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HomeMy WebLinkAboutGARON, KATHLEEN Massachusetts Department of Environmental Protection DEP File plumber Bureau of Resource Protection- Wetlands 242-937 WPA Form 5 - Order of Conditions for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER September 24, 1998 Conservation Commission Date For: The public hearing was closed on: 242-937 November 4, 1998 Reef File Number Date To: Kathleen Garon Title and Date of final Plans and Other Documents: Applicant Name "Plan of Land" prepared by 15 Woodberry Lane Mailing Address Scott L. Giles dated, REV. 11-2-98 Andover, MA 01810 Cg1T0 n state Zip code The project site is located at (Northeast corner Boxford St & Duncan Dr of intersection) Crry/town North Andover Assessm MaplPlat I 105"C"C ParcelAotf 4f3 and the property is recorded at the Registry of Deeds for: Essex 3651 116 County Book Pap Certificate(if m gstaTd*4 Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission firms that theQ�the following conditions which are necessary,in accordance area in which work is proposed is significant to the following /! with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,,to protect those interests checked above. This Commission orders that all the work shall be performed in Public Water Supply accordance with the Notice of Intent referenced above,the Private Water Supply following General Conditions,and any other special Groundwater Supply conditions attached to this Order.To the extent that the Flood Control following conditions modify or differ from the plans, ❑Land Containing Shellfish specifications,or other proposals submitted with the Notice Ct Fisheries of Intent,these conditions shall control I Storm Damage Prevention I Prevention of Pollution l Protection of Wildlife Habitat JJ n r Massachusetts taepartwnt of EnWhinme"Protection Bureau of Resource Protection- Wetlands 242-937 WPA Form 5 - Order of Conditions DEP and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, YO Protection Bylaw. Findings (cont.) debris,including but not limited to lumber,bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is not sufficient the Land Coat for the district in which the land is located, to describe the site,the work,or the effect of the work on within the drain of title of the affected property. In the case the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless ` Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any [or,"MA DEP"]"File Number exclusive privileges;it does not authorize any injury to DEP # 242-937 private property or invasion of private rights: Project File Number 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, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either of the following apply: 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Act;or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extension date and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Order. "Plan of Land" 5. This Order may be extended by the issuing authority for Title one or more periods of up to three years each upon REV. 11-2-98 application to the issuing authority at least 30 days prior to Dated the expiration date of the Order. (see bylaw) Scott L. Giles, RPLS 6. Any fill used in connection with.this project shall be clean Signed and Stamped by fill. Any fill shall contain no trash,refuse,rubbish,or NACC on file wit fl......n..F c Massachusetts Department of Environmental Protection L��A Bureau of Resource Protection— Wetlands 242-937 WA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Findings (cont.) Findings as to municipal law,bylaw,or ordinance 13.Any changes to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation NORTH ANDOVER Commission in writingwhether the change is significant � 9n enough to require the filing of a new Notice of Intent. commeoncowlssion 14.The Agent or members of the Conservation Commission hereby finds(check one that applies): and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. mm and station ofmuniclpallaw,bylaw,orordimxe Therefore,work on this project may not go forward unless 15.This Order of Conditions shall apply to any successor in and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued. ing work conditioned by this Order. that the following additional conditions are necessary to 16.Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of comply with a municipal law,bylaw,or ordinance,spec- the wetland in the vicinity of the proposed work area shall tally be marked by wooden stakes or flagging. Once in place, C. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of onxaW citatfon ofmumpallaw,bylaw,or ordir m work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shall be performed sion. in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegetation or other means. At no time shall sediments of Intent,the conditions shall control. be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance: immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Refer to the attached cnnd i t i nn� Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Special Conditions(Use additional paper if necessary) Refer to the attached conditions n_ 1AInn n cc Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-937 WPA Form 5 Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, YO Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condit n pursuant to General Conditions#4, 18th from the date of i�s{s ance, l� 1 I 1 day of tete November Month This Order must be signed by a majority of the conservation 1998 commission.The Order must be mailed by certified mail year (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of Scott Masse Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. AlotayPUblic December 11, 1998 My commission apm /Ro�ali This Order is issued to the applicant as follows: K ,L' ❑ by hand delivery on 7 Date bye ail q on Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.f_.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. 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. r Massachusetts tleyartnwt of Environmental Protection Bureau of Resource Protection- Wetlands 242-937 WA Foran 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §4O Protection Bylaw. 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 shall be submitted to the Consention comrtission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. ———— -----------------c---------- To: Cormwion commission Please be advised that the Order of Conditions for the project at 242-937 ftexL"on DEP File Number has been recorded at the Registry of Deeds of Courny and has been noted in the chain of title of the affected property in Book P in accordance with the Order of Conditions issued on Die If recorded land,the instrument number which identifies this transaction is InWument Number If registered land,the document number which identifies this transaction is Downxq Number Sig Me&ApplicW Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-937 WPA Appendix E .Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. G 131, §40 Protection Bylaw. Please type or print clearly all U Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address MailingAddress CilyM- City/fown State Zip Code Stare Zip Code PhoneAkrmber Phan Number Fax Number(it applicable) Fax Numbs(if applita�ble) Project Location: DEP File Number: StrcetAdaress City/Town Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. n,.,.,,i .,c i DEP FILE#242-937 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 GENERAL 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. 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 days(30) prior to the expiration date of the Order (Refer to Section 178..6 of the North Andover Wetland Protection ByLaw Section VIII(B) of the Regulations). CAWinword\000242-937.doc 1 NACC 11/23/98 DEP FILE#242-937 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: Construction of a single family dwelling within the Buffer Zone of a Bordering Vegetated Wetland(310 CMR 10.55 and C.178 of the Code of North Andover). 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: Kathleen Garon DATED 9-2498 Plans prepared by: Scott L.Giles,RPLS Entitled Plan of Land" DATED REV 11-2-98 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. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. 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 applicants delineation of the wetland resource areas on the site as shown on the plans dated referenced herein Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan CAWinword\0001242-937.doc 2 NACC 1 U23J98 DEP FILE#242 937 showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 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(251 No-Disturbance Zone and a fifty foot(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. 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)of the local Regulations). 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission 33. 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. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way1 that the site imply or certify or downstream areas will not be subject to flooding, storm damage or any other form of water damage. CAWinword\00C\242-937.doc 3 NACC 11/23/98 DEP FH E#242-937 FPRIOR TO CONSTRUCTION 36. 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. 37. 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. 38. 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 242-937." 39.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 significants 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 other local or state boards or agencies. This may result in changes to the 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. 40. It is the responsibility of the applicants 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 CAWinword1000242-937.doc 4 NACC 11/23/98 DEP FILE#242-937 Conditions and referenced documents before commencement of construction. 41. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing pian for construction and erosion and sedimentation control with supporting plans and details as appropriate. 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, and revegetation to be completed before other work begins on-site. 42. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing 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. 43. 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 44. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of fifteen(15)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 of erosion. CAWinword\00C\242-937.doc 5 NACC 11/23/98 DEP FILE#242-937 45. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. 46. The applicant shall be responsible for placing a sign on the parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 47. 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"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 be provided to the Conservation Department at least five(5) business days prior to the closing of said land transaction. 48. 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 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). CAWinword\00C\242-937.doc 6 NACC 11/23/98 DEP FELE#242-937 DURING CONSTRUCTION 49.IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.)which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 50. The applicant shall plant thirty-seven (37) shrubs five feet(5') on-center per the following specifications: (31)Rhododendron spp. &(6) Viburnum spp. at least 3-4'in height along the 25'No-Disturbance Zone (refer to correspondence dated 11-18-98 from Tyler Munroe to the NACC). 51. 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. 52. 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. 53. No exposed area shall remain unfinished for more than thirty (30)days, unless approved by the NACC. 54. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal:vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 55. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 56. After proper grading, all disturbed areas located within a resource area (including the Buffer Zone which is regulated as a resource area under the local ByLaw), shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil CAWinword\00C\242-937.dor,, 7 NACC 11/23/98 DEP FILE#242 -937 profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 57.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 58. 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 RY of areas subject to protection under the Act or local ByL.aw. 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. 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 61. 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. 62. 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 resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 63. 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 CAWinworxA000\242-937.doc 8 NACC 11/23/98 DEP FILE#242 -937 the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 64. 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. "Request for Certificate of Compliance Form 8A". 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 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 Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Buil' plan prepared and signed and stamped by a Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As-Buil' post-development elevations of all drainage& stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "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 wetland under the local wetland 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, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a_y disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. CAWinword\00C\242-937.doc 9 NACC 11/23/98 DEP FILE#242-937 65. 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#242-937. 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#60); ➢ Prohibition of underground fuels (Condition#61); ➢ Limitations on the use of fertilizers, herbicides, road salts, de- icing compounds and pesticides (Conditions #62). CAWinword\OOC\242-937.doc 10 NACC 11/23/98 DEP FILE#242 -937 APPENDIX F - COMPLIANCE CERTIFICATION FORM I, on oath do (authorized agent applicant a dlor current owner) hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOC1Q 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. 2. 1 am the of (position with owner) (maser name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 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 199` I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19_. (Signature-authorized agent of applicant or owner) CAWinward\00C\242-937.doc 11 NACC 11/23/98 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number �. - AMENDED 242-937 WPA Form 5 - order of Conditions for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.L. C. 131, X40 protection Bylaw. Apo licant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER September 24, 1998 cimnawn Commission Date For: The public hearing was closed on: 242-937 November 4, 1998 ?qw file i umtie- Date To: Kathleen Garon Title and Date,of final Plans .and,Other Documents: Ap Spr Name 11M � 0 i ki- l I5 Woodbury -Lane �} cq( G r ess I Maliitg Addr North Andover, MA 01845 C.tylrown 1 f Dc)D state gip Code The project site is located at: (Northeast corner Boxford St & Duncan Dr of; intersection) c-,W n L A55e<sors,VfantP,�at/ PxcetlCot d and the property is recorded at the Registry of Deeds for. Essex 3651 116 Conray Book page Csri6cte(rfrtgistet�l lana) Findings Furthermore,this Commission hereby finds that the project,as ,Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission finds that the ® the following conditions which are necessary,in accordance area in which work is proposed is signific:a 4'to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This Commission orders that all the work shall be performed in N'Public Water Supply accordance with the Notice of intent referenced above,the Private Water Supply following General Conditions, and any other special CN Groundwater Supply conditions attached to this Order.To the extent that the 5 Flood Control following conditions modify or differ from the plans, C Land Containing Shellfish specifications,or other proposals submitted with the Notice Fisheries of intent,these conditions shall control. Storm Damage Prevention LK Preventon of Pollution Protection of Wildlife Habitat Massachusetts Department of Envirvnmentai Protection Bureau of Resource Protection Wetlands AMENDED 242-937 A Form 5 Order of Conditions � and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §4Protection Bylaw. Findings (cont.) This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions 1#4, 19th from the date of issuance. 1/19/2000 day of January 04(e MOM 2000 This Order must be signed by a majority of the conservation commission.The Order must be mailed by certified mail near (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of Albert P. Manzi, Jr. Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 4 Audi 'h-'b6L4q"4 'DtL&f L December 11, 2003 My commission eYOiles This Order is issued to the applicant as follows: 1 �► r ❑ by hand delivery on Dare ® by cstkl mail, on January 20, 2000 Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents otthe city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department, with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. 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. n...... A ..c C Massachusetts Department of Environmental Protection Bureau of Resource Protection— Wetlands AMENDED 242-937 .WP.WPA Form 5 - Order of Conditions `- and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. URe-rDrding 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 shall be submitted to the NORTH ANDOVER consavarion commission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. To: consavarion commission ji Please be advised that the Order of Conditions for the project at Rnjea L cation D£P Fite Numbe has been recorded at the Registry of Deeds of calay and has been noted in the chain of title of the affected property in Book �Je in accordance with the Order of Conditions issued on Oae If recorded land,the instrument number whish identifies this transaction is lnsaumerr Mumba� If registered land,the document number which identifies this ransaction is Doa.mea Plumber Sjgmu.'e of dpplicaa Massachusetts Department of Environn ental Protection Bureau of Resource Protection- Wetlands AMENDED 242-937 WDA Appendix E - Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Please type or print clearly all Request Information information requested an this form. 1. Person or party making request(if appropriate, name the 2. Applicant(as shown on Notice of Intent.Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name MaiiingAddreSs Mailing Address GrylTown CitylTown State Zip Code State Zip Code Phone Number Phone Numbs Fax Numbs(if appliable) Fax Numbs(it applicable) Project Location: DEP File Number: 51r Addy S City/Town i Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state cleady'and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston, MA 02211 DEP regional office as fisted in Appendix A. \ 4. A copy of the request shall at the same time be sent by . certified mail or hand delivery to the conservation commis- sion and to the applicant, if helshe is not the appellant. 1 MassaQluserts tteparrment of Environmental Protection Bureau of Resource Protection— Wetlands 242-937 WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover wetland Protection B law. Project Information 1. This Certificate of Compliance is issued by: 3. The project site is located at: North Andover North Andover Co wwlon common C*Toyr Boxford Street & Duncen Drive To: 2WAMM Kathleen Garon 1050 40 Name Assessors UapA'at/ ParceYL�} 15 Woodbury Lane UkingAddress and the final Order of Conditions was recorded on Andover 1/5/00 WOW Ogre MA 01810 at the Registry of Deeds for -799 dp Coot Essex Instr # 303 2. This Certificate of Compliance is issued for work regulated cam sook Page by a final order of Conditions issued to: Kathleen Garon Cav#are(,frrrg"wfavi Name 11/25/98 4. A site inspection was made in the presence of the applicant. oared or the applicant's agem on: r 242-937 12/15/00 O£P file MX-'V Gare certification ❑ Imralid Order of Conditions: It is hereby certified that (Chedc all that apply): the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has XZ Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may tions has been satisfactorily completed. commence without filing a new Notice of Intent and, receiving a new Order of Conditions. ❑ Partial Certification:It is hereby certified that only the following portions of the work regulated by the above EX Ongoing Condkioax The following conditions of the referenced Order of Conditions have been satisfactorily Order shall continue:(include any conditions contained in completed.The project areas or work subject to this partial the final Order,such as maintenance or monitoring,that certification which have been completed and are released should continue fora longer period.) from this Order include: Condition Numbers: 31, 60, 61, 62 Massachusetts Department of Environarntal Protection Bureau of Resource Protection- Wetlands WPA Form 813 - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 731, X40 and North Andover Wetland Protection Bylaw. Authorization On this 3rd Issued by: North Andover day of January ' C.nWrdnon c..,mmrssron :earn 11/25/98 2001 Dareorl=anw ye, This Certification me personally appeared must be signed by a majority of the . conservation commission and a copy sent to the applicant Scott Masse and appropriate DEP Regional Offi a Appendix A). to me known to be the person described in and who executed Signature(s) the foregoing instrument and acknowledged that he/she executed same as Nsr'her free act and ed, vaary P.,ax D ',c� i'v L!� �mrrosron espres r 113Recording 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: If recorded land,the instrument number which identifies this transaction is Caraevxioncarumssmn Please be advised that the Certificate of Compliance for the project at msaumerxrasnea if registered land the document number which identifies this transaction is Rt�xtloc»on . has been recorded at the Registry of Deeds of Sown o/.t*anr CamY and has been noted in the chain of title of the affected property on ode Bl0R Pip Town of North Andover µOwn,q Office of the Conservation Department y Community Development and Services Division " William J. Scott,Division Director + °+ -.�• < " 27 Charles Street 4S acKU Brian LaGrasse P ( )978 I North Andover,Massachusetts 01845 Telephone 688-9530 Interim Conservation Fax(978)688-9542 Administrator MODIFICATION TO ORDER OF CONDITIONS File No. 242-937 Project: Boxford Street & Duncan Dr. The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on December. 20, 2000 agreed to accept Plans entitled "Asbuilt Plan of Land for Kathleen & Joseph Garon" dated 9/7/2000 REV 11/16/2000 REV 12/13/2000 as a Modification to the Order of Conditions issued in file#242-9 3 7 dated 11/25/98 and recorded in 114NAU Instr ii 303 and #4W Issued by the NORTH ANDOVER CONSERV;ffIO ISSION: I � On this 20thday of December, 2000 ,before me personally appeared Scott Masse ,to me known to be the person described in and who executed the oregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires A receipt from the Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the Book and Page numbers where the original Order 242- 937 was recorded. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANIe'INCf 688-9535