HomeMy WebLinkAboutMiscellaneous - 21 FULLER MEADOW ROAD LOMassachusetts Department of Environmental Protection Provided by MessDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1575
WPA Form 5-Order of Conditions eDEP Transaction#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
A. General Information
I.Conservation Commission NORTH ANDOVER
2.Issuance a r OOC b.r Amended OOC
3.Applicant Details
a Fust Name WILLIAM AND NATALIE b.Last Name KISSEL
c.Organiction
d MailingAddass 21 FULLER MEADOWROAD
e City/Ibwn NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a First Name WILLIAMANDNATALIE b.Last Name KISSEL
c.Orgarunmon
d Mailing Address 21 FULLER MEADOW ROAD
e.Chy/rown NORTHANDOVER fSlate MA g.Zip Code 01845
5.Project Location
a Street Address 21 FELLER MEA DOW ROAD
b.Cdy?own NORTH ANDOVER c.Zip Code 01845
d Assessors Map/P1at# 104D e.ParccELot# 128
f Latitude 42.66947N g.Longitude 71.07396W
6.Property recorded at the Registry of Deed for:
a County b.Certificate c.Book d.Page
NORTHERN ESSEX 16073 DOCUMENT 98288
7.Dates
a Daze NOl Filed: 10/252012 b.Date Public Hearing Closed: 12/12/2012 c.Date Of Issuance: 12/132012
8.Final Approved Plans and Other Documents
a.Plan Title: I.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING RICHARD F.
CONDITIONS KAMINSKI& RICHARD F.KAMINSKL P.E 12/4/12 F=20'
ASSOCIATES,INC.
PROPOSED SITE RICHARD F.
PLAN KAMINSKI& RICHARD F.KAMINSKI,P.E. 1214112 1"=10'
ASSCOIATES,INC.
- __. -n_=�• Iof�uuwlC-COPY. _.
LIMassachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wedands MassDEP File#:242-1575
WPA Form 5-Order of Conditions eDEP Transection#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C71yTownNORTH ANDOVER
B. Findings
].Findings pursuant to the Massachusetts Wetlands Protection Aa
Followingthe review ofthe the above-tcferenced Notice ofldent and based on the information provided in Ons application and
Presented at the public hearing this Commission finds fast the areas in which work is proposed is significant to the following interests of
the Wetlands Porcelain Act.
Check all that apply:
a f+Public Water Supply b. r Land Containing Shellfish c.F Preventive of Pollution
d. F Private Water Supply e. F Fisheries f F ProtxOonofWildlife Habitat
g. F Grund Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subjedto:
a F The following conditions which are necessary in accordance with etre perfomnnce standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice attuned referenced above,the following
General Conditions,and arty other special conditions attached to this Order.To the extent drat the following com itions modify or
differ from the plans,spedficetions,or oder proposals submitted with the Notice oftnted,these conditions shall comorl.
Denied because:
b.r The proposed work caned be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice oflntent is submitted which provides measures which are
adequate to protect interests ofthe Acs and a final Order of Conditions is issued.A description ofthe performance standards
which the proposed work vacant meet is attached W this Order.
c,r The information submitted by the applicant is not sufficient describe the site,the work or me cited ofthe work on the interests
identified in the Wetlands Protection Ad.Therefore,work on this project may not go forward an=and until arevired Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests ofthe
Ad,and a final Order of Conditions is issued.A description ofthe 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 Impacts:Shomestdiaazmce between limit ofproject disturbance and the wetland resource
area specified in 3MCMR10.02(1)(a). a linen fat
Inland Resource Area Impaen:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r-Bank
s liessarfeel b.Ihrearfbd elvrear feet d.livemfeel
5.F Bordering Vegetated Wetland 52.5 52.5 52.5 52.5
a.square fat b.square feet c.square feet d.square feet
6. r Land under Wanabodies and Waterways
a.square fee[ b.square feet c.square feet d.square feet
0 Massachusetts Department of Environmental Protection Provided by MsssDEP:
Bureau of Resource Protection-Wetlands MassDEPFile 4:242-1575
WPA Form 5-Order of Conditions cDEPTtansaction 4:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
c.c/y dredged f c/y dredged
7.r Bordering land Subject to Flooding
a.square fee[ b.square fed c.square fee[ d.square feel
Cubic Feet Flood Storage
e.cubic feet fcubicfed g.cubicfm Itcobic feet
8.r Isolated Land Subject to Flooding
asquerefeet b.squmefe
Cubic Feet Flood Slmage
a.cubic feet dcubic fect TWbujcfed foubicfest
9.r RiverfrontA.
a tocol sq.feet b.total sq.feel
Sq ftwithin 100 ft
c.squarefeer dsquarefat e.square-fed fsq.feet
Sq ft between 100200 ft
g.square feet h.square fed i.square feel j.square feet
Coastal Resource Am Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate sim under Land Under the Ocean,below
11.r Land Under the Ocean
a square feet b.squerefeet
c.cly dredged d dy dredged
12.r Barrier Beaches Indicate sin:wider Coastal Beaches"or coastal Dares below
13.r Coastal Beaches
asquarefeet b.squarefeet c.ctynourishmentddyrwunol cut
14.r Coastal Dunes
a square feet b.squarefeet c.dynouddnmewt d dy nomishmotl
I5.r Coaalal Banks
a linear fee[ b.boearfeet
16.r Rocky Intertidal Shores
asquarefem b.square fat
17.r Salt Marshes
a square fecl b.square fee[ c.square fee[ d.square feet
18.1" Lad Unda Salt Ponds
a.square feet b.square fed
c.dy dredged d.ay dredged
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LIMassachusetts Department of Environmental Protection Provided by MassDEB
Bureau of Resource Protection-Wetlands MassDEP File#:242-1575
WPA Form 5-Order of Conditions eDEP Tmmadion#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
19.r LmdCadammg SheIICW
a square feat b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.rFishRms Ocean and(or Wand Land Under Watabodies and Waterways,
above
c.cry dredged d.cty dredged
21,r Land Subject to Coastal Storm Flowage
a square kat b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose ofreswring or enhancing a wetland resource area in addition in are square footage ad,bas been
entered in Section 13.5.c&d or B.17.c&.d above,please entered the additional amount here.
a square feet ofBV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
Ifthe project involves Stream CmssmA please enter the number of new stream crossings/nomber of replacement stream crassings.
anumberofnewareamcrossings b.number of replacement strewn crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Fail=to comply with all conditions stated herein and with all related wanness and other regulatory measures,shall be deemed
cause m revoke or modify this Order.
2. The Order does nor grant any properly rights or my exclusive privileges;it does not authorize any injury an private properlya
invasion of leivale rights.
3. This Order does not relieve the permittee or any aha person of the necessity of complying with all other applicable federal,
scare,or local statutes,ordinances bylaws,or regulations.
4. The work autlronzed hermWer shall be completed within thme years from the data of this Order unless either of thefollowing
apply
a the work is a maintenance dredging project as provided for in the Act;or
b.the time fa completion has been Wended to a specified date more dean daree years,but less that five
years,from the date of issuance.If this Order is intended to be valid for more than three yeas,the
extension dam and the spatial circumstances warranting the extended time period are set forth as a
special condition in this Other.
5. This Order may be extended by the issuing authorityfor one or more periods of up to thea years each upon application to the
issuing authority at least 30 days prior tothe expvation date of the Order.
6. Iftlas Order constitutes an Amended Order ofConditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Candidate.
7. Any fill used in connection with this project shall be clean fill.Any BB shall contain noaash,refuse,mbbish,or debits including
but not limited to lumber,bricks,plaster,wire,Iadr,paper,cardboard,pipe,ares,ashes,ca igeretors,motor vehicles,or parts of
say of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1575
WPA Form 5-Order of Conditions eDEP Transaction#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cdyfrown:NORTH ANDOVER
mail all proceedings before the Department have been completed.
9. No work shall be undertaken mail the Order has became fund and then has been recorded in the Registry of Deeds or the Land
Coat for the district in which the land is located,within the chain oftitle of the affected property.In the case ofreeorded land,
the Final Order shall also be noted in the Registry's Gana Indent under the name ofihe owner ofthe land upon which the
proposed work is to be done.In the case ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate of Title ofthe owner ofthe land upon which the proposed work's done.The retarding information shall be submitted
to the Conservation Commission on the form at the end ofthis Order,which form mmol be stamped by the Registry of Deeds
prior to the commencement ofwork..
10. A sign shall be displayed at the site not less then two squarefeel or more than three square feet in size hearing the words,
"Massachuseta Department of Envirommmal Protection"
[a, MassDEP"]
File Number:"242-1575"
ll. Where the Department ofEnviroamental Proteetion is requested to issue a Supenwiing Order,the Conservation Comroissioo
shall be a Perry in all agency proceedings and hearings before Mass DEP.
12. Upon completion ofthe work described herein,the applicant shall submit aRequest far Certificate ofCompliance(WPAForm
8A)to the Conservation Commission.
13. The work shall confmmtothe plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice aliment.
15. The Agent or members ofthe Conservation Commission and the Department ofEnvironmentel Protection shall have the right to
enter and inspect the area subject to this Order a reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal ofany data deemed necessary by the Conservation Commission or Department for that
16. This Order ofConditlons shall apply many successor in inrerenorsuccessor in control ofthe property subject m this Order and
many contractor or other person performing work conditioned by this Order.
17. Prior mthe start ofwork,and ifthe project involves work adjacent to a Bordering Vegetated Wedand,the boundary ofthe
wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes or Flagging.Once in place,the wetland
boundary markers shall be maintained until aCerti&ate ofCompfiamce has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully"Hind with vegetation or
other means.At no time shall sediments be deposited in awetland a water body.During construction,the applicant or hislher
designee shall inspect the erosion carols on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control arty erosion problems Out occur atthe site and shall also immedWely notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork not=another limit ofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Orden(the Tmjecl")is(I) f is not(2)P subject in the Massachusetts Stonnwater Standards.
Ifthe work is subject to Stormwma Standards,then the project is subject to the following conditions;
a) AO wok,including site preparation,lead disturbance,construction and redevelopmcrS shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and ifappbcable,the
Summoner oner Pollution Prevention Plan required by the National Polluam Discharge Elimination System Construction General
Permit m required by Suarnwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in plate mail the site is fully sabih d.
b) Nostormviournmoffmay be discharged to the post-conshuc6on smm[waterBMPs unless and until a Registered
Professional Engineer provides a Certification that:i all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs mtemded m be convened to post construction
operation for stamwater attenuation,recharge,and/or treatment,the conversion is allowed by the MasDEP Smrmwmer
Ems 5 of 10*ELECTRONIC COPY
UMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MmDEP File#:242-1575
WPA Form 5-Order of Conditions cDEP Tmnsscdon#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rawnNORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sedimenttrepped in He and outlet cannot structures,ii..atabuilt fired consimi:imn
BMP plans are included,signed and stamped by a Registned Professional Engines,certifying the she is fully stabilisd;in
any illicit discharges to the 9onnwater management system have been removed,as per the requirements ofSunnowater
Standard 10;iv.all port-comist ssin sromwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they ere not damaged and that they we in
proper woreng condition;v.any vegetation associated with past-construction BMPs is suitably established to withstand
erosion
C) The landowner is responsible for BMP maWcmance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting aCeroficats of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit W the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statemem")fm the Stornowshe BMPs identifying the party responsible for
implementing the stout ovita BMP Operation and Maintenance Plan("O&M Plim)and certifying the following:iJ the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and fi.)the future responsible parties
shallbenotified in writing of their ongoing legal responsibility to operate and maintain the stormweter management BMPs and
hmplanedthe StonnwaterPollution Prevention Plan-
it)
land) Post-construction pollution prevention and source control shall be implemented in accordance with the long-tam pollution
prevention plan section of the approved StonnwataReport and,if applicable,the Stonnwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Muni-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of my drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property tried submit to the
issuing authority a legally binding agreement of record,acceptable in the issuing authority,evidencing tat another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shell be treated as apernitree fs
purposes of implementingthe requirements of Conditions 19(t)through 19(k)with respect to tat BMP.Any failme of the
proposed responsible party to implement the requirements ofConditons 19(f)through 19(k)with respect to ded BMP shall
be aviolation of the Order of Conditions orCentificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreemad shall also identify the lots that will be serviced by the attainment BMP&Aplan and
easement dced that games the responsible]arty access to perform the required operation and maintenance must be submitted
along with the legally binding agreaneht
0 The responsible party shall cocaine and maintain all stomhwaterBMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts Summoner Handbook.
g) The hespaeible party shall:
1.Maintain an operation and maintenance log for the last tree(3)consecutive calendar years ofinspectiams,repairs,
momentum and/or replacement of the somnwece management system or any pad thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conmvation Commission("Connmission")upon request;and
3.Allow numbers and agents of the MassDEP and the Commission to errterand inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the imhing authority.
h) All sediment or other contaminmds minoved from storraweterBMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
Illicit discharges in the stormwater management system as defined in 310 CMR 10.04 are prohibited
j) The stormwate rnanageneat system appoved in the Order ofConditais shell 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 bas defined in the
MwDEP SmrnrwaterHandboolc,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall act be altered
without the prior written appoval of the issuing authority.
U Access for matumm cce,repair,and/or replacemadofBMPs shell not be withheld.Any fencing constructed immnd
_ __ Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Providedby MMDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1575
WPA Form 5-Order of Conditions eDEP Transaction#:527451
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 ChyHbwn:NORTH ANDOVER
StOffa ater BMWs shall include access gates and shall be at least six inches above Bade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED
Ease 7 of 10•FI.ECTRONIC COPY
L13Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1575
WPA Form 5-Order of Conditions eDEP Tmnsertion#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. Tbe Conservation Commission here4(chock one that=lies)
a r- DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may notgo forward notes and until arevised Notice of from is submitledwloch pevides
measures which are adequate to meet Nese annuitants,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. APPROVES the
F proposed work,subject to the following
additional conditions
NORTH ANDOVER
1.Municipal Ordinance mBylaw WETLANDS
2.Citation CHAPTER 178
PROTEBYLAW
3. The Commission orders that as work shall be performed in accordance with the following conditions and with the Notice of
hdent referenced above.To the indent that the following conditions modify or differ from the plans,specifi smin%or other
proposals submitted with the Notice of Intent the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED
Pace 8 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFOe#:242-1575
WPA Form 5-Order of Conditions eDEPTmusacfion#:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ckty/Pown:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
pursuant to Goods]Condition#4.If this ism Amended Order of Conditions,the Amended 1.Data of 'ginal Order
Order esphes on the same date as the original Order of Conditions.
Please indicate the number ofinembers who will sigh tris form.This Order most be signed by.
a majority tithe Conservation Commission-
The
ommission 2.Num er of Signers
The Order most be mailed by certified mail(remm receipt requested)or hand delivered to the applicant A copy also must be mailed
or hand delivered at the sam,mrs,to the appropriateDepamnent of Environmental Protection Regional Office,ifnot filing
elecaonically,and the property owner,ifi ifferemt from applicant
Signatures:
,4J
r by hand delivery on "y certified mail,return receipt requested,on
—LOA-3 ha
Date Data
F. Appeals
The applicant the owner,any person aggrieved by this Order,any owner ofland abudingthe land subjects this Order,of any ten
residents ofthe city Drawn in which such land is located,me hereby nodded oftheh right to o questthe appropriate MassDEP
Regional Office m ianhe a Shpersaiing Order ofConditons.The request must be made by certified mail or hand delivery on the
Department;with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Fomh,as provided in
310 CMR 10.03(7)within ten business days from the date ofismance of Us Order.A copy ofthe request shall at the same time be
sent by certified mail or hand delivery tote Conservation Commission and to the applicant,ifhe/she is not the appellant.
Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review ofdds project previous participation in the permit proceeding means to submission ofwriaen information to
the Conservation Coronisdon priory the close ofthe public hearing requesting a Superseding Dolor,or providing written informatim
m the Department poor in issuance ofa Superseding Order.
The request shall side clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection ofthe interests identified in the Massachusetts WetlandsPrdecdon Ad(M.G.L c.131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent dim the Order is baud on a municipal ordinance or bylaw,
and not on the Massachusetts Wedands Protation Ad orregulations,the Deparhnenthas no appellarejurisdiction.
LOMassachusetts Department of Environmental Protection Provided by ManDEP:
Bureau of Resource Protection-Wetlands MascDEP File 4:242-1575
WPA Form 5-Order of Conditions eDEP Tmmami #:527481
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions raw be recorded in the Registry of Deeds or the Land Court for Ore district in which the land is located,
witldnthe chain oftiue ofthe affected property.In the case of recorded land the Final Order shall also be noted in the Regisays
Grantor Index under the name of the owner of the land subject to the Order.N the case of registered land,this Order shell also be
noted on the Land Court Certificate of Tide of the owner ofthe land subject to the Order of Conditions.The recording information on
this page shall be submitted cot he Comerntion Commission listed below.
NORTH ANDOVER
Cons r aeon Commisson
Detach m dotted line,have sumpedby the Registry of Deeds and submit to the Conservation Commission.
-.........................................................................--...........................................................................................................................
To:
NORTHANDOVER
Comanation Communion
Please be advised that the Order of Conditions for the Project at:
21 FULLER MEADOW ROAD 242-1575
ProjectLaeation MassDEPAIeNumber
Has been recorded at the Registry of Deeds of.
Comrry' Book pane
far.
Property Owner WB.LIAM AND NATALIEKISSEL
and has been noted in the chain of age of the elected property in:
Book Page
In sccwdence with the Order of Conditions issued on:
Date
Ifrecorded hnd,the immusem number identifyingthis bansacdon is:
hum mhem Number
lregistered land,the document number idw[Symgthis tmasaction is:
Document Number
Signature mApplicom aw.avroho
—____ PaQ l0 f10•ELECTRONICCOPY
DEP FILE#242-1575
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 followine
conditions modify or differ from the plans,specifications or other p oRosals submitted with
the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: The removal,regrading and repaving of the existing
driveway;construction of a grass Swale and rain garden;and the reconstruction of the
existing deck and stairs with a 30 s.f. addition. Portions of the work are within
Bordering Vegetated Wetland (BV W) and the associated 100' Buffer Zone. Mitigation
includes removal of a concrete walk and buffer zone plantings.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Steven Eriksen
Norse Environmental Services,Inc.
92 Middlesex Road, Unit 4
Tyngsboro,MA 01879
Property Owner: William&Natalie Kissel
21 Fuller Meadow Road
North Andover, MA 01845
Site Plans prepared by: Richard F. Kaminski& Associates,Inc.
Title: Existing Conditions,Notice of Intent
Dated:October 11,2012 Revised: 12/04/12
Title: Proposed Site Plan,Notice of Intent
Date:October 11,2012 and Revised: 12/04/12
Signed and Stamped by: Richard F. Kaminski,PE
Wetland Delineation by: Norse Environmental Services,Inc.
Date:September 19,2012
Other Record Documents: Pool Backwash Plan
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,savuuxthm documents and this e1rder of Conditions. TheNACC shall be
242-1575,21 Fuller Meadow Road OOC 1 NACC 12/12/2012
DEP FILE#242-1575
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 pemuttee 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 thkty
days (30) prior to the expiration date of the Order (Refer to Section 8.3) 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.
242-1575,21 Fuller Meadow Road OOC 2 NACC 12/122012
DEP FILE#242 - 1575
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: Bordering
Vegetated Wetland and Buffer Zone to Bordering Vegetated Wetland. 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.
33.The NACC agrees with the applicant's delineation of the wetland resource areas(WF-
9A through WF-22A) on the site and the associated buffer zones cast by off-site resource
areas as shown on the plans dated and referenced herein.
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 except for existing development and the proposed deck
addition and swale 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 additional disturbance of
existing grade,soils or vegetation is permitted in the No-Disturbance zone.
35.The NACC approves the requested waiver of the 25-foot No Disturbance Zone for
swale construction and the waiver of the 50-foot No-Construction Zone for a deck
expansion.
36.The NACC finds the applicant's proposal for restoration/planting of a portion of the
25-foot No-Disturbance Zone and the removal of an existing walkway, as shown on the
herein referenced Plan, to be adequate mitigation for the proposed work.
37.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.
38. 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.
- ue�Iex
242-1575,21 Fuller Meadow Road OOC 3 NACC 12/122012
DEP FILE#242-1575
39.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.
40. 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.
41. 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 242-1575."
42.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.
43. 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.
44.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including installation of
sedimentation/erosion control devices, clearing,excavation,construction and re-
vegetation/stabilization.
45.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 Prosinn control measures ran hr properly plared and
WeUan(Iunpacts can bemom ."Theproposed limitot work shall be shall be clearly
242-1575,21 Fuller Meadow Road OOC 4 NACC 12/122012
DEP FILE#242- 1575
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.
46.Staked hay bales and trenched silt 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.
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 10 additional hay bales and stakes for staking. 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.
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 NACC's
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 emergency at the site,during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
De,,partma r I ++ h arihythere+ lfi o fi Th•
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e authority o stop construction for erosion control purposes aal tflffihe ronniental
242-1575,21 Fuller Meadow Road OOC 5 NACC 19/122012
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DEP FILE#242-1575
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 with photographs from the"Erosion Control Monitor' to the NACC certifying
that, to the best of his/her knowledge and belief based on a careful site inspection,all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts.The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
51. Prior to the start of construction, the applicant shall permanently mark the edge of the
new"25' No-Disturbance Zone" or limit of existing vegetation with a minimum of six
(6)signs or markers spaced evenly every 30 feet incorporating the following text:
"Protected Wetland Resource Area" and the associated rules(3 round for every 1
square). This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers (on existing trees or 4" x 4"
posts buried a minimum of 3') 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. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round/$3
square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix A"
signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior to
the closing of said land transaction.
53. Once these above mentioned pre-construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange _alto......F ..:Fh NA('(' r^H., , Fh +r + FI d
scientist ane app cant to—ensure—that a o e on tions o s Order are
242-1575,21 FLlltt Meadow Road OOC 6 NACC 121122012
DEP FILE#242-1575
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
54.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.
55. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
56. The applicants,owners, and their successors and assignees,shall maintain all swales,
rain gardens, outlet structures,subsurface storage areas,and other elements of the
drainage system, in order to avoid blockages and siltation which might cause failure of
the system and/or detrimental impacts to on-site or off-site resource areas,and shall
maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
57. Upon beginning work,the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#50 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.
58. Dewatering activities are not anticipated as part of the proposed project. No discharge
of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission for
approval,which provides for the pumped water to be contain_ ed in a settling basin, to
re
into-asourcearea. - _ - -
242-1575,21 FShca Meadow Road OOC 7 NACC 12/122012
DEP FILE q 242-1575
59. Any fffi 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.
60. 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 10 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.
61. 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.
62. There shall be no stockpiling of soil or other materials within fifty (50)feet of any
resource area. All stockpiled materials shall be located within installed erosion controls.
63.The roadway and driveway shall be kept free of accumulated sediment deposited by
construction vehicles accessing the site and all construction access areas shall be
restored to original grades and vegetative cover upon completion of construction.
64. Washings from concrete trucks,or surplus concrete, shall not be directed to,any
drainage system, or wetland resource area. If truck washing is required a location for
such activity shall be approved by the Conservation Department.
65. 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.
66.Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
67. 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 recn a%and no vehiclerefueling r—gl z t lobrirntinn, o
maintenance-rs a one wr t o -a resource area.
242-1575,21 Fuller Meadow Road OOC 8 NACC 12/12/2012
DEP FILE#242- 1575
AFTER CONSTRUCTION
68.No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
69. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types(<5%),and shall not be used within twenty-five feet(25') of a wetland 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.
70. Backwashing shall be done as outlined in the herein referenced plan. Draining of pool
water is not permitted directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. This condition shall survive
the issuance of a Certificate of Compliance.
71. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
72. 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.
73. 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.
74. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
g. The DEP file number.
242-1575,21 Fuller Meadow Road OOC 9 NACC 12/122012
DEP FILE#242 - 1575
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.
➢ 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.
75. 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 except in those locations
approved under DEP#242-1575. Future work within 100'of existing
wetland resource areas will require a separate filing with the NACC(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);
➢ Discharge or spillage of pollutants(Condition#67);
➢ Prohibition of underground fuels(Condition#68);
__ ➢ 1 imitations on tbp use of fertilizers herbicides And pesticides(C
ondifinn
2424575,21 Fuller Meadow Road OOC 10 NACC 12112/2012
DEP FILE#242- 1575
➢ No backwashing or pumping to resource areas(Condition#70)
➢ Prohibition of dumping of leaves,grass clippings,brush, or other debris
(Condition#71);
242-1575,21 Fuller Meadow Road OOC 1] NACC 12/12/1012
DEP FILE#242- 1575
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CRECKAT 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 ,NACC number)
the North Andover Cons r ation Commission.
&/or
2._ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. 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. 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)
242-1575,21 FulkrMradow Road OOC 12 NACC 12/12/1012