HomeMy WebLinkAboutMiscellaneous - 120 MILK STREET Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1514
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 p7,m d—by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fortes on the
computer,use Tara Leigh Development LLC
only the tab key Name
to move your 115 Carter Field Road
cursor-do not Mailing Address
use the return MA 01845
key. North Andover
VQICS' Thisckyrown State Zip Cada
2. This Certificate of Compliance is issued for work regulated by a foal Order of
Conditions issued
Tara Leigh Developp
ment LLC
F Name
April 14 2011 242-1514
Dated DEP File Number
3. The project site is located at:
120 Milk Street North Andover
Street Address Cltylrown
Map 60A Parcel 13
Assessors Map/Plat Number ParceVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Tara Leigh Development LLC
Property Owner(If different)
Essex North 12519 73
County Book Page
Cenigcate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
5/23/12
Date
xpehlv°G.�c rov.'MM9 WPAFarm8B.ceNfiwrealcandllanw-Pma1 ora
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1514
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pravided 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Conditions has lapsed and is therefore no longer valid.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:
77
C. Authorization
Issued by:
North Andover4 1
Conservation Commisslon Da of Is ante
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.gov/dep/about/region/findvour.htm).
Signature:
xpMrMy.Mc•rev.1221g9 WPA F.8B,Cwl1..N Cmmplhnm•P,.]M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 2421514
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:
120 Milk Street 242-1514
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
'h Wmd�.tlx•m.1]23CB w AFmmW Cealfiwb of Cw000¢ •Ppe 3 of3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 242.1614
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:
coma onr.uter,use
toms Tara Leigh Development LLC
only the tab key Name
to move your 115 Carter Field Road
cursor-do not Mailing Address
use the return MA 01845
key.
INorth Andover
_Idial CI City/rows State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued
Tara Leigh Development, LLC
ew Name
April 14 2011 242-1514
Dated DEP File Number
3. The project site is located at:
120 Milk Street North Andover
Street Address cityrrown
Map 60A Parcel 13
Assessors Map/Plat Number ParoelA.ot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Tara Leigh Development LLC
Property Owner(a different)
Essex North 12519 73
County Book Page
Corticate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
5/23/12
Dale
wpalrm90 acc.rev.13a1W WPA Form ea,cenlncaW orcanorerc..Pagel ell
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1514
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 satisfactodiy
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:
77
C. Authorization
Issued by:
North Andover 5 y 11
conservation Commisslon Da of Is arwa
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
hfti):/Iwww.mass.gov/dei)/about/realon/findvour.htm).
Signature:
wpahmLW.Jec•rev.1y33N3 WPp Fwm BB,CaNAmle of CunplienmPye 1 M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1514
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:
120 Milk Street 242-1514
Project Location DEP Fib Number
Has been recorded at the Registry of Deeds of.
Essex North
County
for:
Progeny 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
Signeturecf Applicant
�'Pm w'1N3Q WPAFw 80,C"N WKCMPIl -Papa3or3
LAMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#.242-1514
WPA Form 5-Order of Conditions eDEP Tcaa w ion#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r- Amended OOC
3.Applicant Details
a.First Name TOM b.LaoName ZAHORUIKO
c.Organuaaon TARA LEIGH DEVELOPMENT,LLC
d.Mailing Address 121 CARTER FIELD ROAD
e.Cdy/fown NORTH ANDOVER L State MA g.Zip Code 01845
4.Property Owner
a First Name TOM b.Last Name ZAHORUIKO
C.Orgurnaacn TARA LEIGH DEVELOPMENT,LLC
d Mailing Addrea¢ 121 CARTER FIELD ROAD
e.City/fown NORTH ANDOVER f sone MA g.Zip Code 01845
5.Project Location
a.Street Address 120 MILK STREET
b.Crty,Tcwn NORTH ANDOVER c.Zip Code 01845
d Assessors WPM&60A e.Parcctut# 13
E Latitude 42.67909N &Longitude 71.1153W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12418 182
7.Dates
a.Date NOl Filed: 3/14/2011 b.Date Public Hearing Closed:4/132011 c.Date Oflssuw.:4/142011
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Dare: e.Scale:
LOT
DEVELOPMENT NOW DESIGN FRANK C.MONTEIRO,P.E. 4/11/11 1=20'
PLAN,PROPOSED CONSULTANTS,INC.
HOUSELAYOUT
B. Findings
Page 1 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wedands MassDEP File 4.242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CiVroovaNORTHANDOVER
1.Fiodings pursuant to the Mossachusetts Wetlands Protection Act
Following the review ofthe the above-referenced Notice oflntent and based on the infommatimprovided in this application and
presented athe public hearing,this Commission Ends that the areas in wmdchwork is proposed is sigtdficantto the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply b. r- LandComawng SheOfish c.r' Prevention ofPoWtion
d. F Private Water Supply e. F Fisheries f. F Prowdonof Wildlife Behind
g. F Ground Wats Supply h F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,u:
Approved subjea to:
a.F The following conditions Which are necessary in accordance with the perfommarmce standards set frith in the wetlands regulations.
Ms Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
Genual Conditions,and any other special conditions attached in this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice ofIntent,these conditions shad confirm.
Deniedbecame:
b.r The proposed work cammt be conditioned to mea the performance standards sem forth in the wat amt regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient in describe the site,the work or the effect of the work on the incomes,
identified in the Wed.&Protection AcG Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient inf ninadon and inhumes measures which are adequate to protect the interests of the
Aa,and a final Order ofConditions 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.F Buffer Zone Impacts:Shortest distance between limit ofprojed disturbance and the wetland insurance 0
area specified in 310CMR10.02(1)(a).
a.linear feet
Inland Resource Area Impacla:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. f-Bank
almea,fret b.kncarfecM c.tinewfieet d.linear fed
5.r Bordoing Vegetated Wedand
a.square fear b.square feet c.square feet d square feet
6. r land under Waferbodies and Waterways
a square feet b.square feet c.square feet d.square feet
e.clydmdged fGy dredged
Page 2 of 10'ELECTRONIC COPY
L13Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityTown:NORTB ANDOVER
7.r Bordering Land Subject to Flooding
a square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feetg.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square fed b.square feet
Cubic Fact Flood Storage
c.cubic fed d.cubic feet e.cubic feet f.cubic feet
9.r Riverfiont Area
a trial sqfeet b.ental sq.feet
Sq ftwidun 100 It
c.square feet d.square fee[ e.square fed f.square fed
Sq ft between 100-200 P
g.square feet h.square fed i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Pon Areas lvdicate siw under land Undarthe Ocean,below
I I.r Land Under the Ocean
a square feet b.square fed .
c.ely dredged d uy dredged
12.r Boric Beaches Indicate size under Coastal Beaches and/or Coastal Ames below
13.r Coastal Beaches
a.square feet b.square feet c.Uy nourishment d r/y nourishment
14.r Coastal Ames
a square fed b.square fed c dyneuidanmt d rty aemsbment
15.r Coastal Banks
alinearfed b.lin=fed
16.r Rocky Intertidal Shows
e.aquere fed b.erFare feet
17.r Salt Marshes
a.square fed b.square feet c.square feet d square fed
18.r Land Under Salt Ponds
a square fed b.square feet
a dy dredged d dy dredged
19.r Land Countries shedlfrsh
Page 3 of 10*ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
WPA Form 5-Order of Conditions ¢DEP Transaction#:37¢016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C5tyfrogvNORTH ANDOVER
a.square feel b.square feet c.square feet d.square fat
Indicate size under Coastal Banks,mland Bank,Land Under the
20.r FishRsm Ocean,and/or inland Land Under Waterbories and Waterways,
above
a dy dredged d.cly dredged
21.r Land Subject to Coastal Sm.Flowage
a square feet b..quare feet
22.
r Restoration/Enhancement(For Approvals Only)
Ifthe project is fortheputpoa ofrestoring or enhancing a va fand resource area in addition m the square footage tlhat has ban
entered in Section B.Se&d orB.17.c&d above,please entered the additional amount here.
a square feet ofBV W b.square feet of Salt Marsh
23.
F Streams Crossing(s)
Ifthe projectinvolves Stream Crosshhgs,please enterthe tmmW of new stream crosmags/nunher ofreplacement stream crossings.
a.number ofnew steman crossings b.number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure an comply with all conditions stood herein,and with all related sources and other regulatory measures,shell be deemed
cause to revoke or modify this Order.
2. The Order dos not grant any property rights aany exclusive privileges;it does not authorize my injury to private property or
invasion ofprivate rights
3. This Order does not relieve thepenniaee or any other person of the necessity of complying with all other applicable federal,
statc,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereemm�der shall be completed within three years from the date of this Order unless either ofthe following
apply.
a the work is a maintenance dredging project as provided for in the Acs 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 than three years,the
eartension date and the special circumstances warranting the extended time period are set forth as a
special conditron in this Order.
5. This Order may be emended by the issuing authorityfor one or more periods ofupto three years each upon application to the
issuing authority at least 30 days prior to the mpnaman date of the Order.
6. If this Omer constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no cash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,who,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or pats of
my of the foregoing.
8. This Order is not final until all adminishative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed
Page 4 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
9. No work shell be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain offitle ofthe affected property.In the case ofrecorded land,
the Final Order shall also be noted inthe Registry's Grantor Index order the name ofthe owner ofthe land upon which the
proposed work is to be done.In the rase ofthe registered land,the Final Order shall also be noted on the Land Corot
Certificate of Tide ofthe owner of the land upon which the proposed work is dene.The recording infomsation shall be subtriaed
In the Conservation Commission on the form at the end ofthis Oder,which form must be stamped by the Registry ofDeeds,
prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or mom than throe square feet in size bearing the words,
"Massachusetts Deparn nest of Emlromnental Protection"
[or WhissDEP"l
File Number:"242-1514"
11. Where the Depamrent ofEnvkonmental Protection is requested in issue a Superseding Oda,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion ofthe work described herein,the applicant shall submit a Request for Certificate ofCompliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this oder.
14. Any change to the plans identified in Condition#13 shove shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough in require the filing ofa new Notice of1went
15. The Agent or vanishes ofthe Conservation Commission and the Deparhnent ofEnvuomneotal Protection shall have the right
enter and inspect the area subject in[Itis Oder at reasonable hours to evaluate compbane with Ne conditions stated in Nis
Order,and may require the submival ofany data deemed necessary by the Conservation Canmission or Deparenentfor that
evaluation.
16. This Order of Conditions shall apply many successor in interest or successor in control ofthe property subject to this Oder and
to any contractor or Oil=Pemen perforating work conditioned by this Order.
17. Prior to the start ofwork,and ifthc project involves work adjacent to a Bordering Vegetated Wetland,the boundary ofthe
wedand in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained and a Certificate of Compliance bas been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair total all dtveubedaress have been fully stabilized with vegetation or
other means.At an time shall sediments be deposited in awedand or water body.During construction,the applicant a higher
designee shall inspect the erosion controls on a daily basis and shall rernove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that oceor at the site and shall also immediately notify the Conservation
Co®nission,which reserves the right inrequire additional erosion and/or damage prevention controls it may deem necessary.
Sedinantation barren shall serve w the Herdt ofwork unless another limit ofwwk line bas been approved by this Order.
NOTICE OF STORMWAT'ER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(I) I- is nor(2)F subject to the Massachasetts Stornwater Standards.
Ifthe work is subject to Stmmrwater Standards,Men the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,ifappfiwble,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Constitution,General
Pernit as required by Stmmwater Standard 8.Construction period erosion,sedimentation and pollution consul measures and
best msagemeatpractices(BMPs)shall remain in place until the site is fully stabilized
b) No storoweler nmoffmay be discharged to the post-construction stonowder BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed orwill be removed by
a date certain specified in the Certification.For any construction period BMPa intended to be converted to post construction
operation for shinumter attenuation,recharge,and/or Inanition,the conversion is allowed by the MassDEP Smnmwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including reanoal ofa0 construction period sediment trapped in inlet and outlet control shucmres;ii..as-bulk final coosmtetiou
Page 5 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFte#:242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fovn:NORTHANDOVER
BMP plans are included,signed and smmpedby a Registered Professional Engincer,certifying the site is fully stabilized;iii.
any illicit discharges to the atormwatmmanagement system have been mnoved,as per the requirements ofStonnwater
Standard lo;iv.all post-construction stmrnwaeerBMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPa is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified drat another party has legally assunrd
responsibility far BW Prim to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible parry(defined in General Condition 19(e))shall execute and subntitto the issuing authority an Operation and
Maintenance Compharce Statement("O&M Statement')for the StormwaterBMPs identifying the party responsible for
implementing the stomwalerBMP 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 CertificateofCompliance,and ii.)the future responsible parties
shall be notified in writing oftheir ongoing legal responsibility to operate and maintains he stomhwater maragemem BMPs and
irnplemad the Stannwata Pollution Prevention Plan.
d) Post-constlucfi npollutionprevention and source control shall be implemented in accordance with the long-termpolktiion
prevention plan section of the approved Stormweter Report and,if applicable,the StornwaterPollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until soother party accepts responsibility,the landowner,or owner ofmydrainage easement,assumes
responsibility for maintaining each BMP.To overcome this preemption,the landowner of the property must submitto the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity,has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated ae a permittee fm
purposes of implementing the requiranents of Conditions 19(f)through 19(k)with respectto that BMP.Any failure of the
proposed responsible party to vnplemau the requnane arts of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions a Certitude of Compliance.lo the case ofstormwderBMPs that are serving more
tan one lot,the legally binding agreaneat shall also identify the lots that will be serviced by the smrmwaterBMPs.A plan and
easement deed that grants the responsible parry access in perform the required operation and maintenance must be submitted
along with the legally binding ogre:n in
J) The responsible party shall operate and maintain all surrawatc,BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last duce(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the smrmwater maagement system or my pan thereof,and disposal(fm disposal the
log shall indicate the type ofmataial and the disposal location);
2.Make the mamteaana log available to MassDEP and the Conservation Commission("Commission")upon request and
3.Allow members and agents of the MaseDEP and the Commission to enter and inspect the site to evaluate and ensure
dat the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other conmminaots removed firm stomwater BMPs shall be disposed of in accordance with at applicable
federal,stat,and local laws and regulations.
Illicit discharges to the smmmater management system as defined in 310 CMR 10.04 are prohibited.
j) The stcrmwat,manageman systan approved in the Order ofCoadieons shall not be clanged without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Craft(as defined in the
MassDEP Stmmwanr Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prim written approval of the issuing a dioity.
D Access for meintaance,repair,and/or replacement ofBMPs shall not be withheld Any feeing constructed around
atortnwater BMPs shall include access gates and shall be at least six inches above grade to allow far wildlife passage.
Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File A242-1514
MTA Form 5-Order of Conditions eDEP TmnNORT N NDOH:ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C1ty/1'ovm:NOR7
Special Conditions:
SEE ATTACHED.
Page 7 of 10'ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 Crty/fown:NORTHANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yea r- No
2. The Co tion Commission hmbv(check one that applies)
a, r- DENIES the proposed workwhich cannot be conditioned to
meet the standards set froth in amanicipal ordinance orbylaw
specifically:
].Municipal Ordinanceor Bylaw 2.Citation
Therefore,work on this pmjectmay not go forward unleas anduntil a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. APPROVES the
r proposed work,subject to the following
additional conditions.
1.Municipal OrdinancemB law TOWNOFNORTH
P Y ANDOVER 2.Cited® CHAPTER 178
3. The Commission orders that all work shell beperfonnedin accordance with the following conditions and with the Notice of
Inuart®ferencul above.TO the calUrthst the following conditions modify ordifferfirm(he plans,specifications,or odrer
proposals subvitredwith the Notice oflutent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
L-1 WPA Form 5-Order of Condidons cDEP Transection#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CStyAbwm:NORTBANDOVE'R
E. Signatures r
This Order is vandfor three years from the date ofissuance,unless otherwise specified
pursumn to Cenral Condition A.Ifthis is an Amended Order of Conditions,the Amended I.De of Ori nal Ordcr
Order cepbes on the same date as the original Order of Conditions.
Please indicate the number ofinembers who will sign this form.This Order most be signed by
a mijorityofthe Conservation Commission. 2.Numb of Signers
The Order must be mailed by certified mail(narma receipt requested)or(rand delivered to the applicant A copy also most be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,ifnotfiling
electronically,and the property owner,if different from applicant
Signatures:
r- by hand delivery on r certified mail,retum receipt requested,on
Date Date
F. Appeals
The applicant the owner,any person aggrieved by this Order,any owner of land staining the land subject to this Order,or any tar
residents of city or town in which such land u located,are hereby notified of their right to request the appropriate MassDEP
Regional Office m issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department with the appropriate filing fee and a completed Request for Deparhnemal Action Fee Transmittal Form,as provided n
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
seat by certified[nail or hand delivery m Ore Conservation Commission and hi the applicant if he/she is not the appellant
Any appellants scalars to appeal the Departments Superseding Color associated with this appeal will be required to demonstrate prior
participation in the review,of this project Previous participation inthe pemdt preceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
m the Department prior to issuance of Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contrrbrrte to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations,the Deparhnem has no appellatejurisdicton.
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LOMassachusetts Department of Environmental Protection Provided by MmsDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1514
WPA Form 5-Order of Conditions eDEP Transaction#:378016
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cny/1'own:NORTHANDOVER
G.Recording Information
Tlds Order of Conditions,most be recorded in the Registry of Deeds or the Land Court for the distrid in which the land is located,
within the chain of tide of the affected property,In the case of recorded land,the Final Order shall also be noted in the Regiahys
Gmrtor Index order the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Lend Cruht Certificate ofTite ofthe owner of the land subject to the Order of Conditions.The recording adbarvation on
this page shall be subini ted to the Conservation Cmnmission listed below.
NORTH ANDOVER
Conservator Commission
Detach on dotted Itne,have stumped by the ReWtryofDeo&and&brat to the Conservation Commission.
.. ....................................................................................................................................................................................................
To:
NORTH ANDOVER
Crnservahon Conunission
Please be advised that the Order of Conditions for the Project at:
120 MILK STREET 242-1514
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of.
County Book Page
to,.
Property Owner TOMZAHORUIKO
andhm been noted in the chain oftde ofthe affected property in:
Book Page
In accordance with the Orderof Conditions issued on:
Date
Ifmrotded land,the instrmnentnumber identifying this tramaction is:
Ins Wment Number
Ifrcgistered Iaol,the docurnent number identifying this tonsacbm u:
Document Number
Signature of Applicant ar.v�rzo�o
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DEP FILE#242 - 1514
Therefore,the North Andover Conservation Commission(hereafter the "NACU)hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: demolition of existing structures and construction of a
new single family home,attached garage, driveway and walkway and appurtenant
site work and grading portions of which are within 100 feet of a bordering vegetated
wetland.
21.The work shall conform to the following:
Applicant: Tom Zahoruiko
Tara Leigh Development,LLC.
121 Carter Field Road
North Andover,MA 01845
Notice of Intent filed by: Mark Gross
MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03038
Site Plans prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem,NH 03038
Titled: Lot Development Plan,Proposed
House Layout,120 Milk Street
Stamped By: Frank C. Monteiro,P.E.
Last Revised: April 13,2011
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
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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 these resource areas to the identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas
(Wetland Flags Al-A8) on the site as shown on the plans dated referenced herein.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone.
35. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order.
37. The NACC finds the applicant's proposal for restoration of the 25'No-Disturbance
Zone to be adequate. Yard waste shall be removed from the 25' No-Disturbance Zone
and the restoration area shall be planted as detailed on the plan of record referenced
herein.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
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of machinery,storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
46. A row of staked hay bales backed by trenched siltation fence as approved by the
Conservation Department shall be placed between all construction areas and
wetlands. The erosion control barrier will be properly installed and placed as shown
on the plans approved and referenced herein and shall be inspected and approved by
the NACC or its agent prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion,or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s)referencedinthis Order of Conditions. Should such installation be required by
the NACC,they shall be installed within 48 hours of the Commissions request.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof,shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions, satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACCs review and approval. This condition is issued
under the authority of the local ByLaw.
49. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent)as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site, during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes (or)The Environmental
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contractor,wetland scientist and the applicant to ensure that all of the Conditions of
this Order are understood. This Order shall be included in all construction contracts,
subcontracts,and specifications dealing with the work proposed and shall supersede
any conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of
the pern*'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
55. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
56. 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.
57. 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
58. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.)which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
59. 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.
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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 at the pre-construction meeting.
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. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
71. 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
72. 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.
73. 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 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.
74. 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.
75. 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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➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DBP#242-1514. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
Bylaw;
➢ Resource Area Markers(Condition#51);
Discharge or spillage of pollutants (Condition#71);
➢ Prohibition of underground fuels(Condition#72);
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Conditions
#73).
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