HomeMy WebLinkAboutJOYCE, RALPH (6) Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
75
Ll Massachusetts Wetlands Protection Act M.G.I. c. 131, 40 24Provvidedided
by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Mr. Ralph Joyce
computer, use Name
only the tab
key to move 95 Main Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Ralph Joyce
Name
n October 6, 1999 242-975
Dated DEP File Number
3. The project site is located at:
Lot 7 Chestnut Street North Andover
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Ralph Joyce
Property Owner(if different)
Essex 2868 177
County gook Paye
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
Date
B. Certification
Check all that apply:
Z Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.12/15/00
Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
t
WLlPA Form 8B - Certificate of Compliance 242-975
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above
-
referenced
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following conditions of the Order shall continue: (include any
conditions contained in the Final Order, such as maintenance or monitoring,that should continue
for a longer period).
Condition Numbers:
#68
C. Authorization
Issued by:
North Andover Conservation
Conservation Commission 15ye 41ssanc-5--
This Certificate must be signed b majority of the Conservation Commission and a copy sent to the
applicant and appropriate D e ' al Office(See Appendix A).
Signat es:
On -C Of
Day Month andar
before me personally appeared _
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Pubic My com is n expires
wpaform 8b.doc•rev.12/15/00 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau Of Resource Protection - Wetlands DEP File Number
WPA Form 8B — Certificate of Compliance 242-975
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
registered istered land, the document number which identifies this transaction is:
i 9
Document Number
Signature of Applicant
wpaform 8b.doc•rev.12115(00 Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mention Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfeet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln - Natick Salem Wenham
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherlxxn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc-Appendix A•rev.11/20/02 Page 1.of 1
Massachusetts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection- Wetlands116
WPA Form 5 - order of Cor itms7
242- q
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 August 20, 1999
Conservation Commission Date
For: The public hearing was closed on:
242- October 6, 1999
ffiojea File Number Date
To:
Ralph Joyce, Esq. Title and Date of final Plans and Other Documents: ✓�
Aplif Name I _ oy
1
95 Main Street n(,, y,�
Mailing Address l f 'K S'I Y Ilk
North Andover, MA 01845
City/TownU a V 8
state Zip Code
The project site is located at:
NORTH ANDOVER
City/fown
98A 7
Assessors Map/Plat d Parcef/Lot/ f
and the property is recorded at the Registry of Deeds for:
I
Essex 2868 177
Coury Book Page
Certificate(if registered land)
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 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
3 Public Water Supply accordance with the Notice of Intent referenced above,the
IM Private Water Supply I following General Conditions,and any other special
[2 Groundwater Supply conditions attached to this Order.To the extent that the
g Flood Control following conditions modify or differ from the plans,
❑Land Containing Shellfish specifications,or other proposals submitted with the Notice
3 Fisheries of Intent,these conditions shall control.
®Storm Damage Prevention
12 Prevention of Pollution
Protection of Wildlife Habitat
f1......� ..F G
Massachusetts Department of invironmental Protection
Bureau of Resource Protection- Wetlands 2 4 2-
WPA Form 5 - Order of Condi ms
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain 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 Ad'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,VA DEP"]"File Number
exclusive privileges;it does not authorize any injury to 242_ 9 7� .11
il
private property or invasion of private rights.
Projea 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 extention 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.
k.o+ 7 Nt
5. This Order may be extended by the issuing authority for r- V
one or more periods of up to three years each upon I J 3 ( Fy -)A-519
application to the issuing authority at least 30 days prior to Dat�1i
the expiration date of the Order. 1' `� 49
6. Any fill used in connection with this project shall be clean silowdand Stamped by g PLS
fill. Any fill shall contain no trash,refuse,rubbish,or N O
On file with
f1......n..F G
A... 1 nlnn
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-'Wetlands 242-
WPA Form 5 Order of Concis
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
Commission in writing whether the change is significant NORTH ANDOVER
enough to require the filing of a new Notice of Intent. consmooncommiasion
hereby finds(check one that applies):
14.The Agent or members of the Conservation Commission
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. Name and cit wnofmunicipallaw,bylaw,or ordinance
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 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.
Jtthat the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work_ comply with a municipal law,.bylaw,or ordinance,specifi-
adjacent to a Bordering Vegetated Wetland,the boundary of ally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flagging. Once in place, 01p , ( V'441
U
the wetland boundary markers shall serve as the limit of ,vane 6 ovion of munialU law,bylaw,orordina
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-
in
orders that all the work shall be performed
in accordance with the said additional conditions and with
sion.
the Notice of latent 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
or
dina nal 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
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)
,S et &+thJX VImJi -7 -S
DEP FILE #242- 975
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
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 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.
C:\Winword\OOC\242-975.doc 1 NACC 10/$/99
DEP FILE #242 - 975
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 NACC previously denied this project under File No. 242-975.
However, the additional information submitted and reference in this
Order of Conditions substantially differs.
26.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.
27.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.
28.The proposed work includes: Construction of a single family home,
driveway, grading, utilities and necessary appurtenances within the
Buffer Zone to a Bordering Vegetated Wetland (BVW). Lot 7 Chestnut
Street.
29.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: Wetlands Preservation, Inc., representative
Ralph Joyce,applicant
Dated July 23, 1999, REV Aug 18, 1999
Site Plans prepared by: Christiansen &Sergi
Signed and Stamped by: Phil Christiansen, P.E. and Michael Sergi, RPLS
Dated July 22, 1999, REV 9/7/99
30.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 and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified
interests.
CAWinword\00C\242-975.doc 2 NACC 10/8/99
DEP FILE #242 - 975
31.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
32.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25`) No-Disturbance Zone and a fifty foot(50`) No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. 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.
33.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.
34.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.
35.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.
36.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.
CAWinword\000242-975.doc 3 NACC 10/8/99
DEP FILE#242 - 975
PRIOR TO CONSTRUCTION
37.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.
38.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.
39.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 242-975.
Expiration date=-----."
40.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.
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DEP FILE #242 - 975
41. 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.
42.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
43.Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The
proposed limit of work shall be shall be clearly marked with stakes or flags
and shall be confirmed by the NACC. Such markers shall be checked and
replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. All flags used for the above purposes shall be
of a color different from other flagging used on the site.
44.A row of double 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.
C:\Winword\00C\242-975.doc 5 NACC 10/8/99
DEP FILE #242 - 975
45.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 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.
46.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.
47.The applicant shall be responsible for placing signs on each parcel
designating the applicable lot number as depicted on the plans approved and
referenced herein.
48. If necessary, the NACC has the right to require the applicant to 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. If necessary, 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. if this condition is
imposed, the credentials of said Erosion Control Monitor(prior to
designation) shall be submitted for review and subsequent approval by
the NACC or an Agent thereof. This person shall be given the authority
to stop construction for erosion control purposes. In which case, 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 during each week in
which construction activities occurs on-site and for as long thereafter as
ground remains unstabilized, the applicant shall submit a written report 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 and that
approved setbacks are being adhered to. The erosion control monitor must
visually inspect all sedimentation/erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are
C:\Winword\000242-975.doc 6 NACC 10/8/99
DEP FILE #242 - 975
functioning as intended. In addition, all wetland resource areas must be
visually inspected for siltation, turbidity, and/or other water quality impacts.
49.The applicant shall stake out the foundation cornersP rior to construction for
projects including, but not limited to, single family homes, additions, decks,
pools, etc.
50.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.
51.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 terns 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\000242-975.doc 7 NACC 101$199
DEP FILE #242 - 975
DURING CONSTRUCTION
52.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
of the Commonwealth (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.
53.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.
54.The applicant has proposed to use Rea Street to access the lot in the rear
portion of the lot during construction activities and until the site is fully
stabilized with vegetative cover. The NACC agrees with this proposed
access route.
55.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.
56.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. ,
57.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
58.No re-grading 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.
59.There shall be no stockpiling of soil or other materials within twenty-five 25
P 9 Y ( )
feet of any resource area.
60.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
CAWinword\00C\242-975.doc 8 NACC 10/8/99
DEP FRE #242 - 975
61.All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource
area. There shall be no burying of spent construction materials or disposal
of waste on the site by any other means. The applicant shall maintain
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject to protection under the Act or
local ByLaw.
62.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
63.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
64.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.
65.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.
66.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.
CAWinword\00C\242-975.doc 9 NACC 10/8/99
DEP FILE #242 - 975
67.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A—"Request for Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trustor corporation to whom
the compliance into 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-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:
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas.
Structures include (but are not limited to) septic systems,
additions, fences, sheds, stone walls, pools, retaining walls,
subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes any disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
CAWi1iword\00C\242-975.doc 10 NACC 10/8/99
DEP FILE #242 - 975
68.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-
975. 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 (Condition#63);
➢ Prohibition of underground fuels (Condition#64);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions#65).
CAWinword\000\242-975.doc 11 NACC 10/8/99
DEP FILE #242- 975
APPENDIX A -AFFIDAVIT
� on oath da hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 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.
Wor
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
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. 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)
CAWinword\000242-975.doc 12 NACC 10/8/99
Massachusetts Department of Environtwntal Protection
Bureau of Resource Protection- Wetlands 242- 7�
WPA Form 5 - order of Conditions
and North Andover Wetland -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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
NORTH ANDOVER
Conservation 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:
conservation commission
I
Please be advised that the Order of Conditions for the project
at
Project Location DEP File Number
has been recorded at the Registry of Deeds of
County
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 which identifies this
transaction is
Insaumenr Number
If registered land,the document number which identifies this
transaction is
Document Number
Signature of Applicant
Massachusetts Department of Enviromwntal Protection 242-975
Bureau of Resource Protection- Wetlands
WPA Form 5 - Order of Con As
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
' Findings (cont)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant to General Conditions 14, 6th
from the date of issuance.
October 6, 1999 day of
October
Date
Month
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail Yea, 1999
(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.
.- Notary Pudic
December ll. 2003
My commission expires
X"," X4 This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
❑ by col l mail,r���MMM,on
October 7, 1999
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 subjea'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.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-CC
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 2 4 2_ j
WPA Appendix E . Request for Deparl'mental Action Fee Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Please type or
print clearly all 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
Mailing Address
City/Tawn
Citylfown
State Zip Code
state Zip Code
Phone Number
Phone Number
Fax Number(if applicable)
Fax Number(if applicable)
Project Location: DEP File Number:
Slree(Address
CJVTown
I
Instructions
1. When the departmental action request is for(check one): 2. On aseparate 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 Dopy 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.
hlassachuseitts Department of Environmental Protection DEP File Number
` Bureau of Resource Protection Wetlands
242-972
PA Form 5 - Order of Conditions for DEPuseonly
and North Andover Wetland
MassachLisetts Wetlands Protection A ct M.G.L. c. 131, X40 protection Bvlaw.
MApplicant Information `-
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER July 9, 1999
Ccn svarion Cjmm sfto Date
For: The public hearing was closed on:
242-972 July 21, 1999
F"gea Fiie Narr"T Date
To:
Ralph Joyce, Esquire Title and Date of final Plans and Other Documents:
Applicirx Name
95 Main Streett (� �atts
Mailing Address
North Andover, MA 01845
ctry,Town (P��R l2 W. -7L 1 q�
State Lp Code
The project site'is located at:
NORTH ANDOVER
Ciry9 gA 7
Asressors,titavP,'alY Parcedor
and the procemi is recorded at the Registrj of Deeds for:
Essex 2868 177
Counry Book page
C�rih�re;ilr��ruerdland)
'
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 91 the following conditions which are necessary,in accordance
area in which work is proposed is significan�"':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
C!�Pubiic Water Supply accordance with the Notice of Intent referenced above,the
G'FPrivate Water Supply following General Conditions,and any other special
LX Groundwater Supply conditions attached to this Order.To the extent that the
C3 Flood Control following conditions modify or differ from the plans,
❑ Land Conminin9Shellfish ash specifications,or other proposals submitted with the Notice
CkFisneres of Intent,these conditions shall control.
V Storm Damace Prevention
X prevention of Pollution
!3 Protec;icn of Wildlife Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
242-972
Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 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 ail administrative
to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an
on this proiect may not go forward unless and until anew 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 Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain 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
exciusive privileges; it does not authorize any injury to 242-972
private property or invasion of private rights.
Project File NumDa
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 tom 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 extention date
and the special circumstances warrantiix the extended Final Approved Plans(attach additional plan references as
time period are set forth as a special condition in this needed) :
Order. ��
el• � "17'
5. This Order may be extended by the issuing authority for Title a V
one or more periods of up to three years each upon /to /
-IL-7
application to the issuing authority at least 30 days prior to oarec
the expiration date of the Order. �h�' �-yS�j"S-e io
6. Any 5il used in connection with this project shall be clean slg/, nasrampe^by _—a
Fill. Any flil shall contain no trash, refuse, rubbish, or / Cc)Is
��v�
on file with
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-972
'BUPA Form 5 - Order of Conditions
— and North Andover Wetland
Massaci usetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
EFFindji7gs (cont.)
Findings as to municipal law, bylaw,or ordinance
13.Any chances to the plans identified in Condition #12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in wiv ,i'ing whether the change is significant
enough to require the Fling of a new Notice of Intent. consawdonCommission
hereby finds(check one that applies):
14.The Acent or members of the Conservation Commission
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. Name and ciationolmunicipallow,bylaw,or ordinance
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless
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 meat 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 that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law,bylaw,or ordinance,specifi-
adjacentto a Bordering Vegetated Wetland, the boundary of cally
the wetland in the vicinity of the proposed work area shall
be marked by wooden stakes or flaggipg. Once in place, V1 ig, -7 0 Cp '0 M/(
the wetland boundary markers shall serve as the limit of Name Ind caadon of munco law,bylaw, OrdironceP
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
in accordance with the said additional conditions and with
Sion.
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
erosion controls on a dally basis and shall remove - Additional conditions relating to municipal law,bylaw,or
accumulated sediments as needed. The applicant shall ordinance:
immediately control any erosion problems that occur at the ruched C'urtL(J! rmS
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.
special Conditions(Use additional paper if necessary)
DEP FILE #242 -972
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 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.
DEP FILE #242 -972
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 sewer line in Chestnut
Street from Woodlea Rd. extending north approximately 1,150 feet.
Construction to occur within the existing paved roadway within the
Buffer Zone to Bordering Vegetated Wetlands (BVW).
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: Ralph Joyce, applicant
Dated July 9, 1999
Site Plans prepared by: Christiansen & Sergi
Dated June 16, 1999, REV 7/7/99
Signed and Stamped by: Phil Christiansen, P.E.
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 and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified
interests.
30.The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein.
DEP FILE #242 - 972
31.The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25`) No-Disturbance Zone and a fifty foot(50`) No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area except as follows: erosion control to be installed parallel to the
roadway. Work is occuring within the existing pavement which does
not have a No Disturbance Zone associated with the wetland. 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.
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 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.
DEP FILE #242 - 972
PRIOR 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.Prior to construction, the applicant shall submit to the NACC, for review and
subsequent approval, a revised plan showing the proposed stub locations to
service individual homes/lots.
38.Prior to construction, the applicant shall be responsible for submitting to the
NACC, a letter from the Director of the Department of Public Works
approving subject sewer line and associated stub locations.
39.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, Fite Number 242-972
Expiration date=-----."
40.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 maybe 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.
41.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.
DEP FILE #242 -972
42.Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval, a detailed sequence of construction, including the
construction of compensation and retention areas, installation of
sedimentation/erosion control devices and re-vegetation to be completed
before other work begins on-site.
43.Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and
until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The
proposed limit of work shall be shall be clearly marked with stakes or flags
and shall be confirmed by the NACC. Such markers shall be checked and
replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur
beyond this line at any time. All flags used for the above purposes shall be
of a color different from other flagging used on the site.
44.A row of double 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.
45.The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of 30 (thirty) 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.
DEP FILE #242 - 972
46.A check payable to the Town of North Andover shall be provided in the
amount of$5,000 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.
47.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.
Credentials of said Erosion Control Monitor(prior to designation) shall
be submitted for review and subsequent approval by the NACC or an
Agent thereof. 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 during each week in which construction
activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report 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 and that approved setbacks are
being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as
intended. In addition, all wetland resource areas must be visually inspected
for siltation, turbidity, and/or other water quality impacts.
DEP FII.E #242 - 972
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.Upon beginning work, the applicant shall submit written progress reports
every other month detailing what work has been done in or near resource
areas, and what work is anticipated to be done over the next period. This will
update the construction sequence.
50.The sewer lines on the site shall be tested for water tightness in accordance
with North Andover DPW standards.
51.De-watering activities shall be supervised and witnessed by the designated
erosion control monitor. De-watering activities shall be monitored daily by
the erosion control monitor 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.
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.
DEP FILE #242 - 972
53.No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
54.No re-grading 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.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
57.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 100' of areas subject to protection under the Act
or local ByLaw.
58.Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
59.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 feat 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
60.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.
DEP FILE #242 - 972
61.Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen
ownitrogen 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.
62.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.
63.Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of
Compliance:
a. WPA Form 8A—"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they read and understood the recorded Order of Conditions prior
to purchasing their property.
e. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer of the Commonwealth, for the public
record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &
stormwater management structures constructed within 100 feet
of any wetland resource area. NOTE: If portions of the
stormwater systems exist partially within the Buffer Zone than
the entire structure must be depicted to accurately verify
compliance.
DEP FILE #242 - 972
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a resource area under the
local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas.
Structures include (but are not limited to) septic systems,
additions, fences, sheds, stone walls, pools, retaining walls,
subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes anv disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
64.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-
972. 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 (Condition # 59);
➢ Prohibition of underground fuels (Condition #60);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions#61).
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 24Z-972
WRA Form 5 - Order of Conditions
' and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 737, X40 Protection Bylaw.
OFindings (cont.)
This Order is valid for three years, unless otherwise specified On this
as a special concition pursuant to General Conditions #4, 4th
from the date of issuance.
August 4, 1999 day of
August
Dde
Notch
This Order must be signed by a majority of the conservation 1999
commission.The Order must be mailed by certified mail Yom`
(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 Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that helshe
executed the same as his/her free act and deed.
Nap Pubhc
December 11, 2003
my commission ecvires
This Order is issued to the applicant as fo iows:
❑ by hand delivery on
Dare
��:.�L!/✓Ci ❑ by cil mail, on
August 5, 1999
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`ta this Order,or the Order which is being appealed and how the Order does not
any ten residents atthe 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 tc 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
Ao endix Request`er Departmental Action Fee Transmittal no appellate jurisdiction.
. P
i '10 CMR 10.03 7 within ten business
�I as provided r s
Farm, ( )
days from the date of issuance of this Order.A copy of the
request slnad 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.
Massachusetts Department of Environnvntal Protection
Bureau of Resource Protection- Wetlands 242-972
W.P.A. Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
E. FReccrding 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
Consevacion Corrossion
on the form below,which must be stamped by the Registry of
Deeds.
Detach on dotted line and submit to the Conservation Commission.
--------------------
To:
COM'a"Var107 COmmiSSfOR i
Please be advised that the Order of Conditions for the project
at
Proje-1 bacon DEP file Number
has been recorded at the Registry of Deeds of
Ccurr/
and has been noted in the chain of title of the affected property
in
8cok
Psce
in accordance'Kith the Order of Conditions issued on
Dare
If recorded land,the instrument number which identifies this
transaction is
ommenf Numoer
If reoistered land,the document number which identifies this
transaction is
Deame.�,lumeer
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-972
P� Appendix E - Request for Departmental Action Fes Transmittal Form
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Please type or
tint dearly all is 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
Madino Address
Mailing Addr=
Crty/Town
Ciry/Town
State Zip Code
State Zip Code
Phone Number
Phone Numbs
Fax Numoe-(if acplicable)
Fax Number(Yaophcable)
Project Location: DEP File Number:
Sireet Addles
CityTown
1'
i
lnstructions
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-
Supersedine Determination of Applicability tion or Order is based on a municipal bylaw,and not on the
7-1 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.
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection— Wetlands
242-975
WRA. Form 5 - Order of Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 protection Bylaw.
Applicant Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER July 23. 1999
Conse^va(ion Commission Date
For: The public hearing was closed on:
242-975 - August 4, 1999
Project file Numoa- Date
To:
Title and Date of final Plans and Other Documents:
Ralph Joyce, Esquire 1x, -14
+ `_
Appitcarx,Name V — t o
rl
95 Main Street /�1 L
Mailing Address l�y r lL S4-rtP_A LlAk '
North Andover, MA 01845 l ,a
CaylTown T—t
State Zip Code
The project site is located at:
NORTH ANDOVER
Cky/Town
98A Lot 7
Assessors;Map/Pfat d Parcelllot i
and the property is recorded at the Registry of Deeds for.
Essex 2868 177
County Book Page
Cetificite(rTregisrelel land)
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*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
CXPublic Water Supply accordance with the Notice of Intent referenced above,the
IPrivate Water Supply following General Conditions,and any other special
Groundwater Supply conditions attached to this Order.To the extent that the
Q4lood Control following conditions modify or differ from the plans,
s ecifications,or other proposals submitted with the Notice
❑ Land Containing Shellfish P
[XFisheries of Intent,these conditions shall control.
CXStorm Damage Prevention
CX Prevention of Pollution
CXProtection of Wildlife Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-975
NAPA Form 5 - Order of Conditions
"' and North Andover Wetland
Massachusetts Wetlands Protection Act M.EL. C. 131, §40 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
l� the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain 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 242-975 "
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 extention 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.
A
5. This Order may be extended by the issuing authority for tine
one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to oared
the expiration date of the Order.
6. Any fill used in connection with this project shall be clean Signedandstamped by
fill. Any fill shall contain no trash,refuse, rubbish, or
On file with
n �..cc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-975
WDIA
17MForm5 - ®rust of Conditions and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Findings (cont.)
Findings as to municipal law, bylaw,or ordinance
13.Any chances to the plans identified in Condition#12 above Furthermore,the
shall require the applicant to inquire of the Conservation NORTH ANDOVER
Commission in writing whether the change is significant
enough to require the filing of a new Notice of Intent. conservanonCommission
hereby finds(check one that.applies):
14.The Agent or members of the Conservation Commission /
and Department of Environmental Protection shall have the Ig 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 Uw^ A!v/
any data deemed necessary by the Conservation Commis ,(7 D - a
sion or Department for that evaluation. Name =ion Ofmunici taw,bylaw,orordinance
Therefore,work on this project may not go forward unless
15.This Order of Conditions shaft 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 other person perform standards,and a final Order of Conditions is issued.
ing work conditioned by this Orderer..
El that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law,bylaw,or ordinance,specifi-
adjacent to aBordering Vegetated Weiland,the boundary of cally
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 serve as the limit of Name and a monOfmunicipaitaw,bylaw crordinance
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
in accordance with the said additional conditions and with
Sion.
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 ail 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
erosion controls on a daily basis and shall remove - Additional conditions relating to municipal law,bylaw,or
accumulated sediments as needed. The applicant shall ordinance:
immediately control any erosion problems that occur at the M IA
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.
Special Conditions(Use additional paper if necessary)
n...... 1 ..t c
Massachusetts Department of Environmental Protection
DEP File Number
Bureau of Resource Protection— Wetlands
Conditions
K Form 5 - Order ®f Conditions for DEP use only
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
Applic®nt Information
From: The Notice of Intent for this project was filed on:
NORTH ANDOVER July 23, 1999
CJfis--ato Commitzioa Date
For: The public hearing was closed on:
242-976 August 4, 1999
Praiea File h'u,^bP Date
To:
Ralph Joyce, Esq. Title and Date of final Plans and other Documents:
AppdaynVame Nnwkii o4 4wt - I o4 901
95 Main Street t (,, �1� ,,,,, J �0,�
Mailing Address C p!J7 rel)"+' StT �.C/� Ja`r &
North Andover, MA 01845
City/ravm `Sulu ;ja, +9aq REV 0_;t_9c1
State Zip Code
The project site is located at:
NORTH ANDOVER
City/town
98A Lot 8
tssesscrs,�ap P!at} Parca�/Lot}
and the property is recorded at the Registry of Deeds for.
Essex 2868 177
C-9y Book Page
Cafnfic-(e'ilre'�iuered iane)
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 significanh;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
E Public'NaterSupply accordance with the Notice of Intent referenced above, the
K Private Water Supply followina General Conditions,and any other special
K Groundwater Supply conditions attached to this Order.To the extent that the
R]Flood Control following conditions modify or differ from the plans,
El Land Containing Shellfish specifications,or other proposals submitted with the Notice
n, Fisheries of Intent, these conditions shall control
LKI Stcrm Damaee Prevention
K Prevention of Pollution
K Protecticn of I icUe Habitat
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands 242-976
WDA Form 5 Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 protection Bylaw.
WR�indinqgq�s (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
GT the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located,
to describe the site,the work,or the effect of the work on within the chain 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 242-976
private property or invasion of private rights.
Project file Numbe
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 Aa;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 extention 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.
1
5. This Order may be extended by the issuing authority for Title
one or more periods of up to three years each upon
application to the issuing authority at least 30 days prior to Dated
the expiration date of the Order.
6. Any ill used in connection with this project shall be clean Signed and stamped by
fill. Any fill shall contain no trash,refuse, rubbish, or
On 61e with
n rc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-976
Y11PA Form J - order of Conditions and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw.
13 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 writing whether the change is significant
enough to require the filing of a new Notice of Intent. consemoon commission
hereby finds(check one that applies):
14.The Acent or members of the Conservation Commission /
and Department of Environmental Protection shall have the C�'thatthe 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 r` &m-
sion or Department for that evaluation. Name and Atonofmunicipali bylaw,or ordinance
15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless
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 other person perform- standards,and a final Order of Conditions is issued.
ing work conditioned by this Orderer..
[I that the following additional conditions are necessary to
16.Prior to the start of work,and if the project involves work comply with a municipal law, bylaw,or ordinance,specifi-
adjacentto a Bordering Vegetated Wetland,the boundary of ally
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 serve as the limit of Name and citation o/municipal law,bylaw,orordimnca
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
in accordance with the said additional conditions and with
sion.
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 N
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.
Special Conditions (Use additional paper if necessary)
DEP FILE#242-976
DENIAL
FINDINGS OF FACT;_
1. Overview
Ii ant filed a Notice of intent with the North Andover Conservation
The app c hearing was
• 9� an initial pubh g
held
Commission (NACC) on July 23, 199 , posted appropriately in
within the 21 day time requirement(8-4-99) and was osed on 8-4 99
the.North Andover Citizen. The public hearing was
VOTE 3-2-0) and this decision was rendered and issued within successful
day
time requirement. The wetland depiction on the plan was a
replication area associated with a subdivision located directly across the
street.
11. Record Documents
Ralph Joyce, applicant
Notice of Intent filed by:
Wetlands preservation Inc.,representative
Dated July 23, 1:999
Plans prepared by: Christiansen& Sergi
Entitled "Notice of Intent-Lot 8 Chestnut
Street
if
Dated July 22, 1999
Christiansen & Sergi
Entitled "Notice of Intent-Lot 8 Chestnut
Street
"Jul 22 1999,REV 8-2-99
Dated y
III.
North Andover Wetland Bylaw (C. 178 of the Code of North
Andover)
This Bylaw is intended to utilize the Home Rule authority of this values,
with
municipality to protect additional resource areas, for additional
the Wetlands
additional standards and. stridC�he er than
dations (310 CMR 10.00).
protection Act(M.G.L. C.131 S.40) an
Dep#242-976 Nacc
I
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-976
WDA Form 5 - Order of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw.
Findings (cont.)
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 18th
from the date of issuance.
August 18, 1999 day of
August
ode
Worxh
This Order must be signed by a majority of the conservation
commission.The Order must be mailed by certified mail Year 1999
(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 ffice of the Department of Albert P. Manzi, Jr.
Environmental Protection.
'I to me known to be the person described in and who executed
Signatures/ /f the foregoing instrument and acknowledged that he/she
executed the same as his/her free act and deed.
Notary Pub&c
December ll. 2003
Wy commission expires
This Order is issued to the applicant as follows:
y� 0 by hand delivery on
/" r• p
Gare
❑ bye §Lmail, on
,,�
August 1911999
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.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
DeP artment,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, asP rovided 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...... w ..ac
1 N..1chusetts Department of Environmental Protection
beau of Resource Protection- Wetlands 242-975
11UPA Append x 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 IM 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
Marling Address
Mailing Address
City/Town
City/Town
State Zip Code
State Zip Code
Phone Number
Phare Number
Fax Number(if app/icabie)
r Fax Number(if applicable)
Project Location: DEP File Number:
Street Address
C0/Town
I ;
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..,.,, v
DEP FILE#242-975
q
DENIAL
FINDINGS OFF
ACT.
L Overview
The applicant filed a Notice of Intent with the North Andover Conservation
Commission (NACC) on July 23, 1999; an initial public hearing was held
within the 21 day time requirement (8-4-99) and was posted appropriately in
the North Andover Citizen. The public hearing was closed on 84-99
(VOTE 3-2-0) and this decision was rendered and issued within the 21 day
time requirement. The wetland depiction on the plan was a successful
replication area associated with a subdivision located directly across the
street.
H. Record Documents
Notice of Intent filed by: Ralph Joyce, applicant
Wetlands Preservation Inc., representative
Dated July 23, 1999
Plans prepared by: Christiansen & Sergi
Entitled "Notice of Intent-Lot 7 Chestnut
Street"
Dated July 22, 1999
Christiansen & Sergi
Entitled "Notice of Intent-Lot 7 Chestnut
Street"
Dated July 22, 1999, REV 8-2-99
III. North Andover Wetland Bylaw (C. 178 of the Code of North
Andover)
This Bylaw is intended to utilize the Home Rule authority of this
municipality to protect additional resource areas, for additional values, with
additional standards and procedures stricter than those of the Wetlands
Protection Act (M.G.L. C.131 S.40) and the Regulations (3 10 CMR 10.00).
Dep#242-975 Nacc
DEP FILE#242-975
The additional areas subject to protection under the Bylaw include the buffer
zone, smaller ponds, ephemeral pools and certain freshwater wetlands that
may not meet the definition of Bordering Vegetated Wetlands under the Act.
Section 178.4
In order to comply with the provisions of this Bylaw, each application must
be complete as filed, and must comply with the rules set forth herein and the
Commission's Regulations.
IV. North Andover Wetland Rules and Regulations (Section 178.9)
Section VI(a)-Notice of Intent
Submission of incomplete or inadequate information or a failure to meet the
burden of proof may result in extensive delays and continuations in the
review and approval procedure. Failure to supply adequate and credible
documentation describing the impact of the project on resource areas may
result in the issuance of a decision prohibiting the work.
V. Massachusetts Wetlands Protection Act Regulations (3 10 CMR
10.00):
310 CMR 10.05(6)(c):
If the Commission finds that 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 M.G.L. C.131 5.4011 it may issue an Order of
Conditions prohibiting the work. The Order shall specify the information
which is lacking and why it is necessary.
Therefore, the NACC hereby finds that the submitted Notice of Intent,
supporting analysis and the work proposed and described therein does not
conform to the following above Regulations and is hereby denying the
project for a lack of sufficient information including but not limited to:
1. The project description in the Notice of Intent application
contradicts the original plans submitted.
Dep#242-975 Nacc
DEP FILE#242-975
2. Revised plans were submitted at the opening of the public hearing
not conforming with section 178.4 of the North Andover Wetlands
Protection Bylaw.
3. Erosion control measures as proposed did not adequately protect
the resource area across the street as work in the roadway was
DEP FILE#242-976
2. Revised plans were submitted at the opening of the public hearing
not conforming with section 178.4 of the North Andover Wetlands
Protection Bylaw.
3. Erosion control measures as proposed did not adequately protect
the resource area across the street as work in the roadway was
proposed.
No work shall be performed on this project. The applicant has
failed to demonstrate compliance with the Massachusetts
Wetlands Protection Act and the North Andover Wetlands
Protection Bylaw. The applicant has failed to overcome the
burden of proof(310 CMR 10.03 (a)) and demonstrate to the
Commission that the proposed work will not negatively impact
the interests identified in M.G.L. C.131 S.40. The applicant
may propose alternative projects or improvements to the plan
in a new Notice of Intent (DEP Policy 88-3).
Dep#242-976 Nacc
DEP FILE#242-976
2. Revised plans were submitted at the opening of the public hearing
not conforming with section 178.4 of the North Andover Wetlands
Protection Bylaw.
3. Erosion control measures as proposed did not adequately protect
the resource area across the street as work in the roadway was
proposed.
No work shall be performed on this project. The applicant has
failed to demonstrate compliance with the Massachusetts
Wetlands Protection Act and the North Andover Wetlands
Protection Bylaw. The applicant has failed to overcome the
burden of proof(310 CMR 10.03 (a)) and demonstrate to the
Commission that the proposed work will not negatively impact
the interests identified in M.G.L. C.131 S.40. The applicant
may propose alternative projects or improvements to the plan
in a new Notice of Intent (DEP Policy 88-3).
Dep#242-976 Nacc
DEP FILE#242-975
2. Revised plans were submitted at the opening of the public hearing
not conforming with section 178.4 of the North Andover Wetlands
Protection Bylaw.
3. Erosion control measures as proposed did not adequately protect
the resource area across the street as work in the roadway was
proposed.
No work shall be performed on this project. The applicant has
failed to demonstrate compliance with the Massachusetts
Wetlands Protection Act and the North Andover Wetlands
Protection Bylaw. The applicant has failed to overcome the
burden of proof(310 CMR 10.03 (a)) and demonstrate to the
Commission that the proposed work will not negatively impact
the interests identified in M.G.L. C.131 S.40. The applicant
may propose alternative projects or improvements to the plan
in a new Notice of Intent (DEP Policy 88-3).
Dep#242-975 Nacc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands 242-975
NAPA Form 5 - Order of Conditions and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw.
Findings (cont.)
This Order is valid for three years, unless otherwise specified On this
as a special condition pursuant to General Conditions#4, 18th
from the date of issuance.
August 18, 1999 day of August
Date
MOM
This Order must be signed by a majority of the conservation 1999
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 Albert P. Manzi, Jr.
time to the appropriate regional office of the Department of
Environmental Protection.
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that he/she
t executed the same as his/her free act and deed.
A, ILI
Notary Public
"OeDecember 11, 200
My commission expires
This Order is issued to the applicant as follows:
❑ by hand delivery on
f Date
❑ by d9tilq&Nmaii, € r € i .on
August 19, 1999
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�o this Order,or the Order which is being appealed and how the Order does not
any ten residents ot;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.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 „o c
Massachusetts Department of Environn;ental Protection
Bureau of Resource Protection- Wetlands 242-975
W.93 Form 5 - order of Conditions
Massachusetts Wetlands Protection Act M.EL. C. 131, §40 and North Andover Wetland
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
NORTH ANDOVER
Conservation 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:
Conservation Commission
Please be advised that the Order of Conditions for the project
at
Project L ocxon 0£P File Number
has been recorded at the Registry of Deeds of
County
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 which identifies this
transaction is
Insoumenr Number
If registered land,the document number which identifies this
transaction is
Docvme..t?lumbo
Sigramre vlApplicaru