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HomeMy WebLinkAboutMiscellaneous - 55 BEAVER BROOK ROAD Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Con only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Kristin Skelley return key. Name Name 55 Beaver Brook Road rah Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code Cityfrown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA 3/9/06 Title Date Site Plan 3/9/06 Title Date 3/A Yle Title Efate 2. Date Request Filed: 3/9/06 B. Determination Pursuant to the authority of M.G.L. c. 131, §40,the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): construction of a retaining wall the conversion of a rip-rap slope to a lawn area associated grading activities within the Buffer Zone to a Bordering Vegetated Wetland and within Riverfront Area to Boston Brook. Project Location: 55 Beaver Brook Road North Andover Street Address City/Town Map 106E Parcel 237 _ Assessors Map/Plat Number Parcel/Lot Number wFciform2.doc•rev.311105 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.-L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection), 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation mpaform2.doc-rev 2/1/05 Page 2 of 5 Massachusetts Department of Environmental Protection \\ Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements):' ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located,the subdivided parcels, any adjacent parcels,and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant.However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area.Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent. unless and until said work alters an Area subject to protection under the Act. Page 3 of 5 wpafermZdoe•rev 3MG5 Fowit of oali Atid Yrer Office of the Conservation Department Ca nimunity Development and Services Division •pOqrr°.rY4°J 400 Oss?ootl Street ne►+ust� 4orth Ani ovor, 01845 Telephone (978)h,88-9510 Fax (977) 688-9'5-142 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 55 Beaver Brook Road,North Andover At the March 22,2006 Conservation Commission public hearing the North Andover Conservation Commission(NACC)voted to issue a Negative 5 Determination of Applicability(5-2 vote)to construct a retaining wall for the conversion of an existing rip-rap slope to a lawn area and associated grading activities within the buffer zone to a BVW and within Riverfront area of Boston Brook at the above referenced property. Record Documents: Request for Determination of Applicability entitled"Request for Determination of Applicability for 55 Beaver Brook Road,prepared by Hancock Associates,originally received March 3, 2006,revised March 9,2006; Construction sequencing letter prepared by Hancock Associates dated March 24,2006; Site plan entitled,"Site plan", prepared by Hancock Associates, 185 Centre Street, Danvers, MA 01923 dated 2/23/06 revised 3/9/06.Plans stamped& signed by Vaclav V.Talacko. Pre-Construction Erosion controls,consisting of havbales backed by trenched silt 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 approved and referenced herein and shall be inspected and approved by the NACC prior to the start of constructionand 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 in accordance with the approved plans and procedures. The Conservation Department reserves the right to impose additional erosion control measures on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. In addition, the applicant shall wrap the erosion controls upgradient along both property edges. Immediately following completion of the above-mentioned items, the applicant shall contact the Conservation Department to schedule an on-site pre-construction meeting.The applicant and contractor must be present at this meeting.This Determination shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.48 hours). During Construction ❖ The applicant shall be responsible for ensuring that the specifications,procedures,protection measures, and construction sequence as outlined in the approved plans and documents are fully adhered to. In addition,the applicant shall hire a Professional Wetland Scientist as the project's"Environmental Monitor" (EM) to oversee construction, regular inspections,and advise on any emergency placement or replacement of erosion and sedimentation control devices.This professional must submit a letter on company letterhead stating they have been retained as the project's Environmental Monitor. Further,on every Monday of each week, or otherwise arranged by the Conservation Department, in which the ground remains unstable, it is the applicant's responsibility that the Environmental Monitor(EM) monitor the site and submit written reports to the NACC.The monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts.The reports shall also include current condition of erosion and sedimentation controls;describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion. Once the site is adequately stabilized, the Conservation Department shall be contacted to conduct a final site inspection. ❖ Also upon completion of construction activities,the applicant shall submit an As-Built plan to the Conservation Department. Massachusetts Department of Environmental Protection \ Bureau of Resource Protection - Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ® 5. The area described in the Request is subject to protection under the Acta Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: `1v Ctl A tots$ C> ) ( s 16.f :'A l �� lb�i, z � -C - n.ccr_:S Sor-y Vie, Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request isnot subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: F(by hand delivery on oy certified mail, return receipt requested on _JT;C 64 --- Date Date i This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission..A copy must be sent to the appropriate DEP Regional Office(see Attachment) and the property owner(if different from the applicant). Signatures: f, J If ( : i Date wpaiorm2ACc•rev.3!I)05 Page 4 of 5 1 Massachusetts Department of Environmental Protection L Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 appropriate Department of Environmental Protection Regional Office (see Attachment)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business 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 to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Actor regulations, the Department of Environmental Protection has no appellate jurisdiction. Page 5 of 5 wp❑fonnZdoc•rev.3i1i05 - LE Massachusetts Department of Environmental Protection II Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Mail transmittal forms and DEP payments,payable to: commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 Monroe Pittsfield Tynngham Adams Colrain Hampden Plainfield Wales DEP Western Region Conway Hancock Montague Were Agawam Monterey Richmond 436 Dwight Street Alford Cummington Hatfield Montgomery Rowe Warwick Amherst Dalton Hawley Russell Washington Suite 402 Deerfield Heath Monson Wendell Springfield,MA 01103 Ashfield Hinsdale Mount Washington Sandisfield Westfield Becket Easthampton New Ashford Savoy Phone:413-784-1100 Belchertown East Longmeadow Holland Sheffield Westhampton Holyoke New Marlborough Shelburne West Springfield Fax:413 784-1149 Bernardston Egvmgont Huntington New Sateen Shutesbury West Stockbridge Blandford North Adams Brimfield Florida Lanesborough Northampton Southampton Whately Buckland Gill Lee South Hadley Wilbraham Goshen Lenox Northfield Williamsburg Charlemont Leverett Orange Southwick Cheshire Granby Springfield Williamstown Chester Granville Leyden Ohs Stockbridge Windsor Great Barrington Longmeadow Palmer Worthington Chesterfield Pelham Sunderland Greenfield Ludlow Tolland Chicopee Clarksburg Hadley Middlefield Peru Millbury Rutland Uxbridge Acton Charlton Hopkinton Millville Shirley Warren DEP Central Region Ashburnham Clinton Hubbardston Shrewsbury Webster 627 Alain Street Douglas Hudson New Braintree ry Westborough Ashby Holliston Northborough Southborough Dudley Southbridge West Boylston Northbridge Worcester,MA 01608 Athol Dunstable Lancaster West Brookfield Auburn North Brookfield Spencer Phone:508-792-7650 East Brookfield Leicester oakham Sterling Westford Ayer Leominster Westminster Fax:508-792-7621 Barre Fitchburg Littleton Oxford Stow Gardner Paxton Sturbridge Wincester TDD: 508-767-2788 hendon Bellingham Grafton Lunenburg Sutton Worcester Berlin Marlborough Pepperell Blackstone Groton Petersham Templeton Biton Harvard Philiipston Maynard Townsend r Boxborough Hardwick Medway g T n sborough Mandan Princeton y Boylston Holden Royalston Upton Brookfield Hopedale Milford Mattapoisett Provincetown Tisbury Abington Dartmouth Freetown Ra nham Truro DEP Southeast Region Ga Head Middleborough y Wareham Acushnet Dennis Gosnold Nantucket Rehoboth Wellfleet 20 Riverside Drive Attleboro Dighton Bedford Rochester Duxbury Halifax New Rockland West Bridgewater Lakeville,MA 02347 Avon Eastham Hanover North Attleborough Sandwich Westport Barnstable Norton West Tisbury Phone: 508-946-2700 Berkley East Bridgewater Hanson Norwell Scituate Fax: 508-947-6557 Bourne Easton Harwich Oak Bluffs Seekonk Whitman Ed artown Kingston Sharon Wrentham TDD: 508-946-2795 Brewster g Lakeville Orleans Yarmouth Bridgewater Fairhaven Somerset Pembroke Fall River Mansfield Stoughton Brockton Plainville Falmouth Marion Swansea Carver Marshfield Plymouth Chatham Foxtiorough plympton Taunton Chilmark Franklin Mashpee Merrimac Quincy Wakefield Amesbury Chelmsford Hingham Randolph Walpole DEP Northeast Region Chelsea Holbrook Methuen Reading Waltham Andover Hull Middleton Watertown 1 Winter Street Arlington Cohasset Millis Revere Ashland Ipswich Rockport Wayland Boston,MA 02108 Danvers P Lawrence Milton wley Wellesley Bedford Nahant Salem Phone:617-654-6500 Belmont Dedham Lexington Salem Wenham Lincoln Natick West Newbury Fax: 617-556 1049 Beverly Dover Lowell Needham Salisbury Weston TDD:617-574-6868 Billerica Dracut Newbury Saugus Boston Essex Lynn Ne.wburyport Sherbom WeymouthWestwood Boxford Everett Lynnfield Somerville Framingham Malden Newton Wilmington Braintree Stoneham israckline Georgetown Manchester-By-The-Sea Norfolk SudburyWinchester Marblehead North Andover v^Jntnrop f3�nington Gloucester Swampscott North Reading Gn?velrnd Medfield Tnwksbury 'vVcbum l;,rnti-ri Medford Norwood t inion Hamilton Peabody Topsfield Cnrlirle Haverhill Melrose page 1of 1 7vpatcnn2.dcc•DEP Addresses•rev,1016104 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1 Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the -- computer, use Name only the tab key to move Mailing Address your cursor- do not use the State Zip Code return key. City/Town Fax Number(if applicable) rad Phone Number Project Location Mailing Address State Zip Code City/Town 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address State Zip Code Cityl-rown Fax Number(if applicable) Phone Number. 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 •�pa1cnn2.doc•kequest for Gep::rtmental Action Fee Transmittal Form-rev.1316!04 Massachusetts Department of Environmental Protection I. \'� Bureau of Resource Protection - Wetlands i Action Fee Transmittal Form Request for Departmental I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form,eaate ed cTo the extent that the Determination orlearly and concisely the objections to hOrder is Determination or Order which is being app based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Attachment A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Page 2 of 2 ,upetorrn2Acc•Request for 0ep,jrtmental Action Fee Transmittal Form•rev.1016104 310 CMR 10.99 Form 8 DEP File No. 242 -851 (To be provided by DEP) UA' Commonwealth City, Town: North Andover of Massachusetts Applicant: Christiansen & Sergi, Inc. Lot 19 Beaver Brook Road1 . ' Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, s 40 From: North Andover Conservation Commission Issuing Authority 160 Summer Street To: Christiansen & Sergi, Inca Haverhill, MA 01830 (Name) (Address) Date of Issuance: November 4,, 1998 This Certificate is issued for work regulated by an Order of Conditions issued to Messina Dev. Corp. dated 3/13/97 and issued by the NACC 1. It is.hereby certified that the work regulated by the above-referenced Order of Conditions.Y . has been satisfactorily completed. 2. ❑ It is hereby certified that only the following portions of the work regulated by the above- referenced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) 3. ❑ It is hereby certified that the work regulated by the above-referenced Order of Conditions was never commenced. The Order de of Conditions has lapsed and is therefor no longer. valid. No future work subject to regulation under the Act may commenced withotif filing a new Notice of Intent and receiving a new Order of Conditions. (Leave Space Blank) Effective 11/10/89 8-1 242-851 4. ❑ This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded on 5/5/97 (date) at the Registry of Deeds , l"tk Instrument #11339 5. ❑ The following conditions of the Order shall continue: (set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by: North Andover Conservation CD=ission Signature(s): W/hen issued by the Conservation Commission this Certificate must be signed by a majority of its , members. �< On this 4th day of November , 19 98 , before me personally appeared Albert P. Manzi, Jr. 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. December 11, 2003 Notary Public My commission expires Detach an dotted line and submit to the ....... ......................................................................................................................................... ?'o North-Andover Conservation Commission issuing Authority. Please be advised that the Certificate of Compliance for the project at: File Number 242- 851 has been recorded at the Registry of Deeds,Northern Essex and has been noted in the chain of the affected property on . 19 If recorded land,the instrument number which identifies this transaction is If registered land,the document number which identifies this transaction is Effective 1.1/10/89 310 OMR 10.99 ' Form 5 i . DEP Fats No. l.r 242-851 (to be txwwwo by UEPt =T Commonwealth Cdy,town North Andover of Massachusetts' Messina Development Aoot�cant PCorp. ' 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 COMIISSIQN To Messina Development Corp. Same . (Name of Applicant) (Name of property owner Address 18 Bryan Lane, Andover, MA 01810 Address Same • This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on 3 - �� ���5 l'6� %� (date) This project is located at Lot 19 Beaver Brook Rd, Evergreen Estates The property is recorded at the Registry of Northern r-sgnm Deeds Book 4372 Pace 337 Certificate (if registered) The Notice of Intent for this project was tiled on January 24, 1997 (date) The public hearing was closed on February 19, 1997 (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 on ttte information avattaole-tc the NACC at this time, the _ 1ACC has determined that the area on which the proposed work is to be done is significant to the (oiiowmg interests in accoro.-trtce v.rth the Presumptions of Significa ce orth in the re ulattons for each Area Sublect to Proteng1i LInder (tie Eh. -17 Recreation Act (check as appropriate): Ch.178: —_ Preventionof Erosion & Sedimentation Ch.178 Wildlife Pubiic, water supply Flood control I ❑ L -ind containing shellfish Private water supply Storm damage prevention Fisheries Ground water supply Prevention of pollution Protection of wildlife habitat Total Filing Fee Submitted $55.00 State Share_ $15.00 CitylTown Share $40.00 (V tee in nxccas of S2S) Total Refund Due S CityrTown Portion S State Portion S ('ii total) ('iz total) Jr 1:11 ..:..- IIII rrrcn ' t i DEP FILE 0 242 - 851 Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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 property 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 thirty days (30) prior to the expiration date of the Order (Refer to Section VIII(p.15) of the North Andover Wetland Regulations). 6. 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. 7. The proposed work includes: Construction of a single family dwelling,driveway, and septic system within the limits of the Riverfront Area and the Buffer Zone of a BVW.: C:Wjnwprd\OOC\242-851Aw 1 NACC3/11/97 DEP FILE #242 - 851 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may required): Y be re q ) Notice of Intent filed by: Messina Development Corporation DATED 1/24/97 Plans prepared by: Christiansen&Sergi entitled"Lot 19 Beaver Brook Road" DATED REV 2/13/97 9. The following wetland resource areas are affected by the proposed work: Riverfront Area and the Buffer Zone of a Bordering Vegetated Wetland (BVW). 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. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated REV 2,/1.3/97. 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 will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a fifty foot (50') No-Disturbance Zone and a ninety six foot (96') No-Construction 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). 14. 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' C:\'Winword\OOC\242 S5 ,.doc 2 NACC 3/11/97 DEP FILE # 242 - 851 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. 15. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. C.\Winword\OOC\242-851.doc 3 NACC 3/11/97 DEP FILE #242 - 851 PRIOR TO CONSTRUCTION 16. 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. 17. 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 form at the end of this Order prior to commencement of the work. 18. 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 242-851." 19. 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. 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 enswe 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 C:\Winword\00C1242-851.doc 4 NACC 3/11/97 DEP FILE # 242 - 851 supervisor hired to coordinate construction and to ensure compliance with this Order. 21. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 22. 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. 23. 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 approved and referenced 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. 24. 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. 25. A check payable to the Town of North Andover shall be provided in the amount of$5,000 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 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 monetary 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 local ByLaw. C.\Winword\OOC\242-851.doc 5 NACC 3/11/97 DEP FILE #242 - 851 DURING CONSTRUCTION 26. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 27. Upon beginning work, the applicant shall submit written progress reports 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. 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. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover.Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 33. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 34. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource C.\Winword\00C\242-851.doc 6 NACC 3/11/97 DEP FILE #242 - 851 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. 35. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 36. 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. 37. 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. C.\Winword\OOC\242-851.doc 7 NACC 3/11/97 DEP FILE #242 - 851 AFTER CONSTRUCTION 38. 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. 39. 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. 40. 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. 41. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer 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"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) "As-Built" elevations and grades of all filled or altered wetland resource areas; c) Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, stone walls, POOLS, retaining walls,and approved decks; d) Aline showing the limit of work. Work includes any disturbance of soils or vegetation; e) Location of all subsurface utilities entering the property; CAWinword\000242-851.doc 8 NACC 3/11/97 DEP FILE # 242 - 851 f) Location of existing erosion controls. 47 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. 48. 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 # 242-851. 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 authority to waive these setbacks as established under the local ByLaw; • Maintenance of catch basins; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers,herbicides and pesticides. C.\Winword\OOC\242-851.doc NACC 3/11/97 #242- 851 242-851 Issued By N RT E Conservation Commission i Jf1V __ Signatures) VV VV V Z1 Thi Order must be signed by majority of the Conservation Commission. On this 12th day of March 1997 before me personally appeared Joseph W. Lynch, Jr. , 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. r December 11, 2003 Notary Public �^ 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 len 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 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 of issuance of this Order.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. RECORDING INFORMATION: Detach on dotted line and submit to the North Andover Conservation Comm prior to commencement of work. ...................................................................................................... ......... .._..... ............................................................. ......... North Andover Conservation Commission 120 Main St. North Andover 018%5 To ssuing Aut iority Please be advised that the Order of Conditions for the project at Lot 19 Beaver Brook Rd, Evergreen Estates File Number 242-851 has been recorded at the Registry of Deeds, Northern Essex and has been noted in the chain of title of the affected property in accordance with General Condition B on . 19 If 9If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is_ -—_---__---_- Signature Applicant 5-4A