HomeMy WebLinkAboutPlanning Permit # 9/28/1987 ,�ME'Fiio No. 242-427
(To bri provided by DEOE)
r = City/Town North AndoveK
Commonwealth
of Massachusetts Applicant Kenneth Crouch
^1 _
SUTTON STREET
Order of Conditions
Massachusetts Wetlands Protection Act
q.Pm cm 131 , §40
and under the Town- of North Andover Bylaw, Chapter 3® 5 A & B
From NORTH ANDOVER CONSERVATION COMMISSION
' To
KENNETH CROUCH (Crouch Machinery) SAME
(Name of Applicant) (Na ne of property owner)
6 Elm Street SAME
Address North Andover, MA 01845 Address
This Order Is issued and delivered as follows;
❑ Iby hand delivery to applicant or representative on (date)
D< by certified mail, return receipt requested on September 28 l 987 (date)
This project is located at SUTTON STREET - SOUTH SIDE ADJACENT TO Mill Pond
(Map 28 - Parcel 21)
The property Is recorded at the Registry of Northern ss X
Book 1835 Page 45
Certificate (if registered)
' August 25, 1987 date
The Notice of Intent for this project was filed on (date)
The public hearing was closed on September 9, 1987 (date)
Findings
The NORTH ANDOVER CONSERVATION COMMISSION has reviewed the above-referenced 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 Is significant to iholbilowing Interests In accordance with
the Presumptions of Significance set forth in the regulations for.each Area Subject to Protection Under the
Act (check as appropriate):
CR Public water supply w Storm damage prevention
Private water supply 9 Prevention of pollution'
Ground water supply CI* Land containing shellfish
Flood control ❑ Fisheries
L4L—
Page 2 427
Therefore, the NACC hereby finds that the following conditions are
necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inter-
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 conditions shall control.
G,encral Conditions „
1, Failure to comply with all'condiiions stated Herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify thin,Order,
2. This Order does not grant any properly rights or nny exclusive privileges* it does not authorize any injury
to private property or invasion of private rights.
3; This Order does not relieve the permillee or any other person of the necessity of complying with all
other applicable federal, state or local stalules, ordinances, by-laws or regulations.
4• The.work aulhorized hereunder shall be completed wilhin three years from the dale of this Order unless
nigher of the following apply,
(a) the work is a maintenance dredging,project as provided for in the Act; or
(b) the limn for completion Has been extended to a specified date more than three years, but less thar
live years, from the date of issuance and both thal dale and.the special circumstances warranting
the extended time period are-set forth in this Order.
5. . This Order may be extended by the issuing authority for one or rnorc periods of up tathree years each
upon application to the Issuing authority at least 30 days prior to the expiration dale of the Order.
6. Any fill used in connection with this project :Tall bo clean fill, containing no trash, refuse rubbish or de-
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.from.lbis Order Have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. 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, wilhin the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the NACC
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feel or more than three square feet in'sizv
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 242_ 427
10. Where the Department of Environmental quality Cngineering 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.
11 . Upon completion of tho work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be.issued slating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
Page 3
ORDER OF CONDITIONS KENNETH CROUCH D.E.Q.E. . #242-427
12. The work shall conform to the following plans and additional conditions:
a. Notice of Intent submitted by Kenneth Crouch
(Crouch Machinery) prepared by Richard F.
Kaminski & Assoc. , Inc. dated August 20,1987
Six (6) sheets.
b. Drainage Report prepared by Richard Kaminski
& Assoc. , Inc. dated August 20, 1987. Seven
(7) sheets. (7) Seven sheets for the associated
computer outputs.
c. Plans entitled "Existing Conditions, Plan of Land"
prepared by Richard F. Kaminski & Assoc. , Inc. for
Kenneth Crouch, dated August 20, 1987. Three (3)
Sheets. Scale 1"=20'
d. Memorandum from North Andover Fire Department to
Scott Stocking, Town Planner dated September 3, 1987.
(One (1) sheet.
e. Memorandum from North Andover Fire Department to Nancy
Sullivan, Conservaton Administrator dated September 11,
1987. Three (3) sheets.
13. The following wetland resource areas exist on the site bank, land
under water, bordering land subject to flooding, and bordering
vegetated wetland. 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 wildlife and recreation interests
of the Bylaw. The applicant has not attempted to overcome the
significance of these resource areas to the identified interests.
The proposed work, however, does not alter any of these wetland
resource areas.
14. The NACC agrees with the applicant's delineation of the wetland
resource areas at the site.
15. Prior to the start of any site activity the applicant shall submit
to the NACC for review and approval the following:
a. A plan showing relocation of the building five
(5) feet further away from the edge of the pond,
b. A plan for rehabilitation of the concrete weir that
acts as the outlet to the pond and for clean up of
the shores of the pond particularly near the outlet,
and
C. A plan for landscaping the shore of the pond that will
be disturbed during construction.
Page 4
ORDER OF CONDITIONS KENNETH CROUCH D.E.Q.E. 4242-427
16. 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
conference 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.
17. 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.
18. 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 (2) months detailing what work has
been done in or near resource areas, and what work is anticipated
to be done over the next period. The first of these reports shall
include specific dated (by month) for each major item in the con-
struction schedule.
19. Prior to any activity on the site, a double row of staked hay bales
shall be placed between all construction areas and wetland areas per
soil Conservation Service or D.E.Q.E. standards. In addition a show
fence shall be placed five (5) feet upland from the hay bale barrier.
These barriers shall be inspected and approved by the NACC prior to
start of construciton. This row of hay bales and the snow fence shall
remain intact until all disturbed areas have been mulched, seeded, and
stabilized to prevent erosion.
20. 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. Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the
normal control of erosion, or the hay bale barrier described in Condi-
tion No. 19.
21. 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 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.
22. All erosion prevention and sedimentation protection measures found
necessary during construction by the NACC will be implemented at the
direction of the NACC.
23. There shall be no stockpiling of soil or other materials within 25
feet of any resource area.
Page 5
ORDER OF CONDITIONS KENNETH CROUCH D.E.Q.E. #242-427
(CROUCH MACHINERY)
24. During and after work on this project, there shall be no discharge
or spillage of fuel, oil, or other pollutants into any resource area.
25. 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 to 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 additonal Conditions, then the NACC will
call for another public hearing within 21 days, at the expense of the
applicant, in order to take testimony 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.
27. Members of the NACC shall have the right to enter upon and inspect the
premises to evaluate compliance with this Order of Conditions.
28. Accepted engineering and construction standards and procedures shall
be followed in the completion of the project.
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 proper bond or a deposit of money or negotiable securities running
to the Town of North Andover shall be provided in the amount of
$5,000.00, which shall be in all respects satisfacotry to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the Treasurer
of the Town of North Andover before commencement of work. Said bond
or 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 taht provision, satisfactory to the NACC,
has been made for performance of any Conditions which are of a con-
tinuing nature. This Condition is issued under the authority of the
Town of North Andover Wetlands Protection Bylaw.
32. In addition to the requirements of Conditions No. 11, the applicant
shall submit a letter to the NACC from a registered professional civil
engineer certifying compliance with this Order of Conditions. Said
letter will certify, but not be limited to the following:
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland
resource area.
Page 6
ORDER OF CONDITIONS KENNETH CROUCH D.E.Q.E. 4242-427
(CROUCH MACHINERY)
32. (Continued) . . . .
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
C. Distances to all structures and alterations within
100 feet of any wetland resource areas.
An "As-Built" topographic plan of all areas within the jurisdiction
of the Wetlands Protection Act and Bylaw shall be submitted when
a Certificate of Compliance is requested.
33. All effluent catch basins shall contain oil/gasoline traps, and it
shall be a continuing Condition of this Order, even after a Certifi-
cate of Compliance is issued, that the oil/gasoline traps in the
catch basins be maintained.
34. No underground storage of fuel oils shall be allowed within one-hundred
feet of any wetland resource area. This Condition shall survive this
Order of Conditions, and shall run with the title of the property.
35. Fertilizers utilized for landscaping and lawn care shall be of the
low nitrogen content variety, and shall be used in moderation.
Pesticides and herbicides shall not be used on any lot in the sub-
division within 100 feet of a wetland resource area.
+ + + + + + . .. . + + +
DEQE #242-427 Crouch Machinery
Sutton Street
Issued By NORTH ANDOVER CONSERVATION COMMISSION Conservation Commission
Signatu e(s)
This Order must be signed by a majority of the Conservation Com mission.
On this 23rd day of September 19, 87 , before me
personally appeared Jack Lindon , 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 expir
• T
The applicant,the 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 Environmental Quality Engineering to Issue a Superseding Order,providing the request Is made by certified mail or hand delivery W
the Department within ten days from the dale of Issuance of this Order.A copy of the request shall at the same time be sent by certified
mall or hand delivery to the Conservation Commission and the applicant.
If you wish to appeal this decision u9der the Town By Law, a complaint must be
filed in -Superior Court.
Detach on dotted line and submit to the NACC prior to commencement of work.
.»...................................................»»........................................................................... ........................................
Issuing'Authority
Please be advised that the Order of Conditions for the project at
File Number 242-427 has been recorded at the Registry of and
has been noted In the chain of tltte of.the effected property In accordance with General Condition 8 on 9
II recorded land, the Instrument number which Identifies this transaction Is
II registered land,the document number which Identifies this transaction Is
Applicant.
Signdture