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HomeMy WebLinkAboutMiscellaneous - 271 CANDLESTICK ROAD F Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 2-461 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Stacy & Douglas Korn computer, use Name only the tab key to move 271 Candlestick Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert Janusz Name April 19, 1988 242-461 Dated DEP File Number 3. The project site is located at: 271 Candlestick Road ( Lot 27) North Andover Street Address City/Town 106.A Parcel 235 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 2781 117 County Book Page N/A Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 7/29/04 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: PCOC for Lot 27 only "aform 8b.doc•rev.12/15/00 Page t of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: I WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) El Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future worts subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Omer of Conditions. ® Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order,such as maintenance or monitoring,that should continue for a longer period). Condition Numbers: C. Authorization Issued by: V21Q Conservation Commission Dde of ksuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See Appendix A). Sign ture e , On �h Of f k,S7 Q00 c/ Day Month aiq Yew before me personally appeared SC01+ �aSSe- to me known to be the person described in and who executed the foregoing instrument and acknowl dged that he/she executed the same as his/her free act and deed. ry Pubic DONNA M.WEDGE NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My Comm.Expires Aug.7,2009 wpaform 8b.doc rev.12/75400 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-461 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-461 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County fo r: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant "aform 8b.doc-rev.12/15/00 Page 3 of 3 i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A - 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 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Starting Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover - North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland concord Ipswich Minis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc-Appendix A-rev.8/5/04 Page 1 of 1 310 CMR 10.99 J0 Form 8 ANDOVER t DEP File No. 242— 641 f (To oe orovioed by DEP) Commonwealth D,ly'own North Andover of Massachusetts Robert Janusz Aooacant Lot 27 Candlestick Road Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From North Andover Conservation Commission Issuing Authority 40 Sunset Rock Road To Robert Janusz Andover MA 01810 (Name) (Address) Date of Issuance December 2$, 1994 This Certificate is issued for work regulated by an Order of Conditions issued to Robert Janusz Andover, MA 01810 NACC dated 03-03-93 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. Q It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project,specify what portions are included.) 3. O 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 longer valid. No future work subject to regulation under the Act may be commenced without filing a new Nonce of Intent and receivinc a new Order of Conditions. (Leave Soace Blank) fi•1 Effective 11/10/89 4. IN 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 03-15-94 (date) at the Registry of Deeds, Northern District . Book , Page Instrument N0. 8220. 5, q 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 s° Signatures) rf. r dw When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 21st day of December , 1994 , before me personally appeared George Reich _.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. Notary Public My commission ex res Detach on dotted line and submit to the ..................................................................................................................... t(?R'fH'ANIIOV'ER'7CfWN�lAll....................... . 1�!....... To NACC 120 MAIN STREET Issuing Authority Please be advised that the Certificate of Compitance for the protect at. NORTH ANDOVER MA 01845 FileNumoer 242— 641 has been recorded at the Registry of Deeds, Northern Essex and has been noted in the cnam of title of the affected orocerry on 19 It reccroeo lanc.:ne instrument numoer,wnicn ioemities tnis:ransac:ion is I!registered land.!ne cocument numoer wntch identifies this transaction is Signature aooucant 8-2 ER 310 CMR 10.9924 R ti Form 5 G MPF" 242-641 (To to onow�W dEPt nr - - " - Cay-Town North Andover - Commonwealth CRY of Massachusetts Accheant Robert Janusz lit rLot 27 Candlestick Road 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 CONSRRVATTON COMMISSION To Robert Janu,1z S^mP (Name of Applicant) (Name of property ownerl 40 Sunset Rock Road Address AndovPr,, MA 01-81.4 Address This Order is issued and delivered as follows: ❑ by hand delivery to aopticant or representative on a (date) { by certified mail.return receipt requested on 3�.3' 7�i tdate! This project is located at Lot 27 Candlestick Road The prooerty is recorded at the Registry of nPPd-cz, N_=,*;_F&r,@&iE Soox 3289 Page 96 Certificate(if registered) r The Notice of Intent for this project was filed on November Z, 1929 (date) The oublic hearing was closed on Jnniinry A 1990 (date) Findings The NACC has reviewed the above-referenced Notice of Intent anc Pians anc nas nets a pualic hearing,on the project. Based on the information avaiiaole to the _ NACC at this time.the NAcc has determined that d work is t be done is significant to the following interests in accordance with ^ the moose o 9 the area on whs„n Q r n Under the f Sinif�cance set form in mer_ uia:lons.or each Area Subject to P ote_ao the Presumot�ons oa_ � Act fc::eck as aaaroonate): Ch.178 Q Prevention of erosion and sedimentation Pubi;C water supaty Flood control ❑ Land containing shellfish ❑ Private water supply - Storm damage prevention ❑ Fisheries Q Groundwater supply Q Prevention of pollution [3Protection of wildlife habitat Ch. 178 U Wildlife Cl 17� rtion Total Fling g=ee Sub teed State bare � Cityi7own Share ' 112.5 0/4 fee in excess cf S2:.) Total Refund Due S City/Town Portion S State Portion S (1/2 total) (1/2 total) E!fo_•tve '1;101E9 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 referencedabove. 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 invasionofprivate 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 construction of a single family home and driveway. 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 Robert Janusz. (b) Plans prepared by Thomas E. Neve Assoc. , inc. dated 11/10/92. 9. The following wetland resource areas are affected by the proposed work: bordering land subject to flooding, and bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These #242-641 Lot 27 Candlestick Road 3 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 10, 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. 13 . 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) except for the construction of the driveway and associated grading for same. 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 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. 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, #242-641 Lot 27 Candlestick Road 4 File Number 242-64111. 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 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. 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 writing of the identity of the on-site construction supervisor hired 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. 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 on the 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 twenty-five (25) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence) . Said bales shall be used #242-641 Lot 27 Candlestick Road 5 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 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 24. Upon beginning work, the applicant shall submit written progress reports every three (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 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. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 30. 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 #242-641 Lot 27 Candlestick Road 6 such spent construction materials off-site. 31. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 32. 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. 33 . 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 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) . 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. #242-641 Lot 27 Candlestick Road 7 b. Distances from structures to wetlands. c. A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14 . Maintenance of catch basins 33 . Discharge or spillage of pollutants. 34. Prohibition of storage of fuels underground. 35. Limitations on the use of fertilizers, herbicides and pesticides.. Issued By North Andover Conservation Commission Signature(s) y, - rl�_ This Order must be signed by a majority of the Conservation Commission. On this-0 0 day of 19 before me personally appeared a , 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. Notary Public My commission expires I Thu apolicant,the owner,any person a.,irieved 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 reduest the Deoartment of Environmental Protection to issue a Superseding Order,providing the reduest is made by certified mail or hand delivery to the Deoartment. 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 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. ................................................................................................................................................................................................................... To North Andover Conservation Commission fssumg Aulnonly Please be advised that the Order of Conditions for the protect at Lot 25CanAl stick Rtaad ——_ Fae Number 242-6:40 has been recorded at the Regtst- of Deeds, North Essex and has been noted to the chain of title of the affected property to accordance with General Condition 8 on 19 If recorded land. the instrument number wntcn identifies this transaction is If registered land. the document number which identifies this transaction is Sicnature AcotecJn! 5.4 A