrance standards set forth m the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the cancer that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to mcet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forwardrnless and until a new Notice of intent is submitted which provides measures which are
adequate to prdect interests of the 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 in describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protecdon Act Therefore,work on this project may not go forward unless arduntil a revised Notice of
Intent is submitted whichpmvides sufficient information and includes measures which are adequate to protect the interests of die
Act,and a final Order of Conditions is issued A description of the specific Information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone lmpacts:Shortestdistance between limit ofproject disturbance and the worked resource 25
area specified in 310CMR10.02(1)(a). a linear feet
Inland Resource Area Impaeta(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
alurearfeet b.linear Cel c.lhmeorfeet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square Cees d square feet
6. I Landunder Waterbodiesand Walnways
TN--fm 7;4 feet a square feet d a pore feet
e.o'ydredged f.sty dredged
7.r Bordering Land Subject to Flooding
a.square feet b.xpnre feet c.amore feet d sgm.e,.Leet
Page 2 of 10*ELECTRONIC COPY
LAMassachusetts Department of Environmental Protection ProvidedbyMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1493
WPA Form 5-Order of Conditions eDEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/foa NORTHANDOVER
Cubic Feet Flood Storage
e.orbic feet Tc feet g.cubic feet h.cubic feet
8.r Isolated Ind Subject to Flooding
a square feet h.square feet
Cubic Fat Flood Storage
c.cubic fat d cubic feet e.cubic feet f cubic feet
9.r Riverboat Am
a.total sq.fat b.tend sq.fat
Sq ftwidun 100 it
c.square feel d square fat e.square feet f,square feet
Sq ft between 100-200 R
g.square fat h square fat 7-N.-feet j.square feet
Coastal Resource Am Impute:
Resource Area Proposed Permitted Proposed Pemritted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square fat b.square feet
c.dy dodged d.aly dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a egnare fee[ b.square fee[ c.rtyna¢islmtem dctynounsbmeat
14.r Coastal Dunes
a square feet b.square feet e.rty nowislweat d Nynourishment
15.r Coastal Banks
a linearfeet b.linearfcet
16.r Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a.square fat b.square feet c square feet d square fat
18.r Land Under Salt Ponds
a square feet b.square feet
a dy dredged d cry dredged
19.r Land Contai ungsbettas,
a.square feet b.square feet c.square feet d square fret
Page 3 of 10*ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection provided byM=DEP:
Bureau of Resource Protection-Wetlands Ma.DEP File#:242-1493
WPA Form 5-Order of Conditions eDEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/rown:NORTHANDOVER
Indicate sim under Coasla]Banks,inland Bank,Land Under the
20.❑Fish Rums Occon,and/or inland Land Under Waterbodies and Waterways,
above
c.dy dredged d.dy dredged
21.fl Land Subject to Coastal Smrm Flowage
a.square feet b.square feet
22.
177 Restoration/Enhancement(For Approvals Only)
If the project is for the purpose ofmuching or enhancing a wetland resource area m addition to the square footage that has been
entered in Section B.5.c&dm B.17.c&d shove,please entered the additional amount here.
a square feet of BV W b.square feet of Salt Marsh
23.
C Streams Crossing(s)
If thepmjectinvolves Stream Crossings,please mterthe number of new,stream crossings/numberofreplacement sno,mcrossings.
ammrberufnewstearncrossings b.number of replacement abeam erossings
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 staake and other regulatory measures,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 authorize my injury to private property or
invasion oflmon o rights.
3. This Order does not relieve thepemrittee ry my other person ofthe necessityofcomplying with all other applicable federal,
state,or local stamp s,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within thme years from the date of dos Order unless either ofthe following
apply
a the work is a maintenance dredging project as provided for in the Acs or
b.the time for completion has been extended to a specified data mom than those years,but less than five
years,from the date of issuance.If this Order is intended an be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Ord".
5. This Order may be extended by the issuing authorityfor one ar more periods ofuptotivee years each upon application to the
issuing authority aleast 30 days prior to the expiration data of the Order.
6. Iftms Order constitutes an Amended Omer of Conditions,this Amended Order of Conditions does not exceed the issuance
date ofthe original Final Order of Conditions.
7. Any fill used in correction with this project shall be clean fill.Any fill shall cousin no hash,refuse,rubbish,or debris,including
bre not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
say of the foregoing
S. This Order is not final mail all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shill beunderuken until the Order has become find and then has been recorded in the Registry of Deeds or the Land
Court far the district in which the land is located,within the chain of title of the affected property.In the case of recorded lard,
Page 4 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MessDEP File#:242-1493
WPA Form 5-Order of Conditions ,DEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NOR1HANDOVER
the Final Order shall also be noted in the Regisays Grantor bides under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted an the Land Court
Certificate of Title of the owner of the lard upon which the proposed work is done.The recording information shall be submitted
m the Conservation Commission on the format the end of this Order,which form roust be stamped by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall be displayed in the site net less then two square feel or more than three square feet in see bearing the words,
"Massachusetts Department of Environmental Protection"
(or'MassDEP"j
File Number:"212-1493"
11. Where the Department of Environmental Protection is requested m 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 described herein,the applicant shall submit a Request for Cerdficate ofCompliance(WPA Farm
8A)in the Conservation Commission
13. The work shall conform to the plans and special conditions referenced in dus order.
14. Any change to the plans identified in Condition#13 above shall require the applicamto inquire of the Conservation Commission
in writing whether the cheap is significant enough in require the filing of a new Notice effluent
15. The Agent or members of the Conservatian Commission and the Department ofEnvironmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated inrids
Order,and may require the submitral ofany data deemed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shall apply in any successor in interest m successor in control of the property subject in this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start ofwork and ifthe project involves work adjacent to a Bordering Vegetated Wetland the boundary of the
wedamd in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the washout
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Catservation Commission.
18. All sedimentation barriers shall be maintained m send repair until all climbed areas have been fully subdued with vegetation or
other means.At no time shall sediments be deposited in awedand or water body.During mnshucdon,the appl kant or hisdher
designee shall inspect the erosion controls m a daily basis and shall remove accumulated sediments as needed The applicant
shall immediatlycreated any erosion problems that occur at the site and shall also immediately unify rise Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
sedimentation barriers shall save as the limit ofworkunless another limit ofwork line has been approved by rids Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work assocutedwith this Order(the'Tmject")is(1) 17-i isnot(2)F subjectto the Massachusetts;Stormwater Standards.
If fie work is subject to Stonnwater Standards,two the project is subject to the following conditions;
a) Ali work,including site prepamLon,lad disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion ad sedinentation control plan and ifapplicaldc,the
StotmwsterPollution Prevention Plan required by the National Pollutant Discharge Ehounimm System Construction General
Permit as required by Stonnwater Standard 8.Construction,period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain or place unfil the site is fully stabilized
b) No stonnwater mnoffmay be discharged in the post-consbactionMurmurer BMPs unless and until a Registered
Professional Engineer provides a Cenificat err that:i.at construction period BMPs have been removed or will be removed by
a data certain specified in the Certification.For any construction period BMPs intended in be converted to post construction
operation for smnnwme'attenuation,r,chargo and/or trestne d the conversion is allowed by the MassDEP Stammerer
erer
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and odd control structures;m.as-built final construction
BMP plans sm included,signed and stamped by a Registered Professional Engineer,certifying the site is fin]ly serialized;iii.
try illicit discharges to the stmmwater management system have been removed,as per,the requirements ofStormwater
Page 5 of 10*ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1493
WPA Form 5-Order of Conditions eDEP Tmnsac6on#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
Standard 10;iv.all post-coarraction smmrwa[erBMPs are installed in arcmdance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to crime tat they are not damaged and that they are in
properwoddng cmdltM v.arty vegetation associaredwiN post-constitution BMPs a suitably established to withstand
erosien.
c) 'fie landowner is responsible for BMP maintenance until the issning authority is notified that mother party bas legally assumed
responsibility for BMP maintenance.Prior m requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible Party(defined in General Condition 19(e))shall exec We and submit to the issuing authority an Operation and
Maintenance Compliance Statanerst("O&M Statement')fm the StamwaterBMPs identifying the party responsible for
implementing the s[ormwatereMR 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 fatum responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stommater management BMPs and
implctrent the SmrmaromPollution PreventionPlan.
d) Post-constructionpolhrtim prevention and source conttol shall be implemmtedin accordance with the long-term pollution
Prevention plan see ion ofthe approved Stormwater Report and,if applicable,the Savicamor Pollution Prevention Plan
required by[b:National Polluted Discharge Elimination System Multi-Sector General Permit
e) Unless and until another party accepts responsibility,the landowner,or owner of my drainage easement,reasons,
responsibility for maintaining each BMP.To overcome this presumption,the landmvner of the property most submit in the
issuing authority a legally bindingagrcement ofrecord,acceptable to de issues authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as aperrwoee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any babes of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect an that BMP shall
be a violatim of the Order of Conditions or Certificate of Compliance.In The case ofstormwaterBMPs that are serving more
than one lot,the legally binding agreement shall also identify One Ins that will be serviced by the stormwaterBMPs.Aplan and
ememen[decd that grants the responsible parry access m perform the required operation and maintenance mus[be submitted
along with the legally binding agreement
0 The responsible party shall operate and maintain all stamwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts StormwaomHandbook.
g) The responsible party shall:
1.Maintain an operation and maintenance lag for the lest three(3)consecutive calendar years of inspections„repairs,
maintenance and/or replacement of the stonmvater management system or my part thereof,and disposal(fodisposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available in MassDEP and the Conservation Commission("Commission')upon request;and
3.Allow members and agents ofthe MaaaDEP and the Commission to enter and inspect the site in evaluate and ensue
that the responsible party is in compliance with the requimcaents for each BMP established in the O&M Plan approved by
theissuingatNtotity.
h) AO sediment or other mrunminan6 removed from stoawater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
it Illicit discharges b the stonmvater management system as defined in 310 CMR 10.04 are prohibited.
j) The smrmwatermanagement system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low,Impact Site Design Credit(ss defined in the
MassDEP Sormmater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/m replacement of3MPs shut net be withheld.Any ferwmg constructed=and
stomtwater BMPs shall include.ceas gates and shall be a least sir inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Pmvidedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1493
WPA Form 5-Order of Conditions eDEP Transaction 4334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C4yTowa:NORTH ANDOVER
Page 7 of 10"ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1493
L I WPA Form 5-Order of Conditions eDEP Transaction 4:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r- No
2. The Conservation Commission herebv(cheek one that=fies)
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth m amunicipal ordinance or bylaw
specifically-
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued Which are necessary to
comply with a municipal ordinance or bylaw:
b. f✓ APPROVES theproposedwodr,subjecttotlafollouovg
additional conditurs.
l.MunicipalONinenceorBylaw TOWNOFRNORTH 2.Citation CHAPTER 178
3. The Commission ordmthat allwork shall be performed in accordance with the following conditions and with the Notice of
Interamfaencedabove.Tothe eskntthatthe following conditions modify ordiffer from the plans,specifications,or other
proposals submittedwifla d eNoace ofIntent,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:
Bureau of Resource Protection -Wetlands 242-1483
n\\
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
E. Signatures q
This Order is valid for three years,unless otherwise specified as a special l ��
condition pursuant to General Conditions 94,from the date of issuance. 1. ate uancs
Please indicate the number of members who will sign this form.
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 electro cally,and the property owner,if different
from applicant. ` ��L
Signatures:
C.�
❑ by hand delivery on Ef by certified mail,return receipt
requested/ ,on
9 /
Date Date
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.
wna,ns.ex. nv.av G
Ppa11 d1t
0Massachusetts Department of Environmental Protection Provided by MassDEP:
/y`1j1\ Bureau of Resource Protection-Wetlands MassDEP File#:242-1493
WPA Form 5-Order of Conditions eDEP Transaction#:334512
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CItY/rown:NORTHANDOVER
G. Recording Information
This Order OfCOnditiore ro=be 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 lend the Final Order shall also be noted in the Registr5+s
Grantorindsc order the name of the owner ofthe land subjectin the Order.In die case ofcogistered land,this Order shall al so be
acted on the land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be sobminedm the Conservation Commission listed below.
NORTH ANDOVER
Coavervatioo CanMasim
Dench on dottedhuc,have slsmpedbythe Registry ofDecds and submit in the Conservation Com®ssion.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
ConeervatlmCommission
Please be advised that the Order of Conditions for the Project at:
104 FOXWOOD DRIVE 272-1493
Project location MmOEP File Number
Has been recorded at the Registry of Deeds of
Gouty Hook Page
far
Property Owner
and has been noted in the chain of title oftbe affected property in:
Book Page
In accordance with the Order of Con litiaos issued on:
Date
If recorded land,the ivsmmnanumber identifying this transaction is:
InarnnconNumber
Ifregistered land the document number identifying this intonation is:
Documem Number
SignatureofApplicmt s...avta�o
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242 - 1493
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:removal of an existing deck,construction of a sunroom
addition(approx. 18' x 14')constructed at grade on sono-tubes with cultec recharge
system to collect roof drainage,attached deck(approx. 12'x 7),and paver patio with drip
trench,tree removal(seven(7)mature trees outside the 25-foot No Disturbance Zone) and
landscaping with appurtenant site work and grading within 100 feet of a bordering
vegetated wetland and intermittent stream.
21.The work shall conform to the following:
Applicant&Property Owner: Natalie Donahue
104 Foxwood Drive
North Andover,MA 01845
Notice of Intent Prepared by: Richelle Denney
Arrow Environmental,LLC
26 Palanga Streeet
Methuen,MA 01844
Dated: August 4,2010
Site Plans prepared by: Sullivan Engineering Group,LLC
22 Mount Vernon Road
Boxford,MA 01921
Titled:104 Foxwood Drive,Plot Plan Located in of Land in
North Andover, Massachusetts
Prepared for Lucas&Natalie Donahue
Dated:July 28,2010
Revised: August 31,2010
Other Record Documents: Letter from Natalie Donahue
Dated: August 24,2010
Titled: Proposed Ground and Trees Work for
Notice of Intent,104 Foxwood Drive, North Andover, MA
DEP File#242-1493
242-1493,104 Fozwwd Drive DOC.doc 1 NACC 9/14/2010
DEP FILE#242 - 1493
22. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
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.
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31. This Order of Conditions is issued in addition to that issued under File No. 242-683. A
Partial Certificate of Compliance was issued on 7/26/06.
32. 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).
33. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BV W)and Inland Bank of an intermittent stream 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 these resource areas to the identified interests.
34.The NACC inspected and confirmed wetland flags Al through A6 as shown on the
revised plan dated and referenced herein.The wetland was delineated by Arrow
Environmental, LLC on 7/20/10.
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 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 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.
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 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.
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
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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 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 242-1493"
41. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing(at the expense of the applicant).Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
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 the construction of restoration
areas,installation of sedimentation/erosion control devices and re-vegetation to be
completed before other work begins on-site. Approval of the phasing plan 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 and enumerated 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
242-1493,104 Fozwood Drive 00C.doc 4 NACC 9/14/2010
DEP FILE#242 - 1493
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.
45. A row of staked hay bales backed by trenched siltation fence 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 10 hay bales and sufficient stakes for staking these bales(or an
equivalent amount of silt fence,I 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.The seven(7) trees to be removed and stumped should be marked with paint or flagging
tape prior to the start of construction.
48. 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 NACCs
review and approval. This condition is issued under the authority of the local ByLaw.
49. The applicant shall designate a Wetland Scientist(or other environmental professional as
approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
242-1493,104 Foawood Drive OOC.doc 5 NACC 9/14!1010
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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.
50. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report from the"Erosion Control Monitor' to the NACC certifying that, to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation,turbidity,and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1" inch of rain or greater(24 hour event) to ensure that soils remain
stable,and erosion controls are adequate and secure.
51. Prior to construction,the applicant shall permanently mark the edge of the"25-foot No-
Disturbance Zone' with a minimum of six(6)wetland 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. These 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 may be obtained from the Conservation Department
($2/round and$3/square).
52.Prior to the commencement of any work on site the applicant/contractor shall stake the
addition and patio corners. These measurements will be verified in the field during the
pre-construction meeting.
53.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.
242-1493,104 Foxwood Drive OOC.dm 6 NACC 91142010
DEP FILE#242- 1493
54. 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
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
55.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
56.Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
57. 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.
58. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
59. 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.
60. The existing driveway shall serve as the construction access for the project and shall be
swept daily to remove sediment deposited by construction vehicles accessing the site.
If an alternative access is utilized, a crushed stone construction entrance shall be
installed to minimize soil / material tracking onto Foxwood Drive. All construction
242-1493,104 Fozwood Drive OOC.doc 7 NACC 9114r2010
DEP FILE#242 - 1493
vehicles must access the site through the construction entrance. This entrance shall be
reinforced as necessary. If additional construction access is needed,crushed stone shall
be placed at the entrance to minimize soil/material tracking.
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.
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 erosjon controls shall be in
place throughout the duration of any construction on site or unless authorized by the
Conservation personnel.
63. No de-watering activities are proposed. 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 a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 1n of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay 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 with a layer
of mulch hay or other 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.
67. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
68.There shall be no stockpiling of soil or other materials within 100 feet of any resource
area. Soils or other materials shall be stockpiled in locations approved by this
department or within the designated areas as shown on the approved plan referenced
herein.
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69.Washings from concrete trucks,or surplus concrete, shall not be directed to,any
drainage system,or wetland resource area. If concrete truck washing is required an
area for this activity shall be designated and approved by the Conservation
Department
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
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:
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DEP FILE#242 - 1493
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
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.
D Distances from structures to wetland resource areas. Structures include(but
are not limited to)septic systems,additions,fences,sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
77. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1493. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (refer to Section
242-1493,104 Foxwood Drive OOC.dw 10 NACC 9/14/2010
DEP FILE#242-1493
3.4(page 15)of the Regulations for performance standards within these
zones)The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers(Condition#51);
➢ Fieldstone Wall (Condition#61)
➢ Discharge or spillage of pollutants (Condition#71);
➢ Prohibition of underground fuels (Condition#72);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#73).
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APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized 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 orNACC mmber)
the North Andover Conservation Commission.
&/or
2._ I am the of
(position with owner) (owner mare)
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. 1 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. 1 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)
242-1493,104 Foxwood(hive OOC.doc 12 NACC 9/14/2010