HomeMy WebLinkAboutMiscellaneous - 30 KEYES WAY Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resowce Protection-Wetlands MassDEP File 8:242-1545
456333
0 WPA Form 5-Order of Conditions eDEP TmnNORT a;ANDO
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40
City/I'own:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a R CDC b.r Amended DOC
3.Apphcam Derails
a FkstName CHRISTINE b.Lastblame GARCIA
c Orgenmeaion
d.MailingAddress 30 KEYES WAY
e.City/rovu NORTHANDOVER fState MA gZip Code 01845
4.Property Owner
a First Name CHRISTINE b.Last Name GARCIA
c.Otgamumon
d.Mailing Address 30 KEYES WAY
C.City/rovn NORTH ANDOVER (State MA g.Zip Code 01845
5.Project Location
oStmztAddress 30 KEYES WAY
b.City/fo- NORTH ANDOVER c.Zip Code 01845
d AssessorsMap/Plat865 e.Panact1 N 281
f.Latitude 42.67117N g.Langitude 71.08429W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12084 211
7.Dates
a.Date NO[Filed:2/92012 b.Date Public Hearing Closed:3/14/2012 a Dare Oflssuance: 3202012
S.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: r.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SITEPLANFOR
PROPOSED MICHAEL SERGI,PLS&
SWR.4hRNG POOL CMUSTIANSEN& PHILIP G.CHRISTIANSEN, February 6,2012 1"=20'
AT 30 KEYES WAY SERGI,INC. PE
IN NORTH
ANDOVER,MASS.
Page 1 of 10' ELECTRONIC COPY
I
Massachusetts Department of Environmental Protection Provided by M-DEP:
Bureau of Resource Protection-Wetlands Macs Transaction
#:4 545
eDE56333
Uk— WPA Form 5-Order of Conditions Chy/ Transaction N:ANDO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/fown:NORTH ANDOVER
INFd7RATION
TRENCHDBfAIL CHRISTIANSEN&. PHILIP G.CHRISTIANSEN,
FOR 30 KEYES SERGI,INC. PE
February24,2012 NOT TO SCALE
WAY,NORTH
ANDOVER MASS.
B. Findings
].Findings pursuam to the Massachusetts Wetlands Protection Act
Following the review of the the above-referencedNotice of Intent and based an the intimationprovided in this application and
presented athe public hearing this Commission fads that the ares in which wod isproposed is significant to the following interests of
the WetlandsProtxtionAct
CheekidIdiatapply:
a. r Public Water Supply b. r Land ContainingShetUsh c.r Prevention of Pollution
d. r private Water Supply c. r Fisheries f. IF Protection of Wildlifellabitat
g. r Ground Water Supply h. r StormDanmge Prevention i. r Flood Control
2.Commission hereby furls the project,as proposed,is:
Approved subjoetto:
a r Tim 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 perfumed 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 train the plans,specifications,or other proposals submitted with the Notice oflrrent,these conditions shall corrhol
Denied because:
b.rThe proposed work cannot be conditioned to meetthe performance standards set forth in the wetland regulations.Therefore,
work on this projectmay nagofaward unless and omit a new Notice oflmeta is submitted which provides measures which are
adequate to protect interests oftheAct,and a final Orderof Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r 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 mdess and until a revised Notice of
Intent is submitted wldchprovides ancient infamabonand includes measures which are adequate to protec:the Interests of the
Act,and afmal Order ofCondi[ions is issued.A description of the specific information which is Inking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.F Buffer Zone hnpacts:ShoMstdistance between limb of projectdicurbance and the wetland resource 25
area specified in 310CMRI0.02(1)(a). a linearfeet
Inland Resource Area Impach:(FmAppovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. retire
albtearfecl b.Imemfeet c.fincefeet dlmearfeet
Page 2 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDBP:
Bureau of
orind - Protection-Wetlands MassDEaDEPTPsacfia242-1545
LO WPA Form 5-Order of Conditions eDEP TansecSon q:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/rown:NORTH ANDOVER
5.r BordeftVegeudzdwetland
a square ted b.square feet a square feet d.square fat
6. r Land under Waterbodies and Waterways
asquarefeet b.square feet e.squaw fed d.square feet
e.dy dredged f dy dredged
7.r Bordering]and Subject to Flooding
a square feet b.square feet c.square feet dsquere fed
Cubic Feet Flood Storage
e.cubic fat f cubw fed g-cubic fed h cubiefeet
8.r Isolated land Subjectto Flooding
a square feet b.square fat
Cubic Fed Flood Storage
c.-cubic fat dcubic fat -cubic feet fcubic fed
9.1-RiverfrontArea
TW al.feet b.total sq.feet
Sq ftwhldn 100 ft
o.square fed d.square fat e.square fed f.square fat
Sq It between 100-200 It
g.square fed h.square f et i.square fed j.square fat
Coastal Resource Area Imparts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate sbeunder Land Under the Ocean,below
11.r Land Underthe Ocean
a square feet b.square feet
c.dy dredged d.rly dredged
12.r BarierBeaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a square feet b.square fat c dynourishment d dynousishment
14.r Coadol Dunes
a square fat b.squarefeet cdymuishmctddynnni0anent
15.r Coastal Banks
a linear fed hlinearfed
16.r Rocky Intedidal Shoes
a square fed b.square feet
17.r Salt Marshes
Page 3 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MMDEP:
Bureau of Resource Protection-Wetlands MassDEPF0e#242-1545
WPA Form 5-Order of Conditions eDEP Tmnsaclion 11:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
a square fee[ b.square feet c.square feet d.square feet
IS,F Land Under San Ponds
asquarefset b.squsrefea
c Gy dredged d.dy dredged
19.C,Lord Cmaaming Shellfish
a square feet b.square feet c.square feet d.squaw feet
Indicate sore under Coastal Bank&inland Erotic,land Under the
20.17-FishRurs Oueao,and/or in andLoad Under Waterbodies and Waterways,
above
c.dy dredged d.cly dredged
21.r Lend Subject to Coastal Storm Flowage
asquarefcdt b.square feet
22.
C Restomtion/Enhancement(For Approvals Only)
Ifthe project is fmthe purpose ofrestaringorenhencing a wetland resource main additionto the sgaaa footage that has been
entered in Section B.5.c&it crB.17.c&it above,please entered the additional amount here.
a square feet ofBV W b.squaw feet of Salt Marsh
23.
C Streams Crossing(s)
If the project involves Stream Crossings,please enter Ne number ofnew stream crossings/number oficid ememsheamcrossings.
anumberafnewstreamcrossings 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 hereir,and with all related stemtes and other regulatory measures,shall be deemed
cause to revoke or modify has Order.
2. 'the Order does not gmrdany property,rights or any exclusive privileges;it does not adamine any injury to private property or
invasion ofprivate right&
3. This Order does not relieve the permitice or my other person ofNe necessity of complying with all other applicable federal,
state,o local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shot be completed widdntivayears from the date of this Order unless either ofthe following
apply
a the work is amaintenence 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 assn five
years,fron the date of issuance If this Order is intended mbe valid for more data three years,the
extension date and the special cvcumttanceswarranting the Worried time period are set forth as a
special condition in this Order.
5. This Ordermay,be extended by the issuing authority for one ormore periods ofupto it=years each upon applicationto the
issuing authority at least 30 days prior to the expiration date of the Order.
Page 4 of 10-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau norm 5 trz rdProtectionof Conditions
Wetlands MxsseDEP Transaction
File#:242-1545
L1
WPA Form 5-Order of Conditions eDEP Trmaadion q:456333
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Cdy/1'mvnNORTH ANDOVER
6. If this Order constitutes an Amended Order of Condifions Us Amended Order ofCorditiore docs notexead the issuance
date ofthe original Final Order of Conditions.
7. Any fill used in connection with this project shall be at=fill.Any fill shall wntain.mash rehm,tubbish,or debris,including
but not limited to lumber,bricks,planer,wile,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any ofthe foregoing.
S. This Order is not final until all administrative appeal periods from this Order have elapsed,orifsuch an appeal has been taken,
unfil all proceedings before the Department have been completed
9. No work"I be undertaken urn til the Order has became final and then has been recorded in the Registry ofDads a the Land
Court for the district in which the land is located,within the chain of tile ofthe affected property.In the case of recorded land,
the Final Order dial also be noted in the Registrys Grantor Index under the more 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 ofthe owner ofthe 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 farm most be swooped ty-the RegisOy of Deeds,
prior to the commencement ofwork.
10. A sign shall be displayed at the site not less then two square feet a more than three square feet in sin bearing the words,
"Massachusetts Department of Enviromnental Protection"
for'MwDEP'j
File Number:'242-1545"
11. Wherethe Department ofEnvironmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant stall submit a Request for Certificate ofComplisnce(WPAForm
BA)tothe Conservation Commission.
13. The work shall conform tothe plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition is 13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is Sig)ificma enough to require the fding of a new Notice of Intent
15. The Agent or members ofthe Conservation Commission and the Department of Environmental Protection shall have the rightto
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and mayrequire the submlttel of my data deemed necessary by the Conservation Commission or Department far that
evaluation
16. This Order of Conditions shall apply to any successor in interest or successor in central ofthe property subject to this Order and
W any contractor or other person perform ing 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
wetland in the vicinity of the proposed work men"I be marked by wooden stakes or flagging.Once in place,the wetland
boundary merlons shall be maintained=it a Certificate of Compliance has been issued by the Conservation Cormnission
18. All sedimentation bamersshall be maintained]in good repairuntiI all disMbed areas haw been fully stabilized with vegMfim or
other means.At no time shall sediments be deposited in a welland or water body.Darms construction,the applicant or his/her
designs shall inspect the erosion controls on adaily basis and shall remove accumulated sediments w needed.The applicant
shall immediately control any erosion problems thin occur 9 the site and shall also immediately notify,the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention comrols it may dam necessary.
Sedimentation banners shall serve as the limit of work t.another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. Thework associated with this Order(the"Project")is(1) r isnm(2)r subjemto the Massachusetts 9mmrwmer Standards.
If the work is subject to Storrawater Standards,then the project is subjecttothe following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,ifappliable,the
Smmmwmer Pollution Prevention Plan required by the National Pollutant Discharge Elimination Symern Construction General
Page 5 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MwDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1545
WPA Form 5-Order of Conditions eDEPTmnsacdon#:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Oty?awnNORTHANDOVER
Permit as required by Suarawater Standard 8.Construction period acsion,sedimentation and pollution control measures and
best mamgementpractices(BMPs)shall remain in place until the site is fully sbbilired.
b) Nos[ormwater nmoffmay be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides aCatificatimdmt:i all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period Bias intended to be converted to post construction
Operation for storm oxer attenuation,rmhage,atdlortreatmenf the conversion is allowed by the MassDEP Stone war
Handbook BMP specifications and for the BMP has been properly cleared or prepared for post construction operation,
including removal ofall construction period sediment topped in Wet and outlet control structures;it.as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilised;iii
any illicit discharges m the stormwffiermanagement system have been removed,as per the requirements ofStomowater
Standard 10;iv.all post-consnuction statnwaterBMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they a,not damaged and the they are in
proper working coalition;v,any vegetation associated with post-concoction BMPs is suitably established withstand
erosion.
c) The landowner is responsible for BMP maimenasewttl the issuing authority is notified that another party has legally assorted
responsibility for BMP maintenance.Prior to requesting aCertificme of Compliance,or Mal Cerrfime ofComp]ince,the
responsible party(defined in Genual Condition 19(e))shall execute and submitto the issuing authority anOpemtionand
Maintenance Compliance Statement("O&M Statement")for the StormwnlerBMPs identifying the party responsible for
implementingthe stonnwatu13WOpemtion and Maintenance Plan("O&M Plan")and certifying the following:Qthe O&M
Plan is complete and will be implemented upon receipt of the Certificate ofCompGanoe,and ii.)the from responsible parties
shall be notified in writing oftherongoing legal responsibility to operate and mairnainthe starmwatamaagemantBMPS and
implement the Suarawater pollution Prevention Pla,
d) Post-rnss9vction pollution prevention and source control shall be implemented in accordance with the long-tem pollution
prevenfiom plan section of the approved Stommwmer Report and,if applicable,the Stormwnta Pollution Prevention Plan
required by the National PollummDischarge Elimination System Multi-Seena General Permit
e) Unless and until another party accepts responsibility,the landowner,or comer of my drainage casenenf assures
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 the issuing aWrority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as apumiffec for
purposes ofimplememingthe requ'vements of Conditions 19(f)through 19(k)with respW 0 hat BMP.Any failure of the
proposed responsible party to implement the requirement of Conditions 19(t)through 19(k)with respect to thatBW shall
be a violation of the Order of Conditions a Certificate of Compliance.In the case of stamwnter BMPs that are serving more
than one lot,the legally binding Agreement shall also identify the hasths wit be serviced by the stmor merBMPs.Aplan and
easement deed that grants the responsible party access to perform the requital operation and maintenance must be submitted
along with the legally binding agreement
0 The responsible party shall operate and maintain all starmwater BMPS in accordance with the design plea,the O&M Plan,
and the requirements of the Massachusetts Stomrwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last does(3)cascecutive calendar yeas of inspections,repairs,
maintenance and/or replacement of the stomrwater management system or any pat thereof,and disposal(for disposal the
log shell indicate the type ofamenal 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 compliancewith the requirements for each BMP established in the O&M Plan approved by
firmsuingaathonty.
h) All Seinen[Comber contaminants removed from stormwater BMPs shall be disposed of in acomdamewith all applicable
federal,state,and local laws and regulations.
Illicit dischargesto the nomeater management system as defined in 310 CMR 10.04 aeprohibited
Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of
orna - Protection-Wetlands MassDEeDEPTrPFactim, A5633
-15,15
MTA Form 5-Order of Conditions eDEPTransac[ion H:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C7ty/Town:NORTHANDOVER
j) The stormwetermanagement system approved in the Order of Conditions shall not be changed without the prior written
approval ofthe issuing authority.
k) Areas deignmed w qualifying pervious areas for(he purpose of the Lowhnpact Site Design Credit(as defined in the
ManDEP StormwmeHmdbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)"I not be altered
without the prior written approval ofthe ison^_g authority.
D Access for maimenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencingconswcacl around
stormwmw HMPs shall include access gates and shall hem least sir inches above grade to allow for wildl ife passage.
Special Conditions:
SEE ATTACHED CONDITIONS
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection-Wetlands MassDEPFilc#:242-1545
WPA Form 5-Order of Conditions eDEP Transaction#:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cnyfrowa:NORTHANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r- No
2. The Coacryation Commission hembv(gbegk one that I'es1,
a r DENIES the proposed work which cannot be conditioned to
meet the standards stskoth in amunicipal ordinance orbylaw
specifically:
I.Mmdcipal OMinance mBylaw 2.Citation
Themime,work onthis project may not goforward unless and until an vised Notice of Intent issubmined which provides
measaes wWch are adequatcto meetdme standards,and afnal Order or Conditions is issued Whicb are necessaryw
complywith amunripal ordinance orbylaw.
b' APPROVES
r the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw PROTECTION 2Cimtion GRAPIER 178
BYLAW
3. The Commission orders that all work shell be performed in accordancewilhthe following conditions and with theNoece of
bAcat referenced above.To the este u that the following conditions modify or di8'er from the plans,specifications,mother
proposals submitted withtheNotice ofhrtaht,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw me as follows:
SEE ATTACHED CONDITIONS
Page 8 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MaasDEPFiIc#N2-1545
WPA Form 5- Order of Conditions eDEP Tmnsaction4.456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'own:NORTH ANDOVER
E. Signatures
This Order is valid for thae years from the date of issuance,uNess otherwise spxifred
pmsnva to General Condition A4.Ifthis is an Amended OnbrofConditions,the Amended 1.DateofOrigmnal Order
Orderexpires on the same date as the original Order ofCoodifions.
Please indicate the mmmberofinembers who will sign this form.This Order mostbe signed by W
amajorityoffie Conseavadon Commission. 2.NmmrburofSigcers
The Order must be mailed by certified mail(reWm receip[regaested)or handd iveredmthe appli a.Ampyalsomus[bernmied
orhand delivered atrhesamet ov,so the appropriate Depattrnon,ofEnvironm at 'on gi al Office,ifort filing
electronically,and the property owner,ifdiffmorr from applicant.
Si nat=a'
f- by hand delivery
f y certified ma�'requested,on
Date pate ad
F. Appeals
The applicant,the owner,eery person aggrieved by this Order,any owner ofland abulong the land subjeetto this Order,ormry ten
msidentsofthe city ortown to whichsuch land is located,am hereby notifiedofthehright to request the appropriate MassDEP
Regional Office to issue a Superseding OrderofCondmans.The request most be made by certified mail orhand delivery to the
Department with the appropriate filing fee and a completed Request for Deparanen al Action Fee Transmittal Form,as provided in
310 CMR 10.030 within ten business days from the date ofismance ofdds Order.A copy ofthe request shall at the same tore be
ssntby certified mail or hand delivery 0the Conservation Commission and to the applicant,Rhe/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review ofthispregw.Previous participation in the permitprocaedingracers the submission ofwrmcm information to
the Conservation Commission Porten the clow ofthe public hearing requesting a Superseding Order,or providing written information
to the Department prior to issuance ofa superseding Order.
The request shall stare 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(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations,the Defacement has no appellate j misdictim.
Page 9 of 10-ELECTRONIC COPY
LUMassachusetts Department of Environmental Protection Provided by MasDEP:
Bureau of Resource Protection-Wetlands MassDEPFtle#:242-1545
WPA Form 5-Order of Conditions eDEPTrensaction#:456333
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City?own:NORTH ANDOVER
G.Recording Information
This OrderofCondifions mustbe recorded inthe Registry of Deeds or the land Courtforthe district in which the land is located,
within the drain of fide of the affected property.Inthe case ofrecorded land,the Final Ordershall also be noted in the RegisVs
Grentor Index underthe name ofthe ownerofthe lard subjectN the Order.lnthe case oftegisteied land,this Order shall also be
rested onthe Land CourtCertificate ofUtle oftheownerofthe land subject to theOrder ofConditions.The recording information m
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Coaanission
Detach on dotted line,have shmipedby the Registry of Deeds and submit to the Conservation Commission
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please he advised that the Order of Conditions for the Project 9:
30KEYES WAY 242-1545
Project Location MassDEPFile Nomber
Has been recorded at the Registry of Deeds of.
County Book Page
fer.
Property Owner CHRiSTINEGARCIA
and has been noted in the chain of tide of the affected property in:
Book Page
1.accordance with the Order of Conditions lssred on:
Date
If recorded land,the instr u rmt number identifying this transaction is:
NswmentNumber
Ifeegistered lard,the docornent norther iden*ing this transaction is:
DavmentNumber
SignaNreofApplicant sr.Oram°
Page 10 of 10•ELECTRONIC COPY
DEP PILE#242-1545
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 followine
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 construction of an in-ground pool and cartridge style
filter,patio and fencing with appurtenant site work and grading portions of which are
within 100 feet of a Bordering Vegetated Wetland(BV W). A temporary construction
access is also proposed.
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: Phil Christiansen
Christiansen&Sergi, Inc.
160 Summer Street
Haverhill,MA 01830
Property Owner: Christine Garcia
30 Keyes Way
North Andover,MA
Site Plans prepared by: Christiansen&Sergi, Inc.
Title: Site Plan for Proposed Swimming Pool at 30 Keyes
Way in North Andover,Mass.
Prepared for: Christine Garcia
Dated: 2/6/12
Signed and Stamped by: Michael Sergi,PIS&Philip
Christiansen, PE
Wetland Delineation by: Basbanes Wetland Consulting
39 Hardy Street
Dunstable,MA 01827
Other Record Documents: Detail Titled: Infiltration Trench Detail for 30 Keyes Way
Prepared by:Christiansen&Sergi,Inc.
Dated: 2/24/12
242-1545,30 Keyes Way OOC 1 NACC 320/2012
DEP FILE#242- 1545
22.The term"Applicant' as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply to, and be binding upon, the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00),the North Andover Wetland Bylaw and
Regulations,and may require any information,measurements,photographs,
observations,and/or materials, or may require the submittal of any data or information
deemed necessary by the NACC for that evaluation. Further,work shall be halted on
the site if the NACC,agent or DEP determines that any of the work is not in compliance
with this Order of Conditions. Work shall not resume until the NACC is satisfied that
the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
des (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions or
information so warrant.
242-1545,30 Keyes Way OOC 2 NACC 3/20/2012
DEP FILE#242 - 1545
30.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall be
a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32.The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland. 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 applicants delineation of the wetland resource area
(Wetland Flags A2-A7) 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(50)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,storm 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.
242-1545,30 Keyes Way OOC 3 NACC 3202012
DEP FILE#242- 1545
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 commencement of the work.
Any Order not recorded by the applicant before work commences may be recorded by
the NACC at the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1545."
40.Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation If the NACC finds said changes to be significant,the NACC
will call for another public hearing(at the expense of the applicant). Within 21 days of
the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant
shall be considered as changes.No work shall begin on a project until written approval
has been granted by the NACC.
41. It is the responsibility of the applicant, owner,and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including installation of
sedimentation/erosion control devices,clearing,excavation,construction and re-
vegetation/stabilization.
43.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with erosion controls or temporary fencing and shall be confirmed by the
NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
242-1545,30 Keyes Way OOC 4 NACC 3202012
DEP FILE#242-1545
of machinery,storage of machinery or materials,stockpiling of soil,or construction
activity is to occur beyond this line at any time.
44. A 12-inch(minimum)Filtrexx®SiltSoxxrm shall be placed between all construction
areas and wetlands. The erosion control barrier will be properly installed and placed as
shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion,or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s)referenced in this Order of Conditions. Should such installation be required by
the NACC,they shall be installed within 48 hours of the Commissions request.
45.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 25' of additional Filtrexx®SiltSoxxTm 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
$1,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and
the NACC,and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on
the completion of all conditions hereof,shall be signed by a party or parties satisfactory
to the NACC,and Town Counsel,and shall be released after completion of the project,
provided that provisions, satisfactory to the NACC,have been made for performance of
any conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
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
242-1545,30 Keyes Way OOC 5 NACC 3/202012
DEP FILE#242-1545
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 with photographs from the"Erosion Control Monitor" to the NACC certifying
that,to the best of his/her knowledge and belief based on a careful site inspection,all
work is being performed in compliance with this Order of Conditions and that
approved setbacks are being adhered to. The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1" inch of rain or greater(24 hour event)to
ensure that soils remain stable,and erosion controls are adequate and secure
49. Prior to construction,the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone with a minimum of four(4) signs or markers placed on 4"x4"
pressure treated posts buried a minimum of 4'into the ground and spaced evenly every
30 feet incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (3 round and 1 square). This will designate their sensitivity and assure
no further inadvertent encroachment into the wetland. These permanent markers are
subject to review and approval by the NACC. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant. These markers shall remain posted and be replaced as
necessary in perpetuity. Markers are available from the Conservation Department($2
round/$3 square).
50. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix A"
signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five(5)business days prior to
the closing of said land transaction.
51. Once these above mentioned pre-construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,wetland
scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,subcontracts,
and specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors
242-1545,30 Keyes Way OOC 6 NACC 320/2012
DEP FILE#242- 1545
and other personnel performing the permitted work are fully aware of the permit's
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the identity
of the on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as notice of
the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
52. There shall be no changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
53.Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work,the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#48 above)detailing what work
has been done in or near resource areas,and what work is anticipated to be done over
the next period.This will update the construction sequence.
55. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific
to pool dewatering is complete. De-watering activities shall be conducted as shown on
the approved plans and shall be monitored daily by the erosion control monitor to
ensure that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject
to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland
Bylaw. If emergency de-watering requirements arise,the applicant shall submit a
contingency plan to the Commission for approval,which provides for the pumped
water to be contained in a settling basin,to reduce turbidity prior to discharge into a
resource area.
56. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,lath,
paper,cardboard, pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the
foregoing.
242-1545,30 Keyes Way OOC 7 NACC 3202012
DEP FILE#242-1545
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 1S1 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 fifty(50) feet of any
resource area. All stockpiled materials shall be located in the location designated on the
approved plans.
60.The temporary construction access shall be kept free of accumulated sediment
deposited by construction vehicles accessing the site and shall be restored to original
grades upon completion of construction.
61.Washings from concrete trucks,or surplus concrete,shall not be directed to,any
drainage system,or wetland resource area. If truck washing is required a location for
such activity shall be approved by the Conservation Department.
62. All waste generated by, or associated with,the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
63. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
64. During and after work on this project,there shall be no discharge or spillage of fuel,or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1)business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas,and no vehicle refueling,equipment lubrication,or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
242-1545,30 Keyes Way OOC 8 NACC 3/202012
DEP FILE#242- 1545
65. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
66.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (<5%),and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area.This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
67. No backwashing is associated with the installed cartridge filtration. Draining of pool
water is not permitted directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. Pool water shall be pumped
into a tanker truck should there be a need to drain the system as proposed in the Notice
of Intent.This condition shall survive the issuance of a Certificate of Compliance.
68. 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.
69. Upon approved site stabilization by Conservation staff,the erosion controls shalt be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
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.
242-1545,30 Keyes Way OOC 9 NACC 3202012
DEP FILE#242- 1545
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 my disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
71. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas except in those locations
approved under DEP#242-1545. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC(Phe
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw);
Resource Area Markers (Condition#49);
➢ Discharge or spillage of pollutants (Condition#64);
➢ Prohibition of underground fuels(Condition#65);
➢ Limitations on the use of fertilizers,herbicides and pesticides (Condition
#66).
➢ Cartridge filtration required/no backwashing or pumping to resource areas
(Condition#67)
242-1545,30 Keyes Way OOC 10 NACC 3202012
DEP FILE#242 - 1545
APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CFIECKATLEAST ONE BLOCK)
L_ 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.
&/or
2_ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
Sr
4. 1 hereby affirm and acknowledge that on this day of 19_
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
2421545,30 Keyes Way OOC 11 NACC 3/202012