HomeMy WebLinkAboutMiscellaneous - 15 LORRAINE AVENUE (2) Massachusetts Department of Environmental Protection Provided by ManDEP:
Bureau of Resource Protection -Wetlands MassDE79 mtErmen
assDEP Fib p
WPA Form 5/- Order of Conditions
J� rt eDEP Transaction#
North Andover
Cityrrovn
A. General Information'
Please note: North Andover
this form has 1.From: Conservation Commission
been modifies
Mn added p.This issuance is for
space to a.[]Order of Conditions b.®Amended Order of Conditions
ar rnodate (check one):
Ne Repishy
of Deeds 3.To: Applicant:
RaquiremeMs
Breee Realty Trust
a.Firstt Name b.Lest Name
Impoeam: Go The Neve-Morin Group, Inc
When filling
out forms on c.Organization
the 447 Boston Street
computer, d.Meiling Atltlrass
use only the MA 01983
tab key to Topsfield
move your e.Cityrrwm f.State g.Zip Code
WBor-do
not use the 4. Property Owner(if different from applicant):
return key.
IL's a.First Name b.Last Name
c.Organization
,a.
d.Mailing Address
e.Cilyrrovm f.State g.Zip Code
5. Project Location:
15 Lorraine Avenue North Andover
a.Street Address b.Cilyrrovm
Map 47 Parcel 4
o.Assessors MaprPlat Number d.ParoevLet Number
Latitude and Longitude, if known: 42d6788m5Ns 71d11gm7Ws
9 d.Latitude e.Longitude
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If
North Andover
Cily/rovm
A. General Information (Cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Essex North
a.County b.Certificate Number(If registered land)
4102 234
c.Book d.Page
T. Dates: 6/7/2012 7/11/2012 7/13/2012
a.Date Notice of intent Filed b.Data Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents(attach additional plan or document references
as needed):
Proposed Site Development 15 Lorraine Avenue
a.Plan Title
The Neve-Morin Group, Inc. John M. Morin, P. E.
b.Prepared By c Signed and Stamped by
June 6, 2012 V=20'
d.Final Revision Date e.Scale
f Additional Plan or Document Tale g.Date
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing,this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish ` ® Prevention of
Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special Conditions attached to this Order.To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AHENDBD
p\\ WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
cayrrown
B. Findings (cont.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore,work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the 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. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific Information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
a. ® Buffer Zone Impacts: Shortest distance between limit of project 0
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feel c.linear test tl.linear(eel
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet e.square feet d.square feet
G. ❑ Land Under
Waterbodles and e.square feet b.square feet asquare feet d.square feet
Waterways
e.cN dredged TW dredged
7. ❑ Bordering Land
Subject to Flooding a.square feel b.square feet a square feet d.square feet
Cubic Feet Flood Storage e.cubic(feet f.cubicfaet
g.cubic feel h.cubic feet
8. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubicfeal d.cubicfeet e.wbicfeel f.cubic feet
s. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq It vathin 100 It
C.square feel d.square feet e.squarefeel fsquare feet
Sq It between 100-
200 ft g.square feet h.square feet I.square feel I.square feet
.marurms r-- rerovlarzoto vepe3d12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 aDEP Transaaon#
North Andover
cilyrrwyn
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.-square feet b.square feet
atlydredged d.Cry dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal BeachesC0 yd C0 yd
a.square feet b.square feet c.nourishment d.nourishment
cu yd cu yd
14. El Coastal Dunes a.square feet b.square feat c.nourishment d.nounshmenl
15. ❑ Coastal Banks a.lmearfeet b.linear feet
is. ❑ Rocky Intertidal
Shores a.square feat b.square feel
17. ❑ Salt Marshes a.square feet b.square feet C.square lest d.square feet
18. ❑ Land Under Salt
Ponds a.square feat It.square fast
udydmdged d.&Y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet C.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
dydredged b.Cry dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feel
Flowage
'sldndd--W1=10 PaW4dl2
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
�\ WPA Form 5 — Order of Conditions MessDEP File If
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
cityrrown
B. Findings (cont.)
•022.If the 22 ❑ Restoration/Enhancement': -
projectisfor
the purpose of
restoringg or a.square feet of BVI#
enhannoa q b.square feet of safe marsh
vretland
resource area 23. ❑ Stream Crossing(s):
in addition to
the square
footage that e.number of new stream crossings b. number of replacement stream crossings
has been
entered BC. General Conditions Under Massachusetts Wetlands Protection Act
Section .
eBvi c(
tsale The following conditions are only applicable to Approved projects.
Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
please
eaeenter e9 rY
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, unfit all proceedings before the Department have been
completed.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
n`\ WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e5EPTransaction#
North Andover
Cayrrovm
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
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 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 the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order,which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"[or, "MassDEP")
"File Number 242-1479 "
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 MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance(WPA Form BA)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
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Massachusetts Department of Environmental Protection Pmvided by MmDER
Bureau of Resource Protection -Wetlands 242-1479 AONDED
A\\ WPA Form 5 - Order of Conditions MauDEP FIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTmwcum#
North Andover
cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)-
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means.At no time shall sediments be
deposited in a wetland or water body. During construction,the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project") is(r)❑ Is not(2)®subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards,then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable,the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff maybe discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
it. as-built final construction BMP plans are included,signed and stamped by a Registered
Professional Engineer,certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
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0Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
North Andover
cityrr v
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party(defined in General Condition 18(e))shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement)for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan("O&M Plan")and certifying the following: i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,
and fi.)the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and implement
the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans,the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
vPa�P�SEoc•nv.0&1E 310 P.W 8 012
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions ManDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Trensaclion#
North Andover
city/ro
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three(3)consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission("Commission')upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text
document):
See Attached
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.MuniGpel Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ®that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetland Protection Bylaw Chapter 178
1.Municipal Ordinance or Bylaw 2.Citation
s. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows(if you need
more space for additional conditions,attach a text document):
See Attached
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Massachusetts Department of Environmental Protection Provided by MaeaDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MasSDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTraneaction#
North Andover
cityrrown
E. Signatures
This Order is valid for three years,unless otherwise speed as a special
condition pursuant to General Conditions#4,from the date of issuance. 7.D of auance
Please indicate the number of members who will sign this form. f/��
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically,and the property owner, if different
from applicant.
Signatures:
❑ by hand delivery on 9 by certified mail, return receipt
requested,on
Data
-D-we
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order.A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40),and is inconsistent with the
wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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LOMassachusetts Department of Environmental Protection Provided by MasaDEP:
Bureau of Resource Protection -Wetlands 242-1479 AMENDED
WPA Form 5 - Order of Conditions MassDEP FlIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPrrensaalon#
North Andover
CkyRown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservabon Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
..----
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
15 Lorraine Avenue 242-1479
Prolec-Location Nla 3DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for: Breenmore Realty Trust
Properly Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Dere
If recorded land, the instrument number identifying this transaction is:
Inatmnrent Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant
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DEP FILE#242—1479(AMENDED LOCAL BYLAW ONLY)
Findings:
• On June 8,2012 the North Andover Conservation Commission received an
Amendment Request for DEP File No.242-1479 as it pertains to the North Andover
Wetlands Protection Bylaw.
• A public hearing was properly posted and advertised and abutters were notified in
accordance with the North Andover Wetlands Protection Bylaw and Regulations.
• A public hearing was held on the local bylaw matter on June 20,2012 and continued to
July 11,2012. On that date,the public hearing was closed and the Amendment Request
approved.
• On June 26,2012 the applicant requested to amend the Superseding Order of
Conditions(SOC)issued by the Massachusetts Department of Environmental
Protection under DEP File No.242-1479.
Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the 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 followin
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: construction of an addition to an existing single family
home,deck,driveway and walkway and appurtenant site work and grading portions
of which are within 100 feet of a bordering vegetated wetland.
21.The work shall conform to the following:
Notice of Intent filed by: Greg Hochmuth
The Neve-Morin Group,Inc.
447 Boston Street
Topsfield, MA 01983
Site Plans prepared by: The Neve-Morin Group,Inc.
447 Boston Street
Topsfield,MA 01983
Titled: Plan of Land in North Andover, Mass.
Showing"Proposed Site Development"
15 Lorraine Avenue
Stamped By: John M. Morin
Last Revised: February 24,2011
Amended Plan Date:June 6,2012
242-1479,15 Lorraine Ave(AN ENDED) 1 NACC 7/132012
DEP FILE#242—1479(AMENDED LOCAL BYLAW ONLY)
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 dArty
days (30) prior to the exnfration 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.
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
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 these resource areas to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade,soils or
vegetation is permitted in the No-Disturbance zone.
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 win be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
242-1479.15 Lore c Ave(AMENDED) 3 NACC 7/13/2012
DEP FILE#242—1479(AMENDED LOCAL BYLAW ONLY)
the NACC will call for another public hearing(at the expense of the applicant).Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction,including the construction of
installation of sedimentation/erosion control devices,foundation installation, paving,
re-vegetation and final stabilization.
45. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that 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.
46. A Filtrexx filter sock or other erosion control devices as approved by the Conservation
Department shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC or its agent
prior to the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s)referenced in this Order
of Conditions. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commissions request.
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence, l hay bale to equal 3 feet of fence). Said bales shall
242-1479,15 Laraine Ave(AMENDED) 5 NACC 7/132012
DEP FILE#242—1479(AMENDED LOCAL BYLAW ONLY)
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,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 and other personnel performing the permitted work are fully aware of
the permit's terms and conditions. Thereafter,the contractor will be held jointly liable
for any violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
55.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
242-1479,15 Lorraine Ave(AMENDED) 7 NACC 7/132012
DEP FILE#242—1479(AMENDED LOCAL BYLAW ONLY)
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.
63. 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.
64. There shall be no stockpiling of soil or other materials within 100 feet of any resource
area.
65.Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
66.Washings from concrete trucks,or surplus concrete,shall not be directed to,any
drainage system, or wetland resource area. If concrete truck washing is required an
area for this activity shall be designated and approved by the Conservation
Department.
67. 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.
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
69. 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
70. 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.
242-1479,15 DffaineAve(AMENDED) 9 NACC 7/13/2012 -
• DEP FILE#242—1479 (AMENDED LOCAL BYLAW ONLY)
➢ 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.
D A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
75.The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP#242-1479. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
Bylaw;
➢ Resource Area Markers(Condition#51);
D Discharge or spillage of pollutants(Condition#69);
➢ Prohibition of underground fuels (Condition#70);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#71).
242-1479,15 Loraine Ave(APoffiNDED) 11 NACC 7/13/2012
2C11 JUL 15 F112: U
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1479
WPA Form 5-Order of Conditions eDEP Transaction 4:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Pown:NORTHANDOVER
A. General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a. 6.1 DOC b.❑ Amended DOC
3.Applicant Details
a FbstName b.Last Name
o.Organization C/O THE NEVE-MORIN GROUP INC.
d.Mailing Address 447BOSTONSTREET
e.City/1'own TOPSFIELD f.State MA g.Zip Code 01983
4.Property Owner
a First Name bAmt Name
c Organization BREENMORE REALTY TRUST
d Mailing Address 15 LORRAINE AVENUE
e.City/Town NORTHANDOVER £State MA g.Zip Code 01845
5.Project Location
a.Sbeet Address 15 LORRAINE AVENUE
b.CityA'own NORTHANDOVER c.Zip Code 01845
d.Assessors Map/Plat#47 e.Pamel/Lot# 4
f.Latitude 42.67885N gLongitude 71.1197W
6.Property recorded at the Registry of Deed for:
a County b.Certificate c.Book d.Page
NORTHERN ESSEX 4102 234
7.Dates
a Date NOl Filed:6/1/2010 b.Date Public Hearing Closed:3/9/2011 c.Date Oflssuance:311=011
8.17inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: -
'PROPOSED SITE
DEVELOPMENT"15 THENEVE-MORIN JOHN M.MORIN February 24,2011 1"=2d
LORRAINE GROUP,INC. rY
AVENUE
B. Findings
Page 1 of 10"ELECTRONIC COPY
Massachusetts Department of Environmental Protection Pmvided by MMDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:2421479
. WPA Form 5 -Order of Conditions eDEP Transaction#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City(rown:NORTH ANDOVER
I Xindings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing this Commission finds that the amas in which work is proposed is significant to the following interests of
the Wetlands Protection Aft.
Check all that apply:
a. G Public Water Supply b. 0 Land Containing SheOfish c.R PreventionofPollutiou
d R Private Water Supply a. ❑ Fisheries f F Protection ofWddfifeHabitat
j g OO Ground Water Supply h. n Smrm Damage Pmvertion h. r Flood Control
Z Commission hereby finds the pmjat,as proposed,is:
Approved subjectm:
a n The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent refica need above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ firm the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.❑The proposed work cannot be conditioned to meet the performance standards ad forth in the wetland regulations."Therefore,
work on this project may not go forward unless and until anew Notice oflntent is submitted which provides measures which are
adequate to protect interests ofthe 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.fT 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 pmject may not go forward un ess and mail arevised Notice of
Intent is submitted which provides sufficient infomation and includes measures which are adequate to protect the imerests ofthe
Ad,and afinal Order of Conditions is issued.A description of the specific information which is lacking and why it Is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shomst distance between limit of project disturbance and the wetland resource 0
areaspecifiedin310CMR10.02(l)(a). - &linear feet
Inland Resource Area Impacts:(ForApprovals Only);
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. 17 Bank
a lhrarfeet b.lineerfeet c.Iineerfeet d.linear fat
5.❑ Bordering Vegetated Wetland
a square fa[ b.square feetc.square feet d.square feet
6. 171 Wit under Weterbodies and Waterways
a.square feet b.square feet c.square fat d.square fat
e.Gy dredged f cry dredged
Page of 10 'ELECTRONIC COPY
LO4Massachusetts Department of Environmental Protection ProvidedbyMessDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1479
WPA Form 5-Order of Conditions eDEP Transaction#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
7.OBordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic fed g.cubic fee[ h.cubic feet
8.n Isolated Lad Subject to Flooding
W square feet b.square feel
Cubic Feet Flood Storage
c."cubic ilcubic feet a cubic fat f cubic feet
9.CI Riverriont Area
a.total aq.feet b.total sq.feet
Sq ft within 100 it
c.square feet d.sgpare fat e.square feet f square feet
Sq it between 100200 it
g-Sq--fat h square fat i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.❑Designated Pan Areas Indicate sin under Land Under the Ocean,below
11.r Land Underthe Ocean
a square feet b.square feet
a rty dredged d.dy dredged
12.r Bamer Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.fl Coastal Beaches
a square feet b.square fed a c!y nourishment d c/y nourishment
14.r Coastal Dunes
a square fed b.square feet a e/y wmslunera d c/y nourishment
15.17 Coastal Banks
a hnearfed b.linear fed
16.17 Rocky Intertidal Shares
a square fat I.square feet
17.d Salt Marshes
a square feet b.square fed c.square feet d.square feet
18.r Land Under Salt Ponds
a square fed b.square fed
a vy dredged d Uy dredged
19.r Land Containing Shellfish
Page 3 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MMDBP File#242-1479
WPA Form 5-Order of Conditions eDEP Transaction#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/fown:NORTHANDOVER
a square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Baft inland Bank,Land Under the
20.OFish num Ocean,and/or inland Land Under Waterbodiea and Waterways,
above
c.cly dredged d.rty dredged
21.❑Land Subject to Coastal Storm Flowage
a square feet b.square fat
22.
❑ Restoration/Enhancement(For Approvals Only)
Ifthe project is for the purpose of maturing or enhancing a wetland resource area in addition to the square footage that has been
entered in SectionB.5.c&d or B.1 TO&d above,please entered the additional amount here.
a square feet ofBV W b.square feet--of Marsh
23.
❑Streams Crossing(s)
Hthe project involves Steam Crossings,please enter the number clam stream crosangs/number ofreplacerm nt stream crossings
a numberofnewstresmcrossings b.number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failum 0 comply with all conditions slated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not euthorim any injury to private property or
invasion ofprivate riots.
3. This Order does not relieve the permittee or my other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shell be completed within three years from the date of this Order unless either ofthe following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.Ifthis Order is intended to be valid for more than three years,the
extension data and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or mom periods ofupto 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 order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refine,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any ofthe foregoing.
S. This Order is not final until all administrative appeal periods from this Order have elapsed,or ifsuch an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1479
WPA Form 5-Order of Conditions eDEP Transection#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Pown:NORTH ANDOVER
9. No work shall be undertaken until the Order has became final and then has been recorded in the Registry ofDeeds or the Land
Court for the district in which the land is located,within the chain of title ofthe affected property.In the case of recorded land,
the Final Order shall also benoted in the Registry's Grolier Index under the name ofthe owner ofthe land upon which the
proposed work is to he done.In the case ofthe registered land,the Final Order shall also be noted on the Lend Court
Certificate of Tide 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 form must be stamped by the Registry ofDeeds,
prior to the commencement of work.
10. 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 Department of Environmental Protection"
[or'MassDEP"j
File Number."242-1479"
Il. Where the Department of Environmental Protection isrequested to issue a Superseding Order,the Conservation Commission
shall be a parry to all agency proceedings and hearings before Mass DEP.
12. Upon compledon ofthe work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
SA)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
in writing whether the change is significant enough to require the filing of a new Notice oflntent.
15. The Agent remembers ofthe Conservation Commission and the Department ofEmhonmental Protection shall have the right
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Osler and
to any contactor or other person performing work conditioned by this Order.
17. Prior to the start ofwork,and if the project involves work adjacent to a Bordering Vegetated Welland,the boundary of the
wetlaM in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shafl be maintained until a Certificate ofCompliancehas bean 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 awetiand or water body.During concoction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
_shall immediately mmol any erosion problems that occur a the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork unless another limit ofwork line has been approved by this Order.
N017CE OF STORMWAT'ER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated withthis Order(the"Projecr)is(1) ❑ isnm(2)F subjectto the Massachusetts Stonnwater Standards.
If the work is subject to Storinwater Standards,than the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the consu moron period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
Stomrwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Couetmction General
Permit as required by Stomswater Standard 8.Construction period erosion,sedimentation and pollution central measures and
best management practices,(BMPs)shall remain in place until the site is fully stabilized.
b) Nostormwater mno6may be discharged to the post-construction stomrwmer Ithes unless and until a Registered
Professional Engineer provides a Certification that:I all construction Period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for mormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Summovater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;li.,as-buff final construction
Page 5 of 10•ELECTRONIC COPY
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#2424479
WPA Form 5-Order of Conditions eDEP Transaction 0.370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 QVImvin:NORTH ANDOVER
BMPplans ac included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;in
any illicit discharges to the somawaer management system have been removed,as pertherequirements ofStomawater
Standard 10;iv,all post-construction stomnwaterBb/Ps are installed in accordancewiththe plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v,arty vegetation associated with post-construction BMPs is suitably established to withstand
erosion
c) The landowner is responsible for BMP maintenance undl the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible patty(defined in General Condition 19(e))shelf execute end submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the StormwaterBMPs idemityingthe party responsible for
implementing the smrmwataBMP Operation and Maintenance Plan("O&M Plan")and certifying the following:L)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ti.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the slormwater management BMPs and
implement the Storrnwater Pollution Prevention Plan.
d) Post-conshuctionpollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section ofthe approved Stomawater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Muld-Sector General Permit
e) Unless and until mother party accepts responsibility,the landowner,or owner of my drainage easement,manors
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the
hating authority a legally binding agreementofremrd,acceptable to the issuing authority,evidencing that mother entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be heated as apemhittee for
purposes of implementing the requirements of Conditions 19(t)tuough 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be aviolation of the Order of Conditions or Certificate of Compliance.In the case ofstorawaterBMPsthat aR saving more
dren one lot,the legally binding agreement shall also identify the lots that will be serviced by the smmhwaterBMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance a=be submitted
along with the legally binding agreement.
I) The responsible party shall operate and maintain all sOrnwaterBMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last th re(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stounwater management system or my pan thereof,and disposal(for disposal the
log shat indicate the type of material and the disposal location);
2.Make the maintenance log available to MwDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MessDEP and the Commission to enter end inspect the site to evaluate and ensure
that the responsible party is in compliance with the requimments for each BMP established in the O&M Plan approved by
theissuinganhonty.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations,
) Illicit discharges to the smrnwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwatcr management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing a thonty.
k) Areas designated as qualifying pervious seas for the purpose ofthe Low Impact She Design Credit(as defined in the
MassDEP Stomwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
) Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed armad
stormwaterBMPs shall include access gates and shall be at least s&inches above grade m allow for wildlife page.
Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1479
WPA Form 5-Order of Conditions eDEP Tranwfion#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
Special Conditions:
SEE ATTACHED.
Page 7 of 10*ELECTRONIC COPY
LOMassachusetts DepartmentofEnviroumental Protection Provldedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File R:242-1479
WPA Form 5-Order of Conditions eDEP Transaction#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131, ¢40 City/Town:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes ❑ No
2. The CgmervatiCD COmmissiQU h byfchegk---
a that applica)-
r' DENIES the proposed work which cannot be conditioned to
meet the standards setfmth in a municipal ordinance orbylaw
specifically:
1.Municipal OrdinancemBylaw 2.Citation
Therefore,work on this project may not 90 forward unless and unfit arevised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Omer or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
I.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referencedabWe.To the wemthat the following conditions modify orditferfrom the plans,specifications,or other
proposals submitted with the Notice oflntent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10•ELECTRONIC COPY
U1Massachusetts Department of Environmental Protection ProviddbyM.0EP:
Bureau of Resource Protection-Wetlands MuaDEP File P242-1479
WPA Form 5-Order of Conditions eDEP Transaction#:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitYTown:NORTHANDOVER
E. Signatures
This Order is valid for three years from the date ofiamance,rmless otherwise G
specified 3�/ //�
Pursuant to General Condition#4.Ifthu is an Amended Order of Conditions,the Amended I.Date01 prder
Orderexpires on the same date as the original Order ofCondrions
Please indicate the number ofinembera he vAB sign this from.This Ords rumba sired by
a majority ofthe Coreerveum,Com ossion 51,7.j.fsigness
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the apphentt yo mustbe[nailed
m hand delivered 9 the same time m the appropriate Deparcmeat ofEnvhomarotal Protection Regional Office,A copyalsalS filing
electronically,andthepropedyow ,ifdifferentfmm applicant.
Signatures:
n
4edY
r by ban delivery on mrereceipt requested,on
Date Date
F. Appeals
The appficaat,the owner,mypetaoa aggrieved by this Order,any owner ofland abutting the land subject to this Order,or any ten
residents ofthe citym mwn m which such land is located,are hereby notified ofihea nghttorequest he appropriate MassDEP
Dgio�eoffr� sa's a Superseding Order of Conditions.Tate request most be made bycestified msil orhanddeliverytothe
P rit, aPPmP'iamfilingteeand a completedRequen forDeparhuenlel AWon Fee Tmaamltta]F
310 CMR 10.03(7)within ten business days from the date ofissuance ofthis Order.A of We Form,as provided in
seat by certified mail or hand delivery 0the Conservation Commission and to the applicant, he/she�rro 0reappetllant the come be
Any appellants seeking to appeal the Departments superseding Order associated with this
participation m the review ofihis appeal willusion be od ridemonstrate prim
the Conse"a"on project Previous requesting
superseding
thesubmission ofwriuera informationm
to the Department prior
waissuance oft s close ofthding Order
The
reWes4ng a Superseding Order,orproviding written information
Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection ofthe musesta identifiedhi the Massachusetts Wetlands Protection Act(M.G.L c. 731,§40),and a
inconsistent with the wetlands regulations(3 10 CMM10.00).To the extent that the Order is based onamunicipal1,§40)cendis ,
and not oathe Massachusens Wetlands Protection Act ormgulatums,the Department has no appehatejursdiction.
Page 9 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by Me, EP:
Bureau of Resource Pfotection-Wetlands MMDEP File X212-1479
` WPA Form 5-Order of Conditions eDEP Transection X:370264
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CiVrovat NORTH ANDOVER
G. Recording Information
This Order ofConditions must be recorded in the Registry of Deeds-the Land Court forthe district in which the land is located,
within the chain oftiue ofthe effected property.In the case afrecorded land,the Final Order shall also be noted in theReg6hys
CrmmorIndex under the name ofthe owner ofthe land subject to the Order.In the case ofregistered land,this Order shall also be
noted on the Land Conn Certificate afTdle ofthe ownerofthe land subjw to the Order ofConditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTHANDOVER
Conserved.Carrar.ion
111 dotted line,have stamped by the Registry ofDeeds and submit to the Conservation Commission.
. ........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please be advised the the Order of Conditions for the Project at:
15 LORRAINE AVENUE 242-1479
PmdectLnad a
MaMDEPFileNumber
Has been recorded at the Registry ofDoeds of-
County
fCounty Book Page
167.
Property Owner
and has been noted in the chain oftitie ofthe affected property in:
Book
Page
In accordance with the OrderofConditions issued on:
Data
If recorded land,thenrsrnanwrt number identifying this transaction is:
InsmmrentNumber
Ifregistered land,the dowmemnumber identifying this transaction is:
Document Number
SWunare ofApplicant
..amM
Page 10 of 10 ELECTRONIC COPY
DEP FILE#242-1479
Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the 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 existing structures and construction of a
new single family home,attached garage, driveway and walkway and appurtenant
site work and grading portions of which are within 100 feet of a bordering vegetated
wetland.
21. The work shall conform to the following:
Notice of Intent filed by: Greg Hochmuth
The Neve-Morin Group,Inc.
447 Boston Street
Topsfield,MA 01983
Site Plans prepared by: The Neve-Morin Group, Inc.
447 Boston Street
Topsfield,MA 01983
Titled: Plan of Land in North Andover,Mass.
Showing"Proposed Site Development'
15 Lorraine Avenue
Stamped By: John M. Morin
Last Revised: February 24,2011
Other Record Documents: Letters from Neve-Morin,Inc.
Dated:January 25,February 11, &February
24,2011
Re: 15 Loraine Ave,DEP File#242-1479
Letter from John H. Lennon
Dated March 2,2011
Re:30 Carty Circle
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
C:1Winword1 OMb1 iI.rl d., 1 _....,._..___..
DEP FILE#242- 1479
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 Lhirty
days (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.
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.
CAWinwordMM.ile I.dac 9 ....•��..,...,...
DEP FILE 0 242- 1479
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
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 these resource areas to the
identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
.prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot(50')No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade,soils or
vegetation is permitted in the No-Disturbance zone.
35. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage. Maintenance of the drainage system,if
accepted by the Town as part of a public way,becomes the responsibility of the Town
37.The NACC finds the applicant's proposal for restoration of the 25' No-Disturbance
Zone to be adequate. The restoration shall be completed in accordance with the Buffer
Zone Restoration Construction Sequence detailed on the plan of record.
DEP FILE#242- 1479
38.Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1479."
42. Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the.NACC for
approval prior to implementation. If the:NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC
43. It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all
-conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including the construction of
installation of sedimentation/erosion control devices,foundation installation,paving,
re-vegetation and final stabilization.
c•�w;�."�m�nnn�,,,;o-..i n,,, a .......,,�,..,,,..
DEP FILE#242 - 1479
45.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the life of the project and until a Certificate of
Compliance is issued so that 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.
46. A Filtrexx filter sock or other erosion control devices as approved by the Conservation
Department shall be placed between all construction areas and wetlands. The erosion
control barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC or its agent
prior to the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion,or any noticeable degradation of surface water
quality discharging from the site. For example,installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commissions request.
47.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 hay bales and sufficient stakes for staking these bales(or
an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
48.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 mon@tary release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is issued
under the authority of the local ByLaw.
_ .wierr annnnn
DEP FILE#242-1479
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(or)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 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. Reports shall contain photographs of the site and
construction activities anticipated in the upcoming week.
51. Prior to construction,the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with five(5) signs or markers spaced evenly every 30 feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (3 round and 2 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).
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
NACCNIOY1011
DEP FILE#242-1479
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,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 and other personnel performing the permitted work are fully aware of
the permit's terms and conditions. Thereafter,the contractor will be held jointly liable
for any violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
55.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
56.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
57. 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 andit's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
., NACC 3/102011
DEP FILE#242-1479
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
58. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
59. The sewer lines on the site,where they cross wetland resource areas,shall be tested for
water tightness in accordance with North Andover DPW standards.
60. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. 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.
61. 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.
62. 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 16t 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.
63. 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.
64. There shall be no stockpiling of soil or other materials within 100 feet of any resource
area.
65. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
......---II--,, .-_ 2 WA('c 3110/2011
DEP FILE#242- 1479
66.Washings from concrete trucks,or surplus concrete,shall not be directed to,any
drainage system,or wetland resource area.If concrete truck washing is required an
area for this activity shall be designated and approved by the Conservation
Department.
67. 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.
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
69.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
70. 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.
71. 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. opconditionThis
shall survive this Order of Conditions and shall run with the title of the re This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
72. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
73.Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
n NACC 3/10/2011
DEP FILE#242- 1479
74.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The.DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: if portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to)septic systems,additions,fences, sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes AU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
75.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
." NACC 3/102011
DEP FILE#242-1479
➢ 25' No-Distutbance 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#242-1479. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
ByLaw;
➢ Resource Area Markers(Condition#51);
➢ Discharge or spillage of pollutants (Condition#69);
➢ Prohibition of underground fuels (Condition#70);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#71).
�i NACC 3/102011
DEP NILE#242- 1479 -
APPENDDC A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or w,,,t owner)
1
(PLEASE CHECK AT LEAST ONE BLOCK)
1.— I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
2._. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this—day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 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)
NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
The North Andover Wetlands Protection Bylaw
In accordance with the Massachusetts General Laws,Chapter 131, Section 40,as amended,and
the North Andover Wetlands Protection Bylaw,(Chapter 178),you are hereby notified of the
following:
The name of the applicant is Breenmore Realty Trost
The applicant has filed a Notice of Intent with the North Andover
(application)
Conservation Commission(NACC)for the purposes of constructing a single family dwelling,
driveway, install utilities, conduct grading and raze two existing dwellings within 100
feet of a bordering vegetated wetland.
at 15 Lorraine Avenue
(site address)
The North Andover Conservation Commission will hold a public hearing on
WEDNESDAY,June 9,2010 at 8:00 P.M. at the Senior Center,120R Main Street,
North Andover,MA 01845.
Copies of the Notice of Intent may be examined or obtained for a fee from:
(application)
(check all boxes that apply):
❑ Applicant at
❑ Representative at
® Conservation Department, 1600 Osgood Street,Building 20,Suite 2-36,North Andover,
MA 01845 Monday through Friday, 8:30 am.to 4:30 p.m.Please call the Conservation
Department at 978.688.9530 beforehand to verify arrangements.Copies may be available
for a fee.
Further information regarding the hearing,or the Wetlands Protection Act,may be obtained from
the Conservation Department at 978.688.9530.
NOTE:Notice of the public hearing, including its date,time,and place will be published in the
Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing
date.
NOTE:Notice of the public hearing,including its date,time,and place will be posted
in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to
'the public hearing date.
NOTE: You may also contact the Conservation Department or the Northeast Regional
Department of Environmental Protection Office for more information about this
application or the MA Wetlands Protection Act.To contact the Northeast Regional
Department of Environmental Protection Office,call 617.654.6500.