HomeMy WebLinkAboutJOYCE, RALPH (2) Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1074
WPA Form 5 - Order of Conditions Provided by DEP
4
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on North Andover
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):
Ralph Joyce Same
Name Name
95 Main Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Project Location.
Lot 3 Chestnut StreetNorth Andover
Street Address - -p-`�l Cityrrown
Map 98C Parcel 3
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 5580 244
County Book Page
Certificate(if registered land)
3. Dates:
4-20-01 5-16-01 5-17-01
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):
See Attached Conditions
Title Date
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
$300
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 7 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1074
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
g
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 ® 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 is not sufficient to describe the site,the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project
may not go forward unless and until 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.
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.
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.
WPA Form 5 Page 2 of 7
Rev.02/00
1
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1074
WPA
Form 5
_ Order ofConditions
Provided b
DEP
Massachusetts
Wetlands Protection Act M.G.L. c. 131,.§40
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,
"Massachusetts Department of Environmental Protection"[or, "MA DEP'J
"File Numbe 7ql-I01q _-
10.
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.
WPA Form 5 Page 3 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1074
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
Special Conditions (use additional paper, if necessary):
Please refer to the attached additional general conditions and special conditions.
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:
Name Municipal Ordinance or Bylaw
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards,and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover c.178 of the Code of North Andover
Name Municipal Ordinance or Bylaw
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.
WPA Form 5 Page 4 of 7
Rev.02/00
DEP FILE #242 - 1074
Therefore, the NACC hereby finds that the following additional 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 NOI, the conditions shall control.
Additional 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 Vlll
(B)(p.33) of the North Andover Wetland Regulations).
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.
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DEP FILE # 242 - 1074
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 single family dwelling and
appurtenances within the 100 foot buffer zone of a bordering vegetated
wetland.
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: Epsilon Associates, Inc.
Dated April 20th,2001
Site Plans prepared by: MHF Design Associates, Inc.
Entitled "Notice of Intent Pian—Lot 3"
Dated REV May 7th,2001
Supplemental Reports prepared by: Epsilon Associates, Inc.
Dated May 9th,2001
29.The following wetland resource areas are affected by the proposed work:
100-foot 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 applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
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DEP FILE #242 - 1074
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 adjacent
wetland resource areas except where otherwise noted on the record
plans referenced herein dated REV May 7t', 2001.
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.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 or their
consultants 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, it's consultants 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.
Pre-Construction Conditions
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
3 NACC 5115/01
DEP FILE #242 - 1074
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.
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, Lot#3 Chestnut Street, File
Number 242-1076."
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 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.
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
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
40.It is understood that the bordering vegetated wetland across Chestnut
Street has been approximated on the record drawings as they are
subject to a separate Order of Conditions and on property owned by
someone other than the applicant. Furthermore, it is understood that
the 25-foot No-Disturbance Zone and 50-foot No-Construction Zone do
not encroach onto the dwelling portion of the subject parcels, rather,
they simply overlay Chestnut Street and/or the 30-foot front lot line
zoning setback. While the applicant shall not be responsible for
maintaining these flags in the field, he/she shall be responsible for
maintaining setbacks and limit of work areas as shown on the site plans
referenced herein. Any deviations from these plans that occur within
the 100-foot buffer zone are subject to NACC review and approval prior
to implementation of said change.
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DEP FILE # 242 - 1074
41.A row of double staked hay bales backed by trenched siltation fence
shall be installed as shown on the record drawings referenced herein
along the west side of Chestnut Street. Erosion control barriers shall be
rotated away from each driveway so as to eliminate the amount of silt
that could potentially be directed down the individual driveway under
larger storm events. In addition, haybale check dams shall be installed
every 40-feet as shown in the proposed gravel swale along the east side
of Chestnut Street. 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.
42.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty(20) extra 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.
43.A check payable to the Town of North Andover shall be provided in the
amount of$3,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover
Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions
hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance
of any conditions which are of continuing nature. The applicant may propose
a monetary release schedule keyed to completion of specific portions of the
project for the NACC's review and approval. This condition is issued under
the authority of the local ByLaw.
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DEP FILE # 242 - 1074
44.The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. At least once per
month in which construction activities occur on-site and for as long thereafter
as ground remains un-stabilized, the applicant shall submit a written report
from the erosion control monitor to the NACC certifying that, to the best of
his/her knowledge and belief based on a careful site inspection, all work is
being performed in compliance with this Order of Conditions. All wetland
resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts. In addition, documented evidence that the 25' No-
Disturbance Zone and 50' No-Construction Zone setbacks are being adhered
to must be included in the Erosion Control Monitor's report with
measurements taken from at least 3 location on-site (except where otherwise
waived).
45.The applicant shall stake out those foundation corners that fall within the
100-foot Buffer Zone prior to construction so that the Conservation
Commission and/or their designated Agent can field verify that the building
setbacks depicted on the plan of record are being adhered to.
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 "Affidavit" attached via "Appendix A" signed
under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each
and every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at
least five (5) business days prior to the closing of said land transaction.
47.Prior to construction, the Applicant shall submit to the NACC copies of
necessary approvals from the Department of Public Works authorizing
construction of the proposed gravel swale and drainage system within
the Chestnut Street right-of-way.
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DEP FILE # 242 - 1074
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).
During Construction
49.To the best extent practicable, and with the consent and permission of
the adjacent property owner, the Applicant shall access the subject lot
from Rea Street until such time as it is necessary from a construction
standpoint to access the lot from Chestnut Street. This will minimize
the amount of silt and earth material that may runoff onto Chestnut
Street and potentially into off-site resource areas.
50.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.
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.
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DEP FILE # 242 - 1074
52.De-watering activities shall be conducted as described in the NOI and
supporting correspondence and shall be monitored daily by the
applicant to ensure that sediment laden water is appropriately settled
prior to discharge toward the wetland resource areas. No discharge of
water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland ByLaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to
the Commission for approval which provides for the pumped water to be
contained in a settling basin, to reduce turbidity prior to discharge into a
resource area.
53.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.
54.There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area unless otherwise approved by this Order of
Conditions and the record drawings referenced herein.
55.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
56.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 35' of areas subject to protection under the Act or local
ByLaw.
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.
8 NACC 5115101
DEP FILE #242 - 1074
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 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 and shall remain in
perpetuity.
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 a Certificate of
Compliance:
• WPA Form 8A—"Request for a Certificate of Compliance."
• A letter from the applicant requesting a Certificate of Compliance.
• The name and address of the current landowner.
• Signed statements from the property owner shall be submitted with the
request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to acquiring the
subject property.
• The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
• The street address and assessor's map/parcel number for the project.
• The DEP file number.
• A written statement from a Registered Professional Civil Engineer and
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.
• An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land
Surveyor of the Commonwealth, for the public record. This plan will
include:
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♦ "As-Built" post-development elevations of all structures including
approved retaining walls and dry well systems.
♦ 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,
buildings, additions, dumpsters, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
♦ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes gny disturbance of
soils or vegetation.
♦ Location of all subsurface utilities entering the property.
62.The following special conditions shall survive the issuance of a Certificate
of Compliance (COG) 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-
1074. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. 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;
• Prohibition of underground fuels;
• Limitations on the use of fertilizers, herbicides and pesticides.
10 NACC 5/15/01
DEP FILE # 242 - 1074
APPENDIX A - AFFIDAVIT
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. 1 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. 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. 1 hereby affirm and acknowledge that on this day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
11 NACC 5/15/01
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 242-1074
y WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
Please refer to the attached additional general conditions and special conditions.
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4,from the date of issuance.
May 17, 2001
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 bewailed or
hand delivered at the same tim appropriate Department of Environmental Protection Regional
Office (see Appendix A)a e- erty owner(if different from applicant).
-
Signatures:
s /
L�
On Wednesday the 16th Of May 2001
Day Month and Year
before me personally appeared
Mr. Scott Masse, NACC Chairman
to rage 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 act and deed.
---
JACKI BYERLEY lz4v f2le"q 6'
Naia Public My Commission Expires Notary Public
My Commission Expires
This der is issued to the applicant as follows: Judy 5,2007
❑ by hand delivery on ® by certified mail,return receipt requested,on
May 17 2001
Date Date
WPA Forth 5 Page 5 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
242-1074
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 hereby notified of
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
WPA Form 5 Page 6 of 7
Rev.02/00
f
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
242-1074
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location L& i-oe Number
Has been recorded at the Registry of Deeds of:
Essex North
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
WPA Form 5 Page 7 of 7
Rev.02/00