Certificate of Compliance (WPA Form 8B) with On-Going Conditions — DEP #5-1127
| Date | 2017-10-10 |
| Category | Stormwater & Regulatory |
| Status | Public record — recorded or publicly filed |
| Recording | Bk 36443 Pg 213 (rec. 12/29/2017) |
| Verify at source | Southern Essex District Registry of Deeds — search Bk 36443 Pg 213 |
| Pages | 5 |
| Size | 1.5 MB |
| Notes | Corrected 2026-07-15: the Drive filename (‘DEP.PDF’) had this mislabeled as the 2014 Order of Conditions. It is the recorded Certificate of Compliance — Form 8B (site inspection 10/10/2017, pp. 1–3) plus the ‘On-Going Conditions’ attachment (pp. 4–5) listing seven conditions that survive in perpetuity as HOA/homeowner responsibilities. The underlying Order of Conditions (11/4/2014, Bk 33797 Pg 168) is referenced on p. 1 and is not yet in the library. |
Extracted text (searchable)
[Registry stamp: SO.ESSEX #338 Bk:36443 Pg:213 — 12/29/2017 12:17 COMPLI Pg 1/5]
[Stamped: COPY — For Registry of Deeds Use Only]
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number: 5-1127 (Provided by DEP)
A. PROJECT INFORMATION
1. This Certificate of Compliance is issued to:
Paul DiBiase - DUC Residential, LLC
P.O. Box 780, Lynnfield, MA 01940
2. This Certificate of Compliance is issued for work regulated by a final
Order of Conditions or Order of Resource Area Delineation issued to:
Paul DiBiase - DUC Residential, LLC
Dated: 11-04-14 DEP File Number: 5-1127
3. The project site is located at:
Pond View Lane - formerly 232 Essex St., Beverly
Assessors Map/Plat Number: Map 44 — Now: 31Y, 31M, 31N, 31O, 31S, 31T,
31U & 31V
The final Order of Conditions or Order of Resource Area Delineation was
recorded at the Registry of Deeds for:
Walker Realty, LLC (Property Owner, if different)
Essex County — Book 33797, Page 168
4. A site inspection was made in the presence of the applicant, or the
applicant's agent, on: October 10, 2017
B. CERTIFICATION
[X] Complete Certification: It is hereby certified that the work regulated by
the above-referenced Order of Conditions has been satisfactorily
completed.
[X] 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: SEE ATTACHED ON-GOING CONDITIONS
C. AUTHORIZATION
Issued by: Beverly Conservation Commission
Date of Issuance: 10-10-17
[Signed by seven members of the Conservation Commission]
D. RECORDING CONFIRMATION
Please be advised that the Certificate of Compliance for the project at:
Pond View Lane — DEP File Number 5-1127
Has been recorded at the Registry of Deeds of: Essex County
for: Paul DiBiase - DUC Residential, LLC (Property Owner)
---
City of Beverly
CONSERVATION COMMISSION
Pond View Lane (formerly 232 Essex Street)
Map 44 Lots 31Y, 31M, 31N, 31O, 31S, 31T, 31U & 31V
Beverly, MA 01915
DEP File #5-1127
Certificate of Compliance
ON-GOING CONDITIONS
1. The limit of the 25-Foot No Disturb Zone shall be demarcated with markers
made of a weather resistant material, and shall be installed such that they
are not less than 3 feet above grade to ensure visibility in the field. Each
No Disturbance Zone marker shall bear, on their upland side, by way of
permanent weather resistant plaque or engraving, the following language: "No
Disturbance Of Any Kind Beyond This Point By Order of the Beverly
Conservation Commission". Not less than 3 markers shall be installed, with
one being installed on Lot 15, one on Lot 16 and one at the bend along the
mitigation area at the northwest corner of the subsurface infiltration
system — exact location of each marker to be determined in the field with
the Conservation Administrator. Maintaining these markers in good condition
is required and this requirement shall survive in perpetuity beyond the
issuance of a Certificate of Compliance. Maintenance of the markers on Lots
15 & 16 shall be the perpetual responsibility of the individual homeowners
of those lots. Maintenance of the marker along the bend of the mitigation
area shall be the perpetual responsibility of the Homeowners Association.
2. Roadway snow management and storage shall not occur in wetland resource
areas or associated buffer zones within the development. Management,
movement and storage of snow on site shall take place in appropriate upland
areas outside the 100-foot buffer zone or taken to an appropriate off-site
facility. This condition shall survive in perpetuity beyond the issuance of
a Certificate of Compliance. Compliance with this condition shall be the
perpetual responsibility of the Homeowners Association.
3. All maintenance and inspection reports per the Stormwater Operation and
Maintenance Plans shall be submitted to the Conservation Agent on an annual
basis no later than December 31st of each year. This condition shall run in
perpetuity beyond the issuance of a Certificate of Compliance. Compliance
with this condition shall be the perpetual responsibility of the Homeowners
Association.
4. There shall be no dumping of leaves, grass clippings, trash or any kind
of refuse in the resource are [sic]. Compliance with this condition shall be
the perpetual responsibility of the individual homeowners whose lots contain
wetland resources and/or buffer zones as well as the Homeowners Association
where land containing wetland resource areas and/or buffer zones is located
within the protected open space under the ownership of the Homeowners
Association.
5. Herbicides, pesticides or fungicides shall not be applied within 100 feet
of the wetland. Compliance with this condition shall be the perpetual
responsibility of the individual homeowners whose lots contain wetland
resources and/or buffer zones as well as the Homeowners Association where
land containing wetland resource areas and/or buffer zones is located within
the protected open space under the ownership of the Homeowners Association.
6. No sodium-based products shall be used for control of ice or snow within
100 feet of the wetland. Compliance with this condition shall be the
perpetual responsibility of the individual homeowners whose lots contain
wetland resources and/or buffer zones as well as the Homeowners Association
where land/roadway containing wetland resource areas and/or buffer zones is
under the ownership of the Homeowners Association.
7. Prevention of flooding, erosion and sedimentation are ongoing and do not
expire at the end of three (3) years or with the issuance of the Certificate
of Compliance. Compliance with this condition shall be the perpetual
responsibility of the individual homeowners whose lots contain wetland
resources and/or buffer zones as well as the Homeowners Association where
land containing wetland resource areas and/or buffer zones is under the
ownership of the Homeowners Association.
[Footer on conditions pages: Pond View Lane — DEP File #5-1227 [sic] —
Certificate of Compliance On-Going Conditions]
[Transcribed 2026-07-17 from the recorded scan (200 dpi page renders) for
this site with AI assistance; verbatim including the original "resource
are" typo in condition 4 and the "#5-1227" footer typo (the file number is
5-1127 throughout the form).]
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