HomeMy WebLinkAboutMiscellaneous - 180 MILL ROAD \ Massachusetts Department of Enviroomeotal Protection Provided by MassDEP:
h^ Bureau of Resource Protection-Wetlands MassDEP File#:242-1668
WPA Form 5-Order of Conditions eDEP Transaction#791780
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 Cdyfrown:NORTH ANDOVER
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Page 3 of 9•ELECTRONIC COPY
0. Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau ofResouree Protection-Wetlands MassDEP File#242-1668
WPA Form 5-Order of Conditions eDEP Transaction#:791780
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/1'own:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site net less then two squarefeet or more than three square feet in sin bearing the words,
"Massachusetts Department ofFnv rommental Protection"
[or'M—DEP"]
File Number:"212-1668"
Il. Where the Department of Environmental Protection is requested 0 issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Forth
8A)0the Conservation Commission.
13. The work shall conform to the plans and special condition referenced in this order.
14. Any change in the plans identified in Condition#13 above shall require the applicant in inquire of the Conservation Commission
in writing whether the change is significant enough in require the filing of newbiotics of Intent
15. The Agent or members of the Conservation Commission end the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal ofm y data deemed necessary by the Conservation Commission or Deportment far 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
W any contractor or other person performing work conditioned by this Order.
IT Prior to the start ofwork,and ifthe pmject involves work adjacent a Bordering Vegetated Welland,the boundary of the
wetland in the vicinity ofihe proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Co arc fission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in awedi nd or water body.During construction,the applicant or his4ner
designee shall inspect the erosion controls on adady basis and shall remove accumulated sediments as needed.The applicant
shall immediately control my erasion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right in require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwork unless another limit ofwark lire 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)r subject to the Massachusetts Stormwater Standards.
Ifthe work is subject In Smrtnwater Standards,then the project is subject to the following conditions;
a) All wads,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,ifapplicable,the
Stormwater Pollution Prevention Plan required by the National Pollu simtDischarge Elimination System Construction General
Permit as required by Stonnwmer Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stortnwmerrmoffmay be discharged to the post-construction stormwater BMPs unless and until a Registered
Pmfessioml EngineerprovidesaCmtkficafimdh :iall constructionperiod BMPs have been removed or will be removed by
a date certain specified in the Certification For any consmection period BMPs intended w be convered In post construction
operation for stornwafer mtenumion,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwamr
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal ofall construction period sediment rapped in told and oudm control structures;ft.as-built final construction
BMP plate are included,signed and stamped by a Registered Professional Engineer,certifying the site is fidly stabilized;iii
any i licit discharges to the stormwater management system have been removed,as per the requirements ofStornwahr
Page 5 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File N:242-1668
L, I
WPA Form 5 -Order of Conditions eDEP Transactiong:791780
Massachusetts Wetlands Protection Act M.G L. a13 1,§40 Cityfrown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r- Yes r- No
2. The Conservation Commission herehy(check one that applies).
a. r DEMES the proposed work winch cannot be conditioned to
meet the standards not forth in a municipal ordinance or bylaw
Why.
1.Municipal Ordinance or Bylaw 2.Citation
The efnne,work on this projectmay not go forward unless and un it a revised Notice oflntart is submitted whichprovides
measures which are adequate to meet these standards,and stand d Order or Conditions is issued.Which are necessary m
comply widiamunicipal ordinance or bylaw
b. F APPROVES the proposed work,subject 0 the following
additional conditions.
1.Municipal Ordinance NORTH ANDOVERWETLANDSor Bylaw WETLANDS BYLAW 2.Citation CHAPTER 178
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEP ATTACHED
Page 7 of 9*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1668
L,
WPA Form 5-Order of Conditions eDEP Transaction 4:791780
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTH ANDOVER
G. Recording Information
Tbis Order ofCorditions mustbe recorded in the Regisuy of Deeds or the Land Cant forthe district in whichthe lard is located,
within the chain of tide of the affected properly.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject 0 the Order ofConditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTHANDOVER
Conservation Commission
Detach an dotted lure,have stamped by the Registry of Deeds and submitter the Conservation Commission
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
180 MILL ROAD 242-1668
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of.
Canty Book Page
fa
Property Owner RICHARD&HOLLYGOLDMAN
and has been noted in the chain of tide of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded lard,the instrument number identifying this transaction is:
huvumentNumber
Ifregi ncred land,the documcutnumber identifying this transaction is:
Document Number
Signature of Applicant x...avzoro
Page 9 of 9•ELECTRONIC COPY
DEP FILE#242-1668
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.This Order is issued in addition to an Order issued under DEP File#242-368. That
Order received a Certificate of Compliance on February 13,1991.
25. 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.
26.This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials,or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
27.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.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. 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 thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
30. 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.
2421668,Mill Road 180 OOC 2 NACC 12/32015
DEP FILE#242-1668
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case -
of recorded land, the Final Order shall also be noted in the Registry�s Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1668."
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant).Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
42. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including installation of
sedimentation/erosion control devices,excavation,construction and
revegetation/stabilization.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
242-1668,Mill Road 180 OOC 4 NACC 12/3/2015
DEP FILE 4 242-1668
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.
49. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photographs 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 1/2" inch of rain or greater(24 hour event)to
ensure that soils remain stable, and erosion controls are adequate and secure
50. Prior to construction,the applicant shall permanently mark the 25-foot No-
Disturbance Zone or the edge of the existing tree line with signs spaced every 30 feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules(3 rounds for every 1 square). This will designate their sensitivity and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers are available from the Conservation
Department($2 round and $3 square).
51.The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit' attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
52.Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor, erosion control monitor and the applicant to ensure that all of the
242-1668,Mill Road 180 OOC 6 NACC 12/3/2015
DEP FILE#242-1668
58. 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.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November lal 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.
60. 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.
61. There shall be no stockpiling of soil or other materials within fifty (50)feet of any
resource area. All stockpiled material shall be stored within the proposed erosion
controls shown on the herein referenced plans. Excess material shall be disposed of
properly in accordance with state and local law.
62. Construction access shall be over the existing driveway. Paved areas shall be swept
daily to remove sediment deposited by construction vehicles accessing then site.
63. 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.
64. 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.
65. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
66. 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
242-1668,Mill Road 180 OOC 8 NACC 12/312015
DEP FILE#242-1668
above,and as conditioned by the Commission. All discrepancies from the reference
documents shall be detailed in the statement.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(P.E.) (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 then 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.
73.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
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9242-1668
WPA Form 5 -Order of Conditions cDEP Truaaction
9:791780
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Pown:NORTH ANDOVER
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1668
WPA Form 5 -Order of Conditions eDEP Transaction#391790
Ll
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown NORTH ANDOVER
A. General Information
I. Conservation Commission NORTHANDOVER
2. Issuance a. r OOC b.r Amended DOC
3.Applicant Details
a.First Name RICHARD&HOLLY b.Last Name GOLDMAN
c.Organvation
d.Mailing Address 180 MILL ROAD
e.Cityfrovm NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name RICHARD&HOLLY b.Last Name GOLDMAN
c.Organization
d.MailingAddress 180 MILL ROAD
e.City/1'own NORTH ANDOVER f State MA g.Zip Code 01845
5.Project Location
a.Sbect Address 180 MILL ROAD
b.City(rown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 107C e.Parcel/Lol# 1
I Latitude 42.65744N g.Longitude 71.098804W
6.Property recorded at the Registry of Deed for:
A.County It.Certificate c.Book d.Page
NORTHERN ESSEX 4427 242
7-Dates
a.Date NOI Filed: 11/5/2015 b.Date Public Hearing Closed: 1222015 c.Data Of Iasuarice'. 12/3/2015
8.Final Approved Plans and Other Documents
s.Plan Tide: b.Pban Prepared by: c Plan Signed/Stamped by: d.Revised Final Date: e.Seale:
PLOT PLAN OF SULLLIVAN
LAND 180 MILL INGINEERING JOHN D.SULLIVAN III,P.E. Oct.27,2015 1"--2D
ROAD GROUP,LLC
B. Findings
1.Fmdings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 9 e ELECTRONIC COPY
DEP FILE#242-1668
APPENDIX A-AFFIDAVIT
1, 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 m NACC nwnber)
the North Andover Conservation Commission.
Br/m
2._ I am the of
(posftim with owrar) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
A
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 20_
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 20_
(Signature-authorized agent of applicant or owner)
242-1668,Mill Road 180 OOC 12 NACC 12/32015