HomeMy WebLinkAboutNUTTON, JAMES & RITA i
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1107
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 James and Rita Nutton
computer, use Name
only the tab
key to move 269 Barker Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
James and Rita Nutton
Name
10/24/01 242-1107
Dated DEP File Number
3. The project site is located at:
269 Barker Street North Andover
Street Address City/Town
Map 61 Parcel 4
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Rita and James Nutton
Property Owner(if different)
Essex 6447 297
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
8/13/02
Date
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:
wpaform 8b.doc•rev.12/15/00 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is herebycertified that the work re ulaled b h -
g y 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therefore no longer valid.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.
2/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;
C. Authorization
Issued by:
North Andover 8/14/02
Conservation Commission Date of Issuance
This Certificate must be signed 16majority of the Conservation Commission and a copy sent to the
applicant and appropriate D, egional Office(See Appendix A).
Signatures:
On Of
Day Mont nd Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknow dged th t he/she execAted,he same as his/he free act and deed
h iodb
140tq Pubic mf commission expires
wpaform 8b.doc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP Fite Number
WPA Form 8B — Certificate of Compliance
242-1107
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.
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To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
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 Applicant
wpaform 8b.doc•rev.12/95/00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to.
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield wales
g Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lan-borough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Grenville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbadston Millvile Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable banoater Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer Fast Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westrninster
Berlin Grafton Lunenburg Paxton Sturbridge Wkwherdon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royatston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester WelNlest
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West nsbury
TDD:508-946-2795 Brewster Edgartown IGngston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven LakevilleOrleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough- Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Mills Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Million Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Grovetand Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•Appendix A•rev.8/14/02 Page 1 of 1
Massachusetts Department of Environmental Protection
L
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling From:
out forms on
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
James & Rita Nutton
Name Name
269 Barker St.
Mailing Address Mailing Address
North Andover MA 01845
Cityrrown State Zip Code City/Town State Zip Code
1. Project Location:
269 Barker St. North Andover
Street Address City/Town
61 40
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 1065 240
County Book Page
Certificate(if registered land)
3. Dates:
9/28/01 10/24/2001 10/24/01
Date Notice of Intent Filed Date Public Hearing Closed Date of issuance
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
propsed Sewer Tie in 269 Barker St - 10/17/01
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Richard T_angard
Name
6.. Total Fee:
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc-rev.10/25/01 Page 1 of 7
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ® Fisheries ®Protection of Wildlife Habitat
® Groundwater Supply Z Storm Damage Prevention Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is:(check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests,and a final Order of Conditions is issued.
❑ the information submitted by the applicant isnot 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 a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, 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).
General Conditions (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.
i
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights. j
3. 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, bylaws, or regulations.
W aform5
p .doc-rev.10125101
Page 2 of 7
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L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; 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 to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This 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 least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain 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 of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is 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 the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds,prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words, i
"Massachusetts Department of Environmental Protection"[or, "MA DEP"]
"File Number 242-1107 11
10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission:
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation. III
Wpaform5.doc•rev.10/25/01 page 3 of 7
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 139, §40 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the 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 a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in 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 that occur at 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 of work unless another limit of
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in'a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until revised Notice of Intent is .
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform5.doc•rev.10/25/01 Page 4 of 7
LIMassachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions o7L /
Massachusetts Wetlands Protection Act M.G.L. c. 131 40 Provided by DEP
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission.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 ti a to the appropriate Department of Environmental Protection Regional
Office (see Appendix A d the property owner(if different from applicant).
Signatures:
On c / Of /00 '
Day Month a Year
before me personally appeared
I
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free acts j
soca'b G aruga j II
sa�idx3 u0!SSpwoj�W
nasrnt�s „Ega r1de
Notaryis My Commission EAWgWd tig;oN
33Jt/W 3Nvla trnr,�-�
T his Order is issued to the applicant as follows: ^^�N
❑ by hand delivery on ❑ by certified mail, return receipt requested,on
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order,any owner of land abutting the land subject
to this Order, or any ten residents of the city;or town in which such land is located are notified of
� hereby noti
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal 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.
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 Massachusetts 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 Act or regulations, the Department has no appellate jurisdiction.
D. 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 the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
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Wpaform5.doc•rev.10/25/01 Page 6 of 7
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File"umber:
WPA Form 5 - Order of Conditions 242-1107
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording
Information cont.
Detach on dotted line,-have stamped by the Registry of Deeds and submit to the Conservation Commission.
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To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
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 this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant G
Wpaform5.doc•rev.10/25/01 Page 7 of 7
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DEP FILE#242 - 1107
Therefore, the North Andover Conservation Commission(hereafter the
"NACC") hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
MAL CONDITIONS
18. 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.
19. 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.
20. 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.
21. The work authorized hereunder shall be completed within three years from
the date of this order.
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22. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty i
days (30) prior to the expiration date of the Order (Refer to Section VIII
(B)(p.33) of the North Andover Wetland Regulations).
CAWinword\000242-1107 1 NACC 10/24/01
DEP FILE #242 - 1107
23. 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.
24. 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.
25.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.
26. 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.
27. The proposed work includes: This proposal is to install a sewer pump
chamber and a 2"force main to connect a single family home to municipal
sewer within the Buffer Zone to a BVW. The sewer exists 700 feet away in
Barker Street. The connection will follow the shoulder of the roadway.
28. 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: James and Rita Nutton,dated 9-28-01
Site Plans prepared by: New England Engineering
Signed and stamped by: Richard Tangard, P.E.
dated 9-27-01,REV 10-17-01
Plan entitled"Plan Showing Proposed Sewer !
Tie In @ 269 Barker Street'
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29. The following wetland resource areas are affected by the proposed work
Buffer Zone to Bordering Vegetated Wetland(BVW). These resource areas
are significant to the interests of the Act and Town ByLaw as noted above
CAWinword\00C\242-1107 2 NACC 10/24/01
DEP FILE #242- 1107
and therein. The applicant has not attempted to overcome the presumption
of significance of these resource areas to the identified interests.
30. The NACC agrees with the applicantrs delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
31. 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 area
(except where otherwise shown on plans dated REV 10-17-01). 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 III(D) &Appendix G of the local Regulations).
32. 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.
33. 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. Maintenance of the drainage system, if accepted by
the Town as part of a public way, becomes the responsibility of the Town
34. 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.
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CAWinword100C\242-1107 3 NACC 10/24/01
DEP FILE #242 - 1107
==PRIORTO CONSTRUCTION
35.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.
36. 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.
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37. 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,File Number 242-1107,Expiration date=-
38. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing(at
the expense of the applicant). Within 21 days of the close of said public
hearing the NACC will issue an amended or new Order of Conditions. Any
errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by C
other local or state boards or agencies.This may result in changes to the i
project plans or wetland impacts. If any such changes occur a revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin
on a project until written approval has been granted by the NACC.
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39. 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
CAWinword\00C\242-1107 4 NACC 10/24/01
DEP FILE #242 - 1107
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of construction.
40. Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
41. 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 stakes or flags
and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of
a color different from other flagging used on the site.
42. A row of staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. 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
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. 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 Commission's request.
43. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking
these bales (or an equivalent amount of silt fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for
the normal control fro of erosion.
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DEP FII.E#242 - 1107
44. 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,
p �'
unse,
Town Treasurer, and the NACC andh 11
s a 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 aptt3'or parties arties 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.
45.The applicant shall designate a professional Wetland Scientist as an
"Environmental Monitor(EM)"to oversee any emergency placement of
controls and regular inspection or replacement of sedimentation control
devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due
to an emergency at the site, during any 24-hour period, including weekends.
This person shall be given the authority to stop construction for erosion j
control purposes. The EM 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. 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 g
from the EM 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 EM 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. This person shall be on site at all
times during the culvert crossing.
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46. 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
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CAWinword\00C\242-1107 6 NACC 10/24/01
DEP FILE #242 - 1107
herein and shall be provided to the Conservation Department at least five
(5) business days prior to the closing of said land transaction.
47. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange an on-site conference with an NACC
representative,,the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permifs 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).
DURING CONSTRUCTION
48. IMPORTANT: a 4" cast iron sleeve shall be installed over the 2" force main
where depicted on plans dated REV 10-17-01.
49. 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.
50. 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.
51. No exposed area shall remain unfinished for more than thirty(30) days,
unless approved by the NACC.
52. No re-grading in the buffer zone shall have a slope steeper than 2:1 j
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
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DEP FILE #242 - 1107
53. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
54. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
55. All waste generated by, or associated with, the construction activity shall be
contained within the construction area,and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal of
waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means)at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50'of areas subject to protection under the Act or
local ByLaw.
56. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project
57. 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
58. 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 Town's Wetland protection
ByLaw.
59. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (<5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland I
resource area. This condition shall survive this Order of Conditions and shall j
run with the title of the property. This condition is issued under the !�
authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
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CAWinword\00C\242-1107 8 NACC 10/24/01
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DEP FILE#242 - 1107
60. Upon completion of construction and grading,all disturbed areas located
outside resource areas shall be stabilized permanently against erosion. This
shall be done either by loaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
61. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for 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 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 of the Commonwealth, for the public
record. This plan will include:
➢ "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. j
➢ A line showing the limit of work and the extent of existing s
erosion control devices. Work' includes aM disturbance of
soils or vegetation,
➢ Location of all subsurface utilities entering the property.
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DEP FILE#242- 1107
67. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC)for this project:
➢ 25'No-Disturbance Zone and a 50' No-Construction Zone shall
be established from the edge of adjacent wetland resource areas
except in those locations approved under DEP #242-1102.
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC (refer to Section XI
(page 18) of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local Bylaw;
➢ Discharge or spillage of pollutants (Condition#57);
➢ Prohibition of underground fuels (Condition #58);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #59).
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CAWinword\OOC\242-1107 10 NACC 10/24/01
DEP FILE#242 - 1107
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#)
1
Signed under the pains and penalties of perjury this day of 19
j
(Signature-authorized agent of applicant or owner)
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C:\Winword\00C1242-1107 21 NACC 10/24/01