HomeMy WebLinkAboutMiscellaneous - 140 MARIAN DRIVE Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242-1564
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer,use Matthew Motew
only the tab key Name
to move your 140 Marian Drive
cursor-do not
use the return Mailing Address
key. North Andover MA 01&45
�-1�
Cllyrrown state Zip Cade
°" 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Matthew Motew
® Name
September 17 2012 242-1564
Dated DEP File Number
3. The project site is located at:
140 Madan Drive North Andover
street Address Cityrrown
Map 107C Parcel 52
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(ff different)
Essex Northern 13151 51
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
101812014
Date
'^Tp^ -�' �`^'2914 WPA Fw BB,cminaae N CoVianw•Paw 1 M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242-1584
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prmided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial 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Conditions has lapsed and is therefore no longer valid.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:
70
C. Authorization
Issued by:
North Andover 'o8
Al
Conservation Commission Date of Issuarou,
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regio al Office(See
htt :/Aw .mass. ov/eea/a encies/massde /aboutio tacts/find-themassde -
reoionaloffice-for-your- ity-or-town htmll.
Signatu
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242-1564
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To----------------------------------_________-_______-_-_.__._._.______._.___.___-___.__.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
140 Marian Drive 242-1564
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Matthew Motew
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land,the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Sgnature of Appliwnt-
vpeWftdm-m•.noIN14 WDA Fa 8B,CMIfiub M Cwnpll e•Pape 3 d 3
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MwDEP File#:242-1564
WPA Form 5-Order of Conditions eDEP Transection#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/roam NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b,r Amended DOC
3.Applicant Details
a FbstName MATTHEW b.Last Name MOTEW
c,Organization
d Mailing Address 140 MARIAN DRIVE
a Cfly Toan NORTH ANDOVER £State MA g.Zip Code 01845
4.Property Owner
a First Name MATTHEW b.Last Name MOTEW
C.Onganiaarion
d.Mailing Address 140 MARIAN DRIVE
a Cdy/ro nt NORTH ANDOVER E State MA g.Zip Code 01845
5.Project Location
aStreet Address 140 MARIAN DRIVE -
b.City/rown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 107C e.Pawn l/Lot# 52
E Latitude 42.65283N g.Longitude 71.1063W
6.Property recorded at the Registry of Deed for:
a County b.Certificate e.Book d.Page
NORTHERN ESSEX 11222 163
7.Dates
a DateNOI Filed:8/13/2012 b.We Public Hearing Closed:9/122012 c.Date Oflssuanca 9/172012
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Flaal Date: e.Scale:
SITE PLAN HANCOCK )OHNGILBERTDICK 828/12
ASSOCIATES 1°tea
B. Findings
I.Fim irw pursuant to the Massachusetts Wetlands Protection Act
Page I of 10 a ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of ResourceProtection-Wetlands MassDEP File#:242-1564
WPA Form 5-Order of Conditions cD,ETrnsac°o,n,4:50O
013
L1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 tPR
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 the the areas in which work is proposed is significaotto the following interests of
the Wetlands Probation Act
Check all that apply:
a. F Public Water Supply b. r Lard Containing Shellfish c.F PreventionofPolluticn
d. F Private Water Supply e. F Fisheries f F Proocticnof Wildlifeliaboat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby fads the project,as proposed,is:
Approved subject to:
a F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations
This Commission oilers 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 m
differ from the plans,specifications,m other proposals submitted with the Notice ofhdent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may W go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached ta this Order.
a r The information submitted"a applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Ad.Therefore,work on Us 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 interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 r Buffer Zone lmpacts:Shodrst distance between limit of project disturbance and the wetland resource
area specified in 3100MR10.02(I)(a). a linear feel
Inland ItmoureeArae Impacon(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBank
aloi,ar feet 7h—feel alinearfed d.linear feet
5.r Bordering Vegetated Wetland
TN--f— 6-N uare fed c.square fat d.square fat
6. r Lard maker Waterbodies and Waterways
ume feet
TKb.square feet c.square feel d squme feel
e.wY dredged f.dy dredged
7.r Bordering Lend Subjeel to Flooding
a square fat b.square feet c.square fed d square ted
Page 2 of 10•ELECTRONIC COPY
ulMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MU DEP File#:242-1564
WPA Form 5 -Order of Conditions eDEP Transaction#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cmy/rown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g,cubic feet h.cubic feet
8.r Isolated Lend Subject un Flooding
asqunrefeet b.squarefed
Cubic Feet Flood Storage
a.cubirkd d.wbic fed e.cubicfeet fmbiefeet
9.rRiverfrontA.
eeob.total sq.feet
Sq flwitlun IOD ft 252 252 252 252
7-.q--feet d square feet e.square feet f square fed
Sq ft between 100-200 R
g.square fcet h.square feet i.square feet j,square feet
Coastal Resource Arm Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate she under Land Under the Oceaq below
11,r Land Under the Ocean
a square feet b.square fed
a dy dredged d.c!y dredged
12.r Barrier Beaches Indicde size orderCoasnd Benches andlor Coastal Dunes below
13.r Coastal Benches
TN--fed b.square feet o.r/ynomishmed d dynourishmem
14.r Coasld Dunes
a square fed b.square feet aetynwaitN dc/ynamsbmcot
15.r coastal Books
a8nearfed b.linear feet
16.r Rocky Intertidal Shores
a square fed Is.square feet
17.r Sult Marshes
a.square feet b.square fed c.square fcet d.square fed
18.r Lard Under SeltFunds
asquarefed b.square feet
T ddredged d dy dredged
19.r Lard Containing Shellfish
a square feet b.square feet a.square feet d.No.fed
Page 3 of 10*ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection-Wetlands MusDEP File#:242-1564
WPA Form 5-Order of Conditions cDEP Transection#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/Fown:NORTH ANDOVER
hWicate sin under Coastal Banks,inland Bank Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Watenbodies and Waterways,
above
c.dy dredged d.rly dredged
21.r Land Subject to Coastal Storm Flowage
a square fmt b.square feet
22.
r Resteratinn/Enhancement(For Approvals Only)
If the project is for the purpose Of counting or enhancing awetand resource area in addition to the square footage that has been
entered in Section B.S.c&d or 13.17.c&d above,please ordered the additional amount here,
a.square feet of13V W b.square feetofSaltMarsh
23.
C Streams Crossing(s)
lithe project involves Stream Crossings,please enter the number ofnew stream crossings/mood,of replacement stream crossings.
a.numberofnewmrannaossings b.number ofreplaconent stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related stsMes and other regulatory merinos,shall be deemed
cause to revoke or modify this Order.
2. The Order does not gram any property rights or any exclusive privileges;it does not authorize any injury in private property or
invasion ofprivate right.
3. This Order does not refieve the permittee or my other person of the necessity ofmrnplying with all other applicablefederal,
state,or local statutes ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the dam 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 dam more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more that flute 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 he extended by the issuing submity for me or more periods of up to three years each upon application to the
issuing authority a least 30 days prior to the expiration dam of the Omer.
6. If this Order constitute;anAmended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
dam of the original Final Order of Conditions.
7. Any fill used in connection with thispmical shall be Clem fill Any fill shall contain no hash,refuse,rubbish,ordebris,including
but not Iimitedin lumber,bricks,plaster,wive,lath,paper,cardboard,pip,tires,ashes,refiiger un,moorvehiclm a pants of
myrofthcidess ing.
8. This Order is not fatal until all administrative appeal periods from Oris Order have elapsed,or if such an appeal has been taken,
until a0 proceedings before the Depamnent have been completed.
9. No work shall be undertaken until the Order has become fund and then has been recorded in the Registry of Deeds or the land
Coad for the district in which the land is located,wit in the chain of title of the effected property.In the case of recorded land,
Page 4 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1564
r WPA Form 5-Order of Conditions eDEPTransaction#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
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 cele of the registered land the Final Order shall also be noted on the Land Court
Certificate ofTifle of the owner ofthe land upon which the proposed work is done.The recording information shall be submitted
in the Conservation Commission on the form m the end of this Order,which torn must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed atthesite not less than two square feet or more tan twee square feet in size bearing the words,
Massachusetts Department of Environmental Protection"
[m'Mass)EP"j
File Number:"242-1564"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant.shall submit a Request for Certificate ofCompliance(WPA I=
8A)in the Conservation Commission.
13. The work shall conforninthe plans and special conditions referenced in this order.
14. Any change the plans identified in Condition#13 above shall require the applicant us inquire of the Conservation Commission
in wining whether the change is significant enough in 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 m this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and nay require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shop apply to any successor in interest or successor in control ofthe property subjectto this Order and
W 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 arra 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 issucdby the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabfii dwith vegetation in
other means.At no time shall sediments be deposited in awetand or water body.During construction,the applicant or his/ber
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control my erosion problems datoccur 9the site and shall also immedimely notify the Conservation
Commission,which reserves the right require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork miles;anotlrer flmhofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r- isnet(2)re subject to the Massachusetts Stormwater Standards.
Wdic work is subject to Stomtwater Standards,then the project is subject to the following conditions;
e) All work,including site preparation,land disturbance,careAruction and redevelopment,shall be implemented in accordance
with the concoction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stom oosorPollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Pemtit as required by Stornwater Standard 8.CornYmct in period erosimn,sedimentation and pollution control measures and
best mmnag sonsmpractices(BMPs)shall remain in place until the she is fully stabilisd.
b) No stomhwater runoff may be discharged to the post-construction stmmwamr,BMPs unless and until a Registered
Professional Engineer provides a Certification thin:i all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any coretruction period BMPs intended to he converted to post construction
operation for stormwater attenuation,recharge,andbrtreatnent,the conversion is allowed by the MMDEP Stormwater
Handbook BMP specifications and tat the BMP has been properly cleaned or prepared fm post construction operation,
including removal of all cmruvuUion period sediment trapped in inlet and outlet control structures;ii..as-builtfnal consNrction
BMP plans are included,signed and ensured by a Registered Professional Engineer,cenlfying the site is fully stabilized;in
any illicit discharges to the smrmwamr management system have been removed,as per the requirements of Summoner
Page 5 of 10'ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wetlands M=DEP File#:242-1564
WPA Form 5-Order of Conditions eDEP Transection#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Standard 10;iv.all post-conswction smrmwdcrBMPs,are instated in accordance with the plans(including all planting
Plans)approved by the issuing authority,and have been inspected to ensure find they are not damaged it that they are in
Paperwonking condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maursoance until the issuing authority is notified that mother party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,on Partial Certified,ofCompliannce,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
MainrenaneeCompliance Sfdernent("O&M Statement")far the StorriwderRNIN identifying the party responsible for
implementing the stormwnta,TINT Operation and Maintenance Plan("O&M Plan")and certifying the following:i)the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writingoftheh ongoing legal responsibility b operate and maintain the stormwater managementBMPs and
implement the StonnwderPollution Prevention Plan.
d) Post-runsauctionpollution prevention and source control shall be Implemented in accordance with the long-Term pollution
prevention plan section ofthe approved Stonmwder Report and,ifapplicable,the Stornwder Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit
e) Unless and until mother party accepts responsibility,the landowner,or owner ofany drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the
issuing authority a legally binding agreement ofrecorl,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and the the proposed responsible panty shall be treated w ape rruitee for
purposes ofimplemen ting the requirements of Conditions I9(t)through 19(k)with respect to that BMP.Any ftilure ofthe
proposed responsible party in implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation ofthe Order fConditions or Certificate of Compliance.in the case ofsmmnwater BMPsthat are serving more
than one loo the legally binding agreenront shall also idendfy the lotsthd will be serviced by the stormsvaterBMPs.A plan and
easement deed and grana the responsible party access to pattern the required operation and maintenance mud be submitted
along with the legally binding agreement
f The responsible party shall operate and maintain all siomnwder BMPs in a,,,,,dance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts StornwaerHandbook
g) The responsible panty,shall:
1.Maintain an operation and maintenance log for the laatihree(3)consecutive calendar years ofinspcetions,repairs,
maintenance and/or replacement ofthe domhwder management system or any part thereof,and disposal(for disposal the
log shall indicate the type ofmaterial it the disposal location);
2.Make the maimenence log available to MMDEP and the Conservation Commission("Cmmnission")upon request;and
3.Allow members and agents oftheMassDEP and the Commissionin enter and inspect the site in evaluate and ensure
that the responsible party is in compliance with the requhernents for each BMP established in the O&M Plan approved by
the issuing authority.
h) AO sedunent or other mntnminana removed from stomnwder BMPs shall be disposed ofin accordance with all applicable
federal,state,and local laws and regulations.
) Illicit discharges to the stormwdermanagement system as defined in 310 CMR 10.04 are prohibited.
j) The stornwder management system approved in the Order of Conditions shall not be changed without the prior written
approval ofthe issuing authority.
k) Areas designated as qualifying pervious aneasfor the purpose ofthe Low Impact Site Design Credit(as defined in the
MaaDEP Stomnwder Handbook Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall net be altered
withoutthe prior written approval oftine issuing authority.
0 Access fon maintenance,repair,and/or replacementofBMPs shall not be withheld.Any fencing constructed amend
dornwder BlvBs shall include access Rules and shall be at least ser inches above Wade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10'ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9:242-1564
WPA Form 5-Order of Conditions eDEP Tnaussc6u.9:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cltyfrow :NORTH ANDOVER
Page 7 of 10'ELECTRONIC COPY
J
LOMassachusetts Department of Environmental Protection Provided by MacE)EP:
Bureau of Resource Protection-Wetlands MacsDEP File#:242-1564
WPA Form 5-Order of Conditions eDEP Transaction#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/Ibwn:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. neConservation Commission herebv(check one that applies)
a r- DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on tins project may not go forward unless and until a revised Notice oflntem is submitted which provides
measures which are adequate to meat these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. F APPROVES the proposed work,subject to the following
additional conditions
I.Municipal Ordinance or Bylaw NORTH ANDOVER 2.Citation CHAPTER 178
WETLANDSBYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intentreferwced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Nonce ofhnent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED.
Page 8 of 10+ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MessDEP File#.242-1564
WPA Form 5-Order of Conditions eDEP Transaction#:500138
Massachusetts Wetlands Protection Ad M.G.L.c. 131,§40 C5ty/fown:NORTH ANDOVER
E. Signatures
This Order is valid for three years fiom the date of issuance,unless otherwise specified
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date ofOriginal0 hr
Order expires on the same date as the original Order of Conditions.
Please indicate the numberofinembers who will sign this form.This Order must be signed by
a majority of the Conservation Commission. 2.Numbero`Signers
The Order mus[be mailed by certified mail(return receipt requested)or hand delivered in 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:
"7
r'
r- by hand delivery on rKy certified mail,return receipt requested,on
�/z 77//
Date Date
F. Appeals
The applicant,the owner,my person aggrieved by this Order,arty owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is locared,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request most be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fm Transmittal Form,as provided in
310 CMR 10.03(7)within no business days from the date of issuance of this Order.A copy of the request shall at the same time be
mart 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 in the close of the public hearing,requesting a Superseding Order,or providing written information
in the Department prior m issuance of Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute in the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extant that the Order is baud on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellmejurisdiction.
Page 9 of 10•ELECTRONIC COPY
LOMassachusetts Department of Enviroumemal Protection Provided by MassDEP:
Bureau c f Resource Protection-Wetlands MassDEPFile#:242-1564
WPA Form 5-Order of Conditions eDEP Tran action#:500138
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City?own:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry ofDeeds ca,the Land Court for the district in which the land is lasted,
within the chain oftide ofthe affected property.hr the case ofrecorded land,the Final Order shall also be noted in the Registrys
Greeter Index under the name ofthe owner ofthe land subjeato the Order.In the case ofrogistered land,this Order shall also be
noted on the Land Corot Certificate of Title ofthe owner ofthe land subject to the Order of Conditions.The recording information on
this page shell be submitted to the Conservation Commission&sled below.
NORTH ANDOVER
Corescrvatiro Commission
Detach on dotted tine,have stamped by the Registry of Deeds and submit to the Conservation Commission.
.........................................................................................................................................................................................................
Ta
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
140 MARIAN DRIVE 242-1564
Project Location MassDEPRIeNumber
Has been recorded at the Registry of Deeds of
C—AY Book Page
IT
Property Owner MAT HEWMOTEW
and has been noted to the chain ofhde ofthe affected property m:
Book Page
N accordance with the Order of Conditions issued on:
Date
Ifteconled lard the instrumentnamber identifying this transaction is:
Instrwnent Number
If registered]and,the doaunem number identifying this transaction is:
DocumentNmnber
Signature ofApplicarn a,.ainom
Page 10 of 10 a ELECTRONIC COPY
DEP FILE N 242-1564
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 mo ft 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:remove an existing deck and construct a 3 season porch
within the same footprint.New sonotube footings for the porch will be installed
outside of the 25'No-Disturb Zone. New stairs and a basement walkway will also be
constructed. A waiver has been granted for work with the 50' NO-Build Zone to a
Bordering Vegetated Wetland (BV W). Work is also within Riverfront Area and will
only result in temporary disturbance.A buffer zone enhancement planting area with
fence is approved as mitigation.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Matthew Motew
140 Marian Drive
North Andover, MA 01845
Filed:August 10,2012
Applicant's Representative: Gregory Hochmuth
Hancock Associates
185 Centre Street
Danvers,MA 01923
Site Plans prepared by: Hancock Associates
Titled:Site Plan
Dated:8/10/2012
Last Revised:8/28/12
Signed and Stamped by John Gilbert Dick, PLS
Other Record Documents: Waiver Request
Dated:8/7/12
Letter dated August 29,2012
Re: Revised Plan
Signed:Gregory J. Hochmuth
Hancock Associates
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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: Bordering
Land Subject to Flooding,Riverfront Area and Buffer Zone to Bordering Vegetated
Wetland (BV W). These resource areas are significant to the interests of the Act and
Town Bylaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified
interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas and
associated buffer zones 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 except for areas shown as previously
developed on the herein referenced plan and as approved by the herein referenced
waiver. The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.4&Appendix F of the local Regulations).
35. As mitigation for sunroom construction in the 50-foot No-Build Zone the applicant
proposes to plant a variable width buffer zone enhancement area marked by a post
and rail fence monumented with wetland markers. Planting shall be monitored for 1
year by a qualified environmental professional with a monitoring report,including
photographs,submitted to the NACC at the end of that time period. Plants that die or
are not thriving during the monitoring period shall be replaced. In addition,all brush
dumping,trash and debris in the 25-foot No-Disturbance Zone shall be removed and
disposed of at an appropriate recycling, trash or compost facility.
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.
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DEP FELE#242-1564
43.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a dated and detailed sequence of construction,including the installation of
footings, dwelling construction,and final stabilization.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
45.Siltation fencing or other erosion control approved by the Conservation Department
shall be placed between all construction areas and resource areas as shown on the
herein referenced plan. The erosion control barrier will be properly installed
(trenched and staked) 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.
46.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 5 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
$1,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof,shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC,have
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DEP FILE#242-1564
51. 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.
52. 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, 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
53.Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work,the applicant shall submit written progress reports 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.
55. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific
to foundation dewatering and well drilling is. De-watering activities shall be
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63. 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
64. 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.
65.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
low phosphorous 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.
66.There shall be no dumping of leaves,grass clippings,brush,or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity.
67. 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.
68. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
69. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"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.
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DEP FILE#242-1564
APPENDDC A-AFFIDAVIT
4 on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CFIECKAT LEAST ONE BLOCK)
1._ I am the of
Tp itio.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)
242-1564,140 Marian Drive 1 I NACC 9/172012