HomeMy WebLinkAboutMiscellaneous - 858 GREAT POND ROAD 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, §40 242-1509
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use David &Gay Tracy
only the tab key Name
to move your 858 Great Pond Road
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
City/Town
orb State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
David & Gay Tracy
Name
March 23, 2012 242-1509
Dated
DEP File Number
3. The project site is located at:
858 Great Pond Road North Andover
Street Address City/Town
Map 103 Parcel 36
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North Doc#10303
County 2-1 Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
8/21/12
Date
wpafrm8b doc•rev 12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1509
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
74
C. Authorization
Issued by:
North Andover ,23 1�
Conservation Commission Dat 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
http://www.mass.gov/dep/about/region/findyour.htm).
Signatures:
0 VI
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wpafrm8b.doc•rev.12/23/09
WPA Form 8B,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
/ WPA Form 8B — Certificate of Compliance DEP File Number.
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 2421 1509
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: - - - - - - - - - - - - - -North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at
858 Great Pond Road 242-1509
Project Location DEP File Number
Has been recorded at the Registry of Deeds of
Essex North
County
for
David & Gay Tracy
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b doc•rev 12/23/09
WPA Form 8B,Certificate of Compliance•Page 3 of 3
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CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
858 Great Pond Road, North Andover
At the May 18, 2011 public hearing the North Andover Conservation Commission(NACC)
voted to issue a minor modification to DEP# 242-1509. The Modification shall conform to
the plans and documents referenced below.
Applicant: David& Gay Tracy
858 Great Pond Road
North Andover,MA 01845
Record Plans: Proposed Site Development Plan
#858 Great Pond Road
Located in North Andover, Mass.
Revised: 5/16/11
Sheets 1 and 2
Stamped by:John D. Sullivan III,P.E.
And Scott L. Giles,R.P.L.S.
Other Record Documents: Letter from Jack Sullivan, Sullivan Engineering Group,LLC
Dated: May 16,2011
Approved Modifications
❖ Modification to the existing Order of Conditions to demolish the existing structure entirely and
rebuild new house utilizing the existing foundation.All demolition material will be immediately
removed from the site.Applicant shall notify Conservation Department if location of existing
gas line is changed.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: DAVId-i- c , ' %-A c
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as a Modification to the Order of Conditions issued in File 242-i SD q dated.3/4y�i/ and
recorded in Book 1)oc and page/o 3 03 Q
Issued by the NO'/TH ANDOVER CONSERVATION COMMISSION:
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On this / q' of/VA- j' �o 1/ before me personally appeared Louis Napoli to me
day month/yr €;
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
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Notary Public
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 918.688.9542 Web www.townofnorthandover.cor
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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Phone:978.688-9535
Fax:978-688-9542
NOTICE OF DECISION
WATERSHED SPECIAL PERMIT—WAIVER OF MODIFICATION
Any appeal shall be filed
within (20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: May 19,2011
Date of Meeting: May 17,2011
Date of Decision: May 17,2011
Petition of: Gay and David Tracy,858 Great Pond Road,North Andover,MA 01845
Premises Affected: 858 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 103,Parcel 36 and located in the Residential 1 Zoning District.
Referring to the above petition for a waiver of modification of an existing Watershed Special Permit
according to the requirements of the North Andover Zoning Bylaw, Section 4.136.3(cii),(1),(2),(5)&(6).
So as to allow the demolition of a two story dwelling unit within the Non-Disturbance buffer zone of the
Watershed Protection District. There will be no material impact to the plans that were approved as part of
the original Special Permit. The applicant will utilize the existing foundation, all erosion control
measures will remain the same and no additional grading or stormwater management will be required.
After a discussion with the Planning Board on the above meeting date, and upon a motion by R. Glover and
2nd by R. Rowen, the Board voted to waive the requirement to MODIFY the existing Watershed Special
Permit granted on March 15,2011.The vote was 5-0 unanimous in f vor of the decision k'
On be f of the North And er Planning Board
John imons,Chairman
Richard Rowen
Timothy Seibert
Michael Colantoni
Rickey Glover
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858 Great Pond Road Map 103 Lot 36
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Watershed Special Permit—Addition to Single-Family Residence
May 19,2011
a) Plan titled: "Proposed Site Development Plan, located in North Andover, MA. (Essex
County)prepared for David and Gay Tracy"
Prepared for: Gay and David Tracy
858 Great Pond Road
North Andover,MA 01845
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford, MA 01921
Scale: 1"=20'
Date: January 25,2011 and revised February 23,2011.
Sheets: 2
Architectural: Expansion Overview
Prepared by: Sidney Graves
25 Lime Street
Newburyport,MA 01950
cc: Building Inspector
Conservation Administrator
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Office of the Planning Department
*�,> * Community Development and Services Division
4,4%Arso7 t', 1600 Osgood Street r, � r .
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North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an appeal.
Any appeal shall be filed Date.�ji�;/Aio2oii
within (20) days after the Joyce l 'adsf>ar"
Town Clerk
date of filing this notice in
the office of the Town Clerk.
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Date: March 15,2011
Date of Hearings: March 1,2011, March
15, 2011 I
Date of Decision: March 15,2011 €
Petition of: Gay and David Tracy,858 Great Pond Road,North Andover,MA 01845
Premises Affected: 858 Great Pond Road,North Andover,Massachusetts,01845. 3
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Assessor's Map 103,Parcel 36 and located in the Residential 1 Zoning District.
k.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136& 10.3.
So as to allow the expansion of an existing dwelling unit, from one story to two stories, to allow a one-
' story addition to the rear of the dwelling unit and to expand the existing 2-car garage to a three car garage,
with a roofed walkway connecting the garage to the dwelling unit, and the installation of stormwater
management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District.
After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
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arming Board
•ickey Glover,Alternate
Timothy Seibert
Michael Colantoni
Courtney LaVolpicelo
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858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
The public hearing on the above referenced application was opened on March 1,2011 closed by the North
Andover Planning Board on March 15,2011.
On March 15, 2011 upon a motion made by C. LaVolpicielo and seconded by M. Colantoni to GRANT a
Watershed Special Permit for the expansion of an existing dwelling unit from one story to two stories, to
construct a one-story addition to the rear of the dwelling unit and to expand the existing 2-car garage to a
three car garage, with a roofed walkway connecting the garage to the dwelling unit, and the installation of
stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection
District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total
amount of impervious area to be created is 546 sq. ft. This Special Permit was requested by David and
Gay Tracy, 858 Great Pond Road, North Andover, MA 01845 on January 28, 2011. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of
the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was
subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this
decision.
The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this fmding on the following facts:
a) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects extensive discussions between the Town and
applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
b) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices, and result in an improvement
over existing conditions. The plan has been reviewed by the outside consulting engineer, Lisa
Eggleston, as evidenced by a letter from L. Eggleston dated February 17, 2011 and letters from
Sullivan Engineering Group dated January 28, 2011 and February 24, 2011 respectively. Further,
adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick
through the installation/implementation of the following Best Management Practices relative to a
single-family dwelling:
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858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
i) The new addition will create 546 sq. ft. of new impervious area, for a total of 2,526 sq. ft. of
impervious area for the dwelling unit. All of the roof runoff will be routed to two infiltration
wells so that the stormwater runoff for entire roof area of the dwelling unit, including the new
addition, will be recharged, where currently there is no stormwater management for the
existing structure.
ii) There will be a crushed stone drip trench installed at the rear of the garage to collect runoff
from that structure.
iii) No new lawn area is being proposed and there will be no tree-cutting required for
construction.
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
c) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following FINDINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 183,388 sq. ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 103, Parcel 36, and also known as 858 Great Pond Road,North
Andover, Massachusetts.
b) The"Plans"refer to the plans prepared by Sullivan Engineering Group, dated January 25, 2011
and revised to February 23, 2011,entitled"Proposed Site Development Plan, located in North
Andover, MA. (Essex County)prepared for David and Gay Tracy".
c) The"Project"or"858 Great Pond Road"refers to the expansion of an existing dwelling unit,
from one story to two stories,to allow a one-story addition to the rear of the dwelling unit and to
expand the existing 2-car garage to a three car garage,with a roofed walkway connecting the
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858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
garage to the dwelling unit,and the installation of stormwater management system within the 250
foot Non-Disturbance Zone of the Watershed Protection District.
d) The"Applicant"refers to David and Gay Tracy,the applicant for the Special Permit.
'$ e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer,and owner.
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
3) Prior to issuance of a building permit:
a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of
North Andover must be posted to insure that the construction, erosion control, measures, and
performance of any other condition contained herein will take place in accordance with the plans
and the conditions of this decision and to ensure that the as-built plans will be submitted.
b) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
c) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. The applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
4) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, ifs
employees and all successors and assigns in interest or control.
8) This Special Permit approval shall be deemed to have lapsed March 15, 2013 (two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
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858 Great Pond Road Map 103 Lot 36
Watershed Special Permit—Addition to Single-Family Residence
March 15,2011
a) Plan titled: "Proposed Site Development Plan, located in North Andover, MA. (Essex
County)prepared for David and Gay Tracy"
Prepared for: Gay and David Tracy
858 Great Pond Road
North Andover,MA 01845
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford,MA 01921
Scale: 1"=20'
Date: January 25, 2011 and revised February 23,2011.
Sheets: 2
Architectural: Expansion Overview
Prepared by: Sidney Graves
25 Lime Street
Newburyport,MA 01950
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1509 i
r WPA Form 5-Order of Conditions eDEP Transaction#:374257
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1°wnNORTHANDOVER ;
n
A. General Information i
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a First Name DAVID&GAY b.Last Name TRACY
c.Organization
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d.Mailing Address 858 GREAT POND ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 ''
,
4.Property Owner
a First Name DAVID&GAY b.Last Name TRACY ^'
c.Organization
d.Mailing Address 858 GREAT POND ROAD
e.City/Town NORTH ANDOVER f. g.Zip Code 01845 State MA k
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5.Project Location
aStreet Address 858 GREAT POND ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 103 e.Parcel/Lot# 36
£Latitude 42.69988N g.Longitude 71.08122W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page k
NORTHERN ESSEX 108 389 t
7.Dates
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a.Date NOI Filed:2/4/2011 b.Date Public Hearing Closed: 3/9/2011 c.Date Of Issuance: 3/24/2011
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8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
#858 GREAT POND
ROAD,PROPOSED SULLIVAN
SITE JOHN D.SULLIVAN III,P.E. Final Revision Date
DEVELOPMENT
ENGINEERING,INC. 2/23/2011 SCALE:1"=20'
PLAN
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Massachusetts Department of Environmental Protection Provided by MassDEP: ,
Bureau of Resource Protection-Wetlands MassDEP File#:242-1509 k
WPA Form 5-Order of Conditions eDEP Transaction#.374257
City/fown:NORTH ANDOVER ,
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
`' 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 significant to the following interests of
the Wetlands Protection Act.
Check all that apply: s
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a. F Public Water Supply b. ❑ Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. n Protection of Wildlife Habitat
g. r Ground Water Supply h. F Storm Damage Prevention i. Fi Flood Control `.
2.Commission hereby finds the project,as proposed,is: r:
Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. F
Denied because:
b.I The proposed work cannot 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 of Intent is submitted which provides measures which are
adequate to protect 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.
c.IT The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
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).
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3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a).
a linear feet
i.
Inland Resource Area Impacts:(For Approvals Only):
A
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. fT Bank
a linear feet b.linear feet c.linear feet d.linear feet
5.IT Bordering Vegetated Wetland
a square feet b.square feet c.square feet d.square feet
6. IT Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet x�
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1509
WPA Form 5-Ordr of Conditions eDEP Transaction#:374257
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfIown:NORTHANDOVER
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e.c/y dredged f.c/y dredged 1
7.❑Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
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e.cubic feet f cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding s
a.square feet b.square feet 1
if Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
, 9.r Riverfront Area
.F
a.total sq.feet b.total sq.feet
a Sq ft within 100 ft 0 0 0 0
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft 546 546
g.square feet h.square feet i.square feet j.square feet
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Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement z
t
10.17 Designated Port Areas Indicate size under Land Under the Ocean,below t.
11.T Land Under the Ocean
a.square feet b.square feet
i c.c/y dredged d.c/y dredged
12.17 Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.17 Coastal Beaches 1
a.square feet b.square feet c.c/y nourishment d.c/y nourishment 9
14.❑Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.IT Coastal Banks
a linear feet b.linear feet
16.fi Rocky Intertidal Shores a
a.square feet b.square feet t
t
17.IT Salt Marshes
a.square feet b.square feet c.square feet d.square feet 1
18.17 Land Under Salt Ponds
a square feet b.square feet
t
c.c/y dredged d.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau on-Wetlands
MassDEP File#:242-1509
e WPA Fof orm 5 Resource-OrProtectider of Conons eDEP Transaction#:374257
Massachusetts City/Town:NORTH ANDOVER
chusetts Wetlands Protection Act M.G.L.c. 131,§40
19.17 Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet 5
Indicate size under Coastal Banks,inland Bank,Land Under the
20.❑Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.❑Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
El Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
Cl Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other 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 any injury to private property or
invasion of private rights.
3. This Order does not relieve the pennittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain 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 of
any of the foregoing.
8. This Order is not fmal until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
t Bureau of Resource Protection-Wetlands MassDEP File#:242-1509 rt
r WPA Form 5 -Order of Conditions eDEP Transaction#.374257
■ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
1
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become fmal and then has been recorded in the Registry of Deeds or the Land s'
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, "i
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 the 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 done.The recording information shall be submitted }
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, `
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" 1
[or'MassDEP"]
File Number:"242-1509"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission t.
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental 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 in this '
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that ``
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and 1.
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the i
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland t
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or ?'
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately 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 of work unless another limit of work line has been approved by this Order. !
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) 17 is not(2)P subject to the Massachusetts Stormwater Standards. ,i.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance i
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and n
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs 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 intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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, Massachusetts Department of Environmental Protection Provided by MassDEP: €
Bureau of Resource Protection-Wetlands MassDEP File#:242-1509
WPA Form 5-Order of Conditions eDEP Transaction#.374257 x
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
31 P,
S
, 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 outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting '
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
i c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M ,
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties €>
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. #`
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the i'`
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall .,
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more b`
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
i
• 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, s
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the P
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and 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 issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management 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(as defined in the
MassDEP Stormwater 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/or replacement of BMPs shall not be withheld.Any fencing constructed around %'
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Massachusetts Department o Environmental P Protection Provided b MassDEP:
- n2muoR m2cPMe6on-Wetlands
LI WPA Fo m5-Ore o Condition Massachusetts Wetlands Protection A!M OLcet#4 N �eRe#:&2
9
e�Transaction 7
Q%Rown3ORT ANDOVER ([[
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st_w er BMPs+£include ae gates ands#be at»Us inches above grade to allow for wildlife ps e {
Special Co ant m: (
SEE ATTACHED
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Massachusetts Department of Environmental.Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:242-1509
WPA Form 5-Order of Conditions eDEP Transaction#:374257
City/Town:NORTH ANDOVER s'
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes n No
2. The Conservation Commission hereby(check one that applies):
a. 1..: 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 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 fmal Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
y PROTECTION 2.Citation CHAPTER 178 1
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,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:
SEE ATTACHED
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} Massachusetts Department of Environmental Protection Provided by MassDEP: I
Bureau of Resource Protection-Wetlands MassDEP File#:242-1509
WPA Form 5 -Order of Conditions eDEP Transaction#:374257
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 i
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E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 3/r 7/ G
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date f Origin Order 1
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 4
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
t
Signatures:
,
-willgie f °'
NEI e;(-12q.,/L ,
(`` l
17 by hand delivery on 11 by certified mail,return receipt requested,on t
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 filing fee and a completed Request for 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.
is
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 r
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.
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[IIIMassachusetts Department of Environmental Protection Provided by MassDEP: r'
Bureau of Resource Protection-Wetlands MassDEP File#:242-1509
WPA Form 5-Order of Conditions eDEP Transaction#:374257
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
1
G. Recording Information
This Order of Conditions must 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 land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted 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 submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission 4s
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
858 GREAT POND ROAD 242-1509
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner DAVID&GAY TRACY
and has been noted in the chain of title of the affected property in:
}
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
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Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance 3
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
1 proposals submitted with the Notice of Intent, the conditions shall control.
s
r GENERAL CONDITIONS t
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20. The proposed work includes: construction of an addition to an existing single family
f
dwelling, expansion of an existing garage, vertical expansion of the dwelling,
installation of two 500-gallon drywells for roof water infiltration and appurtenant site
work and grading portions of which are within the 200' Riverfront Area.
21. The work shall conform to the following:
f.
Applicants:PP David &Gay Tracy
858 Great Pond Road
North Andover, MA 01845 Notice of Intent filed by: John Sullivan, P.E.
Sullivan Engineering Group, LLC
22 Mount Vernon Road
Boxford, MA 01929
Site Plans prepared by: Sullivan Engineering Group, LLC
Titled: #858 Great Pond Road, Proposed Site
Development Plan
Stamped By: John D. Sullivan III, P.E.
Last Revised: February 23,2011
Other Record Documents: Letters from Jack Sullivan, P.E.
Dated: February 24,2011
Re: Watershed Special Permit Application
(Planning Board), Notice of Intent
Application (Con. Comm) :i,,,,,,,i,ti,?t,t1i,858 Great Pond Road, North Andover
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.
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32. The following wetland resource areas are affected by the proposed work: Riverfront
Area. This resource area is significant to the interests of the Act and Town ByLaw as
noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 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 1
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 The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
g vegetation is permitted in the No-Disturbance zone.
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35. This document shall be included in all construction contracts/subcontracts, and '
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36. The owners of the project and their successors in title agree that the Order does not in r'
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. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
1
37. 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 is
Department or Court have been completed. .
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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 and trenched silt fence or other erosion control devices
approved by the Conservation Department 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
J
during construction shall be implemented at the direction of the NACC or its agent.
1 The NACC reserves the right to impose additional conditions on portions of this
3 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 t
the NACC,they shall be installed within 48 hours of the Commission's request.
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46. The applicant shall have on hand at the start of any soil disturbance,removal or
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stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
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47. A check payable to the Town of North Andover shall be provided in the amount of
$2,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, 1?
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
48. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given g
the authority to stop construction for erosion control purposes (or) The Environmental ''
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contractor,wetland scientist and the applicant to ensure that all of the Conditions of t'
this Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede .f
any conflicting contract requirements. The applicant shall assure that all contractors,
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subcontractors and other personnel performing the permitted work are fully aware of g?
the permit's terms and conditions. Thereafter, the contractor will be held jointly liable t
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).
a
STORMWATER MANAGEMENT CONDITIONS f'
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54. All construction and post-construction stormwater management shall be conducted in fi'
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of 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.
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56. Water quality in down gradient BVW'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
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DURING CONSTRUCTION 1
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57. IMPORTANT: Immediately upon completion of the addition foundation, and prior E'
to further construction activities associated with the site, the applicant shall complete a z-
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plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site
58. Upon beginning work, the applicant shall submit written progress reports every
month 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.
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trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw. `i
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel, or s'
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
69. 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 Town's Wetland protection ByLaw. F"
70. 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 Town's Wetland Protection ByLaw and
shall remain in perpetuity.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
73. Upon completion of the project the applicant shall submit the following to the x!
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.
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DEP FILE #242 - 1509
> Discharge or spillage of pollutants (Condition #68);
> Prohibition of underground fuels (Condition#69);
> Limitations on the use of fertilizers,herbicides, and pesticides (Condition
#70).
x I
rt.
a•
F^:
C:\Winword\OOC\boilerl.doe 11
NACC 3/24/2011