HomeMy WebLinkAboutMiscellaneous - 40 CANDLESTICK ROAD r �y ter'
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310 CMR 10.99 q
Form 8Nov DEP File No. 242-719
(To oe orovioed by DEP)
City ToWn North Andover
Commonwealth .
-- of Massachusetts Aooacant JOSEPH BARBAGALZO
Lot 3 Candlestick Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
Joseph Barbagallo, Jr. 140 Duncan--Drive -
To - _ No. Andover MA 01845
(Name) (Address)
Date of Issuance November 1, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to Mark Rae
Belford Construction dated 01-19-95 and issued by the NACC
. (X It Is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Q It is nereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no lancer valid. No future
worK subject to regulation under the Act may be commenced without filing a new Nonce at Intent
anc receiving a new Order of Conditions.
........................................ ..W...... ..
(Leave Soace Blank{ w =t=0
S-1
_..er..ve 1/10/E9
y. This certificate shall be recorded in the Registry of Del§tis or the Land Court for the atstnct in
wnicn the land is located. The Order was onginaliy recorded on 04-10-95 (date)
at the Registryof Deeds. North District , Book , Page
INSTRUMENT 47060
[� The following conditions of the Order shall continue:;(Set forth any conditions contained in the
Final Oraer. such as maintenance or monitoring, which are to continue for a longer period,)
f
Issued by Nort over Conservation Commission
Si_nature,$) �----
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this day of , 199y6 . before me
personaliy appeared L + . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he.sne executed
the same as his/her free act and deed.
2,21 d
Notary Pubiic My commission expires
PROVIDE COPY OF RECORDING TO THE NORTH ANDOVER CONSERVATION COMMIggION
Detach on dotted line and submit to the NACC, 120 Main St. , No. Andover MA 01845
................................................................—.....— ...... NACC _... ............»...............................isswn...........n...
utn
7 g o
Tc tY
Please oe advised mat the Certificate of Compisanee for the project at. Lot 3 'Candlestick Road
FileNumoer 242- 719 has been recoraedatmeRegistry of Deeds, Northern Essex
and has been noted in me chain of title of the affected proberry on t 9
it reperaeo ianc.:ne instrument numbet wntcn+oent+aes Crus transaction is
iS regtsterea tans.the cocument number wn=identifies tats transacnon
Signature aooncant
_ I
Town of North Andover rt 40RT"
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
• $ - ...
146 Main Street
KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSACHus�t
Director (508)688-9533
October 19,
1995
r:-.,,
„y
t, <
Mr. Joseph Barba alio
P g
140 Duncan Drive
North Andover MA 01845 "j
w
RE: Certificate of Compliance Denial
(DEP File # 242- 719)
Dear Mr. Barbagallo:
Under the guise of the Massachusetts Wetlands Protection Act (310
CMR 10. 00) and the North Andover Wetlands By-law and after
subsequent public review at a Conservation Commission hearing held
on October 18, 1995 , project compliance for
Lot 3 Candlestick Rd (DEP File # 242- 719) was denied by the North
Andover Conservation Commission (NACC) .
This denial was based on the following outstanding compliance
issues:
"As-built Plan" as submitted did not reflect existing
conditions.
or further concerns regarding project
hesitate to contact this office at the
ommission
1-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
cepa Michael Howard Sandra Starr Kathleen Bradley Colwell
242-374
310 CMR 10.99aQYC RACI ``'A
1U1>ff CLK
Form 8 ANDOVER
DEP File No. 242— 374
n r c ¢ (To oe vroviaed by DEP)
Cosy?own North Andover
- - _ Commonwealth
=- -� of Massachusetts AcoucamTrTo ppb Ra.—�a11 o._ r.
Lot 3 Candlestick Road
PARTIAL Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
140 Duncan Drive
To
Joseph Barbagallo, Jr. North Andover MA 01845
(Name) (Address)
Date of Issuance October 18, 1995
This Certitic2te is issued for work regulated by an Order of Conditions issued to Litha Y. Flynn/
David Minucucci dated 11-04-86 and issued by the NACC
a It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. XnX It is hereby certified that only the following-portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 3 Candlestick Road ONLY.
Q It is nereby certified that the work regulated by the above referenced Order of Conditions was
never commenced.The Order of Conditions has laosed and is therefore no longer valid. No future
worK subject to regulation under the Act may be commenced without filing a new Nonce of intent
an:: receiving a new Order of Conditions.
..............................................................................................................-........
(leave Soace Blank)
6-1
_..Pr-.:ve -,,,/10169
This certificate shall be recorded to the Registry of Deeds or the Land Court for the otsthct in
which the land is located.The Order was originally recorded on 11/17/86 (cate)
at the Registry of Deeds North Essex ,
DOCUMENT 38806.
Q The following conditions of the Order shall continue: (Set forth any conditions contained to the
Final Oraer, such as maintenance or monitoring, which are to continue tar a longer penod.)
I
IssueC by North Andover Conservation Commission
Si_nature(s1
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 18.th day of October 19 95 , before me
personaliy appeared George L. Reich , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that her)§JtA executed
the same as his/de(r/free act and deed.
March 22, 2002
Notary Pubitc Donna Mae D'Agata My commission expires
PROVIDE COPY OF RECORDING TO THE NOgTH ANDOVER CONSERVATION COMMIHION
Datactt on dotted line and submit to the NACC, 12 Main St. , No. Andover MA 01845
................................»....................................... ..._.................................................................................
To NACC Issuing Authdnty
.Please be advised that the Cernftcate of Comoitance for tna profectat: Lot 3 Candlestick Road ONLY
FiieNumoer 242' 374 has been recorcedatIna Registry of Deeds, Northern Essex
and has been noted in the chain of trite of the aflected broberryon 1 9
it re;croeo tanc.me instrument numoer tvrHch tdentttoes this aansacuon.s
t:registered land.the cocument number wrucn identifies tins transaction is
Signature Aooucant
Forret 5 MORT� A ��
awri.Ne F242-719
,tit 1 50 �' a
o to oanoio oy OEM
North Andover
•- - Commonwealth GN•7awn
of Massachusetts
aom�r3ni Belford Constr,,�+=gin
Lot 3 Candlestick Road
Order of Conditions
Massachusetts Wetlands Protection Ac:
O.L. C. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
Frcm North Andover Conservation Commission
Mark Rae
Te Belford Construction Paul Pennelli
(Nage of Appiicant) (Name of property owner)
221 Blue Ridge Road 3 Twinbrook Circle
Aecre__North Andover, MA 01845 Adcress Andover, MA 01810
This Crcer is issue^_anc eefivered as farrows
C by vane cei+very to=4,icant or recresentative on (care:
All by certriiec coati. return receipt recueste_cn
This cre:ec'is foe::ec at Candlestick Road, Map 106A, Parcel 93, Lot 3
The crcceny Is reccrce_at Vie Registry of Deeds, Essex County, North District
Hccx 2357 _cage 493
The Notice cf Imen:ter erns ere;ec:was,lec on October 14. 1.294 (ca-e!
The cubic re2-ring was =sec on December 21, 1994 (Cate;
Fincincs
The North Andover Conservation Commission has reviewer the aaove-reterencecNcrce of
Ince.^.I anc"tans ana::as neic a zu tic.nearing^n nnse c:C;ec.. . z:eo cn tne,ntanratien avaiacie Ic treeNACC at tats time. me NACC has ceterminec that
the area on wni cn the croIIOsec warx is to ce ccne is signiucant to the toflowing Interests in acccrcZnc=with
the Presurrc::ons of Significance set torn ince reguia:IDTIS:or earn area Suatec:to?rctec=n uncer'ne
Ac:t=ecx as a===ntes: Ch.178 prevention of erosion and sedimentation
. water su=Y Lc canting snelfsrt
Private water suczy storm carnage crevenuon Q Fisneries
Grouna water suat~1Y Q Prevencon of poiiutmn IZ Prote^on of wiid!ife nab:.ot
Ch. 178 Wildlife Ch. 178Q Recreation
To-,a', Fling ree SuDmttteo.__..# ,_, State Share
C:tv,?vwn Share /•� 7` Ch fee in excess cf _;
Tctat Retunc Ove S C:tyi7own Porton — .__ State f rncn`
(1/2 Ictail (112 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, 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. 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
three years from the date of this Order.
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. The wetlands should be re-flagged prior to the
extension request.
6. 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.
7. The proposed work includes a single family dwelling and
appurtenances.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by Belford Construction, 221 Blue
Ridge Road, North Andover, MA 01845.
(b) Plans prepared by Christiansen & Sergi, 160 Summer Street,
Haverhill, MA 01830. Plan dated 10/06/94.
9. The following wetland resource area is affected by the
proposed work: buffer zone. 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 wildlife
interests of the Bylaw. The applicant has not attempted to
overcome the presumption of significance of these resource areas
to the identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
10f6/94 . 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.
11. 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.
12 . 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.
13 . The NACC finds that the intensive use of the upland areas
and buffer zone proposed on this site to construct a dwelling
will cause further alteration of the wetland resource areas. 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-disturbance zone and a fifty (50) foot
no-construction zone shall be established from the edge of the
adjacent wetlands. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (See
Appendix 5 of the local Regulations. )
One area of exception to the 50' no-build zone occurs
between flags A-3 to A-7. As indicated on plans the no-build
zone will be waived to 321 . In order to mitigate any damage to
the bordering vegetated wetland resulting from this waiver and to
discourage future encroachment into the bordering vegetated
wetland, a stone landscape wall constructed to a ' height of at
least two (2) feet above grade shall be installed on the "upland"
side of the indicated erosion control running from a location due
south of the right front corner of the house to a point due west
of flag A-8.
PRIOR TO CONSTRUCTION
14 . 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.
15. 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 h 1 also be noted in the Registry's Grantor r r Index
g Ys
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.
16. A sign shall be displayed at . the site not less than two
square feet or more than three square feet in size bearing the
works, 'Massachusetts Department of Environmental Protection,
File Number 242-719 ".
17. 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.
18. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with a 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.
19 . The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
20. 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.
21. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on plan 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.
22 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 25 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.
23 . A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $4,000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posed 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 NACCIs review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
24 . Upon beginning work, the applicant shall submit written
progress reports every 3 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.
25. 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.
26. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
27 . 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.
28 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
29. Washings from concrete trucks, or surplus concrete, shall
not be directed to, any drainage system or wetland resource area.
30. 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 (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
31. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
32 . Members of the NACC or its agents 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.
33 . 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. Not
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
34 . 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.
35. 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.
36. 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 or seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
37 . Upon completion of the project, 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 structures
constructed within 100 feet of any wetland.
b. "As-built" elevations and grades of all filled
or altered wetland resource areas.
C. Distances from structures to wetlands.
d. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
38 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this Project:
33 . Discharge or spillage of pollutants.
34 . Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides and
pesticides.
Issued By North Andover Conservation Commission
Sig ature( �/`41
)
f
i
I '
This Order must be signed by a majority of the Conservation Commission.
On this 21st day of December 4.9 94 before me
personally appeared George Reich ,to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he:she executed
the sarna as his/her free act and deed.
�',at� ���..e 1 _.c1 � M►► tit,rpite.leae�,�;
Notary Fublic .U My commission expires
The applicant.the owner.any person aggneved by this Order,any owner of land abutting the land upon which the oroposea work is to be
none.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 Protection to issue a Superseding Order,providing the request 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 10.03(7),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.
NORTH ANDOVER CONSERVATION COMMISSION
NORT ANDOVER TOWN HALL
Detach on dotted line and submit to the r A,,,t C gr onseryation Comm prior to commencement of work.
ILV M1111111 LT ........................................................
To !ssuing AuinorrtY
Lot 3 Candlestick Road
Please be advised that the Order of Conditions for the protect at
File Numoer 242- 719 has been recorded at the Req,stryof Deeds, Essex County North District ana
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19
it recorded land. the instrument number whtcn identifies this transacnon is
It registered land. the document number which identifies this transaction is
Signature acoucan,
5-4A
i-,.i L �2
Town of North Andover ! HQRTN 1
OFFICE OF ��Q�`' °•6�°oL
COMMUNITY DEVELOPMENT AND SERVICES -
146 Main Street gTf O- P`y�y
KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSACHus�s
Director (508)688-9533
October 19, 1995
Mr. Joseph Barbagallo ' ' ;
' y -M.r+a
140 Duncan Drive
North Andover MA 01845 ar
RE: Certificate of Compliance Denial
(DEP File # 242- 719)
Dear Mr, Barbagallo:
Under the guise of the Massachusetts Wetlands Protection Act (310
CMR 10. 00) and the North Andover Wetlands By-law and after
subsequent public review at a Conservation Commission hearing held
on October 18, 1995 , project compliance for
Lot 3 Candlestick Rd (DEP File # 242 719) was denied by the North
Andover Conservation Commission (NACC) .
This denial was based on the following outstanding compliance
issues:
"As-built Plan" as submitted did not reflect existing
in-field conditions.
If you have any questions or further concerns regarding project
compliance please do not hesitate to contact this office at the
phone number listed above.
Sincerely,
eorge W. Reich
Chairman, Conservation Commission
dmd
Deniall.COC
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D.Robert Nicada Michael Howard Sandra Starr Kathleen Bradley Colwell