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HomeMy WebLinkAboutMiscellaneous - 114 BOSTON STREET iol �o C:riR ia.aD .iOYC Ai H17 7 TOWN CLERK AW NORTH ANDOVER Form 5 amF"NIL 242-730 trOF North Andover - - Contmcnweaith •TOM"' `'• of MaSsac:,u5etts _ Donald '_- .Tohnetnn Sm a►opitcant & Nancy A. Johnston 114 Boston Street Order of Conditions Massachusetts Wetlands Protection Ac: G.L. c. 131 1 §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover Conservation Commission Tc Donald F. & Nancy A. Johnston Same_, (Narr,e of Ap-,iic2nt) (Name of craaerty owners 114 Boston Street Acc:e_s North Andover, MA 01845 Arsc:e_s Same — This C:cer,s Issue^_Znc oeiiverec as fotiows: G by rant ce!iverV,O at.=iica+'tt or recrese.^.taiiVe Cn !Ccte: XP—Xby cer iec.,,a,i. return recelsr2 recussiea cr, V����`� � �agN ica:E! This c:c:ec:a ccs:ec at 114 Boston Street The cmceny s re_zrcac at the Regmiry ct Deeds, Essex North 8ccx 1245 Page 781 �cr'.Cica:c' ;If rnr•roron� The NCI:--e C In:en:tc:tars c.c;ec'was f,iec o;, January 12, 1995 rcz:e! The cu ne=rir^y was ctcsea on March 1, 1995 Fincincs NACC ;we rias reviewec:he acove-reierencec No : 2=: inter;an=cans a;,c:'as ne,a a nearin;-.,*i me c:c;ect. 32=102 oil Me,rnerr..aue:,avai3oL:e to Iris NACC at this tame. me NACC Ras ceterm-nec•~at the area cn wman the crccoseC worn is to ee ccne m signtnica nt to the tottowing interests in a=crcance wan Ing�rEsutr�::cns Cf SigntfIC=--2 set loan in t,^.e re-u:a:Yons'or eaC::area StiDte=::0 P!otec:a:+Uncer Iris Ac;;c:e_x as ac=rc-.tatei: Ch.178 i Prevention of erosion and sedimentation Pua:ic water suc=:y Fiooa cornroi L: Lane camalntne sreiltisn Private water suc-.,Y Storm aamace creventtort Q Fsnenes Greura water suociY Prevenucrt of poiiuua"• 17 Prole^art of wiiCtife n=:.vt Ch. 178 Wildlife Recreation To:2; F;inc =re Su-"f:tr:eo .tate .':are C.tv)Tawn Share $290-On Tc:ai Returc Cue -S , C::yi town Por;.on State f :ttcn S ('/2 '0:211 242-730 2 Therefore, the North Andover Conservation Commission (hereafter the 11NACC11) 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 tha 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 CONDITION6t 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 o 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 year 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 roadway and one duelling -i 1001 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 Donald F. & Nancy A. Johnston i ohns on. (b) Plans prepared by Hayes Engineering, Inc. , 603 Salem Street, Wakefield, MA 01880 dated 12/14/94. 9. The following wetland resource areas are affected by he proposed work: buffer zone and bordering vegetated wetly d. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also 242-730 3 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 12/14/94. Prior t o the issuance of a Certificate ca of Compliance, the applicant will submit a plan showing the situs 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 subdivision will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent and approved herein, a twenty-five (25) foot no-disturbance zone and a fifty (50) foot no-construction zone shall be established from the edge of the adjacent wetlands. No disturbance of existing grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations) . Exception: this provision is waived for purposes of constructing detention pond and connecting culvert. 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 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 a 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. 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 proceedingsbeforethe Department or Court have been completed.lete d. 242-730 4 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 informationshallbe 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 242-730". 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 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. 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 242-730 5 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 at least 251 from flags #1 thru 29 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 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. 25. A check running 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 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 26. 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. 27 . 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. 242-730 6 28. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 29. 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. 30. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 31. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 32 . 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. 33 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 34 . 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. 35. 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 36. No underground storage of fuel oils shall be allowed on any lot within one-hundred (1.00) feet ofany 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. 37 . 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. 242-730 7 38 . 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. 39. 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) . 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 104 feet of any wetland. b. Distances from structures to wetlands. C. A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 40. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14 . Maintenance of catch basins. 35. Discharge or spillage of pollutants. 36. Prohibition of storage of fuels underground. 37 . Limitations on the use of fertilizers, herbicides and pesticides. 242-730 . 8 Issued By North Andover Conservation Commission Signat els) A'i llt,4 This Orcer must be signed by a maorfty of the Conservation Commission. On this 15th day of March t Q 95 beicre me personally appeared George Reich tome Known to ce the - person cescr:bec in ane wno executec the foreyofng instrument and acxnowtedged that ne.sne exep::;ec the same as hisi er free act and deed. 0'YA,,* Zf c;a �+ Pucuc J'�FN&T L ���� My commission expires The aroltcant.:ne owner. any Gerson acgneveo::y tats Crcer.anv owner at Iano azuning ins ianc xn wmcn the C cacsec'-vc'f is I ce acne.or any ten res cents or the c:ty or town to wnicn'sucn tana:s tocatsm.ora r.ereov notipeo c .tie+r r„r tc reoues ;ne csaam^P^!o: Environmental Prctec::on !o as e a Sucersec+ng Omer. crowcing the reeuesi:s maos ay cera ea.^au o. nano ca+vee •.the �era^-e^c. wttn the at:erccnate fi,tnc tee ono Fee Transmt::ai Form as orovtoeo to 310 VAR t0.0'Jt71. witnin ten cans trcm the case ct.ssuanoe ct+n:s Deterrm;natten.A c=y c;the ree:.est snail at the same time oe sent Cy certtttea matt or nano ceavery to;tie Conservat:on CcT-i:ss:cn anc the a;a!:oant. If you wisp. to atoeai this decision under the Town 3y1aw, a complaint ...us t be f ijad '_n Superior Court. RECORDING INFORMATION: Oetacn on eottee tine anc suomit to the Forth Andover Conservar�on �o^r±.__prior to commencement at worn. ............................................................................... ........ ....... MA 0184 5 ...... To North Andover Conservation Commission, 120 Main St. , No. Andover sst,;:1gAvlrcr1,v Please oe aovisec inat the Orcer of Conottions!or the protect at_ 114 Boston Rn i Pile Numoer 242— 730 Mas Ceen recorcec at the Registry of Deeds, North —Essex_ Jmc Mats peen notea to ins cnain of tine of the attectec erooerry in accoraance won General Cenaition A on t9 it recoroea tans. the instrument numaer-M=tasnaties tilts transaezon is It regtsterea iana. the eocument number wtueh toentiftes this t WS&CUOn is Accncamt sicnature II 5•4A eft 0r r koev— v - 7 .s._ DAN IE L1 D Tf3r f ?L'iK 310 CMR 10.99 NORTH ANDOVER Form 2 APR 2.J 4 oo P I DEP File No: F- (ro be orovioed by DEP) -•��=_�, Commonwealth C,N,rpwn North Andover �+ of Massachusetts Aovlicanc Donald .iohncfinn �_� � _r1994 #114 Boston Street Dace Reauest Flied March 18, Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION C01,111ISSION Issuing Authority To Nancy & Donald TohnGtnn s�mo (Name of person making request) (Name;of property owner) 114 Boston Street Address North AnrinvPr, MA 01.8 45 Address This determination is issued and delivered as follows: O by hand delivery to person making request on (date) by certified mail, return receipt requested on„tY��y%_ f ', l (date) Pursuant to the authority of G.L. c. 131, §40, the North Andover Conservation Commission has considered your reauest for a Determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): Location: Street Address 114 Boston Street Lot Number: 1. The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act.Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. The work described below, which includes all;part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter tnat area.There- fore. said work reouires the filing of a Notice of Intent. Effective 11/10/89 2.1 3, The work described below, which inciudes all:part of ttie v►ork described in your request, is within the Buffer Zone as defined in the regulations. and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act 2. ❑ The work described in your 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 your 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. 4. ❑ The area described in your request is Subject to Protection Under the Act. but since the work described therein meets the requirements for the foliowino exemption.as specified in the Act and the regulations,no Notice of Intent is required Issued by NORTH ANDOVER Conservation Commission Signature(s) z; z4� d/V`1 1 This Determination must be signed by a majority of the Conservation Commission. On this 14 day of 19�,before me personally appeared 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 tree act deed. Notary Public My commission expires This Determination,Does not relieve the applicant trorn corrloiyino with ali other avoticatile leoeral.state o•loca!statutes.ordinances. byiaws or regulations.This Determination shall be valid for three years form the date of issuance The appitcaht.the owner.any person aggrieved by this Determination.any owner o!land abutting the land upon which the or000sed work is to be cone,or any ten resioents of the city or town in which such land is located.are nor ebynotifieo o!their right to recuest the Department of Environmental Protection to issue a Supersedin0 Determination of Applicaoilli)'.providing the request is made by cermsed maii or hand delivery to the Department.with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(71 within ten nays from the(late of fasuance of this Determination.A copy of the request shali at the same time be cent by certified mail or nano oeuvery to the conservation commission and the applicant. 2-2A