HomeMy WebLinkAboutMiscellaneous - 12 CARRIAGE CHASE Massachusetts Department of Environmental Protection %tl 6�/ 242-811
Bureau of Resource Protection- Wetlands /3�, Carriage Chase &
WPA Form 8B - Certificate of Compliance 993 �'S Ln.
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw,
' Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
North Andover North Andover
Coresawion Commission Ciry/Town
12 Carriage Chase & 99 Coachman's Lane
To: Aftiw
Benjamin Fehan 39 95-97
Guertin & Associates
Name Assesm Map ftl ParceAor l
91 Montvale Avenue
WingAddress and the final Order of Conditions was recorded on
North Andover August 12, 1998
0VTO m Date
MA 01845 at the Registry of Deeds for
Stas LpCode Essex Instr. #26559
2. This Certificate of Compliance is issued for work regulated covrxy
by a final Order of Conditions issued to:
Catitfrare(rfmWsed land)
No. Andover DPW
i+�ne
6/10/96 4. A site inspection was made in the presence of the applicant,
or the applicant's agent,on:
owed
242-811 uNe S7 7_00
DE�'fiteNumba Date
certification
❑ Invalid Order of Conditions: It is hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed. commence without filing a new Notice of Intent and
receiving a new Order of Conditions.
❑ Partial Certification: It is hereby certified that only the
following portions of the work regulated by the above Ongoing Conditi nis:The following conditions of the
referenced Order of Conditions have been satisfactorily &der shall contiruuix.(Include any conditions contained in
completed.The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers:
n......, _c,
lt�
MassaehusettsDepartment of Environnwatal Protection Ifo— 11 12 Carriage'chase &
Bureau of Resource Protection- Wetlands 99 Coachmen s Lane
WPA Form 813 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 731, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
5th
Issued by:
North Andover day of
July
Consgv wcommission Month
Ju y-, 5, , 2000
2000
We of Issuance ye
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a cop sent to the applicant Scott Masse
and appropriate DEP Regional (see Appendix A).
Signature(s) 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.
tray Pudic
Mymmrn"Offarpues
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.----_..ate'
To: If recorded land,the instrument number which identifies this
transaction is
ConowtonConmiission
Please be advised that the Certificate of Compliance for the
project at 1'a°""�"c v"r%r
If registered land,the document number which identifies this
transaction is
Fge^rLoavon
Fife Number
has been recorded at the Registry of Deeds of
SigrroY�e ofApp>�n
Count
and has been noted in the chain of title of the affected property
on
Date
Book
31C C{MR 10.99 12 Carriage Chase Rd and
99 Coachman's Lane
Form 5 oEP F49 t,o. [`242"811
(to Ao LOU—J-1 try UEVJ
..---- --- North Andover
C a m m a n w e a I l h
C�ry,7oWn
of Massachusetts No. Andover Dept. of Public Works
`t Aooticaarlt P
Order of Conditions
Massachusetts Wetlands Protection Act
C.L. c. 131 , §40
and under the TownofNorth Andover' s Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COf-ttIISSION
North Andover Department of Public Works Refer to Plan of Record
To
(Name of Applicant) (fame of pro(aertyowrrerl
384 Osgood Street
No. Andover MA 01845
Address Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on Idat�)
X Xby certified mail. return receipt requested an
June 10, 1996 (date l
12 Carriage Chase Road and 99 Coachman's Lane
This project is located at an easement from the end of Carriage Chase Road to coachmanS T.ane
The property is recorded at the Registry of
Book • 3952 Page 95-97
Certificate (if registered)
The N 's; o; ;-Iter:! 'r,r this project was filed on May 3, 1996 (dale)
' The public hearing was closed on May 15, 1996 (date)
Findings
The North Andover Conservation Commission has revievied the above-referenced (1otice of
Intent and plans and has held a public hearing on the project. Based on lire Information arallaole to it}e
NACC at this time. the __rf0(t(' _ _ has de►errmlied It'll
the area on which the pr000sed work is to be done is significant to the loilowin3 interests in OccOfc i e v.It+l
'n he re ulatrons for each Area Subject 10 Protect19p Under the
Presumptions tions of Si nifica ce
0
rth I t
the p 9 �� X Recreation
Act (check as appropriate): Ch.178: Z Prevention of Erosion & Sedimentation Ch-178X. Wildlife
j Pubiic water supply Flood control (:1Uind containing shef(fist�
Private water supply ( Storm damage orefention_ Fisheries
Ground water supply
Prevention of pollution Protection of wildlife habitat
Fee exempt State Share N/A
Total Filing Fee Submitted - (y_ fer ;,, s?xccss of C? 1
City(Town Share N/A
Total Refund Due S CityrTown Portion S State Portion S
(1I2 total) (122 total)
• DEP FILE #242- 811
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 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. PRIOR TO ANY WORK ON-SITE AND CONTINGENT UPON THE
OBTAINMENT OF EASEMENTS (WHICH SHALL BE PROVIDED TO
THE NACC AS PROOF OF OBTAINMENT) AS DEPICTED ON THE
APPROVED PLANS REFERENCED HEREIN THIS ORDER SHALL BE
RECORDED BY THE APPLICANT AT THE REGISTRY OF DEEDS
AFTER THE EXPIRATION OF ALL APPEAL PERIODS. 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.
2. 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.
3. This Order DOES NOT grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of property
rights.
4. 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.
5. The work authorized hereunder shall be completed within three years from
the date of this order.
CAWinword\00C\242-81 Ldoc 1 NACC 6/10/96
t
DEP FILE #242 811
6. This Order may be extended by the issuing authority for one or more
periods of u to one
year each upon application to
the issuing authority at
least 30 days prior to the expiration date of the Order (Refer to Section VIII
(p.15) of the North Andover Wetland Regulations).
7. 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.
8. The proposed work includes: Construction of 615 linear feet of new 8"PVC gravity
sewer in an easement from the end of Carriage Chase Road to Coachman's Lane.
9. The work shall conform to the following (except as noted in the remainder of
this document where revisions may be required):
Notice of Intent filed by: North Andover DPW
dated 5/3/96
Plans prepared by: Guertin&Associates,Inc.
entitled"4-Town of North Andover,MA Phase III
Sewerage" dated FEB 19%
10. The following wetland resource areas are affected by the proposed work:
buffer zone to bordering vegetated wetland (BVW). This resource areas is
significant to the interests of the Act and Town ByLaw as noted above. This
resource area is 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.
11. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated FEB 1996. Prior to the issuance
of a Certificate of Compliance,the applicant will submit a plan showing
the site's wetland delineation at a scale identical to the Town wetland map
for this location.
12. 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.
13. 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.
14. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site to construct the sewer line as proposed herein will
CAWinword\00C\242-81 Ldoc 2 NACC 6/10/96
DEP FILE # 242 - 811
cause further alteration of the wetland resource areas. In order to prevent
an alteration of
y wetland resource areas P
roose beyond those proposed in the Notice
Y P
of Intent(NOD and approved herein, a twenty five foot(251 no-disturbance
zone shall be established from the edge of the adjacent wetland resource
area. 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.
No disturbance of existing grade, soils or vegetation is permitted in the no-
disturbance zone. (See Appendix 5 of the local Regulations).
15. All 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. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for
Compliance.
16. The sewer lines on the site shall be tested for water tightness in accordance
with North Andover DPW standards.
PRIOR TO CONSTRUCTION
17. 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.
18. This Order shall be recorded by the applicant at the Registry of Deeds
immediately after the expiration of all appeal periods.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 format the end of this Order
prior to commencement of the work.
19. 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 "Massachusetts Department
of Environmental Protection,File Number 242-811".
CAWinwordl000\242-81 Ldoc 3 NACC 6/10/96
DEP FILE # 242 - 811
20. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of 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. 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 revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin
on a project until written approval has been granted by the NACC.
21. 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.
22. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
23. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
24. A row of staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control
barrier will be properly installed and placed as shown on the plans
referenced and approved herein and shall be inspected and approved by the
NACC 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 protection measures found necessary
during construction shall be implemented at the direction of the NACC.
25. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty(20) hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt 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.
CAWinword\00C\242-81 Ldoc 4 NACC 6/10/96
DEP FILE #242 - 811
26. A check payable to the Town of North Andover shall be provided in the
amount of$2,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasure 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 NACCs review and approval. This condition is
issued under the authority of the local ByLaw.
DURING CONSTRUCTION
27. Upon beginning work, the applicant shall submit written progress reports
every month 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.
28. 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.
29. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
30. No regrading in the buffer zone shall have a slope steeper than 2:1
(horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide
permanent stabilization.
31. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
32. Washings from concrete trucks, or surplus concrete, shall not be directed to,
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
CAWinword\00C\242-81Ldoc 5 NACC 6/10/96
DEP FILE #242- 811
dumpsters (or other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
34. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
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. 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 within one(1) business day. 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.
AFTER CONSTRUCTION
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'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's Wetland Protection ByLaw.
39. 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 loaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
40. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Civil Engineer and Land Surveyor
certifying compliance with this Order of Conditions and the:approved plans
referenced herein (or approved revisions). Certification includes, but is not
limited to, verification that the limit of work coincides with the approved
"NO-DISTURBANCE/NO-BUILD" zones. A stamped"As-Built"
CAWinword\000\242-81 Ldoc 6 NACC 6/10/96
DEP FILE # 242 - 811
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 structures constructed within 100 feet of
any wetland resource area;
b) Distances from structures to wetland resource areas. Structures include, but
are not limited to, septic systems, stone walls,sewer lines, retaining walls,
and approved decks;
c) A line showing the limit of work. "Work" includes any disturbance of soils
or vegetation;
d) Location of all subsurface utilities entering the property;
e) Location of existing erosion controls;
41)Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to whom the
compliance is to be granted;
c) The street address and assessor's map/parcel number for the project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions and
approved plans.
42. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
• 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under DEP # 242-811. Future work within
100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section XI(page 18) of the Regulations for
performance standards within these zones)The Conservation
Administrator and/or other agents of the NACC do not have the
CAWinword\000242-81 Ldoc 7 NACC 6/10/96
DEP FILE #242 - 811
authority to waive these setbacks as established under the local
ByLaw;
I Y
• Maintenance of catch basins;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\OOC\242-81 Ldoc 8 NACC 6/10/96
12 Carriage Chase Road & 99 Coachman's Lane 242-811
Issued By North Andover Conservation Commission
Signature(s) {�
r
This Order must be signed by a majority of the Conservation Commission.'
da 'June
On this 5th Geof 19 96 before me
George L. Reich to me known to be the
personally appeared
person described in and who executed the foregoing instrument and acknowledged that he.she executed
the same as his/her free act and deed.
' March 22 2002
Notary Public My commission expires
The applicant,the owner,any person aggneved by this order,any owner of land abutting the land uagmwhich the proocsea work is to be
acne,or any ten residents at the city or town in which such land is located,are hereby notified of their right to reduest the Oeaanment of
Environmental Protection to issue a superseding Order,providing the request is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date at issuance of this
Determination.A copy at 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.
A RECEIPT FROM THE REGISTRY OF DEEDS MUST. BE SUBMITTED TO THIS OFFICE SHOWING
THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF
DEEDS.
Detach on dotted line and submit to the North Andover COnServat lonComm prior to commencement of work,
............... .....
120 Main Street, No Andover MA 01845 .......................................
To
North Andover Conservation Commission :ssc:ng Authority
Please be advised that the 0
h rder of Conditions for the prosect at
12 Carriage Chase Road & 99 ac
Cohman'G Lane
242- 811 ry Deeds Essex North District and
F•te rvumber ^as been recorned attne R�a�s of
has been noted in the chain of tine of the affected property in accordance with General Condition 8 on
t4
It recorded land. the instrument numoer which identifies mts transaction a
It registered land, the aocument number which identifies this rransactlon is
Accuc3n,
S cna:uro