HomeMy WebLinkAboutMiscellaneous - 95 OLYMPIC LANE a ,
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 813 — Certificate of Compliance 2421566
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
computer,use Michelle Venninski
only the tab key Name
to move your 95 Olympic Lane
cursor-do not XMailing Addressthe return
l/�1��� North Andover MA 01845
IC I Cityr-own State Zip Cade
W
r 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Michelle Verminski
F
Name
October 4, 2012 242-1566
Dated DEP File Number
3. The project site is located at:
95 Olympic Lane North Andover
Street Address cily/rown
Map 106B Parcel 138
Assesson:Map/Plat Number Parogglfi Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex Northern 13158 148
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/7/15
Date
xyelnrRO.tlec•rev.5 4 MA Fang e&Catapele or compliance.Page 1 of3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 86 — Certificate of Compliance 242-1566
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Conditions has lapsed and is therefore no longer valid.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 fling 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:
71
C. Authorization
Issued by: t
North Andover I 0 5
Conservation Commission Date of lesuanm
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
htto://www.mass.gov/eea/a encies/massde /aboutfwntacts/find-the-massde -
r Tonal-office-for- ou i -o town m1).
Signat as: A �/
nadm8d doe-rev.W9114 WPA Fo"86,cenuda a oonwhande•Peae 2 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number'
WPA Form 8B — Certificate of Compliance 242-1566
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:
95 Olympic Lane 242-1566
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
Michelle Verminski
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
vyehm9,.Ea rev.Welt N AFo,m 86,G,lifi W&C—piia i •Pie3 d3
Massachusetts Department of Environmental Protection Pmvidedby MMDEP:
Bureau of Resource Protection-Wetlands MacsDEP File M:242-1566
WPA Form 5-Order of Conditions eDFs Transaction a:
510028 0 City/I'own:NORTHANDORNDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
A. General Information
1.Conservation Commission NORTHANDOVER
2.Issuance a. P OOC b.r- Amended OOC
3.Applicant Details
a First Name MICHELLE b.Last Name VERMINSKI
C.Otgammoon
d Mailing Address 95 OLYMPIC LANE
e.CayTown NORTH ANDOVER Estate MA g.Zip Code 01845
4.Property Owner
a.Fust Name MICHELLE b.lastName VERMINSKI
C.Organiamon
d.Mailing Address 95 OLYMPIC LANE
C.Chy/fowo NORTH ANDOVER Estate MA g.Zip Code 01845
5.Project Location
&Street Address 95 OLYMPIC LANE
b.City/rown NORTH ANDOVER c.Zip Cade 01845
d.Assessors Map/Plat# 1068 e.ParcelUt# 33A
f Ladtude 42.64197N g.Longitude 71.05201W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERNESSEX 10653 155
7.Dates
a Dane NOl Filed:8/27/2012 b.Dane Public Hearing Closed:9/26/2012 c.DaROflssuance: 10/42012
8.Final Approved Plans and Other Documents
a.Plan Title:' b.Plan Prepared by: e.Plan Signed/Stamped by: d.Revised Final Date: e.Scale.
PROPOSED ATLAS LAND TODD P.CHAPIN,PLS 9202012 1"-20
ADDITION SURVEYING,INC.
B. Findings
l.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10 1 ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau of Resource Protection-Wetlands aDEP EPFTransaca #?A2-1566
DEP ction#:510028
0
WPA Form 5-Order of Conditions cityirown:NORTtt ANDOVER
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40
Fellowingtherevkw,off.the above-referenced Notice oflntmtand based anthe inrarramin provided in this application and
preseand 9the public hearing,flits Commission finds thatthe areas in which work is Proposed is signifeammthe following interestsof
the Wetlands Protection Act
Cbeckallthatapply:
a. F Public Water Supply b. r Lend Ommimilg Shellfish e Prevention of Pollution
d. F Private Water SupPlY e. F Fisheries f F Protection of Wildlife Habitat
g. F Gmcnd Water S-pPIY h F Smnn Damage Prevention I F Flood Conaol
2.Commission hereby finds the project,es Proposed.is:
Approved subjectto:
a.F The following conditions which are necessary in accordance with the performance standards act fodh in the wetlands regulations.
This Commission orders that all work shall be Performed in accordance with the Notice offound mlica ked above,the following
General Conditions,and my other special conditions aaached to this Order.To the estdu and the following conditions modify Or
differ from the plans,specifications,Or other proposals sumanued with the Notice of man,these conditions shall cunaol.
Denied become:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wet andregulations.Therefore,
work on this project may not go forward unless and until anew Notice of Intent is submitted which provides measures which are
adequate to protect intrests of the Act,and afinal 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 applicam is net sutficimtto describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Ad.Therefore,work on this project may ret go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the ingress ofthe
Ad,and a foal 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 F Buffer Zone Impacts:Shonest distance between limit ofprojed disturbance and the wetland science 2
ares specked in 310CMR10.02(I)(a). a linear feet
Inland Resource Area bnpacfs:(FmApprovals Only):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. F-Bank
alkearfed b.lhearfeet c.lkear reef d.lireanfed
S.r Bordering vegetated Welland
a square fed b.Ngunre feet a square feet d.squat feet
6. r Land order Waterbodies and Waterways
a square feet b.square kat c.square feet d.square feet
e.dY dredged f.dy dredged
7.r Bordering Land Subject in Flooding
a.square feet b.square fee[ c.square feet d square feet
Page 2 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1566
L I
MTA Form 5-Order of Conditions eDEP Transaction#:510028
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityRown NORTH ANDOVER
Cubic Fat Flood Storage
e.cubic feet f cubic feet g.cubic feet h.cubic feel
8.r Isolated Lard]Subject to Flooding
a square feet b.square fat
Cubic Feet Flood Storage
Q cubic fed d.cubic feet C.cubic fat f cubic feet
9.r RivcrfrodAm
a total sq.feet b.total sq.fat
Sq ftwiNtin 100 it
a.square fat d.square feel e.square feet f.square feet
Sq it between 100-200 ft
g.square feet I.square feet i.square feet j.square fed
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Pon Areas indicate sin under Lend Under the Ocean,below
11.r Land Under the Octan
a square feet b.square feet
c.dy dredged d cly dredged
12.r Barrer Reaches largest,sin under Cuasrel Beaches and/or Coastal Dunes below
13.r Curate!Beaches
a square fed b.square feet c.oy nowislunent d dynowishmeat
14.r Coastal Dunes
a square fat b.square feet c.dy nourishtnera d dy nowishmerd
15.r Coastal Banks
a linear feet b.linear feel
16.r Rocky Intertidal Shores
a square feet b.square feel
17.r Salt Marshes
a square fed b.square fed c.square fee d.square feet
Ig.r' Land Under Salt Ponds
a.square feet b.square get
c.dy dredged d dy dredged
19.r Land Contaxong Shellfish
a.square feet b.square fat c.square feet d squarefed
Page 3 of 10'ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassOEP:
Bureau of Resource Protection-Wetlands MsasDEPF9e4:242-1566
WPA Form 5-Order of Conditions eDEP Transection#:510028
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cuy/fown:NORTH ANDOVER
Indicate size under Coastal Banks,Wand Bank,Land Under the
20.f FishRws Ocean,and/or inland Land Under Warabodies and Waterways,
above
a Gy dredged d.dy dredged
21.r Land Subject to Coastal Starm Flowage
a square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&it or B.1 7x&it above,please entered the additional amount here.
a square feet of BV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream CrosamA please enter the number of new stream crossings/number ofreplacement stream crossings.
a numberofnew stream crossings b.number ofmplacement sitcom 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 not giant any property rights or any exclusive privileges;it does not authorize any injury b private property or
invasion of private rights.
3. This Order does not relieve the permittee many other person ofthe necessity ofoomplying with all other applicable federal,
nate,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date oft his Order mien either of the following
apply:
a the work is amairaenance dredging project as provided for in the An;or
b.the time for completion has been extended to aspeeified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special cinuunsmrkes warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authorityfor one or more periods of up to tlueeyears each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order ofConditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this pmject shell be clean fill.Any fill shall contain no fish,refuse,rubbish,or debrisincluclmg
bat not limited to lumber,bricks,plaster,wine,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or pans of
any of the foregoing.
S. This Order is not find until all administrative appeal periods from this Order have elapsed,or if such anappeal has been taken,
until all proceedings before the Department have been completed
9. No work shill be undertaken until the Order has became final and then has been recorded in the Registry of Deeds or the Land
Court fa the distrix in which the lend is located,within the chain of title of the affected property.In the case ofrecarded land,
Page 4 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided M MassDEP:
Bureau of Resource protection-Wetlands MaseDEP Transaction
ion#:51566
10028
L1
WPA Form 5-Order of Conditions Cdy/ my nNORT N:ANDO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City?own:NORTH ANDOVER
the Final Order shell also be noted in the Registry's Grantor Index under the name of the owner ofthe land upon which the
proposed work is to be done.N the case ofthe registered land,the Final Order shall also be noted on the Land Court
Certificate ofTdle ofthe owner ofthe land upon which the proposed work is done.The recording infomation shall be mbmiaed
to the Conservation Commission on the form m the end ofthis Order,which form most be stamped by the Registry of Deeds,
Prior to the commencement ofwork..
10. A sign shall be displayed mthe site not less then two square fed or more than three square feet in size bearing the words,
"Massachusems Department of Environmental Protection"
[or'MassDEP"]
File Number:"M2-1566"
Il. Where the Department ofEnviromnental Protection is requested to 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 ofCompliance(WPATom
SA)to the Conservation Commission.
13. The wok shall conform to the plans and special conditions referenced in this order.
14. Any change In the plans identified in Condition#13 above shall require the applicant to inquire ofthe Conservation Conssission
in writing whether the flange is signifirant enough to require the filing of a new Notice offered.
15. The Agent m members ofthe Conservation Commission and the DepartmentofEnviromnerrlel Protection shall have the right to
enter and inspect the area subjedIn this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal ofany data doomed necessary by the Conservation Commission or Department fm thm
evaluation
16. This Order ofCondifiom shall apply to any successor in interest or successor in control ofthe property subject to this Order and
to any combustor or other person performing work conditioned by this Order.
17. Prior to the start ofwork,and ifthe project involves work adjacent to a Bordering Vegetated Wetland,the boundary ofthe
wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging.Once in place,the weaand
boundary markers shall be mahtained until a Certificate ofConpliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in goad repair mail all disturbed areas have been fully stabilized with vegetationor
other means.At no time shall sediments be deposited in awetand or water body.During constructioq the applicant orhisther
designee shall iaspedHa erosion controls on a daily basis and"I remove accumulated sediments as needed The applicant
shall immediately consul any erosion problems that oscura the site and shall also immediately notify the Conservation
Commission,which reserves the right to requoe additional erosion andior damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit ofwodc unless another limit ofwok line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUMEMEhNTS
19. The work associated with this Order(the"Projed)is(1) r- isnot(2)A subjedto the Massaehuscoo Storhwmer Standards.
Ifthe work is subject to Stomrwater Standards,then the pmject is subjedto the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopmerd,shall be implemented in accordance
with the connotation period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the
Stomwater Pollution Prevention Plan required by the National Pollutant Disduage Elimination System Construdim General
Permit as required by Surnowater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shell retain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stom ead BMPs unless and until a Registered
Profmsional Fngineerprovidm aCeaifmcatim dot:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operationfor storhnwder attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
mcludingma oval ofall construction period sediment burped in inlet and mrtldcommul structures;ii..as-built food construction
BMP plans are included,signed and scraped by a Registered Professional Engineer,cmtitying'he site is fully stabilized;iii.
my illicit discharges to the stonmwater management system have been removed,as per the requirements of Stommwater
Page 5 of 10+ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by M—DEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1566
510028
WPA Form 5-Order of Conditions eDEP own.NORTHsaction ANDOV0
ER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Standard 10;iu,all post-conshwam stoneware,BMPs are metaled in accmdance with the plans(including ll planting
plaza)approved by the issuing authority,and have been inspected m ensure de,they are not damaged and that they are in
proper wording conditlon;v.my vegetation associated with post.construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance=fit the issuing authority'sratified die another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Parva)Certificate OfComplience,the
responsible party(defined in General Condition 19(e))shall erzecute and submit to the issuing authority an Opdeoon and
Maintenance Compliance Statement("O&M Smarted)for the StarrookerBMPs identifying the party responsible for
implementing the munwarm BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:')the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible panties
sell be notified in writing of three ongoing legal responsibility to operate and maintain the stop nwater numWemcet BMPs and
implement the StmmwaimPollinate Prevention Plan.
d) Post-conswetion pollution prevention and source control she)be implemented in accordance with the long-term pollution
prevention plan section ofthe approved StormwazerReport and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector Gmeral Permit.
e) Unless and until another party woepe responsibility,the landowner,or owner of my drainage easement,assumes
responsibility for maintaining each BMP.To overcome Us presumption,the landowner ofthe property must submit tothe
issuing authority a legally binding agreement ofrecord,acceptable in the issuing mtho y,evidencing that anotherentity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a pumi0ee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible Party to implement the requirements of Conditions 19(f)through 19(k)with respect to die BMP shall
be a violation ofthe Order of Conditions or Carothers of Complianm in the case of stor nwnerBMPs that are serving more
than one lot the legally binding ageemern shall also identify the lots that will be serviced by the stommwinat BMPs.Apron and
eascmet deed that grants the responsible piny access m perform the required operation and maintenance must be submitted
along with the legally binding agmcemem
f The responsible parry sell operate and maintain all stormwster BMPs in accordance with the design plans,the O&M Plan,
and the requiremenm ofthe Massachusetts StormwdarHandbook
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last those(3)consecutive calendar years of inspections,repairs,
maintenance and/or mplacemeraofthe stormwarer management system or my Wthereo[and disposal(for disposal the
log shall indicate the type ofma enal and the disposal location);
2.Make the maintenance log available in MassDEP and rhe Conservation Commission CCommission")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 parry is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other conmminanm removed frau stormwma BMPs shall be disposed ofin accordance with all applicable
federal,smte,and love laws and regulations.
il Illicit discharges tothe mmmwate,management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwmtr management system approved in the order of Conditions shall not be changed without the prior written
approval offs:issuing authority.
k) Areas designated as minifying pervious areas for the purpose ofthe Low Impact She Design Credit his defined in the
MassDEP Stwmwater Handbook,Volume 3,Chapter 1,Low Impact Development Sift Design Credits)shall not be altered
without the prior written approve ofthe issuing authority.
0 Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld Arry fencing constructed amend
stommoviamBMPs shall include access gees and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided byMaMDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1566
WPA Form 5-Order of Conditions eDEP Ttaosacdon#:510028
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Citylfovm:NORTH ANDOVER
Page 7 o 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPEPTransaction
ra File#:242-1566
002
WPA Form 5-Order of Conditions eDEP Tmrnac RT N5N026
0
City/fown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The C ation Cornmiaajon h rebv(check one that applies)
a r- DENIES the proposed work which cannot be conditioned to
mat the standards set forth in a municipal ordinance or bylaw
specd'rrally:
L Municipal Ordinance or Bylaw 2.Citation
Therefore,work on flus 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 u issued Which are necessary to
comply with a municipal ordinance or bylaw:
b' F APPROVES the proposed wok subject to the following
additional corMidons.
NORTH ANDOVER
1.Municipal Ordnance m Bylaw PPWETL Cf ON 2.Citation[ CHAPTER 178
BYLAW
3. The Commission orders thata0 work shall be performed in accordance with the Mowing conditions and with the Notice of
Intent referenced above.To the extent fim the following conditionsmodify or differ from the plans specDcationa or other
proposals submitted with theNodce of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File X:242-1566
506828
L I
WPA Form 5-Order of Conditions eDEP owTranNORTsaction X:ANDO
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/1'own:NORTH ANDOVER
E. Signatures
This Order is valid fortlueeyears from the dare ofissuance,unless otherwise specified 7
inamorata General Common 14.If Otis ism Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions. ,
please indicate the number of members who will sign this from.Itis Order most be signed by
a majority ofthe Conservation Commission. 22.Numbero�higmers
The Order must be mailed by certified mail(rerun receipt requested)m hand delivered to ate applicant A copy also most be mailed
orhand delivered attire sometime to the appropriate Department of Environmental Protection Regional Office,if net filing
electronically,and fire property owner,ifdiffamtfmm applicant
Signatures:
L I��
r Whand delivery on My certified mail,retnm receipt requested,on
�—
Date Date
F. Appeals
The applicant,theownm,my person aggrieved by this Order,any owner of land sharing the land subject W this Order,or my ten
residents of the city in town in which such land is located,are,hereby notified of their right request the appropriate MassDEP
Ragland Ofhceto issue a Superseding Order of Conditions.The request most be made by certified mail or hand delivery to the
DeparmeM with the appropriate fling fee and a completed Request for Depir mental Action For Transmittal Forth,as provided in
310 CMR 10.03(7)within ten business days tram the date of issuance of this Order.Acopy of the request shall at the same time be
seat by certified mail or hand delivery to the Conservation Commission and wore applicant,if he/she is not the appellant
Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required W demonstrate prior
participation in the review of this project.previous participation in the permit proceeding means the submission of written irdomration W
the Conservation Commission prior W the close of the public herring,requesting a Superseding Order,or providing written information
tothe Delman ent prior to issuance of a superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Orderdces not
contribute W the protection of the interests idenfified in the Massachusetts Wetlands protection Ad(M.G.L.a 131,§40),and is
inconsistent with the wetlmds regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wedands Protection Act or regulations,the Mpamnent has no appellntejurisdictioo.
Page 8 of 9•ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1566
MTA Form 5-Order of Conditions eDEPTrsnsaction#:510028
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cdy/fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions mus[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 ofthe affected property.In the case of recorded land,the Final Order"I also be noted in the Registrys
Grantor Index order the name ofthe owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Count Certificate of Title of the owner of the land subject to the Order of Conditions The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dottM line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTHANDOVER
Corhservatron Commission
Please be advised that the Order of Conditions for the Project at:
95 OLYMPIC LANE 242-1566
ProjectLocator MassDEPFiIc Number
Has been recorded 9 the Registry of Deeds of.
Canty Book page
for.
Pmperty Owner MICHELLE VERMINSKI
and has been noted inthe chain oftte of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the msmunertnumber ideri fyingthistransaction is:
Instrument Number
Ifregishrod land,the document number identifying this Nmsaction is:
DocwtentNumber
Sigllatlre of Applicant Ac.V Va010
Page 10 of 10"ELECTRONIC COPY
DEP FILE#242-1566
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 follower conditions modify or differ from the dans specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: removal of an existing deck and construction of an
addition on a full foundation. A new deck with stairs will also be constructed. An
existing,unpermitted patio is also approved. As part of the work the existing septic
tank will need to be moved and a new connection will be made to the existing leach
field. With the exception of the installation of the septic piping,all work is outside the
50' No-Build Zone to a Bordering Vegetated Wetland (BV W). Allwork is outside of
the Riverfront Area. A buffer zone enhancement planting area with permanent
monumentation 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):
Applicant/Property Owner: Michelle Verminski
95 Olympic Lane
North Andover, MA 01845
NOI Prepared by: Scott Goddard, PWS
Goddard Consulting,LLC
14 Wilson Road
Northborough,MA 01532
Site Plans prepared by: Atlas Land Surveying, Inc.
8 Moore Lane
Northborough,MA 01532
Titled: Proposed Addition
Dated:9/12/12
Last Revised: 09/20/2012
Signed and Stamped by Todd P.Chapin,PLS
Other Record Documents: Letter from Division of Fisheries &Wildlife
Date: October 3,2012
NHESP Tracking No.:12-31438
242-1566,95 Olympic Lane 1 NACC 10/42012
DEP FILE#242-1566
30. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. 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).
32. The following wetland resource areas are affected by the proposed work:Riverfront
Area and Buffer Zone to Buffer Zone to Bordering Vegetated Wetland (BV W). 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 this resource area to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas and
associated buffer zones on the site as shown on the plans dated referenced herein with
the exception of wetland flag 8. Flag 8 should he deleted and flag 7 should connect to
flag 8A. This change shall be made on the as-built plan prior to the issuance of a
certificate of compliance.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25')No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource except for areas shown as previously
developed on the herein referenced plan and as approved by the herein referenced
waiver.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 £a Appendix F of the local Regulations).
35. To restore the No-Disturbance Zone,the applicant proposes to plant a variable width
buffer zone enhancement area marked by posts monumented with wetland markers.
Plant substitutions may be made with the approval of the Conservation
Administrator. Plantings shall be monitored for 1 year by a qualified environmental
professional with a monitoring report,including photographs,submitted to the
NACC at the end of that time period. Plants that die or are not thriving during the
monitoring period shall be replaced. In addition,all brush dumping in the 25-foot No-
Disturbance Zone shall be removed and disposed of at an appropriate compost
facility.
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
242-1566,95 Olympic Leve 3 NACC 10/4/2012
DEP FILE#242-1566
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
footings, dwelling construction, 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 life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials,stockpiling of soil, or construction
activity is to occur beyond this line at any time.
45.Siltation fencing 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
(trenched and staked)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.
46.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 5 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$1,800 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
242-1566,95 Olympic Lane
s NACC 10/4/2012
DEP FILE#242-1566
in perpetuity. Markers are available from the Conservation Department($2 round
and$3 square).
51.The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
52.Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor,and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,subcontracts,
and specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors
and other personnel performing the permitted work are fully aware of the permit's
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting(e.g.72 hours).
STORMWATER MANAGEMENT CONDITIONS
53.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
54. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
242-1566,95 Olympic Leve 7 NACC 10/42012
DEP FILE#242-1566
64. 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
65. 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.
66.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
low phosphorous types(<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Towns Wetland
Protection ByLaw and shall remain in perpetuity.
67.There shall be no dumping of leaves,grass clippings,brush,or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity.
68. 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.
69. 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.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
242-1566,95 Olympic Lane 9 NACC 10/412012
DEP FILE#242-1566
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#67);
2421566,95 Olympic Lege I I NACC 10/4/2012