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HomeMy WebLinkAboutUntitled (18) t AR Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 8B — Certificate of Compliance 242-1499 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to forms on the computer, use Thomas D. Zahoruiko, Meetinghouse Commons LLC only the tab key Name to move your 78 Great Pond Road f cursor-do not Mailing Address use the return g key. North Andover MA 01845 City/Town State Zip Code 46, 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: „:=X:. Thomas D. Zahoruiko, Meetinghouse Commons LLC AVM Name October 28, 2010 242-1499 Dated DEP File Number 1 3. The project site is located at: I Ciderpress Way North Andover Street Address City/Town Map 104C Parcel 31 Assessors Map/Plat Number Parcel/Lot Number F the final Order of Condition was recorded at the Registry of Deeds for: Thomas D. Zahoruiko Property Owner(if different) Essex Northern 13832 95 I- County Book Page 1i Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/8/14 Date 1 ( wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 i` s • y', ,r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1499 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ 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 The Order of Conditions has lapsed and is therefore no longer valid.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 Dat f Issue ce This Certificate must be signed by a majority of the C.nservation Commission and a copy sent to the applicant and appropriate DEP Reg'. al Office(See htt•://www.mass.•ov/de•/a•iut/re•ion/find our.htm Signatures: / tl j) t1 4 - L& ' v MOW wpafrm8b doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1499 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: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: Ciderpress Way 242-1499 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern 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 wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5-Order of Conditions eDEP Transaction#:344869 1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. 17 OOC b.P Amended OOC 3.Applicant Details a.First Name TOM b.Last Name ZAHORUIKO c.Organization MEETINGHOUSE COMMONS LLC d.Mailing Address 115 CARTER FIELD ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a First Name TOM b.Last Name ZAHORUIKO c.Organization MEETINGHOUSE COMMONS LLC d.Mailing Address 115 CARTER FIELD ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address CIDERPRESS WAY b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 104C e.Parcel/Lot# 31 f Latitude 42.68513N g.Longitude 71.07093W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 8941 220 7.Dates a.Date NOI Filed: 10/4/2010 b.Date Public Hearing Closed: 10/27/2010 c.Date Of Issuance: 10/28/2010 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: MEETINGHOUSE MHF DESIGN COMMONS AT CONSULTANTS,INC. FRANK G.MONTIERO,P.E. 9/8/10 1"=20' SMOLAK FARMS B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5 -Order of Conditions eDEP Transaction#:344869 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f cubic feet 9.IT Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.IT Designated Port Areas Indicate size under Land Under the Ocean,below 11.1—Land Under the Ocean a square feet b.square feet c.c/y dredged d.c/y dredged 12.IT Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.IT Coastal Dunes a square feet b.square feet c.c/y nourishment d.dy nourishment 15.IT Coastal Banks a linear feet b.linear feet 16.IT Rocky Intertidal Shores a square feet b.square feet 17.IT Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.IT Land Under Salt Ponds a square feet b.square feet c.c/y dredged d.c/y dredged 19.1—Land Containing Shellfish a square feet b.square feet c.square feet d.square feet Page 3 of 10* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5-Order of Conditions eDEP Transaction#:344869 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP") File Number:"242-1499" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)[- subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stomiwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stomiwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized; any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Page 5 of 10* ELECTRONIC COPY I LiMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5-Order of Conditions eDEP Transaction#:344869 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER t i 1 1 i €` Page 7 of 10*ELECTRONIC COPY f t! I I I DEP FILE #242 - 1499 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 20. The proposed work includes: the construction of a four unit townhouse building and associated access drives off of Ciderpress Way/Meetinghouse Commons Development (DEP File #242-1114)with appurtenant site work and grading within 100 feet of Bordering Vegetated Wetland (BVW). 21. The work shall conform to the following: Applicant: Tom Zahoruiko Meetinghouse Commons, LLC 115 Carter Field Road North Andover, MA 01845 Notice of Intent filed by: Julie Vondrak Epsilon Associates, Inc. 3 Clock Tower Place, Suite 250 Maynard, MA 01745 Date: October 1, 2010 Site Plans prepared by: MHF Design Consultants, Inc. 44 Stiles Road, Suite One Salem, NH 03079 Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms Last Revised: September 8,2010 Stamped by: Frank G. Montiero, P.E. Other Record Documents: Letter from Division of Fisheries &Wildlife NHESP File No.: 10-28761 Date: October 27, 2010 Supplemental Stormwater Management Report Prepared by: MHF Design Consultants, Inc. Date: September 8,2010 242-1499,Ciderpress Way OOC.doc 1 NACC 10/28/2010 DEP FILE #242 - 1499 29. 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. 30. 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. 31. 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). 32. 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 this resource area to the identified interests. 33. The wetland resource areas on the site as shown on the plan dated and referenced herein were confirmed under DEP File #242-1114 with the exception of the off-site resource area #` shown on Figure 1 submitted to the NACC 10/13/10. 34. This Order of Conditions (OOC) is issued in addition to DEP File #242-1114 approved in March 2002 which permitted 40B residential development. The applicant is obligated to comply with those aspects of DEP File #242-1114 that apply to the subject property. 35. 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 approved on the herein referenced site plan. 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 36. 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 permitted 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. 37. The owners of the project and their successors in title 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 F and its residents for any damage attributable to alterations undertaken on this property 242-1499,Ciderpress Way OOC.doc 3 NACC 10/28/2010 1 DEP FILE #242 - 1499 E from lot clearing to final site stabilization. Approval of the construction sequence is required prior to construction. I 45. Per condition#57 of the OOC issued under DEP File #242-1114, "Written evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer for a period of two (2) years from the date the structures go "on-line"." The existing on-site detention system has been in use for several years. Evidence of maintenance of the system and documentation of its functionality shall be provided to the NACC prior to the start of construction under this OOC. I 46. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible 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 erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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. 47. A row of staked hay bales backed by trenched siltation fence or other approved erosion control barrier 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 t referenced herein and shall be inspected and approved by the NACC or its agent 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 tt protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site E' 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. i i 48. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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. 49. The Town of North Andover has been provided a check in the amount of$30,000 which is in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and was posted with the North Andover Town Treasurer through the NACC as required under 242-1499,Ciderpress Way OOC.doc 5 NACC 10/28/2010 t DEP FILE #242 - 1499 conducted as shown on the approved plans or in the OOC issued under 242-1114 and I 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. 67. 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. 68. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched with straw or other approved stabilization method. All =' disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with erosion control matting or other approved stabilization measure until climate conditions ` allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized by means approved by the NACC. 1 t ix 69. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). t Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 1''` 70. Construction equipment/vehicles shall not be staged overnight within 100 feet of a ! wetland resource area. i i i 71. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas approved in DEP File #242-1114 Further, due to the existing grade on the site, any approved temporary stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils to the resource area. 72. Washings from concrete trucks, or surplus concrete, shall not be directed to any drainage system or wetland resource area. All truck washing shall be done in compliance with the measures approved under DEP File #242-1114. 73. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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 t dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 1 i 242-1499,Ciderpress Way OOC.doc 9 NACC 10/28/2010 i DEP FILE#242 - 1499 d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and I understood the recorded Order of Conditions prior to purchasing their property. t- e. The name and address of the individual/trust or corporation to whom the p compliance is to be granted. f. The street address and assessor's map/parcel number for the project. i t g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or f 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 , t Civil Engineer (and/or 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. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify t Y ti P Y compliance. i i > "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, 1' pools, retaining walls, subsurface utilities and decks. #' r > 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. > The delineated wetland line. 81. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: > An average 25' No-Disturbance Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP # 242-1499. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) of the Regulations for performance standards within these zones) The Conservation Administrator i g 242-1499,Ciderpress Way OOC.doc 11 NACC 10/28/2010 Ii i I 0 Massachusetts Department of Environmental Protection Provided by MassDEP: r Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5-Order of Conditions eDEP Transaction#:344869 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City I"- ANDOVER I" E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified /0/2 F//0 k pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.D Ori Order o Order expires on the same date as the original Order of Conditions. r Please indicate the number of members who will sign this form.This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. i 1 1' Signatures: s t \4; ,,' 4 ,)'(4/(- I AleA/ I - WIRT= i t. r by hand delivery on llgy certified mail,return receipt requested,on /0p 4/6 Date Date F. Appeals The applicant,the owner,an person aggrieved s any p ggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be l; sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior 1" participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information t',; to the Department prior to issuance of a Superseding Order. $tl The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is i inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. i r: k Page 9 of 10*ELECTRONIC COPY E 1. t i i k I t t Massachusetts Department of Environmental Protection Provided by MassDEP: Is.---- Bureau of Resource Protection-Wetlands MassDEP File#:242-1499 WPA Form 5-Order of Conditions eDEP Transaction#:344859 $ City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 1, i;. G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's ' Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission t Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. 1. To: i'' NORTH ANDOVER i Conservation Commission i o Please be advised that the Order of Conditions for the Project at: CIDERPRESS WAY 242-1499 t. Project Location MassDEP File Number i Has been recorded at the Registry of Deeds of: County Book Page for i Property Owner TOM ZAHORUIKO i and has been noted in the chain of title of the affected property in: i! Book Page €, r In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: is 1 Instrument Number If registered land,the document number identifying this transaction is: Document Number i i' l i 1 Signature of Applicant Rev.4/1/2010 , 1 Page 10 of 10*ELECTRONIC COPY £ l i t; t DEP FILE #242 - 1499 APPENDIX A-AFFIDAVIT on oath do hereby depose and state: 1 (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions ! have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or ' 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. S`- 4. I hereby affirm and acknowledge that on this day of 19 s` 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) } 242-1499,Ciderpress Way OOC.doc 13 NACC 10/28/2010 #'