HomeMy WebLinkAboutMiscellaneous - 109 NUTMEG LANE N Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 242-1561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer,use Bob Gorman
only the tab key Name
tumor-yourCur109 Nutmeg Lane
use theor-do not
use the return Meiling Address;
key-
eyNorth Andover MA 01845
/'�
CM/roem State Zip Code
2.
m This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Bob Gorman
a Name
July 26 2012 242-1561
Dated DEP File Number
3. The project site is located at:
109 Nutmeg Lane North Andover
Street Address City/Town
Map 38 Parcel 291
Assessors Map/Plat Number ParwVLot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Proparry Owner(if tliRerent)
Essex North 13059 27
County 6aolk Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/21/13
Date
Weln6l.b�c•m.12230a WPAFw 8e,CWre NComp�wm-Papel o13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 242-1561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F; idedby 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 follovdng 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Conditions has lapsed and is therefore no longer valid.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:
74
C. Authorization
Issued by:
North Andover LO gir
conservation Commission Dale of 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
htfixI/www.mass. ov/de /a ut/re ion/find ouch m).
Z
�res�: � q�
xyelme5'bx 'iN2109 NPN Farm Be,Cemdoere of Cwrpllamm•Page 2M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ProvdeebyDEP
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:
109 Nutmeg Lane 242-1561
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Bob Gorman
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:
DocumenC Number
Signature of Applicant
wpahmBD.tloc aev.4rz3ro3 wA Fmm 88,Cenlficels d Compliance•Pa 3of3
Massachusetts Department of Environmental Protection Provided by MascDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1561
U1 WPA Form 5-Order of Conditions eeDEP Transaction
r nNORTH4889645ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F DOC b.F' Amended DOC
3.Applicant Details
a First Name BOB b.Last Name GORMAN
c.Organ aturn
d.Mailing Address 109 NUTMEG LANE
e.City/rovn NORTHANDOVER fStale MA g.Zip Code 01845
4.Property Owner
a.First Name BOB b.Last Name GORMAN
c.Orgard alion
d.Mailing Address 109 NUTMEG LANE
e.City/Ibwn NORTHANDOVER £State MA g.Zip Code 01845
5.Project Location
a.Stred Address 109 NUNIEC LANE
b.City/fown NORTH ANDOVER C.Zip Code 01845
d.Assessors MapPlatk 38 e.Parcel LoO 291
f.Latitude 42.67107N g.Longitude 71.09288W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 8870 236
7.Dates
a.Date NOl Filed: 7/3/2012 b.Date Public Hearing Closed: 7/25/2012 c.Date Of Issuance:7/162012
8.17inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: e.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
NOTICE OF MARCHIONDA& PAUL A.MARCHIONDA,
INTENT EXISTING ASSOCIATES,L.P. P.E. 628/12 1"20'
CONDITIONS
Page 1 of 10•ELECTRONIC COPY
Massachusetts Department otEnvironmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MmDEPFile#:242-1561
WPA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTH ANDOVER
NOTICE OF
INTENT MARCHIONDA& PAUL A.MARCHIONDA, 7/18/12 1"=20'
DEVELOPED ASSOCIATES,L.P. P.E.
CONDITIONS
B. Findings
1.Findhtgs pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice oflntent and based on the information provided in this application and
presented at the public hearing,Us Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Ad.
Check all that apply:
a. r Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution
d. r Private Water Supply e. r Fisheries f r Protection of Wildlife Habitat
g. r Ground Water Supply h r Storm Damage Prevention i. (T Flood Central
2.Commission hereby finds thepnJect,as proposed,is:
Approved subject W:
a.17 The following conditions which are necessary in accordance with the performance standards set forth inthewellands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referauced above,the following
General Conditions,and my other special conditions auachedto this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
I.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this projcat may cast go forward unleas and until a new Notice of Intent is submitted which provides measures which me
adequate to protect interests ofthe Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient W 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 a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate W protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it Is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone lmpacts:Shortestdistance between limit of project disturbance and the wedand resource 30
mea specified in 310CMR10.02(I)(a). a linear fed
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rnank
a.linem feet b.linemfed almemfed (Ilinew feet
5.r Bordering Vegetated Wetland
Page 2 of 10 a ELECTRONIC COPY
LOMassachasetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1561
WPA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fawn:NORTH ANDOVER
a square feet b.square feet c.square feet d.square feet
6. rLandunder waterbodiesand Waterways
a.square feet b.square feet c.square feet d.square feet
e.Gy dredged f.cly dredged
7.FBordering Land Subject an Flooding
a.square feel b.square feet c.square feet d.square fee
Cubic Feet Flood Storage
e.cubicfed £cubic fed g.cubic feet h.cubic feet
8.r Isolated Land Subject b Flooding
a.squaw feet b.square feet
Cubic Fee Flood Storage
a cubic feet d cubic fee e.cubic fax f cubic feet
9.r Riverfinnt Area
a.total sq.feet b.total sq.fee[
Sq it within 100 R
a.square fee d.square feet e.square feet f.square feet
Sq it between 100-200 it
g.square feet h.square fee[ i.square feel j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated PortAreas Indicate sire under-Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c✓y dredged d.ay dredged
12.r Ranier Beaches Incficate sive under Coastal Beaches andror Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.Gy nourishment d.&y nourishment
14.r Coastal Dunes
a square fed b.square fee a dyramishment d cty ncao aba er�t
15.r Coastal Banks
a71r fed b.linearfeet
16.r Rocky Inu;rtidal Shores
e.square fed b.squarefeet
17.r Salt Marshes
TN--fed b.square fed c.square fed d.square feet
Page 3 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by M.DEP:
Bureau of Resource Protection-Wetlands MessDEP File#:242-1561
WPA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
18.r Land Under Salt Ponds
a.squarefeex b.squarefed
c.dy dredged d.4 ddredged
19.r Lard Containing Shellfish
a.square feet b.square feet a square feet d.square feet
Indicate size under Coastal Bm,,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
a,Gy dredged d.dy dredged
21.r Land Subject to Coastal Storm Flowage
a.square fed b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose Of restating or enhancing a legend resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a square feet ofBV W b.square fed of Salt Marsh
23.
r Streams Crossing(s)
lithe project involves Stremn Crossings,please enter the number of new stream aossingslu mbar ofrepleeecum streamremains,
anumberofnewstreamcrossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does net grant any property rights or my exclusive privileges;it does not authorize any injury to private property or
invasion of private rights
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicablefederal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within dues years firm the date ofthis Order unless either of the following
apply:
a the work is a maintenance dredging project as provided for in the Ad;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended in be valid for more than three years,the
extension date and the special ciremnstances warranting the extended time period are set forth as a
special condition in ads Order.
5. This Order may be extended by the issuing authority far one mature periods of up to three years each upon application m the
issuing authority d least 30 days prior to the expiration date of the Order.
6. Ifthis Order constitutes an Amended Order ofConditions,Nis Amended Order ofConditionsdoes not eseced the issuance
date of the original Final Order of Conditions.
Page 4 of 10+ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1561
WPA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Crry/rown:NORTH ANDOVER
7. Any fill used in connection with thisprojecl shall be clean fill.Any fill shall contain an bash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or pans of
any of the foregoing.
8. This Order is not final until all administrative appeal periodsfrom this Order have elapsed,or if such an appeal has been taken,
and[all pmccedings before the Department have been completed.
9. No work shall be undertaken until the Order has became final and Men has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain offi0e of the affected property.In the caseofraurded land,
the Final Order shall also be acted 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 ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate ofTille ofthe owner of the land upon which the proposed work is done.The recording infomration shall be submitted
to the Conservation Commission on the form at the end of this Order,which form most be stamped by the Registry of Deeds,
prior to the commencernent of work..
10. Asig "I he displayed athe site not less Men two square feel or more than dome square feet in size bearing the words,
"Massachusetts Department ofEnvhonmemal Protection"
[or'MmsDEP"]
File Number:"242-1561"
11. Where the Department ofFnvimnmental Protection is requested 0 issue a Superseding Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion ofthe work described herein,the applicant shall submit a Request for Cerlifirate ofCampliance(WPA Forth
8A)to the Conservation Commission.
13. The work shall canfomr to the plans and special conditions referenced in Urs order.
14. Any change 0 the plans identified in Condition 413 above shall require the applicant to inquire ofthe Conservation Commission
in writing whether the change is sig ifiontenough to require Me filing ofa new Notice of Intent
15. The Agent or members ofthe Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable boors to evaluate compliance with the conditions stated in this
Order,and may require the submittal ofany,data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to my successor in interest or successor in control oftlre property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. PrWan the start ofwork,and if the project involves work adjacent to a Bordering Vegetated Welland,the boundary ofthe
wedand in the vicinity ofthe proposed work area shall be marred by wooden stakes or flagging.Once in place,the wedand
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriesshall be maintained in good repay until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems Matoccur a the site 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 ofwork unless another limit ofwork line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(Me"Projear)is(1) r isnot(2)F subject to the Massachusetts Storm m rStandards.
Ifthe work is subjecL 10 Stonnwater Standards,then the project is subject an the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
Storrawater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stonowater Standard 8.Construction proud erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
Page 5 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1561
WPA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Crty/fown:NORTH ANDOVER
b) Nostormwater mnoffmay bedischarged m the post-cammuction stmmwater BMPs unless and unfil 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 my construction period BMPs intended to be converted to post construction
operation for stoumwater anmuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stomrwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal ofaa construction period sediment trapped in inlet and outlet control structures;a.as-built final construction
BMP plans are included,signed and stamped by a Registered Professtional Engineer,certifying the site is fully stabilized;int
any illicit discharges m the stomuwater management system have been removed,as per the requirements of Smrmwater
Standard 10;ih,all post-construction stomovater 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 as in
proper working condition;v,any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible fer
implementing the stonnwaurBMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receiptofthe Certificate of Compliance,and ii.)the future responsible parties
shell be notified in writing oftheir ongoing legal responsibility to operate and maintain the slormwater management BMPs and
implement the Stomnwater Pollution Prevention Plan.
d) Post-construction pollution Prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section ofthe approved Stonnwater Repon and,ifapplicable,the Slonnwater Pollution Prevention Plan
requimdby the National Pollutant Discharge Elimination System Multi-Sector Crenaal Permit
e) Unless and until another party accepts responsibility,the landowner,or owner ofany drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner ofthe property must submit to the
issuing authority a legally binding agreementofrecord,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permitter for
purposes of implementing the requirements ofCondifions 19(f)through 19(k)with respect to that HMP.Any failure ofthe
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be aviolation ofthe Order of Conditions or Certificate of Compliance.In the case,ofslomawater BMPs that ere serving more
than ane lot,the legally binding agreement shall also identify the lots that will be serviced by the slmmwater BMPs.A plan and
easement dcedthat grants the responsible party access to perform the required operation and maintenance must be submitted
along with t he legally bindingagreanmt
Q The responsible party shall operate and maintain all starnwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements ofthe Massachusetts StonnwaterHandbook.
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 stomnwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type ofmaterial and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents ofthe MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each JIMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or otinercontamviarts removedfmmn stormwaterlIMPs shall be disposed ofin accordance with all applicable
federal,state,and local laws and regulations.
) illicit discharges to the stomnwmer management system as defined in 310 CMR 10.04 are prohibited
j) The stonnwater management system approved in the Oyler ofConditiore shall not be changed without the prior written
approval ofthe issuing authority.
Page 6 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP FBe#:242-1561
WPA Form 5-Order of Conditions eDEP Trensaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityAbwn:NORTH ANDOVER
k) Areas designated as qualifying pervious aressforthe purpose of the Low Impact Site Design Credit(a defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prim written approval ofthe issuing authority.
I) Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow forwildlife passage.
Special Conditions:
SEEATTACHED.
Page 7 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#242-1561
MTA Form 5-Order of Conditions eDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Powa NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commi io hereby! h�shatt practical,
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set ford[in a municipal ordinance or bylaw
speciffically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. APPROVES the
F proposed work,subject to the following
additional conditions
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice oflnteny the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED.
Page 8 of 10 w ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by ManDEP:
Bureau of Resource Protection-Wetlands MaWDEP File 4212-1561
MTA Form 5-Order of Conditions eDEP Transaction 4:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Foom NORTH ANDOVER
E. Signatures —1-96 - 1.2
j ] /fO /�2
This Order is valid forthrecyears from the data of issuance,unless otherwise specified / —�/ -
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date 10 at Order
Orderexpim on the same date as the original Order ofCondidons.
Please inditatethcnumle ofinembers who will sign this form.This Order must be signed by 2Numbefgi
amajorityofthe Conservation Commission. rogners
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time 0 the appropriate Department ofEnvironmental Protection Regional Office,ifnot filing
electronically,and the property owner,if different from applicant
Signa u
ud
r by hand delivery on ruby certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to Ws Order,or any ten
resident 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 must be made by cea%fied mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Tmnsnitfal Form,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 appellants seeking to appeal the Departnems Superseding Order associated with this appeal will be requhed 0 demonstrate prior
participation in(he review of this pojed previous participation in the permit proceeding means the submission of written information 0
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written infomration
to the Department prior to issuance of Superseding Order.
The request shall state clearly and concisely the objections m the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection pct(M.G.L.c.131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and Out on the Massachusetts Wetlands Protection Ad or regulations,the Department has no appellatejurlsdiction.
Page 9 of 10•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MacsDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1561
WPA Form 5-Order of Conditions cDEP Transaction#:489645
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Citygbwn:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be 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 dw name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subjaxto the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTHANDOVER
Conscvances Commission
Detach on dotted line,have stamped by the Registry ofDeeds and subnhto the Conservation Commission.
..................................................................................-......................................................................................-..............................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at
109 NUTMEG LANE 242-1561
Project Location MassDEP FileNumber
Has been recorded at the Registry of Deeds of
County Book Page
far.
Property Owner BOB GORMAN
and has been noted in the chain of title of the affected property in;
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying thistrareaction is:
InstrwnentNumber
ifregistered land,the document number identifying this transaction is:
Document Number
SignatureofApplicant Re..urnom
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242-1561
Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby finds
that the following conditions are necessary,in accordance with the Performance Standards set
forth in the State Regulations,the local ByLaw and Regulations,to protect those interests
noted above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the followine
conditions modify or differ from the plans specifications or other proposals submitted with
the Notice of Intent. the conditions shall control.
GENERAL CONDITIONS
20.The proposed work includes: The construction of an in-ground pool,pool deck,cabana,
brick patio,walkway and fencing with appurtenant site work (including underground
utilities) and grading portions of which are within 100 feet of an Ephemeral Pool,
Ephemeral Pool Habitat and Bordering Vegetated Wetland(BV W). Restoration of a
portion of the 50' No-Disturbance Zone to an Ephemeral Pool is also proposed.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Paul Marchionda
Marchionda&Associates, L.P.
62 Montvale Avenue
Stoneham,MA 02180
Property Owner: Bob Gorman
109 Nutmeg Lane
North Andover,MA 01845
Site Plans prepared by: Marchionda Associates,L.P
Title: Notice of Intent Existing Conditions
Dated: 6/28/12
Title: Developed Conditions
Date:6/28/12 and Last Revised: 7/18/12
Signed and Stamped by: Paul A. Marchionda,PE
Wetland Delineation by: Steven Eriksen
Date:5/23/12
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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32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland and Ephemeral Pool/Ephemeral Pool Habitat. These
resource areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas(WF-
1A through WF-20A)and the associated buffer zone on the site as shown on the plans
dated and referenced herein.
34.The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a fifty-foot(50') No-Disturbance Zone and a
seven -five foot(75') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except for the construction, of a pool,patio and cabana
as shown on the herein referenced plan. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No additional disturbance of existing grade,soils or vegetation
is permitted in the No-Disturbance zone.
35.The NACC finds the applicant's proposal for restoration/planting of a portion of the
50-foot No-Disturbance Zone and the placement of a fence marking the new No-
Disturbance Zone,as shown on the herein referenced Plan,to be adequate.
36.This document shall be included in all construction contracts,subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. 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
38.No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39.This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which
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shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion,or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s)referenced in this Order of Conditions. Should such installation be required by
the NACC,they shall be installed within 48 hours of the Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 8 additional hay bales and stakes for staking. Extra erosion
controls shall be used only for the control of emergency erosion problems and shall not
be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$1,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and
the NACC,and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on
the 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.
48. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site, during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes and the Environmental
Professional will immediately notify the Conservation agent of any matter that requires
attention by the Commission or the agent. The erosion control monitor will be required
to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
49. At least once during each week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photographs from the"Erosion Control Monitor' to the NACC certifying
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compliance with this Order. A reasonable period of time shall be provided as notice of
the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
53. There shall be no changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
54. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
55. Upon beginning work,the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#49 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.
56. Dewatering activities are not anticipated as part of the proposed project. 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. 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.
57. 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.
58. 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
until climate conditions allow for seeding.During construction,any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch
hay or other means approved by the NACC.
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shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
68. Backwashing shall be done to through the backwash pipe under the pool deck as shown
on the herein referenced plan. Draining of pool water is not permitted directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover
Wetland Bylaw.This condition shall survive the issuance of a Certificate of Compliance.
69.There shall be no dumping of leaves,grass clippings,brush,or other debris into a
wetland resource areas or the 50-foot No-Disturb Zone. This condition shall remain in
perpetuity.
70.Prior to the issuance of a Certificate of Compliance,the applicant shall collect and
submit documentation to the Natural Heritage and Endangered Species Program
(NHESP)seeking certification of the potential vernal pool located on the property and
identified during site inspections.
71. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. 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.
73. 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.
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(and/or Registered Professional Land Surveyor)of the
Commonwealth,for the public record. This plan will include:
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APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
242-1561,109 Nutmeg Lane OOC I I NACC 72612012