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310 CMR 10.9994
Form 5 242-63
(to as ammo o ay OEM
_
Cay-Town North Andover —
Commonwealth
of Massachusetts acoucanr Michael J. `T•ear��
Lot 2A (#57) Essex Street
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. C. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commissinn
To Michael J ark` Same
(Name of Applicant) (Name of property ownerl
P.O. Box 256
Address Boxford MA n 1&A s Address
This Orcer is issued and delivered as follows:
C2 by
by hand delivery to acoticant or representative on /j
by certified mail.return receipt requested on -�
Wdl9� P 9Q J��5 1?02 (date)
This project is located at —Lot-2A (#57) FGGex gtrcot
The property is recorded at the Registry of Deeds, North Essex.
Sao k 1257 _ Page 791
Certificate(it registered)
The Notice of Intent for this project was filen on November 12- 1992 (date)
The public nearing was closed on
November 18, 1992 (date)
Findings
The ,,Te rr has reviewed the above-referenced Notice of
Intent anc awns and nas nerd a puaiic hearing on the-.rc;ec%. Based on the infor ation avaiiabte to the
NACC at this time.the NAEE -has determined that
the area on which the ar000sed work is to be done is significant to the following interests in accoroance with
the Presu=%,Ons of Significance set forth in the regula-vons for each Area Subject to Protection Under ine
Act tc!:eck as abbroanatel: Ch.178 m Prevention of erosion and sedimentation
Public water supply Flood control 0 rand containing shellfish
Private water supply Storm damage prevention ® Fisheries
Ground water supply Prevention of pollution Protection of wildlife habitat
Ch. 178 Wildlife Ch.178M Recreation
Total Fling l=ee Submnted Slate Shan'
CityiTown Share $40.00 ('h_ t tri excess cf S-2 55)
State Portion S
Total Refund Due S CityfTown Portion S
( ('/Z total)
'/z total)
E!te=:ve
r
Therefore, the North Andover Conservation Commission (hereafter
n n
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.
GENERAJ, 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.
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 the construction/repair of a septic
system and related grading within the buffer zone.
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 Michael J. Leary.
(b) Plans prepared by Merrimack Engineering Services, Inc.
revised, November 6, 1992, revised November 12, 1992.
9. The following wetland resource area is affected by the
proposed work: buffer zone and bordering vegetated wetland.
These resource areas are significant to the interests of the Act
r
#242-635 Lot 2A (#57) Essex Street 3
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
November 12, 1992.
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.
PRIOR TO CONSTRUCTION
13 . 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.
14. 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.
15. 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 242-635" .
16. 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
#242-635 Lot 2A (#57) Essex Street 4
said public hearing the NACC will issue an amended or new Order
of Conditions. An o
Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be stili 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.
17. 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.
18. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
19. 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.
20. 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
shown on plans, also, prop double layer 10 mil. polyethylene
barrier as shown on plans. This 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.
21. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-five
(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.
22. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $2,000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
#242-635 Lot 2A (#57) Essex Street 5
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
23 . Upon beginning work, the applicant shall submit written
progress reports every one (1) 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.
24. 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.
25. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
26. 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.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
28. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
29. 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.
30. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
31. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
#242-635 Lot 2A (#57) Essex Street 6
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
32 . 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
33 . The applicant shall construct a monitoring well between the
septic system and the wetland. Groundwater samples will be taken
and analyzed by the applicant to determine fecal coliform
concentrations. Results will be submitted to the NACC and the
Board of Health on an annual basis for the life of this septic
system or any future systems in this location.
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 and 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) .
I
#242-635 Lot 2A (#57) Essex Street 7
38. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
13. Monitoring well.
33. Discharge or spillage of pollutants.
34. Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides
and pesticides.
� F
Issued By Nort Andover Conservation Commission
i n r
S g atu e(s)
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4'V4VIA
44AX A.—
This Order must be signed by a majority of Conservation Commission.
On this 2n4 ay of ����`?Z _ .� 19 z before me
personally appeared d4va'sec , 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/tier free act and deed.
otary Public My commission a ires
The apbiicant,the owrre,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done.or any ten residents of the city or town in which such land is located,are hereby notified of their right to reouest the Department of
Environmental Protection to issue a Superseding Order,providing the reauest 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 10.030,within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
•.......•...... .'. .•.•..••••...••....••.................•-.••-••..•,...•..-..•...••••.'..••-,••.
North AndoverConservation Commission
To .ssutng Authority
Please be advised that the Order of Conditions for the project at Lot 2A (#57) Essex Street
File fvumoer 242— 635 has been recorded at the Registry of Deeds, North Essex and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19
If recorded land. the instrument number which identities this trat=cnon is
It registered land. the document number which identifies this transaction is
Stcnawre AcDticani
5-4A