HomeMy WebLinkAboutConservation Permit # 5/8/1991 j 31C CMR 10.99
NACC
Form 5 DEP File No, [- None
(lo Lr cxt"KWJ by DEI')
aJ i�_ North Andover
Commonwealth city.Town
of Massachusetts
Aovitcant Methuen Co-Operative Bank
11 Lot 64AHaymeaddv Road
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
` and under the Town of North Andover' s Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COHMISSION
J.
'I1 ' Z o Methuen Co-Operative Bank Same
• •
(Name of Applicant) (Name of property owner
a` 243 Broadway
Methuen, MA 01844 Same
Address Address
' This Order is issued and delivered as follows:
IfV
by hand delivery to applicant or representative on (dale)
:! .by certified mail, return receipt requested on (dale)
Lot 64A Haymeadow Road, North Andover, MA
This project is located at
f .
The property is recorded at the Registry of NnrthPrn rSGnx
Book 2463 204
Page
Certificate (if registered)
The Notice of Intent for this project was filed on March 20, 1991 (dale)
The public hearing was closed on April 17, 1991 f dale)
Findings
The North Andover Conservation Commission has reviewed the above-relerPnced Notice of
Intent and plans and has held,a public hearing on the protect. Based on the information avail,aDle to ►he
NACC at this time. the NA('(: __ has determined Ihaf
the area on which the proposed work is to be done is significant to the (o►lowina interests in accoroance v.ith
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
'! Act check as appropriate):
Flood control El Land containing shellfish
Pubiio water supply
Private water supply Storm damage prevention Fisheries
i d Ground water supply Prevention of pollution t� Protection of wildlife habitat
Total Filing Fee Submitted $500.00 State Share Not Applicable
CityrTown Share $500.00 (!/2 lee in excess of S25)
Total Refund Due S CityrTown Portion S State Portion S
('ii total) (Yz total)
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 and the requirements of the Town ByLaw,
to protect those interests 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 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 private rights.
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 one
year from the date of this Order, under the Town Bylaw.
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 30 days prior to the expiration date
of the Order.
6. 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 of any of the foregoing.
7 . 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.
64A Haymeadow NACC - 2 3
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 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.
9. 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, North Andover Conservation Commission, File # 2.
10. Where the Department of Environmental Protection 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 the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12 . The work shall conform to the following plans/documents
(except as noted in the remainder of this document) :
"Site Plan of Land, " Sheet 1 of 1, by Yankee Engineers, dated
August 30, 1990 and revised March 11, 1991.
"Bridge Plan and Profile, Lot 64A Bridge, " by Construction
Engineering Services, stamped and signed by John S. O'Connell,
dated February 15, 1991.
"Section A-A, Stone/Haybale/Silt Fence Filter, " Lot 64 Haymeadow
Road, by Yankee Engineers, dated March 11, 1991.
"Appendix A, Master Construction Sequence for Bridge Crossing, "
Wetlands Preservation Inc. , undated.
"Appendix B, Erosion and Sedimentation Control Plan, " Wetlands
Preservation Inc. , undated.
"Appendix C, Wetland Replacement/Compensatory Flood
Storage/Temporary Resource Disturbance Restoration Plan, "
Wetlands Preservation Inc. , Revised February 19, 1991.
64A Haymeadow NACC - 2 4
13 . The following wetland resource areas are affected by the
proposed work: 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
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
August 30, 1990 and revised March 11, 1991.
PERFORMANCE & DESIGN STANDARDS
15. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a bridge, driveway
and house will cause further alteration of the wetland resource
ureas during the construction activities. In order to prevent
any alteration of wetland resource areas beyond those proposed in
the Notice of Intent and approved herein, a twenty-five (25) foot
no-cut zone and a fifty (50) foot no-construction zone shall be
established from the edge of the adjacent wetland resource areas.
16. No earthen embankment in the buffer zone shall have a slope
steeper than 2 : 1. Any slopes of steeper grade shall be rip-
rapped to provide permanent stabilization.
17 . The NACC finds the applicant's proposal for 178 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.
CHANGES
18 . 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
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.
64A Haymeadow NACC - 2 5
19. 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
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
CONSTRUCTION
20. 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 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. 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.
21. Prior to any activity on site, the applicant shall submit a
- construction schedule/sequence to the NACC detailing the proposed
._sequence of work on site to complete this project.
22 . 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. This will update the construction sequence
listed above.
23 . Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
24 . Prior to any activity on the site, a filter fabric fence
backed by a single row of staked hay bales shall be placed
between all construction areas and wetland areas per Soil
Conservation Service or D.E.P. standards. This barrier will be r
placed as shown in the plans. This siltation barrier shall be
inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been mulched, seeded, and stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures
found necessary during construction by the NACC shall be
implemented at the direction of the NACC.
64A_Haymeadow NACC - 2 6
25. 1,T I he applicant shall erect a snow fence between limit of work
and the bank on both sides of the bridge, perpendicular to the
stream.
2.6., The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 75 (seventy-
five) 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.
27 . 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 complete vegetative cover
has been achieved.
28 . No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NAM
29 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
:30. 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 as soon as practical. 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.
31. A tarp shall be placed on the ground at and suspended under
the bridge to prevent any dripppage of fuel or oil into resource
areas.
32 . Washings from concrete trucks, or surplus concrete, shall not
be directed to, or dumped in, any drainage system or wetland
resource area.
33 . 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 at
the site for the storage and removal of such spent construction
materials off-site.
64A Haymeadow NACC - 2 7
34 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS
35. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
36. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
37. 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 Town of North Andover's Wetland
Protection ByLaw.
38 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. 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 of North Andover's Wetland
Protection ByLaw.
39 . 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.
40. 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 $10,000 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 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 that
provision, satisfactory to the NACC, has been made for
performance of any conditions which are of continuing nature.
The applicant may propose a bond release schedule keyed to
completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the
authority of the Town of North Andover's Wetlands Protection
Bylaw.
64A Haymeadow NACC - 2 8
41. In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer or Land Surveyor certifying
compliance with this Order of Conditions and the approved plans
referenced herein (or approved revisions) . A stamped "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. This plan will include:
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland
resource area.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
C. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
42 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
18 Maintenance of catch basins.
36. Discharge or spillage of pollutants.
42 . Prohibition of storage of fuels underground.
43 . Limitations on the use of fertilizers, herbicides
and pesticides.
Lit 64A Haymeadow Road
Issued By North Andover Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this 1st day of May 19 91 before me
personally appeared Paul. L. Tariot , 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 I rge qct and deed.
September 9, 1994
Notary Public Marie L. Boudrot My commission expires
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 Deoanment of
Environmental Protection to issue a Superseding Order, providing the reauest is made by certified mail or hand delivery to the Deoanment.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030,within ten days from the date of issuance of this
Determination.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.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To Issuing Auinonty
Please be advised that the Order of Conditions for the project at
Fde Number 242— has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 1 9
If recorded land. the instrument number which identifies this transaction is
It registered land, the document number which identifies this transaction is
Sicnalure AcDl cam
5-4A