HomeMy WebLinkAboutMiscellaneous - 80 LACONIA CIRCLE Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1495
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pr Ad dby DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
corms to,u compuse Dale &Tiffany Jenkins
onlythetabk
ony the tab key Name
to move your 80 Laconia Circle
cursor-do not Address
the return Melling Adtlre
key. North Andover MA 01845
Cityrrovm State Zip Code
r 2. This Cerfifirate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Dale&Tiffany Jenkins
m Name
December 2 2010 242-1495
Dated DEP Fib Number
3. The project site is located at:
80 Laconia Circle North Andover
Street Address cayrrovm
Map 105D Parcel 156
Assessors Map/Plat Number ParwVLot Number
the final Order of Condition was recorded at the Registry of Deeds for.
Property Owner(ff different)
Essex North 12445 305
County Book Page
CertlBcate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11/28/12
Date
wpelrm9e aoc.rev.13r1NH VVPA Form e9.cennimre or Correa -Page 1 W9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1495
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this pallial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced.The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
76
C. Authorization
Issued by:
North Andover '�y
Conservation Commission Da of Issuancs
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
htt ://www.mass. ov/de / boutire ig n/find o r.htm .
Signatures:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fib Number:
WPA Form 8B — Certificate of Compliance 242-1495
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 provloeo by DEP
D. Recording Confirrnation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:-------
---------
._ ---
__.___._._._.__._._._.---------------
._._._.---_._._._.-.-._._._.-._._.
North Andover
Conaervabon Commission
Please be advised that the Certificate of Compliance for the project at:
80 Laconia Circle 242-1495
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Dale&Tiffany Jenkins
Property Owner
and has been noted in the chain of title of the affected property on:
Dale Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
122erp WPA Form 8e,Cad fifate dCmpue,Me.Pegs 3 ora
Y
a�,N••
CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
80 Laconia Circle,North Andover
At the May 23,2012 public hearing the North Andover Conservation Commission(NACC)voted to issue a
minor modification to DEP File #242-1495.The Modification shall conform to the plans and documents
referenced below.
Applicant: Dale&Tiffany Jenkins
80 Laconia Circle
North Andover,MA
Record Plans: Sketch Plan,sketched on a copy of a portion of the record plan
Prepared by:The Neve-Morin Group,Inc.
447 Boston Street,US Route I
Topsfield,MA 01983
Other Record Documents: E-mail from John M. Morin,P.E. dated May 16,2012
Re:Jenkins—80 Laconia Circle
Appmved Modifications:
• Proposed pool location is shifted to the south east and is approximately 79 s.f. larger.
• Increase in pool patio area within 100-foot buffer zone of 260 s.f.
1600 Osgood=-t,Building m,Suite 2-36,Nonh.lndover,Massachwetu 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://w .tounofnord=dover.co /PWs/NAndoverMLl Consetvatim/index
ppORT1r
x r
,SSACHUS�
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: T)aLp + 7i��stu en�:nc
R6 L.9conla Cit r_1I o.
AJ a+h .9"ypg., ma n t a 06
as a Modification to the Order of Conditions issued in File 242-7005 datedj� and
recorded in Book laand page 365
Issued Ay N RTH OVER CONSERVATION COMMISSION:
art ��z
this aJ fh of 9oldg before me personally appeared Louis Napoli tome
day month/yr
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
2*9
Notary Public s
DONNA M.WEDGE
pornwlHeuc
�� p]NIlGIy1f EVMIJ41e66Er16
ply Cxmn Erpiies JWy 15,2016
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 fox 978.688.9542 Web www.townofnorthandover.com
Massachusetts Department of Environmental Protection PmAdedby MassDEP:
Bureau oorm5Resource
rder oProtection-Wetlands MassDEPFdek:242-1495
LO WPA Form 5-Order of Conditions - eDEP Trmsac0on p:349778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a C7 DOC b.f' Amended DOC
3.Applicant Details
a FirstNamc DALE&.TIFFANY b.last Name JENKINS
c.Organvanon C/O THE NEVE-MORIN GROUP
d Mailing Address 447BOSTONSTAEET
e.City/Town TOPSEIELD f.State MA g.Zip Code 01983
4.Property Owner
a First Name DALE&TIFFANY b.Last Name JENKINS
c Orgrabation
d.MailingAddress 80 LACONIA CIRCLE
a CSty rT NORTH ANDOVER £State MA g.Zip Code 01845
5.Project Location
a Street Address 801ACONIACIRCLE
b.Chyarran NORTHANDOVER c.Zip Code 01845
d.Assessors Map/Plat f 105D c.ParcetLoO 156
E Iartde 42.64354N gLongmde 71.0486W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 10682 157
7.Dates
a Date NOI Filed:8/302010 b.Data Public Hearing Closed: 11/152010 c.Date Oflwuaace: 12/1/2010
8.Final Approved Plans and Other Documents
a Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PROPOSE SITE THENEVE-MORIN
DEVELOPMENT GROUP,INC JOHN M.MORIN 11/02/2010 F" 20'
PLAN
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection-Wetlands MawDEPFile#:242-1495
WPA Form 5-Order of Conditions eDEP Traa a sva#:349778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
Cubic Fort Flood Storage
c.cubic feet f.abicfeet g.cubic fee[ IL cubic feet
8.F7 Isolated land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic fort e,cubic feet fcubic fed
9.❑Riveniont Area
a total sq.feet b.total sq.feet
Sq ft within 100 It
c.square feet d.square fat e.square fort f.squarefee
Sq ft between 100.200 ft
g.square feet h.square feet i.square feet j.square fat
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Pon Areas Indicate sire under LandUndathe Ocean,below
I1.r LandUndcrthe Oc=
a square fed b.square fat
c.sty dredged d dy dredged
12,r Barrier Benches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a square fee[ b.square feel a oty rwunshmart d o/ noudslmtan
14.❑Coastal Dunes
a square fed b.square feet a dy nourishment d dymurishment
15.F7 Coastal Banks
alinearfed bAinearfed
16.F Rocky hadfidal Shores
a square feet b.square feet
17.r Salt Marshes
a square feet b.squaw fed c.square feet d square fat
18.❑ Land Under Salt Ponds
asquarcfcd b.square feet
c.dy dredged d dy dredged
19.F Lard CavainingShell ish
a square fed b.square feet c.square fee[ d.square fat
Page 3 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by Mas;DEP:
Bureau ofResourcerce Protection-Wetlands MasaeDEP mosac#:242-1495
WPA Form 5-Order of Conditions eDEPTrvsaction#:349778
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40 City/fown:NORTHANDOVHR
the Final Ordershall also be noted in We Registry's Gramm Inde cunderthe name of the owner of the land upon which the
proposed work is to be done.N the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Tide of the owner of the land upon which the proposed work is done,The recording information shall be submitted
to the ConservatimCommission on the form at the end of Us Order,which form most be stamped by the Registry of Deeds,
prior W the commemmmentofwe&.
10. A sign shall be displayed I the site not less than two square feet or more than Use square feet in size hearing the words,
°Massachusetts Department ofEmnaomnentallhokction'
[or'MassDEP"j
File Number.7A2-1495"
ll. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shell be aparty W all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate ofCurpliance(WPAForm
SA)W the Cooservvation Commission.
13. The work shall conform to the plans and special conditions referenced in Nis order.
14. Any change to the plans identified in Condition#13 above shall requirethe apPEamthe inquire of the Conservation Commission
in writing whether the change is sippificamenough W require the Ming of a newNctim of Intent
15. The Agent or members of the Conservation Commission and de Department ofEnvimrmrertal Proteaian shall have the tight an
ederand inspat the area subject W this Order at reasonable hours W 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 ofCondmons shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contras tar or other person performing work conditioned by this Order.
17. Prior W the start ofwork,and if the project involves work adjacent a Bordering Vegetated Wetland,the boundary of the
wedand in the vicinity of the proposed work area shall be marked by wooden stakes or Flagging.Once in place,the wedand
boundary markers shall be maintained until a Certificate of Compliance has been Issued by the Conservation Commission,
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabifved with vegetation or
other means.At no time shall sediments be deposited in awedand or water body.During construction,the applicant or hisber
designee shall inspect the erosion controls on adaily basis and shall remove accumulated sediments as needed The applicant
M immediately,control any erosion problems for occur at the site and shall also immediately notify the Conservation
Commission,which reserves the night W require additional amnion and/or damage prevention controls it may deem necessary.
Sedimrnfetionbariers shall serve as the limit of work unless another Emit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAIJTENANCE REQUIREMENTS
19. The work associated with thisOrderphe"Project")is(1) 1`7 isnot(2)r+l subjedw the Massachusetts SWrmwater Standards.
IfUrework is subject W SWnnwmar Standards,then the project is subjectto the following conditions;
a) All wore,including site prepemfion,land disturbance,construction andncdevelopncra,shall be implemented in accordance
with the construction period pollution prevention and mosionand sedimentation control plan and,ifappUcable,the
S Wmnwater Pollution Preverroon Plan required by tine National Pollutant Discharge Elimination System Construction General
Permit asrequmnd by Stonnwater Smrdsrd 8.Construction period emsioq sedimmmdon and pollution control measures and
best management practices(BMPs)shell coram in place until the site is fidly stabilized.
b) No surmwacer nmoffmay be discharged to the post-construdion stomrwater BMPs undess and=61 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 W post construction
operation for umm ger,attenuation,recharge,and/or manned,the conversion is allowed by the MasA)EP Stonnwaser
Handbook BMP specifications and that the BMP has been properly cleaned orprepared for post construction operation,
including removal ofall consWctionperiod sediment trapped in inlet and outletcontml grammes;A.as-built final construction
BW plans are included,signed and stumped by a Registered Professional Engineer,certifying the site is fully stabilized;HL
any illicit discharges W the sWrmwatamanagement system have beenremmed,as per the requirements of Stormwamr
Page 5 of 10•ELECTRONIC COPY
U Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1495
WPA Form 5-Order of Conditions. eDEP Trao=tim#:349778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
Page 7 of 10• ELECTRONIC COPY
DEP FILE#242- 1495
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
ro osals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: construction of garage/pool house(approx. 20' x 24'), deck
(approx. 8'x20'),pool and patio within the 100-foot Buffer Zone to Bordering Vegetated
Wetland(BV W). Additional work includes relocation of an existing shed,removal of 276
s.f. of driveway with associated restoration,installation of 1.5' wide driveway pavers,
removal of an existing timber retaining wall with appurtenant site work and grading
within 100 feet of a bordering vegetated wetland.
21.The work shall conform to the following:
Applicant&Property Owner: Dale&Tiffany Jenkins
80 Laconia Circle
North Andover,MA 01845
Notice of Intent Prepared by: John M. Morin
The Neve-Morin Group,Inc.
447 Old Boston Road
Topsfield,MA 01983
Received on: August 27,2010
Site Plans prepared by: The Neve-Morin Group,Inc.
Titled:Proposed Site Development Plan
Designed for Dale&Tiffany Jenkins
Dated: August 25,2010
Revised:10/12/10&11/2/10
Stamped by:John M. Morin,P.E.
Other Record Documents: Letters from: The Neve Morin Group,Inc.
RE: 80 Laconia Circle,DEP File No. 242-1495
Dated October 12,2010&November 2,2010
Letter from Division of Fisheries &Wildlife
RE: NHESP File No.: 10-28614
Dated:September 24,2010
242-1495,60 Laconia Circle OOC.dw I NACC 122/2010
DEP FILE#242 - 1495
22.The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and other
regulatory measures,shall be deemed cause to revoke or modify this Order.
25.This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations,and may
require any information,measurements,photographs,observations,and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws or
regulations.
27.The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least this
days(30) urior 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.
242-1495,80 Laconia Cinic OOC.doc 2 NACC 17/7/2010
DEP FILE#242- 1495
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 area is affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BV W). This resource area is significant to the interests of
the Act and Town ByLaw as noted above and therein The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
33. The NACC inspected and confirmed wetland flags 100 through 116 and 200 through 210
as shown on the revised plan dated and referenced herein. The wetland was delineated by
The Neve-Morin Group,Inc. on June 24, 2010.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and
a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource area except as follows:Waiver of the 25' No-Disturbance Zone and 50'
No-Construction Zone granted for installation of 1.5'wide driveway pavers. 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,sods or vegetation is permitted in the No-Disturbance Zone except as noted herein.
35.The NACC finds the applicant's proposal for removal of 276 sq. ft. of driveway pavement
adjacent to wetland flags 102 and 103 to be adequate mitigation for disturbance of the 25-
foot No-Disturbance Zone. The applicant shall provide the Conservation Department
with a planting plan consisting of native shrubs prior to the start of construction. The
restoration area shall undergo one year of growth to ensure survival prior to the issuance
of a Certificate of Compliance. The area shall be maintained as No-Disturbance Zone in
perpetuity.
36. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
37. 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
242-1495,80 Laconia circle 00CAoc 3 NACC 12/1/1010
DEP FILE#242 - 1495
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or,if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land,the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DRP,File Number 242-1495"
41. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing(at the expense of the applicant).Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. It is the responsibility of the applicant, owner,and/or successor(s)to ensure that all
with. The project engineer and
conditions of this Order of Conditions are compliedp of
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including the construction of restoration
areas,installation of sedimentation/erosion control devices and re-vegetation to be
completed before other work begins on-site. Approval of the phasing plan is required
prior to construction.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s)throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
242-1495,80 Laconia Cycle OOC.doc 4 NACC 12/2/2010
DEP FILE#242- 1495
be monitored. The proposed limit of work shall be shall be clearly marked with erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
be checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery,storage of machinery or
materials,stockpiling of soil,or construction activity is to occur beyond this line at any
time.
45. Erosion controls 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 Commission's
request.
46.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 20 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.
47. A check payable to the Town of North Andover shall be provided in the amount of$3,000
which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof,shall be signed by a party or parties satisfactory to the
NACC,and Town Counsel,and shall be released after completion of the project,provided
that provisions,satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
48. The applicant shall 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. The
Environmental Professional will immediately notify the Conservation agent of any matter
242-1495,80 Laconia Circle 00C.doc 5 NACC 12/2/2010
DEP FILE#242 - 1495
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.
49. 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. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain
stable,and erosion controls are adequate and secure.
50. Prior to construction,the applicant shall permanently mark the edge of the"25-foot No-
Disturbance Zone" with a minimum of eight(8)wetland markers spaced evenly every 25
feet incorporating the following text: "Protected Wetland Resource Area' and the
associated rules (1 square sign for every 3 round). 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. The markers shall remain posted and be replaced as
necessary in perpetuity. Markers may be obtained from the Conservation Department
($2/round and$3/square).
51. Prior to the commencement of any work on site the applicant/contractor shall stake the
garage/foundation comers and the limits of the pool. These measurements will be
verified in the field during the pre-construction meeting.
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
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DEP FILE 9 242 - 1495
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 perforating 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).
54. Following the pre-construction meeting and prior to the start of work,the applicant shall
conduct test pits in the area of the pool to determine conditions for excavation(i.e.
location of boulders/ledge). Findings shall be reported to the Conservation Department
for final decisions on necessary erosion controls and construction access.
STORMWATER MANAGEMENT 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. Upon beginning work,the applicant shall submit written monthly progress detailing
what work has been done in or near resource areas,and what work is anticipated to be
done over the next period.This will update the construction sequence.
58. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
59.The contractor will take all steps necessary to control dust onsite so that adverse
effects on adjacent resource areas and/ or habitat do not occur.
60. The existing driveway and front lawn shall serve as the construction access for the
project. The driveway shall be swept daily to remove sediment deposited by
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construction vehicles accessing the site. If necessary, a crushed stone construction
entrance shall be installed to minimize soil / material tracking onto Laconia Circle.
All construction vehicles must access the site through the construction entrance. This
entrance shall be reinforced as necessary.
61. Erosion control devices shall be inspected regularly;any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas;silt fence
and hay bales shall be replaced as necessary.The areas of construction shall remain in
stable condition at the close of each construction day. All erosion controls shall be in
place throughout the duration of any construction on site or unless authorized by the
Conservation personnel.
62. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. 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. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the NACC or its administrator 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.
63. 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.
64. 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 V of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilizing material as approved by the Conservation Department
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.
65. 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.
66. Construction equipment/vehicles shall not be staged overnight within 50 feet of a
wetland resource area.
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DEP PILE#242- 1495
67.There shall be no stockpiling of soil or other materials within 100 feet of any resource
area. Per the applicant,materials will be trucked on and off site daily.
68.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.
69. 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.
70. 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
71. 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.
72. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area.This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
73. 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.
74. 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.
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DEP FILE#242- 1495
75. 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&stonnwater
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 ilk disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76.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 as approved
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DEP FILE#242- 1495
under DEP#242-1495. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (refer to Section
3.4 (page 15)of the Regulations for performance standards within these
zones)The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local Bylaw;
➢ Resource Area Markers (Condition#50);
Discharge or spillage of pollutants (Condition#70);
➢ Prohibition of underground fuels (Condition#71);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#72).
242-1495,80 Laconia Circle OOC.dac 11 NACC 1227010
LOMassachusetts Department of Environmental Protection PmvldedbyMassDEP:
Bureau of Resource Protection-Wetlands Ma r;DEP File#:242-1495
WPA Form 5-Order of Conditions eDEP Transaction#:349778
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cnty/r.NORTHANDOVER
E. Signatures �I
This Order is valid for three years from the date ofissvP'
ance,malas aherwise specified U
pursmm[N General Condition#4.Ifthis is an Amended OrderofConditions,tlu AmeMd1 1.Date ofOriginal Order
ON,expires an the same date as the original Order of Conditions.
Please indicate the numberofinembers who will sign this four.This Order must be signed by 4
amajorityofthe Conservation,Cruisaission. 2.NumbceofSiguers
The Order most be mailed by comfiedmail(rehrm receiptrequated)or hand delivered to the applicant A copy also most be mailed
or hard delivered a the sometime to the appropriate Department of Environmental Protection Regional Other,Your filing
electr,nicdly,and the property owner,if different fnan applicant
Signatures:
C by Land delivery on Toby certified mail,return receipt requested,on
JI'D
Data Date
F. Appeals
The applicant,the owner,anyperson aggrievedby this Order,any ownerof land abutting the landsubjectto this Order,or any ten
residents of the city ce Neu in which such land is located,aro hereby notified of their right to request the appropriate MassDEP
Regional O6iceto issue a Superseding Order ofConditions.The request most be made by certified=it or hand delivery to the
Department with the appropriate filing fee and a completed Request fir Departmental Action Fee Transmittal Foran,as provided in
310 CMR 10.03(7)within ten business days fi,n the date of issuance of this Order.A copy ofthe request shall at the same time be
sent by certified=1 or band delivery in the Conservation Commission mission and to the applicant,if he/she is not the appellant
Any appellants seeking N appeal the Departments Superseding Order associated with this appeal will be required to demonstrate price
participation in the review of this project Previous participation in the permit proceeding means the submission ofwrittm infomstim N
the Conservation Commission prior N the close of the public hearing requesting a Superseding Order,or providing written information
to the Department prior N issuance of Superseding Order.
The request shill stat,clearly and concisely the objections N the Order which is being appealed and how the Order does not
contribute N the protection of the interests identified in the Massachusefta Wetlands Protection Ad(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based ma a municipal o&MM,bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 9 of 10•ELECTRONIC COPY
DEP FILE H 242- 1495
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP"NACC number)
the North Andover Conservation Commission.
Wor
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.
A
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File N) 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. 1 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 ff)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
242-1495,80 Laconia Mete OOC.doc 12 NACC 122@010