HomeMy WebLinkAboutCOPLEY DEVELOPMENT i
Form 5
I DEP Re No. I 242-904
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Commonwealth CdyrTown North Andover
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Order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131 , d40
and under the Town of North Andover's Bylaw Chapter 178.
From NORTH ANDOVER CONSERVATION COtLHISSION
Veronica Mandry
To Copley Development Amy Channen
(Name of Applicant) (Name of property owner)
50 Copley Drive 219 Summer St, No. Andover
Methuen, MA 01844 67 Cricket Lane, No. Andover
Address Address
This Order is issued and delivered as follows:
C by hand delivery to applicant or representative on {{ q ',f (date)
by certified mail, return receipt requested on �.�l1 �F (date)
!'his project is located at End of Crickett Lane, road, lots 1 — 8 & 10
The property is recorded at the Registry of Nar l e ru r a
Ecok 1486,_ 4652 Page 156, 9
Certificatd (if registered)
The Notice of Intent for this project was filed on March 19, 1998 (dote)
Al
The public hearing was closed on LhL (date)
Findings
The North Andover Conservation Commission has reviewed the above•(efere,Tced Nolice of
Intent and pians and has held a public hearing on the project. Based on the intormolten a4a+laele Ic Ille
N 1CCat this time, the �ti(' _ 11,-,S delerrl,ined Ihnl
the area on which the prcccsed work is to be done is significant to the (cilowing interests in occoronnce with
the Presumptions of SignificaCCLLce a( to in the re ula ,ons !or each Area Subject to Protec:,on Under the
H' 178 Recreation
Act (check as aGprepriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178X Wildlife
Pubiic water supply Flood control ❑ L-ind containing sheillish
Private water supply Storm damage prevention [ Fisheries
Ground water supply � Prevention of pollution Protection of wildlife habitat'
$3525.00 i �r, $1750_00
Total Filing r=oe Submitted Slate Sha _
City!7own Share $1775-00 (' , lee in nxco.-
Total Refund Due S Cily(Town Portion S State Porticn S
('/z total) (1/7 to(al) ._
DEP FILE#242 - 904 Z abed•
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
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
2. 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.
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, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. 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 VIII (p.15)
of the North Andover Wetland Regulations).
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6. 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.
7. 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.
8. 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.
9. 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.
10. Any future project which proposes a wetland crossing in order to access
certain portions of the property will not be qualified as a limited project
roadway under 310 CMR 10.53(e).
11. The proposed work includes: Construction of a roadway,eleven dwellings,utilities
and appurtenances within a Bordering Vegetated Wetland and the Buffer Zone.
12. 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: Copley Development,Inc.
DATED 3-19-98
Wetland Mitigation
Plan Prepared by: Wetlands Preservation,Inc.
Entitled"Revised Wetland Replacement Plan"
DATED 12-23-97
Site Stabilization Plan
Prepared by: Wetlands Preservation,Inc.
Entitled"Erosion&Sediment Control Plan"
DATED REV 3-31-98
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Drainage Calculations
Prepared by: Merrimack Engineering Services,Inc.
Entitled"Storm Water Analysis"
DATED REV 6-5-98
Plans prepared by: Merrimack Engineering Services,Inc.
Entitled"Walnut Ridge,NA,Mass."
Sheets: 1 through 14
DATED REV 6-22-98
Entitled"Proposed PIot Plan(s)"
Lots 1 through 10
DATED REV 6-3-98
13. The following wetland resource areas are affected by the proposed work:
Bordering Vegetated Wetland (BVW) and the Buffer Zone associated with
this resource area and the Vernal Pool identified during the public hearing
process. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above. These resource areas are also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not
attempted to overcome the presumption of significance of these resource
areas to the identified interests.
14. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
15. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot (25) No-Disturbance Zone and a fifty foot (50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except where otherwise indicated on the approved plans referenced herein.
The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in
the No-Disturbance Zone (See Appendix 5 of the local Regulations).
16. 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.
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17. 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.
18. 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.
19. The NACC finds the applicant's proposal for 400 sq. ft. of wetland
replication to be adequate. The replication areas shall be constructed prior
to other construction activity on site and this sequence shall be reflected in
the construction sequence. Refer to Section VI(E), Wetland Replacement or
Restoration, of the "Wetland Regulations for the Town of North Andover" (page 13)
for performance standards.
20. 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.
PRIOR TO CONSTRUCTION
21. 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.
22. 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
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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.
23. 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 242-904"
24. 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.
25. 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.
26. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing plan for construction and erosion and sedimentation
control with supporting plans and details as appropriate. Prior to any work
commencing on-site, the applicant shall submit to the NACC for approval, a
detailed sequence of construction, including the construction of
compensation and retention areas, and revegetation to be completed before
other work begins on-site.
27. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
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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.
28. A row of staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control
barrier will be properly installed and placed as shown on the plans approved
and referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC. The NACC
reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site.
For example,installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions.
Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
29. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of fifty (50) 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.
30. A check payable to the Town of North Andover shall be provided in the
amount of$44,200 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 authorityof the local B Law.
By
Law.
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DEP FILE #242 - 904
31. 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.
32. The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period,including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. At least once 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.
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.
33. 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 and has provided said
copy to the buyer. This document shall be provided to the Conservation
Department at least five (5) business days prior to the closing of said land
transaction.
34. Prior to construction the applicant shall submit a revised "Operation &
Maintenance Plan" incorporating a monthly inspection schedule specific
to the proposed Vortex Units. Copies of these inspection reports, certified
by a Registered Professional Engineer, shall be submitted to the NACC
and DPW within one week of said inspection. This monthly inspection
requirement shall be for the first year of use initiating after the installation
of the binder and subject to DPW approval.
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35. Prior to construction the developer shall provide a pre-paid service contract
with a suitable firm hired to provide inspection and cleaning services. The
time period for this contract shall be at least 5 years in length beginning after
the first year described in Condition #34 above. The proposed firm and
inspection schedule shall be approved by the Department of Public Works
and the North Andover Conservation Department. This schedule shall be
determined from the results of the first year of inspection and may be
amended during the contract life if deemed necessary.
36. Prior to construction, the applicant shall permanently mark the edge of the
"No-Disturbance Zone"with signs or markers designating their sensitivity
(spaced evenly every 50 feet). This will ensure no further inadvertent
encroachment into the wetland. These permanent markers (including
applicable text) are subject to review and approval by the NACC prior to
their placement in the field. The applicant shall instruct all agents to
explain these markers to buyers/lessees/landscapers and all persons taking
over the property from the applicant.
37. 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).
38. Upon a satisfactory pre-construction meeting with the Conservation
Department,the applicant shall be responsible for constructing the
approved boardwalk crossings and blazing the trail route as depicted on
the plans referenced herein. The boardwalk(s) must be completed prior to
any work associated with the construction of the roadway and/or
residential subdivision.
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SUBDIVISION LOT DEVELOPMENT
39. During the construction of each individual lot but prior to the pouring of the
foundation, test pits shall be performed to confirm soil conditions at the
specific location of each leaching pit. Individual lot designs shall be re-
submitted to the NACC for review and subsequent approval if dwelling
designs differ substantially from the approved location.
40. The lots on which wetland replication areas are proposed shall not be
developed for residential construction until after the NACC has approved the
completed wetland replication areas.
41. The NACC shall be notified in writing of any lot line or number changes
with a copy of a plan showing these changes prior to any work on these lots.
DURING CONSTRUCTION
42. Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with each lot,the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor
(R.P.L.S.) which accurately depicts the foundation location and it's proximity
to wetland resource areas as approved under this Order of Conditions. Said
plan shall be submitted to the Conservation Administrator for approval.
(Note: The certified plot plan forwarded to the building inspector does not
satisfy this condition. The Conservation Department must be furnished with
a plan that accurately depicts the foundation from the edge of the wetland
resource area in order to verify the 50' No-Construction Zone setback).
43. 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.
44. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for
Compliance.
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45. The sewer lines on the site, where they cross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW
standards.
46. Approved de-watering activities anticipated at the roadway entrance location
shall be supervised and witnessed by the designated "Erosion Control
Monitor". This designee must be on-site while work specific to the roadway
wetland crossing is occurring and until this section is complete. De-watering
activities shall be conducted as shown on the approved plans and 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.
47. 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.
48. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
49. No regrading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
50. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
51. After proper grading, all disturbed areas located within a resource area
which will not remain as wetland areas, shall be loamed (minimum of 4" of
quality loam), and seeded. This shall all be done in accordance with SCS
guidelines. All disturbed areas located within wetland resource areas which
are to be only temporarily disturbed during construction, shall be restored to
their original grade, soil profile and vegetative cover. Soil used for this
purpose will either be wetlands topsoil or a minimum of 4" of qualm loam.
52. Washings from concrete trucks,or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
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53. 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.
54. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
55. 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
56. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100) feet of any wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland protection
ByLaw.
57. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland
resource area. This condition is issued under the authority of the Town's
Wetland Protection ByLaw and shall remain in perpetuity.
58. 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.
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59. 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. A letter from the applicant requesting a Certificate of Compliance.
b. The name and address of the current landowner.
c. Signed statements from the individual property owners shall be
submitted with the request for a Certificate of Compliance indicating
that they have read and understood the Order of Conditions prior to
purchasing their property including, but not limited to Appendix A.
d. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
e. The street address and assessor's map/parcel number for the project.
f. The DEP file number.
g. A written statement from a Registered Professional Civil Engineer and
Registered Professional Land Surveyor of the Commonwealth
certifying that the work has been conducted as shown on the plan(s)
and documents referenced above, and as conditioned by the
Commission.
h. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and a Registered Professional Land
Surveyor 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.
➢ "As-Built" post:development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a wetland under the local
wetland bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, and approved decks.
A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes a_y disturbapce of
soils or vegetation.
Location of all subsurface utilities entering the property.
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60. 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 # 242-904.
Future work within 100' of existing wetland resource areas will
require a separate filing with the NACC (refer to Section XI
(page 18) of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these
setbacks as established under the local ByLaw;
➢ Maintenance of catch basins (Condition #44);
Discharge or spillage of pollutants (Condition #55);
➢ Prohibition of underground fuels (Condition #56);
➢ Limitations on the use of fertilizers,herbicides, and pesticides
(Conditions #57).
➢ The "Stormwater Operations and Management Plan", including
Best Management Practices. No additional filings will be
required to conduct maintenance of the above referenced
system and plan.
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Appendix "A"
AFFIDAVIT
I, on oath do
(authorized agent applicant and/or current owner)
hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOCK
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this day of 199_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
C:\winword\00C\242-904.doc 14 NACC 7/16/98
242-904
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siq CMR( 10,99
For,m; S
DEP Fits No.
! .. ` 242-892
` (lo be trwrsM by UE1')
Commonwealth c11y,lown North Andover
- -' t of Massachusetts Copley Development
Aoohcant
Order of Conditions
Massachusetts Wetlands Protection Act
-G.L. c. 131 , §4t)
and under the Town of North Andover's Bylaw Chapter _178
From NORTH ANDOVER CONSERVATION C01,11IISSION
Veronica Mandry
To Copley Development Amy Channen
(Name of Applicant) ((Jame of property ownerI
50 Copley Drive 219 Summer Street, No. Andover, MA
Methuen, MA 01844 67 Cricket Lane, No. Andover, MA
Address Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on fdatei
❑ by certified mail, return receipt requested on 3/19/98 (dale)
This project is located at Crickett Lane ' Road, Lots 1-8 & 10
The property is recorded at the Registry of Nn rhe rt, Essex _
1486 156
Book • 4652 Page 9
Certificate(if registered)
The Notice of Intent for this project was filed on 11/21/97 (date)
° The public hearing was closed on 3/4/98 (date)
Findings
The North Andover Conservation Commission has reviewed [tie above-referenced tJolice of
Intent and plans and has held a public hearing on the project. Based on the information availaoie tc the
NACC at this time, the __S1dC(' _ Nis delermined that
the area on which the proposed work is to be dorie is significant to the following interests in accordance v.ith
the Presumptions of Significa ce 5 10 in the re gtatrons 'or each Area Subject to Protection Under the
18 Recreation
Act (check as appropriate): Ch.178 Prevention of Erosion & Sedimentation Ch. 178X Wildlife
Pubiic water supply Flood control ❑ Uind containing shelf fish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of wildlife habitat-
$17.50.00
Total Filing Fee Submitted 3525.00 State Share _
City/Town Share $1775.00 (V: fee in rizct'Ss of ?�►
Total Refund Due S City[Town Portion S State Portion S
(1/z total) (Yz total)
5. 1. - _ _-
DEP FILE#242 - 892
DENIAL
FINDINGS OF FACT:
I. Overview
The applicant filed a Notice of Intent with the North Andover Conservation Commission
(NACC) on 11-21-97; an initial public hearing was held within the 21 day time requirement
(12-3-97) and was posted appropriately in the North Andover Citizen. The wetland
delineation depicted on the plan of record was approved in the field by the Conservation
Administrator and accepted by the NACC through a prior Determination of Applicability. In
addition,the NACC performed a site inspection on 12-6-97 in order to sufficiently and
adequately review the applicant's proposal. The public hearing was continued to the
following dates per the written request of the applicant:
➢ 12-17-97 (applicant was instructed to re-advertise);
➢ 1-21-98 (applicant was again instructed to re-advertise);
➢ 2-4-98
➢ 2-18-98
➢ 3-4-98
The public hearing was closed on 3-4-98 (VOTE 7-0-0) and this decision was rendered and
issued within the 21 day time requirement.
11. Record Documents
Notice of Intent filed by: Copley Development
DATED 11-21-97
Plans prepared by: Merrimack Engineering Services, Inc.
entitled "Definitive Plan —Walnut Ridge Subdivision"
Sheets 1 through 10
DATED REV 12-6-97
CAWinword\000242-892.doc 1 NACC 3/19/98
DEP FILE #242 - 892
III. North Andover Wetland ByLaw (Ch. 178 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 (G.L. C.131. S.40) and Regulations (310
CMR 10.00). The additional areas subject to protection under the ByLaw include the buffer
zone, smaller ponds, vernal 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 Regulations (Section 178.9)
Section IV(c)(2) —Incomplete Application:
If the Commission determines that an application is incomplete or improper,it shall
notify the applicant within 21 days of the date of receipt. The Commission may, at its
discretion:
1. Return the entire application, in which case all required time periods for
processing the application shall become invalid.
IL Require that additional information or materials be submitted within a specified
period of time.
Section V(b) —Site Plans:
In order to demonstrate full compliance with this North Andover ByLaw and these
Regulations,the applicant has the burden of proof to completely describe the site,the
work, and its effect on wetlands and the interests they protect. The applicant is
obligated to demonstrate that the work subject to regulation under this ByLaw and
Regulations can be performed in a manner that meets all applicable performance
standards and does not result in an impact to wetland resource areas.
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
CAWinword\OOC\242-892.doc 2 NACC 3/19/98
DEP FILE#242 - 892
impact of the project on resource areas may result in the issuance of a decision
prohibiting the work.
V. Massachusetts Wetland Protection Act Regulations (310 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. s.40, 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 North Andover Conservation Commission (hereafter 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 Regulations:
1. Section 178.4—North Andover Wetland ByLaw
2. Section V(b) &VI(a-c) —North Andover Wetland Regulations
3. 310 CMR 10.05(6)(C)
In accordance with Section IV(C)(2) of the North Andover Wetland Regulations and 310 CMR
10.05(6)(c) the NACC hereby denies this project for a lack of sufficient information. No
work shall be performed on this project. The applicant has failed to demonstrate
compliance with DEP's "Stormwater Management Policy" and Section VI of the local wetland
regulations. The applicant has failed to overcome the burden of proof (3 10 CMR 10.03(1)
and demonstrate to the Commission that proposed work will not negatively impact the
interests identified in MGL 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).
CAWinword\00C\242-892.doc 3 NACC 3/19/98
D.E.,P. /1242- 892
.242-892
Issued By NO4erH ANDOV Conservation Commission
Signalurew ti
��-�-�a- � a C� -ALS R..(�Q•��.�nc..�Q,
a--r
This Order must be signed by a majority of the Conservation Commission.
On this 18th day of March 19 98 before me
personally appeared Joseph W. Lvnch. Jr. , 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 Public My commission expires
The acafirsnt,tale owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department of
Enysrcnrnsntal QLality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Dopar rent,with the-appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days irorn Ilse 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 the applicant.
tl you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court in accordance with M.G.L.
Chapter 249 S.4
RECORDING INFORMATION:
Detach on dotted line and submit to the North Andover Conservation Comm_prior to commencement of work.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover tA 01815
sswng Aul iorily
To
Please be advised that the Order of Conditions for the project at
File Number 242-892 has been recorded at the Registry of Deeds , Northern Essex and
has been noted in the chain of title of the alfected property in accordance with General Condition 8 on 19-
It
9 ---If recorded land, the instrument number which identities this transaction is
It registered land. the document number which identifies this transaction is_ --•--- ---
Signature Applicant
5-aA
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40
Ll
242-904
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Copely Development
computer, use Name
only the tab
key to move 50 Copely Dr.
your cursor- Mailing Address
do not use the Methuen MA 01844
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:
Copely Development
Name
7/15/98 242-904
Dated DEP File Number
3. The project site is located at:
Crickett Ln. lot 1-8& 10 North Andover
Street Address Cityfrown
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
A.C. Builders Inca
Property Owner(if different)
Essex 1486/4652 156/9
County Book Page
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:
® 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 thi partial certification that have been completed and are released from this Order are:
wpaform Bb.doc•rev.10/5/01 Page 1 of 3
i, Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 8B — Certificate of Compliance
242-904
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 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:
C. Authorization
Issued by:
North Andover
Conservation Commission Date of Issuance
This Certificate must be signed b majority of the Conservation Commission and a copy sent to the
applicant and appropriate DE egional Office(See Appendix A).
Signatures:
OP Of
Day Month and Year
before-me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/ he executed the same as his/her free act and deed.
UNDA DIANE MAGEE
Notary Public
Notary Pu '
My mm Expires
Febru 14,200B
wpaform 8b.doc•rev.10/5/01 Page 2 of 3
s
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
L11 WPA Form 8B — Certificate of Compliance
242-904
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:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc-rev.10/5/01 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 Haffield 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 Mendon 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 Wellfleet
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 Waftham
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 Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•Appendix A•rev.10/5/01 Page 1 of 1