HomeMy WebLinkAboutMiscellaneous - 61 ABBOTT STREET �f !
310 CMR 10.99
Form B
DEP File No. _
242 709
(To be provided by DEP)
VUE -_
C+iylown ' North Andover
Commonwealth
-. of Massachusetts Aooucani Brice Builders, Inc.
c24 4a,e0-rr sr
Certificate of Compliance
Massachusetts Wetlands Protection Act,'G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
14 Moccasin Path
Brice Builders, Inc. Atkinson, N.H. 03811
10
(Name) (Address)
Date of Issuance July 2, 1997
This Certificate is issued for work regulated by an Order of Conditions issued to William Walsh
10/31/94 NACC
dated- and issued.by the.
1 . 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 f r r of Conditions have been satisfactorily completed;elf 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 of Conditions has lapsed and is therefore no loncer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
.................................
(Leave Soace Blank)
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4. 13 This certificate shall be recorded in the Registry of Deeds or the land Court for the distract in
which the land is located.The Order was originally recorded on 4/6/95 (date)
at the Registry of. Deeds. North Essex .Mbvd&, .
Instrument #6857
5. p 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 Commission
Signature(s)
fiy lye
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 2nd day of July . 19 97 before me
personally appeared Scott Masse , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
t
�✓ y December 11, 2003
Notary Public Of My commission expires
Detach on dotted line and submit to the
To NACC Issuing Authority
Please be advised that the Certificate of Compitance for the protect at:
FileNumoer 242— has been recoroedatthe Registry of Deeds, Northern Essex
and has been noted in the cnatn of title of the aflected property on t 9
it.reccroeo tanc.:ne instrument numoet:wnicn identities trios xansac:ton.s
I:registered land.me cocument number wntcn identifies this fransactton is
JOYCE
310 CMR 10.99 a AW
T COY`l
KC T SA3 R j
Form 5 Do Fie No, 242-709
OCTZ5 2os t Qo op awnw or OEM
Commonwealth cay.Town No. Andover
of Massacnuseii5 Acaftca"t William Walsh
Lot 2, 2A Abbott Street
Order of Conditions (01
Massachusetts Wetlands Protection Act
C.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
To William Walsh Same
(Name of Appiicant) (Name of property ownerl
56 Cox Lane
Methuen, MA 01844 56 Cox Lane
Adcress Adaress Methuen, MA 01844
This Orcer is issued and delivered as follows:
Xby hand delivery to aC=iicant or representative o .I I +A✓ �5 7 O 3) -9 V (Cate)
C2 by certified mail.return receipt reaueste on (Cate)
This erojec:is located at Lot 2, 2A Abbott Street
The croeeny is reccraea at the Registry of Deeds, Essex North
Sao 3401 Page 56
Cer rficate (if registered)
The Notice of Intent for this project was filet on August 183, 1994 (oatel
The ouclic nearing was closed on October 5, 1994 (Cate}
Fincincs
The North Andover Conservation Commission Ras rewewea the above-relerencec Notice of
intent ant clans arta rias neic a puaiic-nearing an the;.:a;ss.. Based on the tntormation avaitaaie to the
NAC . at this time. the NACC has aetermined that
the area on wnicrt the oroaOsec work is to be Cone is signtficant 10 the following interests in aczarcance with
the Presurrc,icns of Siontftcance set form in the regtua:tons tar each Area Stat;ect to Prose_•on Uncer the
Ac:t=.ecx as acerotmatei: Ch.178( prevention of erosion and sedimentation
Pubic water suepty 8l Fiord conaroi L3 Land cantaining shellfish
Q Private water sucpty 1ffi Storm aamage prevention Q Fisheries
Ground water supply Prevention of poiluuon Prote=on of wiidiife habitat
S
Ch ZiS Wildlife Ch•178{ tion
Tmat}=Sling Fee Subrnnted State Share $l f.
Citvi7own Share $137.50 (1/'6- fee in excess of SZ ;
Total Retunc Cue S City/Town Pamon S State Portion 5
('/z total) (1/2 total)
LOT 2, 2A ABBOTT ST. ,242-709 2
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 p 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 grading for house and septic system
construction within 100' of BVW,, construction of driveway and
well within buffer zone of resource area. All non-paved
disturbed areas will be loamed and seeded; erosion control during
construction is being provided. The house will be out of the
NACC 50 ' no build zone and the 25' no cut zone is respected
except at the driveway access (16' from BVW) —WAIVER REQUEST
section xl (25' no cut zone) 16' from BVW — driveway access.
LOT 2, 2A ABBOTT ST. 242-709 3
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 William Walsh
(b) Plans prepared ,by Robert C.Daley, Merrimack Engineering
Services, Inc.`
9. The following wetland resource areas are affected by the
proposed work: buffer zone and bordering vegetated wetland.
These resource areas are significant to the interests of the Act
and Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
REV. 10/6/94. 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 SINGLE FMAILY
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 zoneiand 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.
EXCEPTION - DRIVEWAY CROSSING 16' AS REFERENCED IN PLAN.
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
I
LOT 2, 2A ABBOTT ST. 242-709 4
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 ConservationCommission 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
words, "Massachusetts Department of Environmental Protection,
File Number 242-709".
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 p 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
revisedP lan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to thestart
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 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 writingofthe identity of the on-site
y
construction supervisor hired o
p r d 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.
LOT 2 2A ABBOTT ST. -
242 ?09 5
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 SHOWN IN 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 $3.000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned onthe 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
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
LOT 2, 2A ABBOTT ST. 242-709 6
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. [for work in a wetland] After proper grading, all disturbed
areas located within a resource area which will not remain as
wetlands areas, shall be loaned (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 re 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.
30. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
31. 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.
32 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
33 . 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.
34. 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
35. 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.
LOT 2, 2A ABBOTT ST. 242-709 7
36. 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.
37. 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.
38. 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) . (Optional additions to above) A letter from a
qualified wetland scientist certifying compliance with
local/state regulations is also required for the wetland
replication/restoration area. 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.
39. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
34. Discharge or spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By North Andove_r, Conservation Commission
Signatu,'4&'�'2'�4
This Order must be signed by a majority of the Conservation Commission.
On this day of OC7--OSE ? 19 , ._ before me
personally appeared Kevin Foley to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
(i ►
Notary Public My commission expires
The apoucant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the propcsea work is to be
acne.or any ten residents of the city or town in which such land is located.are hereby notified at their right to reduest the Department of
Environmental Protection to issue a Superseding Order, providing the reduest is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and fee Transmittal Form as provided in 310 CMA 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.
Detach on dotted line and submit to the North Andover Conservation Colum. prior to commencement of work.
........................................................ ......... ....... ........ ......... ........ ................ •. . ........MA 01845
To North Andover Conservation Commission, 120 Main St. , No. Andover IssunGautnority
Please be advised that the Order of Conditions for the protect at Lot 2, 2A Abbott Street
P,le Numoer 242— 709 nas 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
It recorded land. the instrument number wnicn tdenafies this transaction is
It registered land. the document number which identifies this transaction is
Signature Acoucani
5-4A