HomeMy WebLinkAboutMiscellaneous - 14 LORRAINE AVENUE (2) L�c .q�._ /3yL�te Fir. Q/tlLy DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1480
Nan+l fled ovCC rr ,�4w+s P/e1e�Tieo gy/yv Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fortes on the
wmputer,use David Kindred
only the tab key Name
to move your 14 Lorraine Avenue
cursor-do not
use the return Mailing Address
key. ��� North Andover MA 01845
/— I
Cilyrrovm State ZiP Code
2
r . This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Peter Breen Brea more Realty Trust
^° Name
April 13 2012&Amended July 23 2013 242-1480
Dated DEP File Number
3. The project site is located at:
14 Lorraine Avenue North Andover
Street Address City?own
Map 47 Parcel 1
Assessors Map/Plat Number ParwVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Peter Breen Breenmore Realty Trust
Property Owner(ff different)
Essex Northern ooc=13616 57
County Book Page
Amended OOC=Book 13616 Page 92
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11117/15
Date
B. Certification
11a1rin8b maev.112119 NTI,Fwm 8B,cenlAwW al Comp11mm-Pope1 N3
L o c;,4 L • /Z>-c) L'4a F %nf cov L/ I DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1480
Ellev6AAolleo-r5cr,4we.14461 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 Cer ification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without fling a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
74
C. Authorization
Issued by:
North Andover n^ 3
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http'//www mass nov/eea/agencies/mandeWatrout/wntactstfind-the-massdeo-
ionaloffice-for- o ci - -town. I).
Signatures:
D r r
wpel ddoe-rev.5139119 WPF Form aB,c.dmeawacedomwee•Pace2 MJ
DEP File Number:
WPA For"�m• 86 — Certificate of Compliance 242-1480_ zaz-laao
,f®fQ(4/.j /rJv d'P�C- tLA�r �/?B?BG�jttO ' [O[✓ 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.
Y-6--------------------------------------------------------------------------------- ._._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
14 Lorraine Avenue 242-1480
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
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
Wdmmft ox•rev.5 WU MA Fam Be Cenffirate IX Cwrylia--PQe 303
0- ILI
0 Massachusetts Department of Environmental Protection Pmvided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1480
WPA Form 5-Order of Conditions eDEP Transection#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/Pown:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a First Name BREENMORE RT b.Last Name NEVE-MORIN GROUP
C.Organization C/O THE NEVE-MORIN GROUP .
d.Mailing Address 447 BOSTON STREET
e.City/rown TOPSFIELD f State MA g.Zip Code 01983
4.Property Owner
a First Name BREENMORE RT b.Last Name NEVE-MORIN GROUP
C.Organization C/O THE NEVE-MORIN GROUP
d Mailing Address 447 BOSTON STREET
C.Civro. TOPSFIELD f.State MA g.Zip Code 01983
5.Project Location
e-Strect Address 14 LORRAINE AVENUE
b.City/ro. NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#47 e.ParcetLot# LOT 1
f Latitude 42.67919N g.Longaude 71.1193W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERNESSEX 6945 219
7.Dates
a Date NOl Filed:6/12010 b.Date Public Hearing Closed: 7/24/2013 c.Date OfIssuance- 723/2013
8.Final Approved Plans and Other Documents
a.Plan Tide: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Bate: e.Scale:
PROPOSED SITE THE NEVE-MORIN
DEVELOPMENT- GROUP,INC. JOHN M.MORIN,P.E. Jane 26,2013 V=20'
OPTION E
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10 a ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/fown:NORTH ANDOVER
Following the review of to the above-referenced Notice of Intent and based on the information provided to this application and
presented atthe pubic hearing this Commission finds that the meas in which work is proposed is significant to the following interests of
the Wetlands Protection Act
Check all that apply:
a r Public Water Supply b. r- LanclContainfigShellfish c.r Prevention of Pollution
d. r Private Wafer Supply e. r Fisheries f. r Proteemom'Wildkfe Habitat
g. r Ground Water Supply h. r Storer Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a r The following conditions which are necessary in accordance with the performance standards set form in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached m this Order.To the extent diat the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Tbehefore,
work on this project may not ger forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work a the effect of the work on the interests
identified in the Wetlands Protection Act Therefore,work on this project may not go forward miles;and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequale to protect the interests of the
Ad,and a fatal Order of Conditions is issued.A desorption of the specific information which is lacking and why it is
necessary H attached to this Order as per 310 CMR 10.05(6)(c).
3.17 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wedand resource I
area specified in 3 10CIvIR 10.02(lXa). a linear feel
Inland Resource Area Im pacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBank
a lineerfcet b.Ihhemfed alinemfcet dlinearfed
5.G Bordering Vegetated Wetland
a square fed b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a;qumefeet b.squmefcet c.square feet d.square feet
TOT-dredged f rly dredged
7.r BoNenng Land Subject b Flooding
a square fed b.square fee[ c.square feet d square fed
Page 2 of 10•ELECTRONIC COPY
UMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/fown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic fed £cubic feet gwbh.cubic feet
8.r Isolated Land Subject to Flaodiog
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feete.cubic feet f cubic fee[
9.r Riverbvru Area
a total sq.feet b.total sq.feet
SgftwiOdn 100 ft
a square feet d square feet e.square feet f,square feet
Sq It between 100200 ft
g square feet h.square feet i.square fat j.square feet
Coastal Resource Arm Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Deagoazed Pmt Areas Indicate sift under Land Underthe Coma below
11.r Land Under the Ocean
Z square feet b.square fat
c.dy dredged d.Gy dredged
12.r-Barrier Beeches Indimte s=under Coastal Beaches and/or Coastal Dines below
13.r Coastal Beaches
a.square fat b.square feet c.dy nourislanda d dy nourishmvd
14.r CoasW Dunes
a7q feet b.square fat e.dynourishment d.cly nounshmem
15.r Coastal Banks
ahnearfeet b.linear feet
16.r Rocky Interddal Shores
asgoarefed b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
IS.r Land Under Salt Ponds
a square felt b.were fee[
c.dy dredged d.dy dredged
19.r Load Containing Shellfish
a square feet b.square feet c.square feet d square feet
Page 3 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:2412-1480
WPA Form 5 -Order of Conditions eDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/PowuNORTH ANDOVER
Indicate are under Coastal Banks,inland Bank,Lend Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.oty dredged d.cly dredged
21.r Land Subject to Coastal Storm Flowage
a square feet b.square feet
22.
C Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of maturing or enhancing 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,plesse entered the additional amount here.
a square feel of BW W b.square feet of Salt Marsh
23.
r streams Crossing(s)
If the project involves Stream Crossings,please enterthe numberof new stream amsingstnumber of replacement scream crossings.
a mm�berofnew stream crossags b.number ofreplacement antenna crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable fo Approved projects
1. Failure to comply with all conditions stated herein,and with all related sonatas and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize my injury on private property
invasion ofprivete rights
3. This Order does not relieve the permittee on my other person of the necessity of complying with all other applicable federal,
state,or local statmes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply
a the work is a maintenance dredging projeaas provided for in the Act;or
b.the time for completion has been extended in a specified date more than three years,but less than five
years,from the date of issumce.If this Order is intended a be valid for more then duce years,the
extension date and the special c'ucumsances warranting the e#ended time period are ser forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for ora;or more periods of up m three years each upon application In the
issuing authority m least 30 days prior to the expiration date of the Order.
6. If this Order constiates an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with ttds pmjen shall be clean fie.Any fill sinal contain no trash,refers;rubbish,or debris,including
but not limited a lumber,bricks,plaster,wire,lath,paper cardboard,pipe,tires,ashes,refrigemars,motor vehicles,or posts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Corot for the district in which the land is located within the chain of title of the affected properly.In the case of recorded land,
Page 4 of 10*ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the time of the owner of the land upon which the
proposed work is to be done.N the case of the registered land the Final Order shall also be noted on the Land Court
Certificate of Title of the 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 form most be stamped by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall be displayed at the site not less then two squarefeet or more than three square feet in sine hearing the words,
"Massachusetts Department of Environmental Protection'
[or'MassDEP"]
File Number:"242-1480"
11. Where theDeparonent of Environmental Protection is requested to 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 described herein,the applicant shall submit a Request for Certificate ofCompliance(ATA Form
8A)in the Conservation Cormussion
13. The work shall conform to the plans and special conditions refereneced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant in inquire of the Conservation Commission
in writing whether the change is siguficatuenough to require the filing of a new Notice of Intent.
15. The Agent a members ofthe Conservation Commission and the Department ofEnvironmental Protection shall have the right to
enter and inspect the amasubjectlo this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for War
evaluation.
16. This Order of Conditions shall apply to my successor,in interest or successor in central of the property subject to this Order and
to any contrac err or other person perfomdng work conditioned by this Order.
17. Prior in the start ofwork,and if the project involves work adjacent an a Bordering Vegetated Weaarid,the bmmdary of the
wetland in the vicinity of We proposed work area shall be marked by wooden stakes or flagging.Once in place,the wet and
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission
18. All sedimentation barriers shall be maintained in good mpairunlit all disturbed areas have been forty stabtlGed with vegetation or
other means.At no nine shall sediments be deposited in awedand or water body.During concoction,the applicant or hs/her
designee shall inspect the erosion controls on a daily basis and shall remove accumWated sediments as needed.The applicant
shall immediately commit any anion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention comerls it may deem necessary.
Sedimentation barriers shag save as the limit of work unless;soothe limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Pmjecf)is(1) r is net(2)r subject to the Massachusetts S6mrmwater Standards.
If the work is subjectW Swunweter Standards,herr the project's subject to the following conditlons;
a) All work,inchrding site Preparation,land diStUdance,construction and redevelopmenS shad be implemented in accordance
with the construction period pollimon prevention and erosion and sedimentation council plan and,if applicable,the
StonmwmerPollution Prevention Plan required by the National PollutantDisk7srge Elimination System Construction General
Permit as required by Stermwater Standard 8.Construction period emsion,sedimartarion and pollution control measures and
hest management practices(BMPs)shall remain in place mail the she is fully stabilized.
b) Nostommwae,nmoffmay be discharged to the post-consouction stormwater BMPs unless and until a Registered
ProfmionalEngn provides a Cetificanon that:i.all construction period BMPs have been removed in will be removed by
a dare certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
opeation for stommwate,attenuation,recharge,and/or treatrrmenr,the conversion is allowed by the MassDEP Stormwamr
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post concoction operation,
including removal of all construction period sediment trapped in Wet and outlet control structures;ii..as-buiftfirnel commacdon
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fWly stabilized;UL
my illicit discharges in the stonnwater management system have been removed as per the requirements of Sommwmer
Page 5 of 10'ELECTRONIC COPY
U Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions cDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CtylTowmNORTHANDOVER
Standard 10;iv.all post-construction stormwaterBMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected m ensure that they are not damaged and and they are in
proper working condition;v.any vegetation associated with post-construction BMFs is suitably established to whhstand
erasion
c) The landowner is responsible for BMP nminterimnw until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior an requesting a Certificate of Compliance,a Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stomrwater BMPs identifying the party responsible for
implementing the skrmoo er BMP Opemion and Maintemance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will he implemented upon receipt of the Certificate of Compliarse,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwver management BMPs and
implement the Stmmwater Pollution Prevention Plan
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-tem/pollution
prevention plan section of the approved SwrrawmerReport and,if applicable,the Stormwmer Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage casement,assmnes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property most submit to the
issuing authority a legally binding agreemci t of record,acceptable m the issuing authority,evidencing Naz another entity has
accepted responsibility for maintaining the BMP,and dust the proposed responsible parry shall be tremed as a penninee for
purposes of implementing the requirement of Conditions 19(f)through 19(k)with respect tivat BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect m that BMP shall
be a violation of the Order of Conditions or Cerdficme of Compliance.In Ne case of stormwmer BMN tint are serving mom
than one lot the legally binding agreement shall also identify the lots that will be serviced by the stormwmerME&A plan and
easement deed that grants the responsible party access m perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all smrnwater BMRs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwatcr Handbook.
g) The responsible parry shall:
1.Maimam an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stommater management system or any pan thereof,and disposal(for disposal the
log shill indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agent of the MassDEP and the Commission m enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the Laing authority.
h) All sediment or other contaminants removed from stmmwmer BMRs shall be disposed of in accordance with all applicable
federal,start,and local laws and regulations.
) Illicit discharges to the srormwater management system as defined in 310 CMR 10.04 are prohibited
j) Thestormwmer management system approved in the Order of Conditions shall not be changed widmutthe pno written
approval of the issuing authority.
k) Ants designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Smrmwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shill not be altered
without the prior written approval of the issuing authority.
) Access for maintenance,repair,m llor replacement ofBMPs shall not be withheld.Any fencing constructed around
stormwarm BMPs shall include access gams and shall be at least six inches above grade m allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10 s ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
�— Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#.578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/To.NORTH ANDOVER
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File N:242-1480
WPA Form 5-Order of Conditions eDEP Tmnsecdon as7a77a
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r- No
2. The Conservation Commission herebvicheck one that applies):
a l— DENIES the proposed work which cannot be conditioned to
mcetthe standards set forth in a municipal ordinance orbylaw
spec'dically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may notgo forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to mcd those standards,and arms]Order or Conditions is issued.Which are necessary to
comply with amunicipal ordinancearbylaw:
b. r APPROVES the proposed work,subject to the following
additional conditions
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTEON
BYLAW
3. The Commission orders drat all workshall be performed in accordance with the following conditions and with the Notice of
Intentreferenced above.To the extent that the following condhimsmoddy ordifler from the plans,speci&aiori%a other
proposals submitted with the Notice of Intent,the conditions shat control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10'ELECTRONIC COPY
' oOoa / �y/ate D� /�n ta
Massachusetts Department of Envirol Protection Pmvidedby MassDEP:
Bureau of ResourceProtection-Wetlands MassDEP File#:242-1480
MTA Form 5 -Order of Conditions cDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Cdy/Ibwn:NORTH ANDD VER
L1
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
4/132012
pursuantrexpires
General same
as4.If the or a an Amended OrderitofConditions,the Amended 1.Date of iginal Order
Order expires on the same date ns the original Order of Conditions.
Please indicate the number of members who will sign Us form.This Order mus[be signed by 2.Number ffSigners
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hard delivered at the same time to the appropriate DepartmentofEnvimnmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
C by hand delivery on "y certified mail,return receipt requested,on
I / 0r ./13
Date Date
F. Appeals
The applicant the owner,any person aggrieved by this Order,any owner of land abutting the land subjectm this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mad or hand delivery to the
Department with the appropriate filing fee and a completed Request for Depamnental Action Fee Transmittal Foray as provided in
310 CMR 10.03(7)within ten business days from the data of issuance of this Order.A copy of the request shall at the same time be
seat by certified mail in limit delivery to the Conservation Commisaion and ro the applicant if he/she is rat the appellant.
Any appellants seeking in appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participatim in the review of this project Previous participation in the permit proceeding means the submission ofwritten information to
the Conservation Commission prior to the close of the public hearing requesting a Superseding Order,or providing written information
in the Department prior to issuance of Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the promotion of the interests identified in the Massachusetts Wetlands Protection Act(NCG.L.c. 131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.011).To the extent that the Order is based an a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has an appellatepinsdiction.
Page 9 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:578778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chyfrown:NORTH ANDOVER
G. Recording Information
This Order of Conditions most be mcmded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title ofthe affected property.In the can of recorded land the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
TO:
NORTH ANDOVER
CouavationC�im
Please be advised that the Order of Conditions for the Project at:
14 LORRAINE AVENUE 242-1480
Project Location MassDEP File Number
Has been recorded a the Registry of Deeds of:
Counly Book Page
for.
Property Owner BREENMORE RT NEVE-MORIN GROUP
and has been noted to the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land the instrument number identifyingthis transaction is:
InswmesaNumber
If registered land,the document number identifying this transaction is:
Documan Number
Sigrart eofApplicant ""`O1n010
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242-1480(AMENDED—Local Bylaw Only)
Findines:
• On June 27,2013 the North Andover Conservation Commission received an
Amendment Request for DEP File No. 242-1480 as it pertains to the North Andover
Wetlands Protection Bylaw.
• A public hearing was properly posted and advertised and abutters were notified in
accordance withthe North Andover Wetlands Protection Bylaw and Regulations.
• A public hearing was held on the local bylaw matter on July 10,2013 and continued to
July 24,2013.On that date,the public hearing was closed and the Amendment Request
approved.
• On June 27,2013 the applicant requested to amend the Superseding Order of
Conditions(SOC) issued by the Massachusetts Department of Environmental
Protection under DEP File No. 242-1480. On July 17, 2013 the applicant received an
email from the Department of Environmental Protection, stating that DEP did not
have any comments on the proposed changes and that an SOC Form 5 would issue.
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: demolition of an existing single family house, porch,
driveway and detached garage and construction of a new single family house,
enclosed screen porch(with gravel base storage area under),sump pump,driveway,
stone wall and associated site work and grading including a drip edge. All work is
within 100 feet of Bordering Vegetated Wetland (BV W). Buffer zone restoration
planting is 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: John M. Morin,PE
The Neve-Morin Group, Inc.
447 Old Boston Road
Topsfield, MA 01938
Date: May 28, 2010
Property Owner: Breenmore Realty Trust
95 Lawrence Road
242-1480, 14 Lorraine Ave AMENDED 1 NACC 726/20/3
DEP FILE N 242-1480 (AMENDED-Local Bylaw Only)
Boxford,MA 01921
Site Plans prepared by: The Neve-Morin Group,Inc.
Titled: Plan of Land in North Andover, Mass.
Showing"Proposed Site Development-Option E"
14 Lorraine Avenue
Dated: December 14,2011
Last Revised: June 26,2013 (Amendment Plan)
Signed and Stamped by:John M. Morin, PE
Buffer Zone Enhancement Area Plan
Page 6 &7 of February 10,2012 Letter from Neve-Morin
Group, Inc.
Other Record Documents: Letters from The Neve-Morin Group
Dates: November 4,2011 (Alternatives Analysis);
December 15,2011;February 1,2012, February 10,2012;
March 21,2012
Waiver Request Form
Date: 3/27/12
Amendment Request DEP File No. 242-1480
Prepared by The Neve-Morin Group,Inc.
Dated:June 27,2013
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
242-1480, 14 Lortaine Ave AMENDED 2 NACC 726/2013
DEP PILE#242-1480(AMENDED—Local Bylaw Only)
Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations,and may require any information,measurements, photographs,
observations,and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations),
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
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 (BV W). 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 this resource area to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. At the March 28,2012 public hearing,the NACC granted a waiver of the twee five
foot(25') No-Disturbance Zone and the Lift foot(50') No-Construction Zone from the
edge of the adjacent wetland resource area as shown on the herein referenced plan
dated June 26,2013 and as established in the waiver request referenced herein. The
242-1480, 14 Lorraine Ave AMENDED 3 NACC 726/2013
DEP FILE#242-1480(AMENDED—Local Bylaw Only)
Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw on other
portions of the site except as shown. (See Section 3.4&Appendix F of the local
Regulations).
35. The NACC finds the applicant's proposal for restoration of the No-Disturbance Zone
behind and in front of the stone wall to be adequate. The restoration shall be
completed in accordance with the Buffer Zone Enhancement Area Planting Sequence
referenced herein.
36. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
242-1480, 14 Loneine Ave AMENDED 4 NACC 7/26/2013
DEP FILE#242-1480 (AMENDED—Local Bylaw Only)
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1480."
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
42. It is the responsibility of the applicant,owner, and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction, including the installation of
sedimentation/erosion control devices,installation of drainage, dwelling construction,
buffer zone restoration, stone wall construction,paving and final stabilization on-site.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
45. A compost filter sock shall be placed between all construction areas and downgradient
areas as shown on the herein referenced plan. 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
242-1480, 14 Loraine Ave A6ENDED 5 NACC 726/2013
DEP PILE#242-1480 (AMENDED—Local Bylaw Only)
areas not shown on the plan(s)referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 30 additional feet of filter sock or 10 hay bales and
sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay
bale to equal 3 feet of fence). Said sock/bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion
47. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 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.
48. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1)lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
49. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent)as an "Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site,during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report including photos 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
242-1480, 14 Laraine Ave AWNDED 6 NACC 7/262013
DEP FILE#242-1480 (AMENDED—Local Bylaw Only)
approved setbacks are being adhered to, The erosion control monitor must visually
inspect all sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity,and/or
other water quality impacts.The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater(24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure
51. Once the stone wall (shown on the herein reference plans) is established, the applicant
shall permanently mark the wall with signs or markers spaced evenly every 30 feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (3 round for every 1 square). In addition, one post/small boulder will
be added to the new(part of amendment) mitigation area in front of the wall. This will
designate the resource area 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).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five(5)business days prior
to the closing of said land transaction.
53. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor,the engineer or environmental monitor,and the applicant to ensure that all
of the Conditions of this Order are understood. This Order shall be included in all
construction contracts,subcontracts,and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors,subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will he 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
242-1480, 14 Lorraine Ave AMENDED 7 NACC 7/262013
DEP FILE#242-1480(AMENDED—Local Bylaw Only)
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. 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.
55.The applicants, owners, and their successors and assignees, shall maintain the
subsurface infiltrators and outlet pipes, and other elements of the drainage system in
order to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the
integrity of vegetative cover on the site.
DURING CONSTRUCTION
56. IMPORTANT: Immediately upon completion of the dwelling foundation,and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.)which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
57. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period.This will update the construction
sequence.
58. De-watering activities are not anticipated as part of the proposed project. No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
59. Any fill used in connection with this project shall be clean fill,containing no trash,
refust, 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.
242-1480, 14 Lorraine Ave AMENDED 8 NACC 7/2612013
DEP FILE#242-1450(AMENDED—Local Bylaw Only)
60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 19 of each year.Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction,any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
61. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
62.There shall be no stockpiling of soil or other materials within twenty-five (25)feet of
any resource area.Stockpile locations shall be approved by the Conservation
Department.
63.Washings from concrete trucks, or surplus concrete, shall not be directed to,any
drainage system,or wetland resource area. If truck washing area must be designated
and approved by the Conservation Department prior to the foundation installation.
64. 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.
65. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
66. 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
67. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
242-1480, 14 Lorraine Ave AMENDED 9 NACC 726/2013
DEP FILE#242-1480 (AMENDED-Local Bylaw Only)
68.The proposed screen porch is located in the No-Disturbance Zone. As part of its
approval of the waiver of the screen porch, the NACC requires a restriction, in
perpetuity,on the permanent enclosure/heating,insulating or conversion to indoor
living space of the screen porch area.
69. 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.
70.There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or within the no-disturbance zone. This condition shall remain
in perpetuity.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
looming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
73. Upon completion of the project the applicant shall submit the following to the
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.
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:
242-1480, 14 Lorraine Ave AMENDED 10 NACC 7/26/2013
DEP FILE#242-1450 (AMENDED—Local Bylaw Only)
➢ "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 iy disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
74. 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 on lot except in
those locations approved under DEP#242-1450. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.4 of the Regulations for performance standards within these
zones). The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers(Condition#51)
➢ Discharge or spillage of pollutants (Condition#66);
➢ Prohibition of underground fuels (Condition#67);
➢ Restriction on converting screen porch to permanent living space(Condition
#68)
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#69);
242-1480, 14 Lmai.Ave Ab1ENDED I1 NACC 7/26/2013
DEP FILE#242-1450 (AMENDED—Local Bylaw Only)
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#70);
242-1480, 14 Laine Ave AKUNDED 12 NACC 726/2013
DEP FILE#242-1480(AMENDED—Local Bylaw Only)
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 or NACC 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.
A
4. 1 hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
A
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
242-1480, 14 Lorraine Ave AWNDED 13 NACC 7/262013
AINEEMM
CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
14 Lorraine Avenue, North Andover
At the November 6,2013 public hearing the North Andover Conservation Commission
(NACC)voted to issue a minor modification to DEP File#242-1480. The modification
permits the trenching of underground utilities an additional 75 feet from an existing utility
pole to the new dwelling.The proposed trench is 8 feet from the wetland resource area
within the existing disturbed edge of roadway.All work must conform to the plans and
documents referenced herein. Erosion control is in place and will be replaced as needed
prior to the start of trenching.
Applicant: The Neve-Morin Group, Inc.
John M. Morin,P.E.
447 Boston Street
Topsfield,MA 01983
Property Owner: Breenmore Realty Trust
Record Plans: Site Plan of Land—with hand edits
Received: October 30,2013
Other Record Documents: Email from John M. Morin,P.E.
Dated: October 30,2013
Subject: 14 Lorraine Ave(DEP#242-1480)—Underground
Utilities
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:htip://w .ww ofmorthmdom.c=/Pages/NAndoverMA—Conservation/index
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: -rhe NPve- mzr&,.,i �xov
q111 Amc-rAN cr&r r-
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as a Modification to the Order of Conditions issued in File 242-74Po dated -10a and
recorded in Book 3 /G and page 9.1
Issued by[he ORTH ANDOVER CONSERVATIO COMMISSION:
i
On this yI a 4'v, of L47.j before me personally appeared Louis Napoli to me
day mon yr
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public IN
yNAN.WEDGE
[� eomNrceualo
+ cowpmeumaurssonmsErrs
160D Osgood Street Suite 1035,North Andover, i W settmy ---
Phone 918.688.9530 Fox 978.688.9544 Web www. own- noron over.mm
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEPTYansaclion#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a N 00C b.r Amended DOC
3.Applicant Details
a FbstName b.LaaName
a Orgumafion C/O THE NEVE-MORIN GROUP
d.Mailing Mdress 447 BOSTON STREET
e.Cityfrown TOPSFIELD f State MA g.Zip Code 01983
4.Property Owner
a Fit Name PETER b.Last Name BREEN
e.Organization BREENMORE REALTY TRUST
It Mailing Address 14LORRAMAVE
e.Carfror o NORTH ANDOVER f State MA g.Zip Code 01845
5.Project Location
aStroct Address 14LORRAMAVENLIE
b.Cityffoavp NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#46&47 e.Parcel/LoW 105,107&1
f Latitude 42.67919N 9.Longitude 711193W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 6945 219
NORTHERN ESSEX 4475 291
NORTHERN ESSEX 4882 117
7.Dates
a Date NO[Filed:6/12010 b.Date Public Hearing Closed:3252012 c.Dara OfIssuance:4/132012
%.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PROPOSEDSITE THENEVE-MORIN
DEVELOPMENT- GROUP JOHN M.MORIN,PE March 21,2012 1"--20'
OPTION
Page 1 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFilc#:242-1460
WPA Form 5-Order of Conditions eDEP Transaction#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City rawn:NORTH ANDOVER
B. Findings
LFmdings pursuant to the Massachusetts Wetlands Protection Act
Following the review ofthe the above-ceferencedNotice oflntent and Lased cm die information provided in"supplication and
Presorted athe public hearing this CommL4slorl finds that the areas,in which work is proposed is significant to the following interests of
the Wedinds Protection Act
Check all that apply:
a. F Public Water Supply b. r Inrd Containing Shellfish c.r, prevention ofpollution
d. F Private Water Supply e. r Fisheries E f+ProtecdonofWildlife HabiW
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby fids the projeq as proposrd,is:
Approved subjectm:
a.F The foflmmg conditions which m necessary in accordance with the perfonnnnce standards setforth in the wedunds regulatiom.
This Commission orders that all work shill be performed in accordance with the Notice ofhrtent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify m
differ from the glands,specifications,or oherpmposals submitted with the Notice off rcra;these conditions slid control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards sial ford,in the Welland regulations.Therefore,
work an ttris project may not go forward unless and until arew Notice oflntent is submitted which provides measures which are
adequate to protect interests ofthe Act,and afinal Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The udmmatioa submitted by the applicant is not sufficient to describe the site,the work or the elfca ofthe work on the interests
identified in the Welland&protection Act Therefore,work on this project may not go forward unless and until arevised Notice of
Intent is submitted which provides sufficient information and includes measures which me adequate to protect the interests ofthe
Act,and a final Order of Conditions is issued.A description of the specific information which is tacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.F Buffer Zone ImpacimShortest distance between fruit ofproject disturbance and the wetland resource 1
area specified in 310CMRI 0.02(l)(a). a lirrear feet
Island Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBank
almrmfeet b.linesrfeet c.lmem feet d.tirmrf¢t
5.r Bordering Vegetated Wetland
a square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a square feet b.square feet c.square fee[ d square feet
Page 2 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Aovided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transection#:464296
Massachusetts Wetlands Protection Ad M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
c dy dredged f dy dredged
7.r Bordering lend Subject to Flooding
TN—feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic few f.orbic feet g.orbic fat h.cubic feet
8.r Isolated Land Subject to Flooding
a square Cees b.squaw fep
Cubic Feet Flood Storage
c.cubic feet d.orbic fat e.cubic feet f.cubicfeet
9.r RiverfromArea
TOW sq.fat b.total sq.feet
Sq ft within 100 ft
c aghavefat d.squarefeet e.square feet f.square feet
Sq ft betwan IM210 ft
g square feet h.square feet i.square feet j.square fat
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r DesignatedPort Areas Indicate sice under Land Under the Ocean,below
11.r Land Under the Oman
asquarefcd b.squarefeet
c.dy dredged d.c,/y dredged
12.r Barrier Beaches indicate size under Crestal Beaches and/or Consist Dunes below
13.r Coastal Beaches
a square feet b.square feet c.dY nourishment d dy notuishmwt
14.r Coastal Dunes
a square feet b.sgtserefeet edynauiAm ddY nomisbromt
15.r Coastal Banks
alinarfat b.linear fat
16.r Rocky Intertidal Shores
a square feet b.square feel
17.r Salt Marshes
a square feet b.square feet 7-sq.-feet d square feet
18.r land Under Salt Ponds
a square fee[ b.square feet
e.e/y dredged d.dy dredged
Page 3 of 10•ELECTRONIC COPY
L13Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of ResourceProtection-Wetlands MacaDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:464296
Massachusetts Wetlands protection Act M.G.L.c. 131,§40 CSty/fown:NORTH ANDOVER
19.r Land Containing Shellfish
TN—feet b.square feet a square feet ct square fed
Indicate sire under Coastal Banks,Wend Bank,Land Under the
20.rFehRum Ocean,and/or idand Land Under Waterbodics and Waterways,
above
c.dy dredged d.Uy dredged
21,r Land Subject 0 Coastal Storm Flowage
asquarefeet b.square fat
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.1 To&d above,please entered the additional amount here.
a square feet ofBV W b.square feet ofSaltMarsh
23.
r streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number of new antenna crossingsrnumber of replacement stream,crossings.
a number ofnew stream crosshmgs b.number ofreplaaawast stram cossungs
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
I. Failure to comply with all conditions stated herein,and with all related swares and other regulatory measures,shell be deemed
cause torevoke or modify this Order.
2. The Order does not grant my property rights or any exclusive privileges,it does not authorize my injury to private properly or
invasion of private righu.
3. This Order does not relieve the pemunce or any other person of the necessity of complying with all oOrerapplicablefederal,
state,orlaal statutes,ordinances,bylaws,or regulations.
4. The workaulhon6ed hereundershall be completed within duce years from the date of this Order unless citherof the following
apply:
a the work is amaWenance dredging project as provided for in the Act;or
b.the time for completion bas been extended to a specified data more than tluee years,but less than five
years,from the date of issuance.If Ns Order is intended to be valid for more than three years,One
extension data end the special ciucumstanceswarranting the extended time period are set forth as a
special condition in dus Order.
5. This Order may be extended by the issuing authority for ore or more periods ofupin three years each upon application to the
issuing authority at least 30 days prior to the expiration data of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Oder of Conditions.
7. Any fill used in connection withthis project shall be clean fill.Any fill shall contain no task refose,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wee,lath,paper,cardboard,pipe,Ores,ashes,refrigerators,motor vehicles,or pans of
a nyoftheforegomg.
8. This Order is not final until all administrative appeal periods from this Order haw elapsed,or if such an appeal has been taken,
Page 4 of 10•ELECTRONIC COPY
LJMassachusetts Department of Muvironmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.-242-1480
WPA Form 5-Order of Conditions cDEP Transaction#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chy/fovvn:NORTH ANDOVER
until all proceedings before the Department have been completed.
9. No work shall be undertaken unth the Order has become fund and then has been recorded in the Registry of Deeds orthe Land
Cmatfor the district in which the land u located,within the chain oftitle ofthe affected property,In the case ofrecorded land,
the Final Order shall also be noted in the Registys Gradcrinde underthe name ofthe owner ofthe land upon which the
proposed work is to be done.In the case ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate of Title ofthe owner ofthe land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form mthe end of this Order,which form must be stomped by the Registry of Deeds,
prior to the commencanua ofwork.
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department ofEmironmemal Protection"
[or'MeSDEP"]
File Number"242-1480"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion ofthe work described herein,the applicant awl submit a Request for Certificate ofCompliance(WPA Form
8A)to the Conservation Commission
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Commission
m writing whether the change E significant erne*to require the filing ofa new Notice affect.
15. The Agent or members ofthe Conservation Commission and the Department ofEnvim mental Protection shall have the right to
order and inspect the area subject to this Order at reasonable hoes to evaluate compliance with the conditions stated m this
Order,and may require the submittal ofany data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order ofConditiort"hall apply to any successor in interest or successor in control ofthe property subject to this Order and
to miry contactor or other person performing work conditioned by this Order.
17. Prior to the start ofwok and ifthe project involves wok adjacent to a Bordering Vegetated Wettest,the boundary of the
wedand in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary rnarkers shall be unnamed until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in awetted or water body.During construction,the applicant ahLo.
designee shall unspent the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems me occur a the no and shall also immediately notify the Conservation
Commission,which reserves the right kr require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentationberiers shall serve as the limit ofworkunless mother limit ofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(flic Project")is(1) r is Out(2)r subject to the Massachusetts Storrwater Standards.
Ifthe work is subject to Stecoveer Standards,then the project is subject to the following conditions;
a) AO work including site preparation,land distubanoe,construction and redevelopment,shall be implemented in accordance
with the destruction period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
Sformwmer Pollution Provence Plan required by the National Polluter Discharge Elimination System Construction Genual
Permit as required by Sorrowed Standard S.Construction period erosion,sedimentation and pollution control measures and
best maWcov nt practices(BMPs)shall remain in place end the site is fully stabilized
b) No stoneweter rnoffmay be discharged to the post-construction stornwater BMPs unless and mil a Registered
Professional Engineer provides aCutification the:i.all construction period BMPs have been removed or will be removed by
a date contain specified in the Certifcatim.Foamy construction period BMPs intended re be umvenW to post construction
operation for smnowmu attenuator,rechmge,and/ortreahnent,the conversion E allowed by the MassDEP Stormwater
Page 5 of 10*ELECTRONIC COPY
L13Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of ResourceProtection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Glyfrowa:NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operetlon,
includingnvnoval ofail construction period sediment hopped in inlet and cote control structure;a.as-built final consmstion
BMP Plans are included,signed and stamped by a Registered Professional Engineer,catifyingtire site is fully srabilixd;fit
any illicit discharges to the stonnwatermanagement system have been removed,as per the requirements of Stonnvare r
Standard 10;h' all p(st-conshuGion stonowmaBMPs are installed in accordance with the plans(including at planting
plans)approved by the issuing authority,and have been mspcetW to ensure Nat they are not damaged and drat they ere in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to wiN.srand
erosion
c) The landowner is responsible far BMP maintenance and]the issuing authority is notified that another party has legally osamad
responsibility for BMP maintenance.Prior In requesting a Certificate of Compliance,orpartial Certificate of Compliance,the
responsible party(defimed in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")far the StormwaferBMPs identifying the party responsible for
implementing the slmawater BMP Operation and Maintenance Plan("O&MPlace)used certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate ofCompliance,and ii)the future responsible parties
shall be notified in writing ofthe r ongoing legal responsibility to operate and maintain(he management BMPs and
implement the Summoner Pollution Prevention Plan.
d) Post-construction Pollution prevention and source control shall be implemented in accordance with the long-tear pollution
prevention plan section offie approved Storrav t Report and,ifapplicable,the Stornwarer Pollutron Preventron Plan
required by the National PollumntDischarge Elimination System Multi-SectorGenerel Permit
e) Unless and until another party accepts responsibility,die landowner,or owner ofanydrainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement ofrecord,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible pauy shall be treated es apermince for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect an drat LIMP.Any failure of the
Proposed responsible party to implement the requirements of Conditions 19(f)though 19(k)with respw an that BMPslall
be a violation of the Order of Conditions or Certificate of Compliance.In the case ofstommodurBMPs Net are serving more
Nan one lot the legally binding agreement shall also identify the lots datwi0 be serviced by the stamwaterBMPs.A plan and
easement dad thm grants the responsible party access to perform the required operation and maintenance most be submitted
along with the legally binding agtame t
0 The responsible party shall operate and maintain all stormwrter BMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts Stomrwate Handbook
g) The responsible party shall:
1.Maintain an operation and maintenance log for the bast three(3)consecutive calendar years ofintpections,repairs,
maintenance and/or replacement ofthe stormwmer management system amy part thereof,and disposal(for disposal the
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available m MassDEP and the Conservation Commission("Commission")upon request and
3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site m evaluate and ensure
Nat the responsible parry is in compliance with the requirements for each BMP esrabhshed in the O&M Plan approved by
theiswing authority.
h) All sediment or othercomamirarrts removed from stomrwater BMPs"I be disposed ofm accordance with all applicable
federal,state,and local laws and regulations.
0 Illicit discharges to the mortnwate management system as defined in 310 CNM 10.04 ace prohibited.
1) The stomwacar management system approved in the Order of Conditions shall not be changed without the prior written
approval ofdre issuing authority,
k) Areas designated as qualifying pervious sreasfor the purpose aide Low Impact Site Design Credit(as defined in the
MassDEP StormwaterHandbook Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
t) Access formainteaance,repay,and/or replacement ofBMPs shall not be withheld.Any timing consisted around
Page 6 of 10'ELECTRONIC COPY
U1Massachusetts Department of Environmental Protection Provldedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-148o
WPA Form 5-Order of Conditions eDEP Transection#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CSty/Povm:NORTH ANDOVER
slormw BMPs shallinclude eccessgatw and shall be at least six inches above glade to allow for w1ldhfe passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEp:
Bureau of Resource Protection- Wetlands MassDEPFHe#:742-1480
MTA Form 5-Order of Conditions eDEP Transaction#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes I— No
2. The Conservation Comm ission hmbvfchegk gra that llpol'es
a r DENIES the proposed work which cannot be conditioned to
meetthe standards set forth in a municipal ordinance"bylaw
specifically:
1.Municipal Ordinance orBylaw 2.Citation
Therefore,work on thispmjea may not go forward unless and until a revised Notice ofNtmt is submittedwhich provides
measures which are adegwe to meetthese standards,and a final Order m Conditions h issued.Which are necessary to
comply with amunicipd oduratce or bylaw:
E
r APPROVES the proposed work,subjectio the following
additional conditions.
NORTHANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
ANDS 2.CSmfion CHAPTER 178
BYLAW
3. The Commission orders that:all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the cocut do the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice ofhaem,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands Mass1)EPFile4:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:4642%
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City1rown:NORTH ANDOVER
E. Signatures
This Order invalid for three years from the date ofissuartce,unless otis.nwvw specified
personal in General Condition p4.Ifthistoan Amended Order of Condition;the Amended LDaWofOri mal Order
Order expires on the same date as the original Order of Conditions.
Please indicate the numberofinembers wM will sign this form.This Order must be silted by 2NiunhmofSigners
amajonty ofthe Conservation Conunission.
The Order must be mailed by certified mail(return receipt requested)orhand delivered to the applicant A copy also most be mailed
or hand delivered at the same time to the appropriate Depemmt ofEnviroomental Posteriori Regional Office,ifnotfiling
electronically,and the property owner,ifdifferent from applicant
Signature
r
C—
Fhand de eryon 1"�y certified mail,return receipt requested,on
elk? la
Dae Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,my owner of land abutting the land subject to this Order,orany ten
residents of the city or town in which such land is located,are hereby notified oftheir right to request the appropriate MascDEP
Regional Office to issue a superseding Order of Conditions.The request most be made by certified mail or hand delivery to the
Department with the appropriate filing fee and a completed Request fmlbpamnental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the data ofiswmrce otitis Order.A copy of the request shall adthe same time be
said by certified mail or hand delivery to the Conservation Commission and m the applicant,if he/she is not the appellant
Any appellants seeking to appeal the Departments Superseding Omer associated with this appeal will be required to demonstrate prior
participation in the review of this project previous participation in the permit proceeding means he submission of writers information to
the Conservation Commission primo the close oftbe public hearing,requesting a Superseding Order,or providing written information
in the Department prior issuance of Superseding Order.
The request shall store clearly and concisely the objections in the Order which is being appealed and how the Order does net
contribute to the protection ofdre interests identified at ft Massachusetts Wetlands Protection Act(M.G.L.c.131,§40X and is
immnsisentwith the wettonds regulations(3 10 CMR 10.00).To the estrum that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations,the Department has an appellaejurisdiGion.
Page 8 oft)-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1480
WPA Form 5-Order of Conditions eDEP Transaction#:464296
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
G.Recording Information
This OrdaofConditions must be recorded in the Registry of Deeds or the Lend Court for the district in which the land is located,
within the chain oftide ofthe affected property.In the ease oftecurded lend,the Final Order shall also be noted in the Registry,
Grantor Index underdhe name ofthe owner ofthe land subject to the Order.In the case ofhegist:md land,this Order shall also be
noted on the Land Court Certificate of Tide of the owner of Ne lend subject to the Order of Conditions.The recordings do ne onm
this page shall be submitted to the Coasavation Commission listed below.
NORTH ANDOVER
Conservation Conuniasion
Detach on dotted line.have stamped by the Registry ofDeeds and submit to the Coarervarion Commission.
.........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Canmission
Please be advised Naz the Order of Conditions for the Project at:
14LORRAINEAVENUE 242-1480
ProjectLocation MassDEP File Number
Has been recorded a the Regisi try of Deeds of.
C0asy Book Page
for.
Property Owner PETERBREEN
and has been noted inthe chain offide ofthe affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
Ifoxorded land the instnrment number identifying dds bonsaction is:
hcsmnnentNumber
Ifregslemd land,the document numberiderrofyingdds connection is:
Document Number
Sig ature ofAppl cant a=..uworo
Page 10 of 10•ELECTRONIC COPY