HomeMy WebLinkAboutCertificate of Compliance - 100 MOLLY TOWNE ROAD 8/12/2015 Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1637
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:
forma on the North Andover Realty Corporation
computer,use
only the tab key Name
to move your 21 Johnson Circle
cursor-do not Mailing Address
use the return MA 01845
key. North Andover
State Zip Code
Ciry/rown
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
North Andover Realty Corporation
r Name 242-1637
August12 2015
Dated DEP File Number
3. The project site is located at:
100 Molly Towne Road (Lot 16) North Andover
street Address Cdylrown
Map 65 Parcel 299
Assessors MaplPlat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner If different)
Essex Northern 14090 117
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent,
on:
12/1/15
Data
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1637
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this 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Conditions has lapsed and is therefore no longer valid.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:
76
C. Authorization
Issued by:
North Andover
Conservation Commission Oat of la uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regio ffice(See
h ://www.mass. m/eeala mcies/massde /aboutic t cts/find4 tmassde
renbnal-office-for-vourcitv-0 -town.htmll.
Signatures:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1637
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Providedby DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To------------------- _.----------------- _._.__._.___._.__._.________.___._.__._.___._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
100 Molly Towne Road (Lot 16) 242-1637
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicam
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1296
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:
forms on the North Andover Realty Corporation
computer,use
only the tab key Name
to move your 66 Spring Hill Road
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
Cdyrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Christina Minnicucci Chestnut Development
Name
June 22 2005 242-1296
Dated DEP File Number
3. The project site is located at
Molly Towne Road North Andover
Street Address CRyfrovm
Map 38&Map 65 Parcels 41 24, &33
Assessors MaplPlat Number ParoaMot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Emily&Lorraine Kozdms
Property Owner('dd"dferent)
Essex Northers 9631 84
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent,
on:
12/2114
Date
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form $B — Certificate of Compliance 242-1296.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certiffcetion: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced.The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
101
C. Authorization
Issued by:
North Andover Dz of i i s
Conservation Commission
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
h ilwww mass govteeatagenciestmassdeo/aboutloontactslfind-the-massdeD-
re^ionaloffice-for-vourciNor-town html).
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242.1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: ____---
—---------
_-------
_—_----------------
—_________________—__.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Molly Towne Road 242-1296
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
North Andover Realty Corporation
Property Owner
and has been noted in the chain of title of the affected property on:
Dale Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1531
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
when filing out portam: 1 This Certificate of Compliance is issued to:
W
forme on the Merrimack Colle a Go Jeff D ett
wmputer,use Name
only the tab key
to move your 315 Turnpike Street
cursor-do not Meiling Address 01845
use the return MA
key. North Andover gW zip Code
Cnyrrown
JI.. II 2, This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Merrimack College clo Jeff Do Jett
Name 242-1531
ua 10
February 2012 DEP File Number
Dated
3. The project site is located at:
315 Turnpike Street _ North Andover
Street Address ChYRown
Ma 25 Parcel 67
Assessors Map/Plat Number ParaeVLol Number
the final Order of Condition was recorded at the Registry of Deeds for:
property Owner
('rf different Doc#
Essex Northern 106076 p>ree
Counry
Certificate
4. A site inspection was made in the presence of the applicant, or the applicants agent,
on:
12/16/14
Date
WPA rm 86,CMiAc t as
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ElMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fila Number:
WPA Form 8B — Certificate of Compliance 242-1531
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this 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:
85
C. Authorization
Issued by: _
North Andover
Conservation Commission
-- — — _ -- Din.of suanm
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
httllwww mass eovlee laoencieslmassde2labouVcontactsfAnd-the-massdeo-
re ional-of iim-for-your-city-or-town htmh.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1531
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
North Andover -
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
315 Turnpike Street 242-1531
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Merrimack College -
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpehmBb.doe•rev.S 9114 WPA Form 8B,Cenfieeve N canpllenw-Pye]N3
Massachusetts Department of Environmental Protection Provided by MasDEP:
ice- Bureell of Resource Protection-Wetlands MessDEP sacci:24/1637
\'}`� 708550
WPA Form 5-Order of Conditions eDEPoaurcN RTon#:ANDD
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'ownNORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a F DOC b.r- Amended OCC
3.Applicant Details
&First Name CHARLES b.LastName CARROLL
C.Orgartuadva NORTH ANDOVER REALTY CORP.
d.Mailing Address 66 SPRING HILL ROAD
e.City/fown NORTH ANDOVER f State MA g.Zip Code 01845
4.Property Owner
a FirANmne CHARLES b.Last Name CARROLL
C.Orgenimoon NORTH ANDOVER REALTY CORP.
d.Mailing Address 66 SPRANG HILL ROAD
e.Cay/fown NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
&Street Address IW MOLLY TOWNE ROAD
b.Cdy/ronm NORTHANDOVER c.Zip Code 01845
d.Assessors MapPlat#65 e.Parcel/Lool 299
I Latitude 42.66387N g.Longitude 7L08222W
6.Properly recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 9631 118
7.Dates
a Data NOl Filed: 11/19/2014 b.Date Public Hearing Closed: 12/17/2014 c.Daze Of Issuance: 12/18/2014
S.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: e.Plan Signed/Stomped by: d.Revised Final Date: e.Seale:
SITE PLAN FOR
NOTICE OF PHILIP G.CHRISTIANSEN,
INTENT FOR 100 CHRISTIANSEN& P.E.AND MICHAEL I.SERGI,12/162014 I—W
MOLLY TOWNE SERGI,INC. PLS
ROAD
Page I of 9-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MasseDEP Transaction
Faction :-1637
708550
0
WPA Form 5-Order of Conditions eDEPowrcN RT q:ANDO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'ownNOR17i ANDOVER
c.dy dredged f c/y dredged
7.r Bordering Land Subject to Flooding
a square feet b.square feet C.square feet d.square feet
Cubic Feet Flood Storage
e.cubioldt f.cubic feet g.cubic fed h.cubic feet
8.r Isolated Land subjectto Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d cubic feet c.cubic feet f cubic fee[
9.r RiverfrodArea
a total u1.feet b.tohel sq.feet
Sq it within 100 ft
c.square feet d square feet e.square feet f square feet
Sq it between 100-200 It
gsquarefeet h.square feet i.square fee[ j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated PmtArcas Indicate size under Land Underthe Ocean,below
11.r Land Under the Ocean
a square feet b.squaw fee[
c.cly dredged d.cly dredged
12.r Banialleaches Indicate size ander Coastal Beaches and/or Coastal Danes below
13.r Coastal Beaches
a.square feet b.square feet c dy noudshosent d cty nourishment
14.r Coastal Dines
a square fee[ b.square feet c.r/ynourishment d dy nourishment
15.r Coastal Banks
a linear fee[ b.linear feet
16.r Rocky Intertidal Shores
a.square fee[ b.square feet
17.r salt Marshes
a square fee[ b.square feet e.square The d.square feet
Ig.r Land Under Salt Ponds
a square feet b.square feet
c.cly dredged d.cly dredged
Page 3 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided M MassDEP:
LO
Bureau of Resource Protection-Wetlands Masa)EP File#212-1637
cDE708550
WPA Form 5-Order of Conditions Cayi ownNORTction p:ANDO City/1'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
rot all proceedings before the Department have been completed.
9. No work shall be untdaken until the Order has become final and than has been recorded in the Registry of Deeds or the Land
Cour 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 welt 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 steal be submitted
in the Conservation Commission on the font at the and 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 not less than two square feet or more than three square feet in size bearing the words,
Massachusetts Department of Environmental Protection"
[or'MassDEP"l
File Number."242-1637"
Il. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be aparry 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 Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced Itis order.
14. Any change to the pis identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing wleterthe change is significam enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the rights
imer and inspect the area subject in this Order at reasonable hours in evaluate compliance with the conditions stated in this
Order,and may require the submittal ofm y data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply an any successor in interest or successmr in normal of the property subjects this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of wok and if the project involves work adjacent In a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maimained until aCertificate of Compliance has been issued by the Conservation Commission
18. All sedimentation barriers shall be maintained in good repay until all disturbed areas have been fully stabilised with vegetation or
other names.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant in higher
designee shall inspect the erosion controls on a deity basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur in the she and shall also 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 of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r isnut(2)F subject to the Massachusetts Ssrmwmer Standards.
If the work is subject in Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land dissrbance,constwtion and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stm orm ater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Constriction General
Penni as required by Stamtwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilised
b) No stormwater numffmay be discharged sthe post-construction stomrwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction periodBMPs trended to be converted to post construction
operation for stmrmwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Page 5 of 9-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP Ffle#:242-1637
WPA Form 5-Order of Conditions eDEPTmns :
City/fown:NORTHORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.a. 131,§40
0
stormwater BMPs shall include access gates and shall be at least sic inches above grade to allow for wildlife passage.
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r- No
2. The Conscryation Commission hereby(check one that applies):
a. r- DENIES Ne proposed work which cannot be conditioned to
meet the standards set forth to amuniapal ordinarrce or bylaw
specifically:
1.Munidpal Ordinance or Bylaw 2.Citation
Therefor;work m this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet Nese standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance a bylaw:
b. F APPROVES the proposed work,subject to the following
additional conditions.
NORTHANDOVER
1.Municipal Ordinance a Bylaw WETLANDS
2.Citation CHAPTER 178
PROTBYLAW
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 Nat the following conditions modify a differ from the plans,specifications,a order
proposals submitted with the Notice of Intent the conditions shall control
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 7 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MacsDEPFile#:242-1637
ANDOVER
U
WPA Form 5-Order of Conditions eDEP Transection#:
City/fown:NORTH AANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in winch the land is located,
within the chain of We of the alfa:ted property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index order the name of the owner of the land subject to the Order.N 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 the Order ofConditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stooped by the Registry ofDeeds and submit to the Conservation Commission.
...................................................................................................................................................................--............................
.......
To:
NORTHANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
loo MOLLY TOWNE ROAD 242-1637
Project location MassDEPFileNumber
Has been recorded a the Registry of Deeds of.
Conray Book page
for
property,Owner CHARLES CARROLL
and has been noted in the chain of tide of she affected property in:
Book Page
N accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
heirument Number
If registered land,the documera number idenfifying this transection is:
DoaunentNi nber
r.ahnoho
Signature of Applicant
Page 9 of 9"ELECTRONIC COPY
DEP FILE 9 242-1637
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23.The conditions of this decision shall apply to,and be binding upon,the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24.Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations,and may require any information,measurements,photographs,
observations,and/or materials,or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes,ordinances,by-laws
or regulations.
27. This Order supersedes DEP File#242-1296 for the construction of Lot 16.
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 tlur
days (30) urior to the exRiraflon 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.
31.Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
242-1637,100 Molly Towne OOC Special Conditions 2 NACC 12/182014
DEP FILE#242-1637
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 2424637."
41. Any other 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 dated and detailed sequence of construction,including the installation of
erosion control,clearing,foundation installation,house construction,planting and
final stabilization.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s)throughout the 1&e 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
242-1637,100 Molly Towne OOC Special Conditions 4 NACC 12/18@014
DEP FILE N 242-1637
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. 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.
50. 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 photos 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.
51. Prior to the start of home construction,a stone wall will be installed up-gradient of the
25-foot No-Disturbance Zone as shown on the herein referenced plans.
52.Where not already in place,the applicant shall permanently mark the edge of the No-
Disturbance Zone or stone wall (once installed) on all delineated wetlands with signs
or markers spaced evenly every 30 feet incorporating the following text: "Protected
Wetland Resource Area' and the associated rules (1 square for every 3 round
markers). The markers may be mounted to existing vegetation or the stone wall.These
markers will designate the sensitivity of the resource area 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).
53. 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
242-1637,loo Molly Towne OOC Special Conditions 6 NACC 12/18/2014
DEP FILE#242-1637
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
59. Upon beginning work,the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#50 above)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.
60. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). 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.
61.Crushed stone shall be installed at the construction access for the project to minimize
sediment tracking onto Summer Street.This entrance shall be reinforced as necessary.
Paved areas shall be swept daily to remove sediment deposited by construction
vehicles accessing then site.
62. 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.
63. 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 1st of each year.Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction,any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
64. 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.
65. There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.
66. Washings from concrete trucks,or surplus concrete, shall not be directed to,any
drainage system,or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
242-1637, 100 Molly Towne DOC Special Conditions 8 NACC 12/182014
DEP FILE#242-1637
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(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 stornawater 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.
76. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ A 25 No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot as
242-1637,100 Molly Towne OOC Special Conditions 10 NACC 12/18/2014
DEP FILE#242-1637
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 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. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions ,
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_
(Signature-authorized agent of applicant or owner)
242-1637,100 Molly Towne OOC Special Conditions 12 NACC 17/18/2014
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1636
WPA Form 5-Order of Conditions eDEP Transaction#:708544
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rou n:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a P DEC b.r' Amended DOC
3.Applicant Details
a First Name CHARLES b.Lan Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP.
d Mailing Address 66 SPRING HILL ROAD
e.Cdy/fo" NORTHANDOVER £State MA g.Zip Code 01845
4.Property Owner
a.FhstName CHARLES b.Last Name CARROLL
a Organization NORTH ANDOVER REALTY CORP.
d Mailing Address 66 SPRING HILL ROAD
e.City/foven NORTH ANDOVER Estate MA g.Zip Code 01845
5.Project Location
&Street Address 90 MOLLY TOWNE ROAD
b.Cay/ro. NORTHANDOVER c.Zip Code 01845
d.Assessors MapPlat# 65 e.Parcel/Lod 298
EL tirade 42.6642N g.Longaude 71.08319W
6.Property recorded at the Registry of Deed for:
a.County It.Certificate c.Book d.Page
NORTHERN ESSEX 9631 118
7.Dates
a Data NOl Filed: 11/192014 b.Daze Public Hewing Closed: 12/3/2014 c.Date Of Issuance: 12/182014
8.Fmel Approved Plans and Other Documents
a.Plan Tide: b.Plan Prepared by: c.Plan Signed/Saamped by: d.Revised Final Date: e.Scale:
SITE PLAN FOR
NOTICE OF CHRISTIANSEN& PHILIP G.CHRISTIANSEN,
INTENT FOR 90 SERGI,INC. P.E. 12/3/2014 1-2O
MOLLY TOWNE
ROAD
Page 1 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP Faction 2-1636
aDE708544
WPA Form 5-Order of Conditions Cdy Transaction q:ANDO
LJ City?ovm:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-refeenciaedNotice of Intent and based on the information provided in this application and
presented athe public hearing this Commission finds flirt.areas in which work is proposal is significant to die following in[aests of
the Wetlands Protection Act
Check all that apply:
a r Public Water Supply b. r Lard Corhquting Shellfish c.r Prevention of Pollution
it. r Private Water Supply a r Fisheries f r Protection of Wildlife Habitat
g. r Ground Water Supply h. r Smrm Damage Prevention i. r Flood Control
2.Commission hereby fords the project,as proposed,is
Approved subjectio:
a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders the all work shall be performed in accordance with the Notice of Inter referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the ester awl the following conditions modify or
differ from the plans,specifications,or otter proposals submitted with the Notice of Intent,these conditions shall central.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulators.Therefore,
work on this project may not go forward unless and udl a new Notice of Intend is submitted which provides measures which are
adequate in protect interests of the Act and a furl Order of Conditions is issued A description of the performance standards
which the proposed work cannot meet is attached M this Order.
a r The information submitted by the applicant is not sufficient to describe the site,the work or 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 until arevisedNonce of
Inter is submitted which pmvides sufficient infomution and includes measures which are adequate to protect the interests ofthe
Act,and a foul Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.17 Buffer Zone lmpacts:Shortest distance between limit of project disturbance and the wetland resource 35
area specified in 31OCMR10.02(Ixa). a Ifnearfed
Inland Resource Area Impacb:(For Approvals Ory):
Resotuce Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r-Bank
a 1'vterfca almrarfear alinrar feel dlmnrfeet
5.r Bordering Vegetated Welland
a square feet b.square feet c.square feet d.square fear
6. r Land under Waterbodies and Waterways
a.square fear b.square feet c.sgwefeet dsquam feet
Page 2 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection PtuvidcdMMassOEP:
Bureau of Resource Protection-Wetlands MaasDEP File#:242.1636
cDE708544
LO WPA Form 5-Order of Conditions Cay/ owTranNORT#:ANDD
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/I'own:NOR77l ANDOVER
e dydredged Ldy dredged
7.r BordeftLand Subject to Flooding
a square feet I.square feet c.square feet d square fret
Cubic Fee[Flood Storage
e.cubic fee[ E cubic feet g,cubic fee[ It.cubic feet
B.F- Land Subject w Flooding
a square feat b.sq..Joel
Cubic Feet Flood Storage
c cubic fed d.cubic fed e.cubic feel feubic fat
9.f-Riverffonl Area
a toed sq.fcet b.total sq.fat
Sq ft within 100 ft
c.square feet d square feet e.square feet f.square fed
Sq R between 100.200 ft
g.square feet h.squrefeet i.square fed j.square feet
Cound Resource Am Impaeb:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.f-DesignatedPWAreu Indicates@ under Land Under the Ocean,below
11.f-Land Under the Ocean
a square feet b.square feet
a cly dredged d Gy dredged
12.f-lkrtierBeaches More,s=under Coastal Bacha and/or Coastal Dans below
13.f-Coastal Beaches
a ulnare feet b.square fed c.Gy nourishment d.Gyrrurisbment
14.f-Coastal Domes
a xprrt fat b.square feet adymuishmmtddyaraebomt
15.r-Coastal Banks
a linearfed b.Imerfret
16.f-Roily Intertidal Shores
a uprre fed I.square fat
17.r Salt Manhes
a square feet b.square fat c.square fed d.square feet
18.r land Uoder Sall Ponds
a spire fed b.square feet
Q dy fledged d dy&edged
Page 3 of 9+ELECTRONIC COPY
Massachusetts Department of ERVIrOnmeatal Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1636
eDEP Transaction#:709544
WPA Form 5-Order of Conditions
U1 City/1'own:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
19.r-Land Cantonal;Shellfish
a.square feet b.square feet c.square feet d.square feel
Indicate sift under Coastal Banks,Wand Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.dy dredged d.dy dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of manning or enhancing awedand resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c At d above,please entered the additional amount here.
a square fee[ofBV W b.square feet of Salt Marsh
23.
r-Streams CmOing(s)
If the project involves Stream Crossings,please enterthe numberof new amen crossings/number ofreplaceme rt strrarn crossings.
a mmnber of new stream crossings b.number ofreplacementstreamcrossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failuse to comply with all conditions stated herein,and with all related stamtes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights many exclusive privileges;it does not authorize any injury m private property or
invasion of private rights
3. This Order does not relieve the pennons,or any Weer person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the(We ofthis Order unless either of the following
apply:
a the work is amaintenance dredging project as provided far in the Act;or
b.the time for completion has been extended a specified daze more than Luce years,but less than five
years,from the data of issuance.If this Order is intended to be valid for more Own three years,the
amnion dote and the special circumstances warranting the extended time period are ad forth as a
special condition in this Order.
5. Ibis Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at lead 30 days prim tothe expiration date of the Order.
6. Iftds Order consbums an Amended Order ofCors itioao,this Amended Order of Conditions does not exceed the issuance
daze of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain an hash,mfuse,rubbish,m debris,including
but net limited to lumbo,bricks,Plaster,wire,lath,paper,cardbomd,pipe,tires,ashes,refrigerators,a"vehiclm or pars,of
any of the foregoing.
S. This Order is not final until all administrative appeal periods from this Order have elapsed,m if such an appeal bas bom Wilma,
Page 4 of 9-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MasDEP:
Bureau of Resource Protection-Wetlands rvi EP Transaction
File ion#:7 636
09544
WPA Form 5-Order of Conditions eDEP Tmrsmtion#:7NDO
0
City/I'own1VORTHAthDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
until all proceedings before the Department have been complc(c&
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Lend
Court for the district in which the land's located,within the chain Of tide of the affected Property.In the ease of recorded land
the Fuad Order sbefl also be noted in the Registry's Gunner index under the name of the owner of the land upon which the
proposed work is to be done.In the care of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title oflhe owner of the land upon which the poposed work is done.The recording information shall be submitted
e the Conservation Commission on the to.at the end of this Order,which form mus[be stamped by the Registry of Deeds,
prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or mom than Have square feel in at=bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1636"
11. Where the Department of Environmental Protection is requestrdto issue a Superseding Order,the Conservation Commission
shall be aparty 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 Fond
8A)a the Conservation Commission
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change tote plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change n sip fica rtenough ro require the filing of a new Notice of Intent
15. The Agent or members of the Conservation Commission and to Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hour to evaluate compliance with the conditions stated in&a
Order,and may require the submittal of my data deemed necessary by the Conservation Commission or Department far that
evaluation.
16. This Order of Conditions shall apply to my successor in interest or successor in control of the property subject to this Order and
to my commuted or other person performing work conditioned by this Order.
17. Prior to the strut of work and if die project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until aCeni icam ofCompliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall bemaintained in good repair until all dishuhdarea,have been fully stabilized with vegetation or
Othermeazs.At no time shall sediments be deposited in awedand a water body.During concoction,the applicant or his/her
designee shall inspect the erosion controls an adaily basis and shall remove accumulated sediments as needed.The applicant
shall munedimelycannot my emsimproblems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the rigid to reqube additional erosion and/or damage p prevention controls it may deem necessary.
Sedimentation barriers sbal serve as the limit of work unless another limit of work line bas been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The wank associated with this Order(the"Project")is(1) F ismt(2)F subject to the Massachusetts Sermw=Standards.
If the work is subject w Stormwata Standards,awn the project is subject to the following conditions,
a) All work including site preparation,land dishubanc,construction and redevelopment,shall be implemented N accordance
with the construction period pollution prevention and erosion and sedimentation conduct plan and,if applicable,the
Stomrwata Pollution Prevention Plan required by ere National Pollutant Discharge Elimination System Constructor,General
Permit as required by Stmmwater Standard 8.Concoction period erosion,sedimentation and pollution control measures and
best management practices,(BMPs)shall remain in place until the ate is fully stabilized,
b) No demawater mooff may be discharged to the post-conetmetmsamovane,BMPs unless and mal aRegisrered
Professional Engineer provides aCtri frcanon that:i.all concoction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For my concoction periodTIMPs intended To be converted a Post construction
operation for s,nnwam summation,recharge, ,d1mtreahnent the conversion is allowed by the MassDEP Stormwater
Page 5 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MwsDEP:
Bureau of Resource Protection-Wetlands a)EP File M:242-1636
eDEP T
WPA Form 5-Order of Conditions eDEP Transaction#:708544
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ciry/fown:NORTHANDOVER
HmdbookBMP specifications and that the BMP has been property cleaned or prepared for post censanction operation,
including renovat ofall cons ruction period sediment trapped m i det ami oudetcontrol mucrones;ii.as-bulkfinal carnmction
BMPplans are included,signed andstrmped by a Registered Professional Engineer,certilying the site is fully stabilized;in
any illicit discharges tothe samrwater management system have beenremoved,as per the requirements of Smmhwater
Standard 10;ivall post-amshuction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible far BMP maintenance until the issuing authority is ratified dig another party has legally assumed
responsibility for BMP maintenance.Nor to requesting a Certificate of Compliance,u Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing augomy an Operation and
Maintenance Compliance Statement("O&M Statement")for the StormwaterBMPs identifying One parry responsible for
implementing the gmarawater BMP Operation it Maintenance Plot(-'O&M Platt)a t certfying the following:i.)the O&M
Plan is complete and will be implemented upon receiptofthe Certificate of Compliance,and ii.)the frame responsible panties
shall be notified in writing ofthev ongoing legal responsibility to operate and maintain the ssamwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source comial shall be implemented in accordance with the long-term pollution
prevention plan section ofthe approved Summwater,Report and,if applicable,the StormwaterPollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property most submit in de
ics ming authority a legally binding agreementofrttord,acceptable to One issuing authority,evidencing flit seedier entity has
accepted responsibility for maintaining the BMP,and Oat the proposed responsible parry shall be treated as apemnitlee far
purposes of implementing the re tairernents of Conditions 19(o through 19(k)with respect to tial BMP.Any fail=ofthe
proposed responsible party in implement the requirements of Conditions 19(t)through 19(k)with respect to that BMP shall
be a violation ofthe Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs Oat are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by Ore s[ormwater BMPs.A plan and
easement deed Oat goods the responsible party access to Perlman the required operation and maintenance most be submitted
along with the legally binding agreement
fi The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans the O&M Plan,
and the requirements ofthe Massachusetts Stormwater Handbook
g) The responsible party,shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years ofinspections,repairs,
maintenance and/or replacement ofthe gramwater management system or any part thereof,and disposal(for disposal One
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available in MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensue
dot the responsible party is in compliance with the requrements for each BMP established in the O&M Plan approved by
theissuinganhaity.
IQ All sediment or other contaminants removed from stmmwater BMPs shall be disposed of in accordance with all applicable
federal,stale,and local laws and regulations.
Illicit discharges orthe stmnnwate management system as defined in 310 CMR 10.04 ore prohibited
j) The grarawmer management system approved in the Order of Conditions shall not be changed without the prior written
approval of Oe issuing authority.
k) Areas designated as qualifying pervious arm for the purpose ofthe Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval ofthe issuing mffioarty.
4 Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed around
Page 6 of 9 w ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1636
WPA Form 5-Order of Conditions eDEP Transaction#:
City/1'ownNOATH ANDD ANDOV ER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
stormwaterBMPS shall include access gates and shall beat least six inches above gredeto allow for wildlife passage.
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Corromillajon bereby(check one that applies)
a r DENIES the proposed work which cannot be conditioned to
meet the standards setfonh m a municipal ordinance mbylaw
specifically:
1.Municipal Ordinance crBylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notke of Intent is submitted which provides
measures which are adequate to meet these standards,and afoal Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance a bylaw:
b. F APPROVES the proposed work,subject to the following
additional conditions.
NORTHANDOVER
1.Municipal Ordinance or Bylaw WETLANDPROTECTION
2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall beperformed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify a differ fium the plans,specifications,or odrer
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 7 of 9•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Pmtecdon-Wetlands MassDEP File 4:242-1636
cDEL I
WPA Form 5-Order of Conditions Cdy own N RTion ANI)4
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
E. Signatures !al ' t l
This Order is valid for does years from the data ofisuance unless otherwise specified 7
pursummt to Ground Condition 44.Ifthis is an Amended Order of Conditions,the Amended I.Date of Original Order
Order aspires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers
a majority of tire m
e Conservation Comission.
The Order most be mailed by certified mail(octum receipt requested)or livered to icsnt.A copy also must he mailed
M hand delivered at the some time anthe appropriate Department of Envi a onal Office,if not filing
electronically,and the property owner,ffdiffnum from applicant 1
Signatories:
r by hand delivery on I by certified mail,return receipt requested,on
eat//01
Date Date
F. Appeals
The applicant are owner,any person aggrieved by this Order,any owner of land aborting the land subject to this Order or airy ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request most be made by certified mail or hand delivery to the
Department with the appropriate filing he and a completed Request for Departrnental Action Fee Transmittal Four,as provided in
310 CMR 10.03('7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant
Any appellant seeking to appeal the Depauniem's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project Previous participation in the permit proceeding means the submission of writer information to
the Conservation Commission prior to the close of the public hearing requesting a Superseding Order a providing written adoration
to the Department prior an issuance of Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachuseos Wetlands Protection Act(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad orrogulmions,the Department has no appellate jurisdiction.
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U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bateau of Resource Protection-Wetlands - MassDEFile#2421636
WPA Form 5 -Order of Conditions eDEP Transaction N:708644
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cby/fown:NORTHANDOVER
G. Recording Information
36is Order of Conditions mast be recorded in the Registry of Deeds orthe Land Coun for the district in which the land is located,
within the chain oftide of the affectedpropeny.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index ander the inane ofthe owner of the land subjectto the Order.In the case of registered land this Order shall also be
noted on the Land Coun Certificate of Tide of the owner of the land subject to the Order of Conditions The recording infonmtion on
this page shell be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach an dosed line,have stamped by the Registry of Deeds and submit to the ConservationConmissian.
...-.....................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
90 MOLLY TOWNE ROAD 242-1636
PmjectLocation MassDEP File Number
Has been recorded 9the Registry of Deeds of.
County Book Page
Join.
Property Owner CHARLESCARROLL
and has been noted in the chain of title of the affected property in:
Book Page
N accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying thisvarearbon is:
hrshtrment Number
Ifregistered land,the discussed another identifying this transaction is:
Document Number
Signature of Applicant ar.mrzo�o
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DEP FILE#242-1636
Therefore,the North Andover Conservation Commission(hereafter the"NACU')hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: construction of a single family home,porch,deck,
walkway, driveway,drywell and associated grading and utilities within the 100-foot
Buffer Zone to Bordering Vegetated Wetland (BW.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant: Charles Carroll
North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Representative: Steven Enksen
Norse Environmental Services, Inc.
92 Middlesex Road,Unit 4
Tyngsboro,MA 01879
Documents: Notice of Intent Application
Dated: November 2014
Received November 18,2014
Site Plans prepared by: Christiansen &Sergi, Inc.
160 Summer Street
Haverhill,MA 01830
Titled:Site Plan for Notice of Intent
Date:October 15,2014
Revised: 12/3/2014
Signed and Stamped by Philip G. Christiansen, P.E.
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.
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23.The conditions of this decision shall apply to, and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations,and may require any information,measurements,photographs,
observations,and/or materials,or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26.This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws
or regulations.
27.This Order supersedes DEP File#242-1296 for the construction of Lot 15A.
28. A revised plan noting the construction detail for the drainage easement will be
submitted to the Conservation Department prior to the start of construction.This will
become the new record plan.This will satisfy Condition 40B of DEP File #242-1296.
29.The work authorized hereunder shall be completed within three years from the date of
this order.
30.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) orior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
31.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.
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32.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.
33. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
34.The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland(BV W). This resource area is significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
35. The NACC agrees with the applicant's delineation of the BV W(WF 151-155 connect to
WF 70-68) as shown on the plans dated referenced herein.
36.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(501 No-Construction Zone shall be established from
the edge of BV W.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).
37.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.
38.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. 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
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39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
40. 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. hl 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.
41. 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 242-1636."
42. Any other 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.
43. 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.
44. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a dated and detailed sequence of construction,including the installation of
erosion control,clearing,foundation installation,house construction, planting and
final stabilization.
45. 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
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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.
46. A 12-inch minimum silt sock(biodegradable,no plastic netting)or other erosion
control approved by the Conservation Department shall be placed between all
construction areas and resource areas as shown on the herein referenced plan. The
erosion control barrier will be properly installed 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.
47.Catch basins within 100' of the project will be protected with silt sacks during
construction.
48.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of twenty-five additional feet of silt sock (or an equivalent
amount of silt fence). Said erosion controls shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
49. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel, and shall be released after
completion of the project, provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
50.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
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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. 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.
51. 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 photos 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.
52. Where not already in place, the applicant shall permanently mark the edge of the No-
Disturbance Zone or stone wall on all delineated wetlands with signs or markers
spaced evenly every 30 feet incorporating the following text: "Protected Wetland
Resource Area'and the associated rules (1 square for every 3 round markers).The
markers may be mounted to existing vegetation or the stone wall. These markers will
designate the sensitivity of the resource area 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).
53.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.
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54,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 monitor 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 pemutted work are fully aware of
the permit's terms and conditions. Thereafter,the contractor will be held jointly liable
for any violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
55.The property will have a 500-gallon drywell for roof run-off installed per the detail on
the approved plans referenced herein.This drywell shall remain in perpetuity and be
maintained as needed.
56.Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
57.The applicants,owners,and their successors and assignees, shall maintain,in
perpetuity,all culverts,collections basins, traps,outlet structures,infiltration
structures,and other elements of the drainage system,in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
58. IMPORTANT: Immediately upon completion of the dwelling foundation,and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional land Surveyor of the Commonwealth
(R.P.L.S.)which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
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59. Upon beginning work,the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#50 above) 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.
60. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). 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.
61.Crushed stone shall be installed at the construction access for the project to minimize
sediment tracking onto Summer Street. This entrance shall be reinforced as necessary.
Paved areas shall be swept daily to remove sediment deposited by construction
vehicles accessing then site.
62. 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.
63.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 l81 of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction,any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
64. 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.
65.There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.
66.Washings from concrete trucks, or surplus concrete,shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
67. 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
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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.
68. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
69. 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 MMJ
70. 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.
71.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
type (<5%),phosphorous free 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 survive the issuance of a Certificate of Compliance.
72. There shall be no dumping of leaves, grass clippings,brush,or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
73. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
learning and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
74. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
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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.
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.
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 1U disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76.The following special conditions shall survive the issuance of a Certificate of
Compliance(COC)for this project:
➢ A 25' No-Disturbance Zone and a 50' No-Build Zone shall be established
from the edge of adjacent wetland resource areas on lot 15A as approved
under DEP#242-1636. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (See Section 3.4
of the Regulations for performance standards within these zones). The
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Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw;
➢ Resource Area Markers (Condition#52);
➢ Roof drywell (Condition#55);
➢ Discharge or spillage of pollutants (Condition#69);
➢ Prohibition of underground fuels(Condition#70);
➢ Limitations on the use of fertilizers,herbicides,and pesticides(Conditions
#71);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#72).
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APPENDD(A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant andjor current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ Iam the of
(position with applicant) (applicant name car company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC rnonber)
the North Andover Conservation Commission
Wor
2._ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
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 lies been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of-19-
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_
(Signature-authorized agent of applicant or owner)
242-1636,90 Molly Towne OOC Special Conditions 12 NACC 12/18/2014
Print Form
TOW ;�E FEIVED
CL RK'S OFFIfY
~_ n
1013 JAN -3 PH 2: 20
. . •"r TOWN OF
NORTH ANDOVER
PLANNING DEPARTMENT MASSACHUSETTS
Community Development Division
Form A - Application for APPROVAL NOT REQUIRED
DATE: //3 110!3
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does
not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant:North Andover Realty Corp.
Address:66 Spring Hill Road, North Andover, MA 01845
2. Location and Description of Property Include Assessor's Map and Lot and Zoning District(s)I:
Molly Towne Road, Lots 12, 13 14 and 15 reconfigured to Lots 12A, 13A, and 15A. Lot 4
an a imma e ,
sessor Map 65,Lots 295-298
3. Deed Reference: Book 9631 Pagel 18
or Certificate of Title:
4. Name of Surveyor:Christiansen&Sergi, Inc.
Address: 160 Summer Street, Haverhill, MA 01830
Signature of Owner(s): O
Address:66 Spring Hill Road, North Andover, MA 01845
Page I of 2
1600 Osgood Street,North Andover,81dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.iownofnorthandover.com
Edited 8/1/07
Please indicate the grounds(either A, B, C or D,not a combination)on which you believe your plan not to be a
subdivision.
IEA Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk certifies is maintained&used as a public way,or
XX c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan15123 ,or
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
❑B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot,or
b)labeled'Not A Building LoV.
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
❑D. The plan shows an existing parcel with no new lot divisions)and has frontage on a way described above.
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law, and the appropriate endorsement has been made upon the same.
o �
2. The North Andover Planning Board has determined that said plan shows a subdivision,aSc(onedbby—y
G.L.c.41, s.B1I and must, therefore, be resubmitted for approval under the Subdivision C�j*l LaZ ''�u
Very truly yours, sA= m �m
North An over Planning Board C:sno
My = p0
_rm _
Dat
Page 2 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnarthandovercmm
Edited 8/107
Prin[Form
RECEIVED
T01'.R,' ri ,
*° 2013 JAN -3 P
a TOWN Oh
NORTH ANDOVER
MASSACHUSETTS
PLANNING DEPARTMENT
community Development Division
Form A - Application for APPROVAL NOT REQUIRED
DATE:
Bring three application fors to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does
not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant:North Andover Realty Corp.
Address:66 Spring Hill Road, North Andover,MA 01845
2. Location and Description of Property[include Assessor's Map and LM and toningg District(s)]:
Molly Towne Road,Lots 12, 13 14 and 15 reconfigured to Lots 12A, 13A,and 15A. Lot l4
is a aminate ,
Assessor ap o s
3. Deed Reference. Book 8631 Pagel 18
or Certificate of Tide:
4. Name of Surveyor.Christiansen&Sergi Inc
Address: 160 Summer Street,Haverhill,MA 01830
Signature of Own A t,w , Q
Address:66 Spring Hill Road North Andover MA 01845
Page I of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 918,68a.9535 Fax 978.688.9542 Web www.towoofnarthoodgwer.com
Edited 81I107
Please indicate the grounds(either A, B,C or D,not a combination)on which you believe your plan not to be a
subdivision.
A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk certifies is maintained&used as a public way,or
1C( c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book P1an15123 ,or
d)away in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adaption of the Subdivision Control Law.
❑B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot, or
b)labeled"Not A Building Lot".
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above.
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law,and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41, s.B1-L and must,therefore,be resubmitted for approval under the Subdivision Control Law.
Very truly yours,
North Andover Planning Board
By:
Date:
Page 2 of 2
1600 0 sgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.fowqofnerthandoyer.com
Edited 8,1107
Massachusetts Department of Environmental Protection
Bureau of Resource Protectipp-Wetlands DEP File Number:
WPA Form 8B — CenrMicate of Compliance we or,
242-1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providetl by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms an the
computer,use Allyson Rega-SKIM Title and Closing Services PC
only the tab key Name
to move your 619 Washington Street
cursor-do not
use the return Mailing Address
key. South Easton MA 02375
cilyrrown State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Christina Minicucci Chestnut Development LLC
F
Name
June 22,2005 242-1296
Dated DEP Fib Number
3. The project site is located at:
Molly Towne Road North Andover
Street Address City?own
Map 38 &Map 65 Parcels 41 24&33
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Christina Minicucci Chestnut Development LLC
Property Owner(if different)
Essex Northern 9631 84
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
6/11/2014
Date
wpdmfttloc.,ar.i}/1 W AFm ee,CMIfi®ro Wcw Ilan-Pssel M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetnds TF ile Number
Kt/ COG
El WPA Form8B — Certificate of Compliance zaz-lzss
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 pnvitled-by DEP
B. Certification
Check all that apply:
❑ Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
® Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
PCOC for 7 Abby Lane(Lot 1)only.
❑ 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:
101
C. Authorization
Issued by:
North AndoverIi t�
Conservation Commission Date of Iss ante
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http,//www mass gov/deptabout/regiori firidyour htm).
Signatures:
cJ
Npd �fiIX,tr.1�3�9 WPAFpm89,cw,fifa dcompllanPage293
Massachusetts Department of Environmental Protection
Bureau of Resource ProtecT�pn -Wetlands DEP File Number:
WPA Form 8B — Cer�cate of Compliance 242-1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: ---- _ -----
.---
.---------
._._._._._._.
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
7 Abby Lane (Lot 1) 242-1296
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for.
Property Omer
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
xMM1mPD.Eoc•rev.4Q8O WPA F—80,Cetlifra�e of C—,,.awe-P,e 3 ora