HomeMy WebLinkAboutMiscellaneous - 940 JOHNSON STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242-1541
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 cerfification that have
been completed and are released from this Omer 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Conditions has lapsed and is therefore no longer valid.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:
70
C. Authorization
Issued by:
North Andover
Conservation Commission Data of I uanos
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
htto:/fwww.mass. ov/eea/a encies/massde /about/contacts/find-the-massde
ionaloffice-for-vouncity-or-town html).
Signatures:
or
xpplrm9E.Eoc ted..10 WPAFo,m eB.CeARreb INCwrglarx» Pap2d3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 242-1541
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
T6----- --------------- --------------- _
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
940 Johnson Street 242-1541
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
_Taylor Family Trust
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
naftmsb.dee•rev.9 WW WPAFom,ea,nenfi�eor Compllaae-Pepe3W3
0 Massachusetts Department of Environmental Protection Provided by MacsDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1541
WPA Form 5-Order of Conditions eDEP Tmnsecfion#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 Cny/ro NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a r OOC b.r Amended DOC
3.Applicant Details
a First Name DAVE b.Last Name TAYLOR
C.Otgamcnion THE TAYLOR FAMILY TRUST
d.MailingAddleas 12 SOUHEGAN DRIVE
e.CRy/Fmcn NASHUA f Stele NH g.Zip Code 03063
4.Property Owner
a First Name DAVE b.LastName TAYLOR
c.Otgarun ion THE TAYLOR FAMILY TRUST
d.MailingAddrns 12 SOUHEGAN DRIVE
e.City/ro NASHUA f.State NH g.Zip Code 03063
5.Project Location
a.Sneet Address 940 JOHNSON STREET
b.Cay?awn NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 107A e.Parcel/Low 91
f Latitude 42.65555N g,Longitude 71.094788W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 6671 326
7.Dates
a Date NOl Filed: 1/32012 b.Dare Public Hearing Closed: 1/11/2012 c.Date OfLssumm: 1/26/2012
8.Final Approved Plans and Other Documents
s.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
UPGRADEPLANOF MERRIMACK VLADIMIR NEMCHENOK,
SUBSURFACESEWAGE ENGINEERING PE 1/10112 1"01DISPOSAL SYSEM SERVICES
B. Findings
].Findings pursuant to the Massachusetts Wetlands Protection AM
Page 1 of 10 0 ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M-DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1541
L I
WPA Form 5-Order of Conditions eDEP Trans"em#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfrownNORTHANDOVER
Following the review ofthe the above-teferencedNotice of Infant and based on the information provided in this application and
presaged atthe public hearing this Commission finds thatthe areas in which work is proposed is signi&cmdtothe following iMerestsof
the Wetlands Protection Act
Checkallthmapply:
a r Public Wafer Supply b. r land Containing shellfish c.r Prevention ofPolludon
d. r Private Water Supply e. r Fisheries f. r ProtectionofWildlife Habitat
g r Ground Water Supply h. r Storm Damage Prevention L r Flood Control
2.Commission hereby furls the project as proposed,is:
Approved subject to:
a r The following conditions which are necessary in accordance with the perfomumce 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 specld conditions attached mthis Order.To the ascent that The following conditions modify or
differliam the plans specifications,or other proposals submitted with the Notice oilman,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned m meet the performance attendants ad forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a newNodce ofintent is submitted which provides measures which are
adequate to protect interests ofthe Act,and a foal Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
a r The information submitted by the applicant is not sufficient b describe the site,the work or the effect of the work on the intsmaN
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 prow the intercvs oft he
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 r Buffer Zone lmpacts:Shorten distance between limit ofprojea disturbance and the wetland resource 66
area specified in 310CMR10.02(lXa). a liner feet
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a liraarfcet b.lkaanfcet c.linearftet dlinen feet
5.r Bordering Vegetated Welland
a square feet b.square feel c.square feet d square feet
6. r Land unda Waterbodies and Waterways
a square feet b.square feet c.square feet d.square feet
e.dy dredged f.vy dredged
7.r Bordering Land Subjectto Flooding
a square feet b.square feet c.square feet d.square feet
Page 2 of 10'ELECTRONIC COPY
CAMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFOe#:242-1541
WPA Form 5-Order of Conditions ,DEP Transection#:
ChyRownNORTD ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Cubic Feet Flood Storage
e.cubic feet fcubic feet g.cubic feet h.cubic fee[
8.r Isolated Land subject to Flooding
a square feet Is square feet
Cubic Feet Flood Storage
c.cubic feet d.arable fed e.cubicfeet farbicfed
9.f RiverftmtAm
a total sq.fa[ b.total sq.feet
Sq ft within 10D It
e square fat d square feet e.square fee[ f.square feet
Sq ft between 100.2OO ft
g,square fee[ h square,fed I.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Pat Areas Indicate sine under Land Under the Ocean,beksw
11.r land Under the Ocean
a square feet b.square feet
c.Gy dredged d.cly dredged
12.r BamerBeeches Indicate size order Coastal Beaches and/or Coastal Domes below
13.r Coastal Beaches
a square feet b.square feet c.ay nourisbmcnt d.cly nourishment
14.r Coastal Dimes
a square feet b.square feet a ctyrwnistunent It csy nomidurat
15.r Coastal Banks
a liaarfeet b.bnearfeet
16.r Rocky Intertidal Shores
a square fee[ b.square feet
17.r Salt Marshes
a square feet b.square feet c.square feet d.sq—feet
18.1- Land Under SaltPonds
a.square feet b.square feet
c.dy dredged d ely dredged
19.r Land ConmiaingShellfish
a square feet b.square feet c.square fat d.square feet
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V1Massachusetts Department of Environmental Protection Provided by MasaDEP:
Bureau of Resource Protection-Wetlands MaxsDEPFilc#:242-1541
WPA Form 5-Order of Conditions eDEP Transaction#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chy/fownNORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Lod Under the
2o.I—FishRuas Oman,andmr Wand Land Under Waterbodies and Waterway;
above
c.Gy dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
Ifthe project is fmthe purpose ofrestoring menhancing a wetland resource area in addition in 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 fed ofBV W b.square feet ofSalt We-
23.
r Streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number ofnew stream ofreplacemeot stream crossings
anumberofnewstreamoussaigs b.numberofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable m Approved projects
1. Failure to comply with all conditions stared herein,and with all related statutes and other regulatory measures,shall be deemed
rause m revoke or modify this Order.
2. The Order does not gram my property rights or my exclusive privileges:it does not authorize any injury to private property or
invasion ofprivate rights.
3. This Order does no relieve the permince or any other person ofthe necessity ofwmplyingwith all other applicablefederal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within time years man the date offfs Order unless or&"ofthe following
Apph'
a tle 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.Ifthis Order is intended to be valid for more than it=years,the
extension date and the special circumstances warrenting the extended time period are ser forth as a
special tradition in this Order.
5. Ibis Order may be extended by the issuing authority for we or more periods ofup mduee years each upon application m the
issuing authority at least 30 days primo the expiration date ofthe Order.
6. If this Order constitutes an Amended Order ofConditions,this Amended Order of Conditions does net exceed the issuance
data ofthe original Final Order of Conditions.
T Any fill used in connection with this project shrill be clean fill.Any fill shall contain no cash,refuse,rubbish,or debris,including
but no limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigemmrs,motor vehicles,or parts of
any ofthe foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or ifsuoh an appeal has been taken,
mail all proceedings before the Department have been completed
9. No wok shall be undertaken mail the Order bas become final and then has been recorded in the Registry of Deeds or the Land
Court far the district in which the land is located,within the chain of tide of the affected property.In the case ofremrded land,
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1541
WPA Form 5-Order of Conditions cDEP Transaction#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ctyfrown:NORTHANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the lend 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 lend upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the fmm athe end of this Order,which form must be stumped by the Regisay of Deeds,
prior to flue commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more then three square feet in size bearing the words,
"Mas sachusetls Department of Envhonmental Protection"
[or'MassDEP"]
File Number:"212-1541"
11. Where the Department of Environmental Protection is requested on issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work desmbed herein,the applicant shell 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 tothe plans identified in Condition#13 above shell require the applicant an inquire of the Conservation Commission
in writing whether the change is significant enough on require the filing of a new Notice of ftm
15. The Agent or members ofthe Conservation Commission and the DeparanentofEnvironmental Protection shall have the tight 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 orDepartment 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
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 Wetand,the boundary of the
wedand in the vicinity of the proposed work arca shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until aCertificffie of Compliance has been issued by the Conservation Commission
18. All sedimentation barriers shall be maintained in good repay until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sedimenta be deposited in awetand or water body.During construction,the applicant or histher
designee shall inspect the erosion controls on a deity basis and shall remove accumulated sediments as needed The applicant
shall immediately control any erosion problemstbat occur ache site and slurp 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 wok unless am cher limit of wok line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The wok associated with this Order(the"Projecr')is(1) F- isnot(2)F subjecttotbe Massachusetts Stonnwaler Standards.
If is work is subjectm Stornwater Standards,then the project is subjectm the following conditions;
a) All work including site preparation,land disambance,construction and redevelopment,shalt be implemented in accordance
with the contraction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Smmmwater pollution Prevendon Plan required by the National Pollutant Mw1u ee Emanation System Coosmhotion(bweml
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
bast management practices(BMPs)shat remain in place until the site is fully stabilisd.
b) No sonawaterrunoff may be discharged in the post-construction stornwater BMPs unless and=61 a Registered
Professio ad Engineer provides aCertd'nation that:i all canshuction 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
operates for storawater attenuation,recharge,and/orurnament,the conversion is allowed by the MassDEP Stornwater
Handbook BMP specifications and thatthe BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period scdimentnapped in Her and oudet control structures;a.as.built find constrmwtion
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the she is fully stabilized;in
arty illicit discharges to the stmmwater management system have been removed,as per the requirements ofStormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MasicDEP EP sac W'JA 4541
A4393
WPA Form 5-Order of Conditions ,DEP own NORTH
ANDO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Citylfown:NORTH ANDOVER
Standard 10;iv.all port-cunstrucdon sr man aBMPs are handled 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 dot they are in
proper working condition;v.any vegetation associated with post-commuction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that mother parry has legally assmned
responsibility her BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,are
responsible party(defined in General Condition I9(e))shall exaute and submit In the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statemea")for the Stomrwater BMP;identifying die party responsible for
implementing the slmmwaterBMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate ofCompfiance,and d.)the Future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the samewetermanagement BMPs and
implement the Stortnwater Pollution Prevention Plan.
III Post-construction pollution prevention and source comm)shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stomewater Report and,if applicable,the Stormwater Pollution PrevenOon Plan
required by the National Pollumat Discharge Elimination System Multi-Sator General Permit.
e) Draws and=61 another party accepts responsibility,the landowner,in owner of any drainage easement assumes
responsibility for maintaining each BMP.To overcome this presumption,the laminwaerofthe property must submit to the
issuing authority a legally binding agreement ofrecord,acceptable to the issuing authority,evidencing thatanaha conty has
accepted responsibility for maintaining the BMP,and thin the proposed responsible party shall be treated as a permittee far
purposes of implementing the requirements of Conditions 19(f)through 19(1:)with respect that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)dough 19(k)with respect to that BMP sial
be.violation of the Order of Candidate;orCertfrcate of Compliance.N the case of stormwater BMPs[lent are serving mon:
dean one lot,de legally binding agreement shall also identify dee lets that win be serviced by the stmmwaerBMRs.A plan and
easement deed then grants the responsible party access In perforce the required operation and maintenance must be submitted
along with the legally binding agreement
J) Theresporeible parry shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts StormwaterHandbook
g) Theresponsiblepatysla0:
1.Maintain an operation and maintenance log for the last gum(3)coacec dve calendar years of inspections,repairs,
maintenance and/or replacement of the stomewatermanagement system or any part thereof,and disposal(fm disposal the
log shall indicate the type of ma sial and the disposal location);
2.Make the maim osince log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofdee MassDEP and the Commission to enter and inspect the site W evaluate and comm,
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing amhooty.
h) All sediment or other contaminants removed from stwmwaterBMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
Illicit discharges an the comarvatamanagement system as defined in 310 CMR 10.04 are prohibited.
j) Theslormwater 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 qualdying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Su miciar Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior wrinen approval ofdeissuing authority.
1) Access formairtenmice,repay,end/or, replacement ofBMPs shall not be widdield.Any fencing constructed around
stormwater BMPs sial include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 813 — Certificate of Compliance 2421541
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
tons on the
computer,use David Taylor
only the tab key Name
to move your 12 Souhegan Drive
cursor-do not
use the return Mailing Address
key-
I��rs� Nashua NH 03063ow
1� Ckyrrn State Zip Code
ey
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Taylor Family Trust
PA Name
June 21,2012 242-1541
Dated DEP File Number
3. The project site is located at:
940 Johnson Street North Andover
Street Address Cityrrown
Map 107A Parcel 91
Assessors Mapfloat Number ParoetfLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex Northern 12855 284
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
9/22/2014
Date
wpehmab.doc•na.WWU WPA Farm so.Cetlir¢ala of Compliance-Page 1013
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands Mas0EP File#:242-1541
43930
WPA Form 5-Order of Conditions eDEP TsanNORT#:ANDD
Ul Ciry/Cown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Page 7 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1541
WPA Form 5-Order of Conditions cDEP Transection#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTHANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission herebvfcheck one that amliesl'
a. r DENIES the proposed workwldch cannot be conditioned to
meet the standards set forth in amunicipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may outgo forward unless sod unfil a revised Notice ofhaen[is submitted which provides
measures which are adequate in meetthese standards,and a final Order or Condifions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. r APPROVES the proposed work subjectto the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with thcNotice of
Intan mf nviced above.To the extend do the following conditions modify in differ from the plans,specifications,or other
proposals submitted with die Notice of Intent the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACH®.
Page 8 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFilc#:242-1541
WPA Form 5-Order of Conditions eDEP Transaction#:443930
L
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
E. Signatures I
This Order isveid forthmayearsfrom the data ofisannce,unless otherwise specified
pmausm to General Condition#4.Iffids is an Amended Order of Conditions,the Amended I.Date ofOrighial Order
Order expires on the some date as the original Order of Conditions C
Please Monte the number ofinembers who will sign this form.This Order must be signed by x
a majority of the Conservation Commission, 2.Number of Signers
The Order must be mailed by certified mail(rerun receipt requested)or hand delivered to the applicants.A copy also most be mailed
or hand delivered athe same time w the appropriate Department ofEnvironmental Protection Regional Office,if not filing
electrardcally,and the property owner,if different from applicants.
Signatures:
r by hand delivery on My certified mail,return receipt requested,on
';�b a
Daze D
F. Appeals
The applicant the owner,arty person aggrieved by this Order,any owner of land abutting the land subjectto this Order,army=
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 er hand delivery mthe
Department with the appropriate filing fee and a completed Request fir,Depamnened Action Fee Transmittal Poor,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
seat by certified mail or hand delivery to the Conservation Commission and to the applicants,if he/she is rat the appellant.
Any appellants seeking appeal the Departments 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 ofwriden information to
the Conservation Commission prior mthe close of the public hearing requesting a Superseding Order,or providing written infrmation
to the Department prior to issuance of Superseding Order.
The request she]I state clearly and concisely the objections to the Order which is being appealed and how the Order does net
contribute to the protection of the interests identified in the Massachuseas Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based an a municipal ordinance or bylaw,
and not on the Massachusetts;Wetlands Protection Actor regulations,the Department be no appellate j urisdiaim.
Page 9 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MmDEP:
Bureau of Resource Protection-Wetlands MsssDEP File#:242-1541
WPA Form 5-Order of Conditions eDEP Transaction#:443930
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions roustbe recorded in the Registry of Deeds or the Land Cowl forthe distrix in which the land is located,
will&the chain oftite ofthe affected property.N the case ofrecorded land the Final Order shall also be noted in the Registry's
Greater Index under the nine of the owner ofthe land subjectio the Order.In the case of registered land this Order shall also be
noted on the Land Court Certificate of Title ofthe owner ofthe Ind subjecttothe Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Co rte r inion
Detach an dotted line,have stamped by the Registry ofDeeds and submit to the Conservation Commission.
To:
NORTHANDOVER
Conssvaton Cmmnission
Please be advised that the Order of Conditions for the Project at:
940 JOHNSON STREET 242-1541
Project location Ma55DEPFile Number
Has been recorded at the Regismy of Deeds of.
Canty Book Page
for.
Property Owner DAVETAYLOR
and has been noted in the chain oftitle of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
Ifrecorded land,the insmnnent number identifying this transection is:
Insmnnent Number
Ifregisrered land the document number identifying this transaction is:
DocnhentNwmber
Sigoshme ofApplicnt w..d-hrzo�o
Page 10 of 10"ELECTRONIC COPY
DEP FILE#242- 1541
Therefore,the North Andover Conservation Commission(hereafter the"NACU)hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: the replacement of a failed septic system including the
installation of a septic tank and pump tank within 100-feet of Inland Bank. The
proposed leach field is located more than 100 feet from the wetland resource area.
Trees will be removed for installation of the leach field but all will be outside of the
100-foot Buffer Zone.
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: Bill Dufresne
Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Site Plans prepared by: Merrimack Engineering Services
Title: Upgrade Plan of Subsurface Sewage Disposal System
Prepared for: Dave Taylor
Dated: 12/13/11 and last revised 1/10/12(1 sheet)
Signed and Stamped by: Vladimir Nemchenok
Wetland Delineation by: Norse Environmental Services,Inc.
92 Middlesex Road-Unit 4
Tyngsboro,MA 01879
22. The term"Applicant' as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
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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 area
(Wetland Flags Bl-B7)and the associated buffer zone 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
prevent any alteration of wetland resource areas a twenty five foot(25')No-
Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except for existing structures shown on
the herein referenced plan. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the
No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
35.This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,stone damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
38.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name 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
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quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s)referenced in this Order
of Conditions. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commissions request.
45.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 15' of additional compost filter sock or and sufficient stakes
for staking(or an equivalent amount of silt fence). Extra erosion controls shall be used
only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of
$1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof,shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel, and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
47. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site,during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes and the Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report from the"Erosion Control Monitor" to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection,all work is being
performed in compliance with this Order of Conditions and that approved setbacks
are 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,
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52. There shall be no changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
53. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work,the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#48 above) detailing what
work has been done in or near resource areas,and what work is anticipated to be done
over the next period.This will update the construction sequence.
55. Dewatering activities are not proposed as part of this project. If emergency de-
watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
56. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
lath, paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
57. 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 1st 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.
58. 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.
59.There shall be no stockpiling of soil or other materials within one hundred (100)feet of
any resource area. All stockpiled materials shall be located in the location designated
on the approved plans.
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DEP FILE H 242- 1541
68. 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.
69. 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-"Bequest for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ 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. _
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APPENDIX A- AFFIDAVIT
1 on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
Nor
2._ 1 am the of
(posiffon with owner) (owner name)
Hie owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this_day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. Thereby 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)
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