HomeMy WebLinkAbout55-70 MILLPOND ROAD Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wedands MEPTransaction
ra File ion#: 1557
'J�1'� M= EPFilctlan4:476326
WPA Form 5-Order of Conditions City/rown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a f+ DOC b.r, Amended OOC
3.Applicant Details b.LastName ANDERSON
a First Name MRL
c.OrgaudIDtion MILPOND HOME OWNERS ASSOCIATION
d Mailing Address 182NEWBURY STREET
e.CityGown PEABODY f.State MA &7iP Code 01960
4.Property Owner
a First Name b.Last Name
c.Organization SEE LIST INNOI PACKET
d Mailing Address
e.Cryfrown f State g,Zip Code
5.Project Location
a.Socat Address 55-70 MILLPOND
b.Chy/Fom NORTHANDOVER c.Zip Code 01845
d.AssessorsMap/PlaW 95A e.ParceVl.oW 24-83(SEELIST)
f Latitude 42.69915N &Long;tude 71.11742W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 04868 0258
SEEATTACHEDLIST
7.Dates
a Date NOl Filed:5/172012 b.Dow Public Hearing Closed: 5232012 c.Date Of Issuance:6/62012
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: G Plan SignedlStamped by: d.Revised Final Date: e.Scale:
DRAINAGE PENNONI
N4PROVEMENT ASSOCIATES INC. BENJAMIN C.OSGOOD,JR, 4/11/2012 ?-2(v
PLANS
B. Findings
Page 1 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1557
WPA Form 5-Order of Conditions eDEPTransartioa#:476326
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 CuyTown:NOR3HANDOVER
7.r Bordering Lend Subject to Flooding
a square feet b.square feet C.square feet d.square fat
Cubic Feet Flood Storage
e.cubic feet f.cubic fee[ g.cubic feel h.cubic feet
8.r Isolated Land Subject:to Flooding
a square fed b.square feet
Cubic FW Flood Storage
c.cubic fed d.cubic fed e.cubic fed £cubic fat
9.FRiverftdArea 24530 24530
a total sq.feet It.land sq.fed
Sq R within 1008
, squarefeet d.squarefed e.square fed f.squarefeet
Sq itbetween 100-200 it 24530 24530
g square fed h.squve fere i.squarefed j.square feet
Coastal Resource Area Impact:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o.r Ddegmted port Areas Indicele sae order land Under the Ocmq below
11.r Land Under the Ocan
asquarefed b.squarefect
u dy dredged d.dy dredged
12.r Barrier Beaches Indicate am under Coastal Reaches and/or Coastal Dunes below
13.r Coastal Beaches
a square fed b.square fee[ c.rty nomishmentd Gynourislunent
14.r Coastal Duras
a square fed b.sryare fed ucly nourishrnmt dotynourtlment
15.r Coastal Banks
alirrearfed b.linearfst
16.rRocky Intertidal Shores
a square fed b.square fat
17.r Salt Marshes
a square fed b.square fcet c.square fed d.square feet
is.r Laird Under Salt Ponds
a squarefeet b.square fed
c.dy dredged d.ely dredged
19.r Land Containing Shellfish
Page 3 of 10"ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands Mass Tranischum#-1557
�` eDEPTransucdm#:476326
WPA Form 5-Order of Conditions Cgy/rown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
9. No work shall be=&as,=nota the Ordahas becanefimlendthmhas been recordedindw RegistryofDeedsorthe Llad
Courtfmthe districtinwhichthe landis located,within lhe chain ofud,ofthe affected property.Inthecase ofrecorded land,
the Fiml Order shall"be noted hi the Registry's Gramme Index ondm the come of the owner of the lmd upon which the
proposed work is to be done.lathe care ofthe registered land,the Final Order shall also be noted orthe Lmmd Cour[
Certificate ofTitle ofthe owncrofthe hriduponwhichthe proposed work is done.The mmlingiafor nation shall be submitted
m the Conservation Commissim mthe form antra mdofthis Order,whichfomr must be stamped by theRegistry ofDceds,
prior m the commencement of work..
10. Asign shall be displayed atthe sicerwt less men two square fcetormore than threesquamfeettsiac bearingthe words,
"Massachusetts Department ofE wmaramental Protection"
[or'MassDEP"]
File Number:"242-1557"
11. Where the Department ofEnvimnmenlal Protection is requenedm issue a Superseding Order,the Conservation Commission
shall be aparty ro all agency proceedings and hearings before Mass DEP.
12. Upon completion after work described herein,the applicant shall submit a Request for Certificate ofCorapliance(WPATom
8A)to the Conservation Con rrossion
13. The work shall conform to the plans and special conditions refereacedtthis order.
14. Any change In ft plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Cotrunission
twriting whetsthechange is sig, limtenoughto require the filing ofanewNotice ofhent
15. The Agent or members ofthe Conservation Commission and the Department ofEnvimmrenmlProtection shall have the right 0
enter and inspect the area subjectto this Order at reasonable hours to evaluate compliance with the conditions slated inthis
Order,and may require the submittal ofa ry data deemed necessary by the Comervation Commission m Department for that
evaluation.
16. This Order ofConditiors shall apply in any successor in interest or successor in control ofthe property subject m this Order and
on my connector or other person perfonnlng work conditioned by this Order.
17. Prior mthe start ofwor$and ifthe project involves work adjacent to a Bordering Vegetated Welland,the boundary ofthe
wetland ince vicinity of the proposed work arna shall be marked by wooden stakes unflagging.Once in place,the wetland
boundary markets shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation boom shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetationor
other means.At no firms shall sediments be deposited in awetlandor water body.During construction,the applicant or his/her
designee shall inspect the erosion controls m a daily basis and shall remove accumulated sediments as needed The applicant
shall immediately control any emsim Problems that mcaratthe site and shall also immediately notythe Cmservatim
Commission which reserves the right m require additional erosion and/or damage prevention controls it may deem necessmy.
Sedimentation barriers shall serve as the limit of work unless mother limit of work line has been approved by this Order
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. Theworkmsocimedwiththis Order(the"Projecois(1) I- isnot(2)Tv mbjecttothe Massachusetts Stormwata Standards
Ifthe winkta wtijectto Smor mics Standards,man the project is subjectto thefollowing conditions;
a) All work,including she pvpamtion knit disturbance,construction andredevelopment,shall be implemented in accordance
whhthe cunstructimperiod pollutionprevermon and erosion am sedimentation controlplan art,ifappGwble,the
Stormwata PoBuhm Prevert ion Pimrequhedby the National Polli tuna Discharge F mimabm System Consnuctim General
Permit as required by Smrmwater Standard 8.Construction period erosion sedimentation and pollution council measiaes and
best management practices(HNPs)shell remain in place mfil the site's fully slebil=d.
b) No smrmwaaacrunoffmay be discharged to the post-construction stommwmterBMPsunless and until a Registered
Professional Engineer provides a Certification that:t all wrisnuctim period BMPs have been removed or will be removed by
udate certain specified in the Certification.For my construction period BMPs amended to be converted to post construction
operation for smrmwffim mtmnustion,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared fmprst mosnuctim operation
including removal ofall conshuctionPeriod sediment capped in Wet and outlet coonnl structures;it..m-builtfnal consvuctim
Page 5 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection PwAded M'MassDEP:
Bureau of Resource Protection-Wedands MasseDEP TrPFile N2#47637
26
0 WPA Form 5-Order of Conditions eDEP ownNORTwm�w N:ANDO
Massachusetts WaI nds Protection Act M.G.L.c. 131,§40 C7ry/1'own:NORTH ANDOVER
Special Conditions:
SEE ATTACHED.
Page 7 of 10• ELECTRONIC COPY
0 Massachasetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1557
WPA Form 5-Order of Conditions eDEP Transection#:476326
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTE ANDOVER
E. Signatures �1
This Order is valid for three years from the date ofissuance,unless othawisespeclleed
pursuantio Genual Condition#4.Ifrhisisan Ameoded Order ofConditions,the Amended 1.DawofOdginalONer
Order expires on the same date as the original Order of Conditions. /
Please indicate the number of members who will sign[his form.This Order most be signed by
a majority of the Conservation Commission. 2.Number nfSigners
The Order most he mailed by certified mail(return receipt requested)or hand delivered to the applicant A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant
Signatures: - A
rl
r by hand delivery on r4y certified mail,return receipt requested,on
�11N
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any ownerof land abutting the land subject to Nis Order,or any ten
residents ofthe city or town in which such lend is located,are hereby notified oftheh tighten request the appropriate MassDEP
Regional OfficeN issue a Superseding OrderofCom irons.The request must be made by certified mail or hand deliveryto the
Department,with the eppropriah filingfce and a completed Request for Departmental Action Fee Transmittal Fong asprovided in
31O CMR 10.03(7)within ten bus tim clays from the date of ismsmoe ofthis Order.A copy of the request shall at the some time be
sentby,certified mail orhand delivery to the Conservation Commission s duo the applicant,ifhdshe is not the appellant.
Any appellants seekingto appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participation inthe review ofthisprojecl.Previous participation m the p=i1 pmviceding memsthe submission ofwrita n information to
the Conservation Commission prior to the close ofthe public hearing requesnag a Superseding Order,orproviding written infomation
to the Department prior to issuance of Superseding Order.
The request shall some clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Ad(M.G.L.c.131,§40),and is
inconsistent with Ne wetlands regulations(310 CMR 10.00).To the occur that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellatejurisdichon.
Page 9 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MsssDEP:
Bureau norm 5 rra Protection-Wetlands eDEP Transaction
2-1557
WPA Form 5-Order of Conditions eDEP Tmnsac[ion#:476326
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C7ty/fown°NORTH ANDOVER
G.Recording Information
This Order ofConditionsmust be recorded rude Registry of Deeds or the Land Counfor the district in which the land is located,
within the chain offitle of the affectedproperty.Inthe case ofrecardedland,the Final Order shall also be noted in theRegistys
Grentorindexwder the name of he ownerofthe land subjeclto the Order.N the case ofregistered land this Order shall also be
noted on the Land Cowl Certificate of Title of the ownerofthe land subjeci tothe Order of Condi ions The recording information on
this page shall be submitted to the Conservation Corunissarn listed below.
NORTHANDOVER
Conservation Commission
Dolt on dolled line,have stampedbytheRegistry of Deeds and submittothe Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
CaaervetionCannession
Please be advised the the Order of Conditions for the Project oc
55-70MR-LPOND 242-1557
Project Location MassDEP Fi cNumber
Has been recorded at the Registry of Deeds of
Coady Book Page
for
Property Owner
and has ban noted in the chain of fitle of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the inencro a amber identifying totstransaction is:
Instmmssa Nnalber
If registered lard,the document namber iden*ing Us tramection is:
DocmnentNamber
Signature ofApplicae Ra,VVA14
Page 10 of 10•ELECTRONIC COPY
DEP F LE#242- 1557
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
proRosals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: improvements to the common driveway and parking
areas in Riverfront Area including reclaiming,fine grading,resurfacing and
adjustment of covers and grates of existing stormwater structures. An infiltration
drain will be added along the edge of roadway. No expansion of the existing paved
areas is proposed.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Benjamin Osgood,Jr.
Pennoni Associates
100 Burtt Road,Suite 120
Andover,MA 01810
Site Plans prepared by: Pennoni Associates
Title: Drainage Improvement Plans
Dated:4/11/2012 (2 Sheets)
Signed and Stamped by: Benjamin C. Osgood,Jr. P.E.
Wetland Delineation by: As approved under DEP File#242-1519
22.The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24.Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
242-1557,Millpond 55-70&80-83 OOC 1 NACC 6/7/2012
DEP FILE#242 - 1557
prevent any alteration of wetland resource areas a Lyen five foot(251 No-
Disturbance Zone and a fifty foot (50) No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced plan.
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).
34. 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.
35.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
36. 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.
37.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1557."
39.Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
242-1557,Miltpond 55-70&80-83 OOC 3 NACC 0/7/2012
DEP FILE It 242-1557
45. 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
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
46. 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 and the Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
47. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report from the"Erosion Control Monitor" to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks
are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1" inch of rain or greater(24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure
48.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
242-1557,Milipond 55-70&80-83 OOC 5 NACC 6/72012
DEP PILE#242- 1557
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include(but
are not limited to)septic systems,additions,fences, sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
71. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1557. Future work within 100' of existing wetland
242-1557,Millpond 55-70&80-83 OOC 9 NACC 6/7/2012
DEP FILE#242- 1557
APPENDIX A-AFFIDAVIT
4 on oath do hereby depose and stere:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
Vor
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. 1 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 bas 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)
242-1557,Millpond 55-70&80-83 OOC 11 NACC 6/72012
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1519
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:
comms on ter,use
me
oompt uRobert C Atwood P E.
only the tab key Name
to move your 474 Broadway
cursor-do not Mailing Address
use the return
key. Pawtucket RI 02860
Cltyrrmn State Zip Code
�^ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Verizon
Name
July 28 2011 242-1519
Dated DEP File Number
3. The project site is located at:
Millpond Townhomes(1-120 Millpond) North Andover
Street Address Cgyrrovm
Map 95A Parcels 61-122
Assessors MaplPlat Number Paroel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
NA-Millpond Townhomes Community
Property Owner(ff different)
Essex North 12569 253
County Book Page
cedirmte
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
1019111
Data
rpaM1nNb.d..•rev.tffi311H MA Fmm 813,C.n.' to of Compliance-Pas.1 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1619
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 certfied 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:
66
C. Authorization
Issued by:
North Andover /O 89 11
conservation Commission Data of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
hftg�//www.mass.gov/dep/aboutireaion/findvour.htm).
Signature .
W9AFa Be,CMX OCa hm -Pa 2W3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1519
Pmvitled 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:--------.-----
.- ---._.-.---.-----
.---
.-.---
.-----
.-.-.-.---
.-----------.-----
.-_-.-._,-.---
------
C Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
NA-Millpond Townhomes 1-120 242-1519
Protect Locatron 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:
Dae Book
Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Dowment Number
Signature of Applkanl
wrarrmsc.d—ry 1M3M
WPq Fwm9e.CMIAub dComnumm.u...a ma
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5 -Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1,Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.r Amended OOC
3.Applicant Details
a First Name ROBERT b.Last Nene COULTER
c.Organization VERIZON
d Mailing Address 28 DIANA LANE
C.Cityfrowa DRACUT f.Stere MA g.Zip Code 01826
4.Property Owner
a First Name b.Lest Name
C.Orgenusmon
d Mailing Address
C.City(rmn f State g.Zip Cade
5.Project Location
a Street Address MILLPOND TOWNHOMES(1-20)
b.Clty/fown NORTH ANDOVER c.Zip Code 01845
d.Assessors MapPlat#95A e.PannI/Lot# 61-122
f.Latitude 42.69473N g.Longitude 71.113667W
6.Property recorded at the Registry of Deed for:
A.County b.Certificate c.Book d.Page
NORTHERN ESSEX VARIOUS VARIOUS
7.Dates
a DMNOI Filed:5/23/2011 b.Date Public Hearing Closed:727/2011 c.Data Of Issuance: 728/2011
S.Final Approved Plans and Other Documents
a.Plan Tide: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EXISTING
CONDITIONS THOMPSON
PLAN MILLPOND FARLAND BRIAN I.MURPHY,P.L.S. July 15,2011 I"--2W
TOWNHOUSES
B. Findings
Page 1 of 10'ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5-Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CMy/FOwn:NORTH ANDOVER
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presaged m the public hearing this Commission fords that the areas in which work is proposed is significant 0the following interests of
the Wetlands Promotion Act
Check all that apply:
a. F Public Water Supply b. F Lend Coam aing Sheibish c.F PreventionofPoaution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Con"I
2.Commission hereby finds the project,ns 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 orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
Geneml Condificra,and my other special conditions attached to this Order.To the eatentthat the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent these conditions shall enrmmul.
Denied because:
b.r-The proposed work cannot be conditioned to mem the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until anew Notice of Intent is submitted which provides measures which are
adequate to protect imeres s;ofthe Act and a final Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work ca the effect of the work on the interests
identified in the Wetlands Protection Act Therefore,work on this project may not go forward unless and mail a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Aa,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 Capt 10.05(6)(c).
3.r- Buffer Zone Impacts:Shorts[distance between limit ofprcjea disturbance and the wetland resource
area specified in 310CMR10.02(I)(a). a linemfect
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r-Bank
Thrust feet b.lkcear fat c.lkcem fat dAircemfeet
5.r- Bordering vegetated Worland
a square fat b.agnea fat c.square feet d.square feet
6. F Land under Watobodies and Waterways
a square fact b.square feet C.square feet d.square feet
e.Gy dredged f.dy dredged
Page 2 of 10 a ELECTRONIC COPY
U Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5-Order of Conditions eDEP Transaction 4:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Ibwn:NORTH ANDOVER
7.r BmdedngLand Subject to Flooding 850 850 850 850
a square feet b.square feet a.square feet d.square feet
Cubic Feet Flood Storage
e.orbic feet f.wbic fed g.whit fed h.cubic feel
8.r Isolated Land Subject to Flooding
a square feet b.square fat
Cubic Feet Flood Storage
a cubic feet d.cubic feet e.cubic feet f cubic feet
9.r RiverGomAm 1040 1040
a total sq.fat b.total sq.feet
Sq ftwidiin 100ft 860 860 860 860
c square feet d square feet e.square feet f.square fed
Sq ftbelween 100-200ft 180 180 180 ISO
g.square feet h square fed i.square fee[ j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
to.r Designated Port Areas Indicate a=under Land Under the Ocean below
11.r Land Underthe Ocean
a square feet b.square feet
c.ely dredged d.c/y dredged
12.r Barrier Beaches Indican size uoda Coastal Beaches sad/or Coastal Dimes below
13.r Coastal Beaches
a square fed b.square feel c.c/y nourishment d cty nouishmem
14.r Coastal Duras
a.square feet b,square fact c.c/ycounshmeta d ely nouridmeM
15.r Coastal Banks
alinearfeel b.linear feet
16.r Rocky Intertidal Shores
a square fed b.square fat
17.r Salt Marshes
a square fed b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet
c.cly dredged d Try dredged
19.r Land Confining Shellfish
Page 3 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1519
WPA Form 5-Order of Conditions eDEP Transection#:405169
LO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City Town:NORTH ANDOVER
a square fat b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,island Bank,Land Under the
20.1—Fish Runs Ocean,adsor island Land Under Waterbodia and Waterways,
above
c.cly dredged d.dy dredged
21.r Land Subject to Coastal Storm Flowage
a.squmefeet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
Ifihe project is for the purpose ofresta ing or enhancing awetland resource area in addition to the square footage that has been
entered in Section BAc&d or B.17.c&d above,please entered the additional amount here.
a square feetofBV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
Ifthe project involves Stream Crossings,please enter the number ofnew stream raossingsunumber ofreplacemerd sbemn crossings.
anumberof.stmarnerossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Fail=to comply with all conditions stated herohi,and with all related statutes and other regulatory measures,shall be deemed
muse to revoke or modify this Order.
2. The Order does nolgrant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion ofprivate rights.
3. This Order does not relieve die penance or any other person ofthe necessity ofcomplying with all other applicable federal,
state,or local statutes,ordinances,bylaws,orregulatio n.
4. The work authorized hereunder shall be completed within dime years from the date ofthis Order unless either ofthe following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion bas been extended to a specified date more than three years,but less than five
years,from the data ofeu annce.Ifthis Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended tine period are ser forth as a
special condition in this Order.
5. This Order may be extended by the issuing authorityfor one or more periods ofup to am years each upon application to the
issuing authority at least 30 days prior to the expiration date ofthe Order.
6. Ifthis Order constitutes an Amended Omer ofCondition;this Amended Order ofCondilions does not exceed the issuance
data of the original Final Order of Conditions.
7. Any fill used in connection with tidsproject shall be clean fill.Any fill shall contain no bash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wine,lath,paper,cardboard,pipe,tines,ashes,refrigerators,motor vehicles,or parts of
any ofthe forego ng.
8. This Order is not final until all admndstritive 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 a ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wetlands MmsDEPFileW942-1519
WPA Form 5-Order of Conditions cDEP Transaction q:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fownNORTHANDOVER
9. No work shall be undertaken.61 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 termed,within t o chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Regicrys Grantor Index under the time of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Tine of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Oder,which form most be stamped by the Registry of Deeds,
priorto the commencement ofwork.
10. A sign shall be displayed at the site not less then two Squarefeel or more than three square feet in sin bearing the words,
"MossachuW[s Department of Environmental Protection'
[or'MassDEP-1
File Number:"242-1519"
1l. Where the DepamnentofEnvironmental Protection is requested to issue a Superseding Order,the Conservator Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described beicirh,the applicant shot submit a Request for Certificate of Compliance(WPA Forth
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in thisorder.
14. Any change to the plans identified inCondition pl3 above shall require the application to inquire of the Conservation Cohrmiissiom
in writing whether the change is significant enoughto require the fi]ingofanew Notice oflaaa
15. The Agent or members of the Conservation Commission and the Department ofEnviromnental Protection shall have the right
enter and inspect the area subject in this Oder at reasonable hours in evaluate compliance with the conditions stated incus
Oda,and may require the submittal of any data domed necessary by the Conservation Commission or Department for that
evaluation
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any remainder or other person performing work conditioned by this Oder.
17. Prior in the start of work and if the project involves work adjacent in a Bordering Vegetated Weiland,the boundary of the
wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,Ne wetland
boundary markets shat be maintained smtil a Certificate ofComphancehas been issued by the Conservation Commission.
18. All sedimentationbarners shall bemaintained in good repair toll all disturbed areas have been fully stabilized with vegetation or
Ad means.At no time shall sediments be deposited in a wetland or water body.Daring construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately cement any erosion Problems that occur at the site and shall Wan immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork unless mother limit of work tire 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 is not(2)f subject to the Massachusetts Stormwaler Standards.
If the work is subject to Stormwater Standards,t=the project is subject to the following conditions;
a) Al work,including site preparation,land disturbance,construction and redevelopment,shall he implemented in accordance
with the construction period pollution prevention and erosion and sedimentation combat plan and,if applicable,the
Smrenvold Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit m required by Stomhwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilvaL
b) No straminmer nooffmay be discharged to the post-construction stormwater BMWs unless and until a Registered
Professional Engineer provides a Certification that:i.all consWction period BMPs have been removed in will be removed by
a date certain specified in the Certification.For my construction period BMPs intended to be converted to post construction
operation for smnnwater attenuation,recharge,and/or treahnemt,the conversion is allowed by the MassDEP Stonnwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;it.as-buihfinal consbra:tion
Page 5 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Pmvidedby MassDEP:
Bureau of Resource Protection-Wetlands MwsDEP File#:242-1519
WPA Form 5-Order of Conditions eDEP Transection#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City?own:NORTH ANDOVER
BMP plans ere included,signed and stumped by a Registered Professional Engineer,certifying the site is fair stabilin d;in.
any illicit discharges to the stormwater management system have been removed,as per the requirements ofStormwater
Standard 10;ii,all pori-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensue that they ere not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible parry(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Smmmei t("O&M Statement')for the Stormwater BMPs identifying die party msporible for
implementing the stnnnwemrBMP Operation and Maintenance Plan("O&MPlan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibilityto operate and maintain the stormwatermanagementBMPs and
implanent the StusmwarerPollution Prevention Plan.
d) Post-conswction pollution prevention and source control shall be implemented in accomance with the long-tens pollution
prevention plan section of the approved Stormwater Report and if applicable,the Stannwater Pollution Prevention Plan
required by the National PollummDischarge Elimination System Multi-Senor General Perrot
e) Unless and=fit another party accepts responsibility,the landowner,or owner of my drainage casemed,assumes
responsibility for maintaining each BMP.To overcame this presumption,the landowner of the property must submit the
issuing authority a legally binding agreement ofrecord,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as apermiuee fm
purposes of implementing the requirements ofConditions 19(f)through 19(k)with respect in that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(t)through 19(k)with respect in that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case ofsminuvater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the IDLs that will be serviced by the stomrwa er BMPs.A plan and
easement deed that giants the responsible party access to perform the required operation and maintenance most be submitted
along with the legally binding agreement
I) The responsible party shall operate and maintain all smrmwater BMPs in accordance with the design plans,the O&M Plan,
and the requirement of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the laothose(3)consecutive calendar years of inspections,repairs,
maimmmu ce and/or replacement of the srormwater management system or any pat thereof and disposal(for disposal the
log shall indicate the type of material said the disposal location);
2.Make the maintenance log available to MsunDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is incompliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) Ali sediment or other contarmarts removed from stomvw BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
Illicit discharges m the stonnwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stonnwaux management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit has defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be almred
without the prior written approval of the issuing authority.
9 Access for maintenance,repair,and/or replacenent of BMPs shall not be withheld.Any fencing commuted around
stormwater BMPs shall include access gates and shall be at least six inches above grade in allow for wildlife passage.
Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MacsDEP:
Bureau of Resource Protection-Wetlands MW$DEP File#212-1519
WPA Form 5-Order of Conditions eDEP Trmsa m#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Citylro NORTH ANDOVER
Special Conditions:
SEE ATTACHED.
Page 7 of 10•ELECTRONIC COPY
04 Massachusetts Department of Environmental Protection Provided by MassDEP:
`� Bureau of Resource Protection-Wetlands MessDEP File#:242-1519
WPA Form 5-Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission h bvfch ck one that nl' is
a. r DENIES the proposed work which cannot be conditioned to
now the standards self nth in a municipal ordinance orbylaw
spwificaOy:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intern is submitted which provides
measures which are adequam to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. me proposed ro
r posed work,subjectm the following
additional conditions
NORTH ANDOVER
1.Municipal Ordinance orB law WETLANDS
Y PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders thatall wok shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the edent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice oflntcna the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:7421519
WPA Form 5-Order of Conditions cDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
E. Signatures (]
Thus Order is valid for tree years from the date of issuance,unless otherwise specified / ��ff' _
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.DateofOrigimal Order
Order expires on the same date as the original Order of Conditions.
Please indicate the numberofinembers who will sign this form.This Order most be signed by 2Number�of5i
a majority ofthe Conservation Commission. grcc,
The Order must be mailed by certified mail(rdum receiptmqu(shd)or hand delivered to the applicant.A copy also mus[be mailed
in band delivered a the same time to the appropriate Department ofEnvironmemal Protection Regional Office,ifnMfiling
electronically,and the property owner,ifdiffermt from applicant.
Stgratures:
y hand delivery on by certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner ofland abutting the land subject to this Order,or any ten
residents ofthe city or town in which such land is located,are hereby notified oftheir right m request the appropriate MassDEP
Regional Office N issue a Superseding Order ofConditio s.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 Fee Transmittal From,as provided in
310 CMR 10.03(7)within ren business days from the date ofissoance ofthis Order.A copy ofthe request shall ar the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,ifhershe is not the appellant
Any appellants seeking to appeal the DepartrnenPs Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review ofrhis project Previous participation in the Permit proceeding means the submission ofwrluen information to
the Conservation Commission prior the close ofthe public hearing requesting a Superseding Order,or providing written information
to the Department prim in issuance of a Superseding Order.
The request shall state clearly and concisely the objections in the Order which a being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands promotion Ad(M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent it=Ike Order is based an amunicipal ordinance or bylaw,
and not on the Masmchuseas Wetlands Protection Act or regulators,the Department bas no appellalejurisdiction.
Page 9 of 10*ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MascDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1519
WPA Form 5-Order of Conditions eDEP Transaction#:405169
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or are Land Court for the district in which the hand 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 Regisays
Grantor hhdex under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
acted on the Land Cour Certificate ofTite of the owner of the Ind subject to the Order of Conditions.The recording information on
this page shall be sul nisedm the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry ofDeeds and submit to the Conservation Commission.
.........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Pleaw be advised that tie Order of Conditions forthe Project at
MILLPOND TOWNHOMES(1-20) 242-1519
Project Location MassDEPFileNumber
Has been recorded at the Registry of Deeds of.
County Book Page
for.
Property Owner
and has been noted in the chain oftitle of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
Ifrecorded W4 the iastrwicat number identifyingthis transaction is:
suMhment Number
Ifregistehed land,the document number identifying this transaction is:
Document Number
Signature of Applicant u..onoio
Page lO of 10•El. IRONIC COPY
DEP FILE#242- 1519
Findings
• On April 29, 2011, on behalf of the North Andover Conservation Commission, the
Conservation Department issued an Enforcement Order (EO) for work conducted in
violation of the Massachusetts Wetland Protection Act and the North Andover Wetland
Protection Bylaw. The EO ordered the applicant (Verizon) and the property owner
(Millpond Condominium Association) to file a Notice of Intent to properly permit the
work. The Notice of Intent filed, an assessed fine of $2,000 (to be paid), and this
subsequent Order of Conditions satisfies the requirements of the Enforcement Order.
Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: The re-routing of previously installed underground FiOS
conduit and after the fact approval of other portions of previously installed conduit.
Conduit installed in the 25' No-Disturb Zone will be abandoned and 1/2" to 1-1/4"
diameter PVC conduits will be installed in excavations of a maximum of 12-15 inches in
width and 18 to 24 inches in depth according to the herein referenced plans.All areas will
be backfilled in one day of installation and all areas will be tamped,loamed and seeded or
mulched to match existing landscape.
21.The work shall conform to the following:
Applicant: Robert Coulter
Verizon
28 Diana Lane
Dracut,MA 01826
Received: May 19,2011
NOI Prepared by: Robert Atwood
Resource Controls Associates, Inc.
474 Broadway
Pawtucket, RI 02860-1377
Site Plans prepared by: (Record Site Plan)
2424519 millpond-vaimn installation wc.doc 1 NACC 7282011
DEP FILE#242-1519
Thompson FarlandProfession Engineers/Land Surveyors
Titled: Existing Conditions Plan-Millpond Townhouses
Date:July 1, 2011 Sheets:Sheets 1-5
Revised:July 15,2011 Sheets: 1-5
Stamped&Signed by: Brian J. Murphy,P.L.S.
(Aerial Photo Plan-for Reference Only)
Resource Controls
Titled: Site Plan
Date: 05/16/2011
Revised 06/01/2011
Stamped&Signed by: Robert Charles Atwood, P.E.
Other Record Documents: Notice of Intent Addendum-Verizon
Prepared by Resource Controls
Date:July 5,2011 and July 26,2011
Letter from Division of Fisheries &Wildlife
Re: Certified Vernal Pool#771, North Andover
Date:June 30,2011
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 obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24.Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures,shall be deemed cause to revoke or modify this Order.
25.This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations,and may
require any information,measurements,photographs, observations,and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
242-1519 millpond-wriwn installation 000.doo 2 NACC 728/2011
DEP FILE#242 - 1519
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes,ordinances,by-laws or
regulations.
27.The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least
days(30)prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North
Andover Wetland Regulations).
29.The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
30.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
31. The following wetland resource areas are affected by the proposed work: Riverfront Area,
Bordering Land Subject to Flooding,Buffer Zone to Bordering Vegetated Wetland(BV W),
and Inland Bank. Reference to a Certified Vernal Pool on the site is incorrect.See letter
from Division of Fisheries and Wildlife referenced herein.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 these
resource areas to the identified interests.
32.The NACC agrees with the applicant's delineation of the wetland resource areas shown
on the site plans referenced herein.
33.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(5(Y) No-Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: temporary alteration for installation of buried conduit
adjacent to Millpond Condominium units marked#20-29 and#37116. 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 except as noted herein
242-1519 millpond-vaizm inN letion wc.doc 3 NACC 7@8/2011
DEP FILE#242- 1519
34. 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.
35. 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
36. 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.
37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land,the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
38. A sign shall be displayed at the sites not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1519."
39. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing(at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
40. It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
242-1519 millpond-verizon installation ooc.doc 4 NACC 7282011
DEP FILE#242- 1519
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including the installation of
sedimentation/erosion control devices, specific time frames for conduit installation,and
restoration of work areas to their preconstruction condition.This construction sequence
shall be updated on a monthly basis as described below in Condition#50,and shall be
completed in accordance with all best management practices as approved and referenced
herein.
42.Wetland flagging shall be checked by the applicant 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.
43.Straw wattles or trenched silt fence detailed in the Notice of Intent and addendums shall
be placed between all construction areas and wetlands. The erosion control barriers will
be properly installed and placed as shown on the plans approved and referenced herein
and shall be inspected and approved by the NACC or its agent prior to the start of
construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the direction of
the NACC or its agent. The NACC reserves the right to impose additional conditions on
portions of this project to mitigate any impacts which could result from site erosion,or
any noticeable degradation of surface water quality discharging from the site. For
example,installation of erosion control measures may be required in areas not shown on
the plan(s)referenced in this Order of Conditions. Should such installation be required
by the NACC,they shall be installed within 48 hours of the Commissions request.
44.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 30 feet of additional straw wattle or silt fence and sufficient
stakes for staking. Said wattle shall be used only for the control of emergency erosion
problems and shall not be used for the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of$500
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
2421519 millpond-verimn installation ooc.doc 5 NACC 7/2=011
DEP FILE#242-1519
completion of all conditions hereof,shall be signed by a party or parties satisfactory to the
NACC,and Town Counsel,and shall be released after completion of the project,provided
that provisions,satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
46.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. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt.
47. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report from the"Erosion Control Monitor" to the NACC certifying that,to the best of
his/her knowledge and belief based on a careful site inspection, all work is being
performed in compliance with this Order of Conditions and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition,all wetland
resource areas must be visually inspected for siltation,turbidity,and/or other water
quality impacts. The Erosion Control Monitor shall be on site during and/or following a
major storm event of 1" inch of rain or greater (24 hour event)to ensure that soils remain
stable,and erosion controls are adequate and secure.
48. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors and
other personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
242-1519 millpond-wrizon insWatim o Aoc 6 NACC 728/2011
DEP FILE#242- 1519
reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.
72 hours).
STORMWATER MANAGEMENT CONDITIONS
49.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
50. Upon beginning work,the applicant shall submit written progress reports each 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.
51.Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basins within 100 feet of the approved work.
52. No dewatering activities are proposed. D emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval,which
provides for the pumped water to be contained in a settling basin,to reduce turbidity
prior to discharge into a resource area.
53. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,
rubbish or debris, including but not limited to lumber,bricks,plaster,wire,lath,paper,
cardboard,pipe,tires, ashes,refrigerators,motor vehicles or parts on any of the
foregoing.
54. No exposed area shall remain unfinished for more than thirty(30)days,unless approved
by the NACC.
55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
56.There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line. No materials shall be stockpiled overnight within
25-feet of a resource area.
57.Washing of concrete trucks or other construction vehicles shall not occur on site.
58. 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
242.1519 millpond-veriwn installation ooc.doc 7 NACC 7/28/2011
DEP FILE#242- 1519
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.
59. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
60. 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
61. 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.
62.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
63.Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done in
accordance with the specifications outlined in the NOI. Stabilization will be considered
complete once full vegetative cover has been achieved.
64. 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.
65. 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.
242-1519 millpond-ve n inslolMon wc.doc 8 NACC 728/2011
DEP FILE#242- 1557
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.
54. Dewatering activities are not proposed as part of this project. If emergency de-
watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
55. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
lath,paper, cardboard, pipe, tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
56. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or foamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 16h of each year.Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction,any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
57. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
58. There shall be no stockpiling of soil or other materials on-site per the Notice of Intent.
Excess material shall be disposed of properly in accordance with state and local law.
59. A crushed stone berm shall be installed at the entrance to the site to prevent sediment
from washing onto Osgood Street once pavement is removed. This berm shall be
maintained until the site is stabilized.
60. All existing and proposed catch basins on the site or on the streets adjacent to the
project shall be protected by Silt Sacks or other approved method to prevent sediment
from entering the drainage system. Silt Sacks or other catch basin protection shall be
maintained and regularly cleaned of sediments until all areas associated with the work
permitted by this Order have been permanently stabilized and the NACC and/or
Conservation Department has formally approved their removal.
61.Washings from concrete trucks, or surplus concrete,shall not be directed to, any
drainage system,or wetland resource area. If truck washing is required a location for
such activity shall be approved by the Conservation Department.
62. 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
242-1557,Millpond 55-70&80-83 OOC 7 NACC 6/72012
DEP FILE#242-1519
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
It. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
66. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP#242-1519. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones)The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition#60);
➢ Prohibition of underground fuels(Condition#61);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#62).
242-1519 millpond-verizon installation ooc.doc 9 NACC 7/28/2011
DEP FILE#242- 1519
APPENDDC A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and(or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Vor
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 numba)
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#)
A
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said properly which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of pegmy this_day of 19_
(Signature-authorized agent of applicant or owner)
242-1519 millpond-verimn installation ooc.doc 10 NACC 728/2011