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HomeMy WebLinkAboutMiscellaneous - 71 BEAVER BROOK ROAD 310 CUR•10.09 Farm $ pEP File No. 242— 835 (To oe oroviced by QEF) _ — Commonwealth Ctiv?own North Andover =- of MassachusettsAaoucanc Donald Wilkes , Lot 18 Evergreen Estates Certificate of Compliance Massachusetts Wetlands Protection Act, C.L. C. 131, §40 North Andover Conservation Commission From Issuing Authority To Donald Wilkes '71 Beaver Brook Road (Name) (Address) Cate ct Issuance 9/2/98 - ns Cdr ,fic=te is issued for work regulated by an Order of Conditions issued to Al Couillard; DECM Essex, dated_ 12/6/96 end issued by the NA 0. Inc. It is hereby certified that the work regulated by the abave-reterencea Oraer of Conditions has been satisfactorily completed. Z. Q It is hereby certified that only the following portions of the work regu!ated by the move-refer ended Oraer at Conditions have been satisfactorily completed:(if the Certificate of Compliance does not inc!ude the entire project. specify what portions are inc!uded.) C It is nerety certified that the work regulated by the above-referenced Order of Conditions was never commenced.The Oraer of Conditions has lapsed and is therefore no !oneer vafld. No-future wcrn sublect t0 re`rulation uncer the Act maybe commenced without filing a new Notice of Intent arc receiving a new Orcer of Ccncitions. tt.eave Soace Blank► ' , s_1 ' 242-835 a. ❑ This certificate shall be recorddd in the Registry of Deeds or the Land Cour,tar the district in wntcn the land is located.The Order was originally recorded on _ 9/11g8 (Cate) at the Registry at Deeds, North Essex , Book Page II� � Instrument 429488 5, Q The following conditions at the Order shall continue: (Set forth any conditions contained to the Final Order, such as maintenance or monitoring, which are to continue tar a longer period.) Issued by North Andover Conservation Commission Signature(s) Wheissued by the Conservation Commisicn this Certificate must be signed by a majority of is members. On this 2nd day of September . 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 heishe executed the same as his/her free act and deed. 00, December 11, 2003 i " Notary Public My commission expires ` aet9cri on totted line and suomit to the ......,.....r_ _........_. ....._ �.r .........._................................................... T� NACC Issuing Autnonry Please oe aavtsea trot the Cerutzcate of Comottance tar tine protect at. File Numoer 242-835 nasoeenreccraedattneRegistry at Deeds, Northern Essex ano nos oeen notes in the cnatn at title of me attectea'oracerty an t 9 tt:reccraea tans.me instrument numaer tvnttrfl toentwes trus transaenon is tt registered tana.the cccument nurnaer wntr-i tae-mattes tncs t:s C*=n t-, 0 %��U 3110 sti,R toss /yl /'ZZ r��.. a3�o Form 5 oEP r4a r1o. 242- 835 to tew awxsM Cr UECi Commonwealth Car Tow North Andover of Massachusetts DECM Essex, Inc. — Lot 18 Beaver Brook Road Evergreen Estates Order of Condition 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 COMMISSION Al Couillard DECM Essex, Inc. Same as applicant To (Name of Applicant) (Name of prooerty owner( 660 Rogers Street Address Lowell, MA 01852 Address Same as applicant This Order is issued and delivered as follows: ❑ by hand deiivery to applicant or representative on / idate) by certified mail, return receipt requested on ��/rf/�` ?//S' F � (date) This project is located at Lot 18 Beaver Brook Road, Map 106B, Parcel236 The property is recorded at the Registry of Northern Esclex Book 1087, 2901 Page 314, 13 Certificate (it registered) - The Notice of Intent for lhis pro1ect was tiled on October 23, 1996 (dale) The public hearing was closed on November 20, 1996 (date) Findings The North Andover Conservation Commission has reviewed fhe above-fefere•,ced'Notice of Intent and pians and has held a public hearing on the project. Based on the information availaoie tc the NACC at this time. the ref:('. _ Ills deierniured Itl;rt the area on which the Qr000sed work is to be done is significant to iha factoring interests in accoraance v.lth the Presumptions of Significaccttce ort the recj ulations for each Area Subject to Prote^t+QP Under tree Gh. � Recreation Act (check as appropriate): Ch-178: Prevention of Erosion & Sedimentation Ch. 178xWildlfe Pubiio water supply Flood control ❑ L.tnd containing shellfish Private water supply [ Storm damage prevention Fisheries Ground water supply [ Prevention of pollution 112:5 Protection of wildlife t}ab�tat Total Filing Fee Submitted $250.00 State Share $112:50 rte_______ -- CityfTown Share $137.50 ('�, lee in r�xccss of S Total Refund Due S City(Town Portion S ' State Portion S ('rz total) pz total) �. f DEP FILE #242 - 835 Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance c n e Standards set forthin the State Regulations, the local B Law and Regulations,g ns, 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 30 days 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: Constriction of a single family dwelling,driveway and associated grading within the 100'BZ of a BVW. 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: DECM Essex,Inc. 660 Rogers Street Lowell,MA 01852 CAWinword\00C\242-835.doc I NACC 12/6/96 DEP FILE # 242 - 835 Plans prepared by: Christiansen&Sergi entitled"NOI Lot 18 Evergreen Estates" DATED 1OP495 9. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland(BVV1). This resource area is significant to the interests of the Act and Town ByLaw as noted above. This resource area is also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of this resource area 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 14/22/95. 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 perform the work approved herein will cause further alteration of the wetland resource areas. In order to mitigate impacts and prevent any alteration of wetland resource areas a twenty five foot(251 No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent vegetated wetland. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). 14. This Order of Conditions is issued in addition to those issued under DEP #242-743. 15. ANY FUTURE PROJECT WHICH PROPOSES A WETLAND CROSSING IN ORDER TO ACCESS CERTAIN PORTIONS OF THE PROPERTY WILL NOT BE QUALIFIED AS A LIMITED PROJECT ROADWAY UNDER 310 CMR 10.53(e). 16. 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. CAWinwordk000242-835.doc 2 NACC 12/6!96 1 DEP FILE #242 - 835 PRIOR TO CONSTRUCTION 17. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 18. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's GrantorIndex 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. 19. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection,File Number 242-835." 20. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant,the NACC will call for another public hearing (at the expense of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions.Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 21. The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction CAWinword\000\242-835.doc 3 NACC 12/6/96 DEP FII.E # 242 - 835 supervisor hired to coordinate construction and to ensure compliance with this Order. 22. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 23. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 24. A row of staked hay-bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans 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. 25. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty(20) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 26. A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the,NACC, and shall be posted with the North Andover Town Treasure before commencement of work.Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision,satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval.This condition is issued under the authority of the local ByLaw. C:\Winword\00C\242-835.doc 4 NACC 12/6/96 DEP FILE # 242 - 835 DURING CONSTRUCTION 27. 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 its proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 28. 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. 29. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris,I 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: 30. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 31. 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. 32. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area, 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 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. CAWinword\00C\242-835.doc 5 NACC 12/6/96 DEP FILE #242 - 835 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, additionalinformation 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. II CAWinword\00C\242-835.doc 6 NACC 12!6/96 DEP FILE #242 - 835 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 Towns 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 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-Buil"topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Complianceisrequested. This plan will include: a) "As-Built'elevations of all drainage structures constructed within 100 feet of any wetland resource area; b) Distances from structures to wetland resource areas. Structures include, but are not limited to, septic systems, stone walls, retaining walls, and any approved decks; c) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; d) Location of all subsurface utilities entering the property; e) Location of existing erosion controls. CAWinword\00C\242-835.doc 7 NACC-12/6/96 DEP FILE #242 - 835 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#242-835. 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; • Discharge or spillage of pollutants; • Prohibition of storage of fuels underground • Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-835.doc 8 NACC 12/6/96 Lot 18 Beaver Brook Road Evergreen Estates Issued :stn :�. �,� v ConsariaGCn Cc,mnmss;cn AL Jltynaill(e(S� This Order must be signed by a majority of the Conservation Commission. t On this 4th day of Decemb 9 g6 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. 01 p1 � / Notary Public ' u My commission expires i'te accucont,the owner. any;ersan agcneved ty this Orcer.any owner of land apuRirtg the lana uacn which me arot7Csed warx is to oe aane.cr any ten residents of the city or town in wniart sucn land is located.are neraoy notified at tneir rtgm to request me oeaartment at Environmental Protection to issue a Sueerseding Order,providing the recuest is rhade oy certitied mail or hand delivery to the aeeartmertt. witn the appraprtate filing fee and Fes Transmittal Form as occvided in 710 CJAA to.a3M.within ten days tram the date at issuance at MIS Cetermtnatton.A copy at the request shall at the same acne oa sent by certified mail or hand aelrverf to tna Conservation Commission and the aoclicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. A RECEIPT FROM THE REGISTRY OF DEEDS MUST BE SUBMITTED To THIS OFFICE SHOWING THAT THIS ORDER OF CONDITIONS HAS BEEN RECORDED AT THE NORTH ESSEX REGISTRY OF DEEDS. Oetacri an dotted tine and submit to the NQt:th Andover CO ryariunprior io commancemsnt at work. Main Street No. Andover Mrd 01845 ..............••••- ....................._..........................................1 ................ ................r.... ................. ...... ........................... North Andover Conservation Commission :ssu:.'1gAU1117143nty is Lot 18 Beaver Brook Roa Evergreen Estates ?lease oe advised mat the Oreer at Conditions for the orctect a 242 835 Deeds Essex North Distri t -rid =�;e��umczr rias peen recorded at the A��st7y of rias teen notea in the_nain at time at the attec:ea orccerryn accarcance'm General Ccnctt+cn 3 an t4 ----------- it ,ac craea tarc. :ne inSTumant numoer wnIGR tasn.h"Tits Sartsac:an 13 t reG:s;erea!anc. :,Ie roc,mer(numoer wnteri Iaenphes :' trans.3ctton's �nC?.