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HomeMy WebLinkAboutConsultant Review - 334 CLARK STREET 9/15/1987 �yaaarerea Town of 1"20 jklain Street A h AL wNORTH cw North O1C4 � BUILDING NIJOS^ l lS A IS CI$ 7 5 ) � 4t6N( t 4 !7 i CC ` f \ ION 1 ( r PLA NING LANNIN r & COMMUNITY DEVELOPMENT KAHF,N 11.11. N1?I._SO N, September 15, 1987 TO: Planning Board PROM: Nancy J. Sullivan, Conservation Administratoi`f �� RE: Request for Comment - Marco Industries The North Andover Conservation Commission issued an Order of Conditions allowing the work on the project under file #242-373. If you have any further questions please feel free to call me. Sincerely, NANCY J. SULLIVAN NJS/mlb -PC N©. 242- (To be vided by DEOE) _ r Commonwealth cityrrown North Andover of Massachusetts Applicant Peter Samaris i Order of Conditions Massachusetts Wetlands Protection Act G.�. c. 131, §40 and under the Town- of North Andover Bylaw, Chapter 3.5 A & B` From North Andover Conservation Commission To Peter Samaris Leon S. Belinsky, Marco Industries (Name of Applicant) (Na ne of property owner) Address 40 Rodgers Road, Haverhill, MA Address 334 Clark St. , North Andover MA This Order is issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) ❑ by certified mail, return receipt requested on �J�r� (date) This project is located at Clark .Strapr The property is recorded at the Registry of_ Northern FG _eX Book 2089 Page 292, Certificate (if registered) The Notice of Intent for this project was filed on Sept. 29, 1986 (date) The public hearing was closed on Oct. 8.-1986 ) - (date , Findings Y t The North .Andover Conservation Commis'siori has re dewed the above•reference'd Notice of Intent and plans and has held a public'hearing on the project. Based or 'the information available to the NACC at this time, the NACC has determined that the area on which the proposed work Is to be done i3 significant fp tho Following Interests In accordance with I the Presumptions of Significance set forth in the regulations for each Brea Subject to Protection Under the Act(check as appropriate): ED Public water supply to/Storm'damage prevention EY'Private water supply © Prevention of pollution; j Ground water supply ❑' Land containing shelifis ' , a � , g l Flood control ❑ Fisheries � i 1, 242-373 Page -2- CLARK STREET { NACC hereby tincf,, that the following conditions are f' Therefore, the necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inletd esls checked above. The NACC' orders that all work shall be performed ' in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the condilions shall control. General Conditions 1, Failure to comply with all'condilions staled Herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify Ihi;;Order. 2. This Order does not grant any properly rights or nny exclu Ivc privileges; it does not authorize any injury to private property or invasion of private rights. 3: This, does not relieve the permittee or any other person of the necessity of complying with all other applicable fedefnl, state or local statutes, ordinance s, by-laws or regulations. ^4. The work aulhorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: _ (a) the work is a maintenance dredging project ris provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than.- five years, from the date of issuance and both that dale and the special circumstances warranting the exlcnded time period are set forth in this Order. S. This Order may be extended by the issuing authority for one orrnor(: periods of up trOhreeyears each . upon application to the issuing authority tit least 30 days prior to tl)e expiration dale of the Order. p, Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or dc- . bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7, No work shall be undertaken until all administrative appeal periods.fcom.this Order have elapsed or, if ; such an appeal has been filed, until all proceedings before the Department have been completed. I B. 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 ntor Index under the name case of recorded land, the Final Order shall also be noted in the Registry's Gra 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 NACC ; on the form at the end of this Order prior to comri-rencement of the work. i 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in sizo 'i bearing the words, "Massachusetts Department of Environmental Cruality Engineering, File Number 242- 373 ' 10. Where the Department of Environmental Quality Engineering is requested to make a determination and ll be :x party to all agency proceedings to issue a Superseding Order, the Conservation Commission sha and hearings before the Department. ; 1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a A 7 Certificate of Compliance be issued staling that 1110 work has been satisfactorily completed. ,I 12.The work shall conform to the following plans and s(�eci:�l conditions: • l Page -3- Order of Condtions Clark Street DEQE 41242-373 12. The work shall conform to the following plans and additional Conditions: Notice of Intent for Lot 334 Clark Street, received September 29, 19861 prepared by Richard F. Kaminski & Associates. , and associated plans: EN-1 "Notice of Intent, Existing Condtions" dated: 9/18/86 EN-2 "Notice of Intent, Proposed Conditions" dated: 9/18/86, 2 sheets SO-1 Soil Types CAL-1 "Notice of Intent, Drainage Calculations" dated: 9/18/86 13. In advance of any work on this project the applicant shall notify the NACC, and at the request of the NACC, shall arrange an on-site con- ference among the NACC, the contractor and the applicant to ensure that all of the conditions of this Order are understood. 'This Order also shall be made a part of the contractor's written contract. 14. The applicant, or its successors, shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction during the work on the site and to ensure compliance with this Order. 15. Commencing with the issuance of this Order, and continuing through the existence of same, the applicant shall submit to the NACC a .written progress report every two months detailing what work has been done in or near resource areas. 16. Prior to any construction on the site, erosion control measures shall be placed as specified in Plans EN-1 and EN-2. These measures shall.be inspected and approved by the NACC prior to start of construction. Thjs� row of hay bales or filter fabric shall remain intact until all, disturbed areas have been mulched, seeded, and stabilized to prevent erosion. 17. The applicnnt 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. Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion, as described in the Erosion Control Plan submitted with the Notice of Intent or the hay bale barrier described in Condition #16. 18. 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 sodding, or by loaming, seeding, and mulching Page -4- Order of Conditions Clark Street DEQE X1242-373 Condition X118 Continued according to Soil Conservation Service standards. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 19. No earthern embankment in the buffer zone shall have a slope steeper than 2: 1 . 20. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC will be implemented at the direction of the NACC. 21 . There shall be no stockpiling of soil or other materials within 25 feet of any resource area. 22. During and after work on this project, there shall be no discharge or spillage of fuel, . oil, or other pollutants into any resource area. y 23. Any changes in the submitted plans, Notice of Intent, or resulting from the aforementioned conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds, by majority vote, said changes to be significant and/or deviate from the original plans, Notice of Intent or this Order of Conditions to such an extent that the interests of the Wetlands Protection Act and Bylaw cannot be protected by this Order of Conditions and would best be served by the issuance of additional conditions, then the NACC will call for another public hearing within 21 days, at the expense of the applicant, in order to take testi- mony from all interested parties. Within 21 days of the close of said public hearing, the NACC will issue an amended or new Order of Conditions. 24. Any errors found in the plans or information submitted by the applicant shall be considered as changes, and procedures outlined above for changes shall be followed. 25. In conjunction with the sale of this lot the applicant shall submit to the NACC a signed statement by the buyer that he is aware of an outstanding Order of Conditions on the development and has received notice under , Condition 29 below. 1 2E. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 27. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 28. Prior to the issuance of a Certificate of Compliance, the applicant shall submit. a letter to the NACC from a registered professional engineer' certifying that the work is in compliance with the plans referenced above and all the conditions hereof. Page -5- Order of Conditions Clark Street DEQE #242-373 , y 29. The provisions of this Order shall apply to and be binding upon the . applicant, its employees, and all successors and assigns in interest or control. 30. 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 damage due to wetness. 31 . A surety performance bond or letter of credit running to the Town of North Andover shall be provided in the amount of $10,000 which shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of a continuing nature. This condition is issued under the authority of the Town of North Andover Wetlands Protection Bylaw. 32. All effluent 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. 33. No underground storage of fuel oils shall be allowed on any lot within this development. This Condition shall survive this Order of Conditions, . and shall run with the title of the property. 34. Fertilizers utilized for landscaping and lawn care shall be of the nitrogen content variety, and shall be used in moderation. Pesticidelow s and herbicides shall not be used within 100 feet of a wetland resource area. 35. The applicant shall submit drainage calculations for a 100-year storm '►k•, prior to start of construction for review and approval by the NACC. wity' in0 Clark St. , Building Holt Rd. , & Clark St. Issued toy North Andover C D?: FICn VogiD?374on Slgnalure(s) This Order must be s tined by n majority of the Conservnlion Commission. 29th October • On this dray of 19-86 , before me personally appeared Guillermo J. Vicens • to me known to be the pemon described in and who executed the foregoing instrument and acknowledged that he/she executed ' the sama es Is(h - reo net nd doe S ! January 15, 1993 " Notary F;� tic _ Tracy A. Peter My commission expires j The applicant,the owner,any person aggrieved by Ihis Order,nny owner of land nbutting the Innd upon which the proposed work Is to be done or any ton residents of the city or town In which such lend]s located cro hereby notified or their right to request the Department of Environments]Ouafity Engineering to Issue a Superseding Order,providing the request is made by certified mail or hand delivery ICJ' the Department within ton drays from the dnlo of Issuance of Ihis Order.A copy of tho requost shall nt the limo time be sent by eerlified man or hnnd delivery to the Conservation Commission and 1ho nppllcnnt. 1" I l r• . Detach on dotted fine and submit to the NACC prior to commencement'ol work. ........_» .......................»»......... ....................................................................................... .................................».........._. ' % _ _ ' Issuing Authority Please be advised that the Order of Conditions for the projact-nt._ - 242-373, _. W been roo0fdod Al the Aaalolry of end i. , . , File Number �''• has been noted In the chain of title of the effected property in accordnnco with Generof Condition a on t 9 It recorded land, the Instrument number which Identifies this trananctlon Is It reglstemd land,the document number which Identifies this transaction In t $IQndture Applicant.