HomeMy WebLinkAboutMiscellaneous - 282 BLUE RIDGE ROAD Massachusetts Department of Environmental Protection 242-891
Bureau of Resource Protection- Wetlands 282 Blue Ride Road
WPA Form 8B P
Certificate of Compliance
g
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at
NORTH ANDOVER North Andover
comwion commi sm COMM
-'282Blue Ridge Roade'
To: sazrerAdd
May 65 Parcel 181 Lot 52
Peter Tyrrell AssessorsMap/Plar� Pa�e//taf
Name
282 Blue-Ridge Road and the final Order of Conditions was recorded on
MailirgAddmss
North Andover March 6, 1998
UYITOwn aw
,
01845
state
Irp Code at the Registry of Deeds for
te
Essex 92 301
2. This Certificate of Compliance is issued for work regulated
by a final Order of Conditions issued to:
Certibcse(dry etemd lard)
Peter Tyrrell
Name 4. A site inspection was made in the presence of the applicant,
January 21, 1998 or the applicant's agent,on:
242-891 t ot60
nfR>ile Numbe Date
Certification
Q Invalid Order of Conditions: It is hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
19 Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No fie work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed. continence without filing a new Notice of Intent and
receiving a new Order of Conditions.
❑ Partial Certficstion:It is hereby certified that only the
following portions of the work regulated by the above-- X Ongoing Conditions:The following editions of the
referenced Order of Conditions have been satisfactorily Order shall continue:(include any conditions contained in
completed.The project areas or work subject to this partial the Final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue for a longer period.)
from this Order include:
Condition Numbers
n......,_s,)
Massachusetts Department of Environmental 242-891 Protection 282 Blue Ridge Road
Bureau of Resource Protection- Wetlands
WPA Form 86 Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
Authorization
On this
Issued by:
NORTH ANDOVER day of
Corrseva wCormrnssian Morrh
, 2000 2000
Oseoflsmanee Year
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Albert P. Manzi, Jr.
and appropriate DEP Regional Office(see Appendix A).
Signature(s) 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
Q/fdeed.
Notary Pudic
led
15� o a 7
Mycommrssionaxpm
i-
kwA -AfflY.-
Vff
' 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: If recorded land,the instrument number which identifies this
transaction is
ConsewoonCommission
Please be advised that the Certificate of Compliance for the
project at fn6oUmentNtnnber
If registered land,the document number which identifies this
transaction is
PhyeaLoratfon
FifeNtwbPr �
has been recorded at the Registry of Deeds of
Signature ofApplirarr
Caurry
and has been noted in the chain of tide of the affected property
on
Date
Book
310 CMR 10.99
Form 8
DFP File No. 242- 827
rto oe oroviced by DEF)
Commonwealth
City Lown ' North Andover
ADOtiCant
Of Massachusetts Peter & Mary Tyrrell
• _ ,�� _
Lot 52, 282 Blue Ridge Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
From North Andover Conservation Commissioft Issuing Authority
282 Blue Ridge Road
To
Peter & Mary Tyrrell North Andover, MA 01845
(Name) (Address)
Date of Issuance 9/3/97
This Certificate is issued for work regulated by an Order of Conditions issued to Peter Tyrrell
dated 9/19/96 and issued by the NACC
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-reter-
enced Order of Conditions have been satisfactorily completed:(if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 52 282 Blue Ridge Road
3. Q 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
worx subject to reoulation unoer the Act may be commenced without filing a new Nonce of Intent
and receiving a new Order of Conditions.
...............................................
(Leave soace Blank)
4. Q 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 7129/97 (date)
at the Registry of Deeds, North Essex , Book 92 Page 301
5. Q The following conditions of the Order shalt continue: (Set forth any conditions contained in the
Final Order. such as maintenance or monitoring, which are to continue for a longer period.)
t
Issued by North Ando er Conservation Commission
J I
-i .
Signature(s) 1.
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 3rd day of September —. 1997 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 hershe executed
the same as his/her free act and deed.
Notary Public My commission expires
Detach on dotted line and submit to the
To NACC Issuing Authonty
Please be advised that the Certificate of Compitance for the protectat.
File Number 242-827 has neon recorded at the Registry of Deeds, Northern. Essex
and has been noted to the cnain of tate of the affected aroeerty on t
If reccroeo tanc.:ne instrument numoer wnicn identities rots transaction is
It registered land.the cocument numoer wnicn toenttetes this transaction is
282 Blue Ridge Road
310 C 10.99 Lot 52
Fcrm 5
0 E P r:,M r,o, l� 242-827
(to L-Loc—Mn Cy UEr•1
=t- City,Town North Andover
Commonwealth
of Massachusetts xaoicar,t Peter Tyrrell
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw .Chapter 3.5
rrom NORTH hVIDOVER CONSERVATION CORMLSSION
To Peter Tyrell Same as applicant
(Name of Applicant) ('(Jamie of QrCQerty ov-frler)
Address 282 Blue Ridge Road Address Same as applicant
No. Andover MA 01845
This Order is issued and delivered as follows:
n by hand delivery to applicant or representative on (data)
xxZ�xby certified mail. return receipt requested an September 19 1996 (date)
chis project is located at 282 Blue Ridge Road, Lot 52
The property is recorded at the Registry of No rrhe rr, Es
Sock 87 page 97
Certificate(it registered) _
The Notice of Intent for this project was filed an August 23, 1996 Ida tel
' .:
The public hearing was closed an September 4; 1996 (date:)
Findings
The North Andover Conservation Commission t,as reviewed the above-l'elerar,ced,tlotic� of
Intent and plans and has held a public hearing on the protect; Based on the ir,forrriatron a•+ai aole to Me
NACC at this time; the _�(t1r'r' ti is determined thit
the area on which the proposed work is to be dome is significant to stt,e lolfowin�ir,tereStS 3ccoro'lrrce
the Presumptions of SignificaChce orth in the re ulations 'or each Area Su0ject to Protec!lgp under tr+e
.
Recreation
Act (check as appropriate): Ch. I7878::
Prevention of Erosion & Sedimentation Ch. 178_g Giildlre
Pubic water supply
Flood control C3 t„-,-ind corrtair,ing sf!elltfsh
a•r�retion. JZ �igl,eri25`
or_
Al, Private water supply n,,r, Storm damage
( Ground water supply [ Prevenuan of pollution (� Protection of wild►its traC��t
$15.00•
Total Piling Fee Submitted $55.00 State St,are ------------'-""
City�ovin Share '00 (v: ler' in rxccss of 3' )
Portion S State Portion S
Total Re(und Due S CityfTown
(ii�z to(al} Pz total)
DEP FILE # 242 - 827
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 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: Removal of vegetation,excavation and grading within
the 100'Buffer Zone of a BVW.
CAWinword\00C\242-827.doc 1 NACC 9/17/96
DEP FILE #242 - 827
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: Peter Tyrell
DATED W23j96
Plans prepared by: Scott Giles,RPLS
entitled"Plan of Land Located in North Andover'
DATED W13/96
9. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW). 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 applicants delineation of the wetland resource
areas on the site as shown on the plans dated 8/`13/%. 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 prevent any alteration of
wetland resource areas beyond those proposed in the Notice of Intent(NOI)
and approved herein, a twenty five foot(25') No-Disturbance Zone and a
fifty foot (50') No-Construction Zone shall be established from the edge of
the adjacent wetland resource area. 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. No disturbance of existing
grade, soils or vegetation is permitted in the no-disturbance zone. (See
Appendix 5 of the local Regulations).
CAWinword\00C\242-827.doc 2 NACC 9/17/96
DEP FILE # 242 - 827
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, File Number 242-827."
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
CAWinword\00C\242-827.doc 3 NACC 9/17/96
DEP FILE # 242 - 827
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 backedby 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.
22. 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.
23. A check payable to the Town of North Andover shall be provided in the
amount of$1,500 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.
DURING CONSTRUCTION
24. Upon beginning work,the applicant shall submit written progress reports
every month detailing what work has been done in or near resource areas,
and what work is anticipated to be done over the next period. This will
update the construction sequence.
CAWinword\00C\242-827.doc 4 NACC 9/17/96
DEP FILE # 242 827
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 on 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
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.
CAWinword\0OC\242-827.doc 5 NACC 9/17/96
DEP FILE # 242 - 827
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 beusedin 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 letter to the
NACC from a Registered Professional Land Surveyor 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-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 and grades of all filled or altered buffer zone
areas;
b) A line showing the limit of work. "Work" includes any disturbance of
soils or vegetation;
c) Location of existing erosion controls.
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/trustor corporation to whom
the compliance is to be granted;
CAWinword\000242-827.doc 6 NACC 9/17/96
DEP FILE # 242 - 827
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 #242-827. 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 of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\242-827.doc 7 NACC 9/17/96
242-827 282 Blue Ridge Road, Lot 52
r
Issued By Nori: dovlaConservation Commission
GV,4Signature(s)
Ff
f
This Of Icer must be signed by a majority of the Conservation Commission.'
On this
18th day of September =996 before me
Joseph W. Lynch, Jr. to me known to be the
personally appeared
person described in and who executed,the foregorng;instrument and acknowledged that he4de executed
the same as his/h dr free act and deed.
' �
Mareh 22, 2002'
Nacary Pubic
Donna Mae D' gata MY. commission expires
The acciicant.ins owner, any person aggrieved by this Order.any owner of land abutting ins land upon which the croacsea work is to be
cone,or any ten resieents of the city or town in which such land is located.are hereby notified at ineir right to request ins oeoanment of
Environmental Protection to issue a superseding Order.providing the request is made by certified mat or hand delivery to the oecartment.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR io.c mM.within ten days from tile date at issuance of tuts
Determination.A copy at the request shalt 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. -
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. _
detain on dotted line and submit to tha
Norah Andover CO prior to commencement of work.
146 Main Street No Andover.. ..01845 ..
........ ................
T
......,. .. ... ........
To
North Andover Conservation Commission rssu:'+gAutnonry
Please be advised that the Oraer of Conditions tar the protect at_
282 Blue Ridge Road,
242- Deeds Essex North District ,tnd
;:,Ie Number _has been recorded at the Reo+st..y of
19—
nas ween notea in the cnain of urte at the attectea araeerry in accordance"in General Ccneinon 8 on
it recocaed tana. the it smiment number wnich rdenalies Sits trsutsacaon tJ
it registered lana. the cocument number wnich identities th19 rransaction 15
%.circa^'
��cna:ure
i
310 CMR 10.99
Form 5 ( �.
i oEP Fits No. l 242-891
. .... (10 Do WUv - n by UEI't
t =1 _ Commonwealth C,ry"town North Andover
Of Massachusetts Peter- Tyrrell
1 - a-r`= a0011canr
j `-= _
Order of Conditions
Massachusetts Wetlands Protection Act
C.L. c. 131', §4(1
and under the Town of North Ando-ver's Bylaw Chapter .,178
From NORTH ANDOVER CONSERVATION COPtttISSfdR
To Peter Tyrrell Same
(Name of Applicant) ( Narnre of property owner)
_282 Blue Ridge Road
' North Andover, MA 01845
Address Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
by certified mail, return receipt requested on l/•�dApr -rdale)
This project is located at 282 Blue Ridge Road
The property is recorded at the Registry of Nn ri-he rn Esse
Book 87 Page 97
Certificate(if registered)
The Notice of Intent for this project was filed on November 19, 1997 (date)
January 21, 199
The public hearing was closed on (dale)
Findings
The North Andover Conservation Commission has reviewed the above•reterer,ced Notice of
Intent and pians and has held a public hearing an the project. Based on lire rnlormalion a,railaole to tile
NACC
at this time, the his deternimed that
the area on which the proposed work is to be done is significant to the following interests in accoroance v.ith
the Presumptions of Significa e ort in the re ulatrons for each Area Subject to Protectigii grader tree
8g. $79 Recreation
Act (check as appropriate): Ch.178:- Prevention of Erosion & Sedimentation Ch. 178-yWildlife
Public water supply Flood control ❑ Land containing sheillish
Private water supply Storm damage prevention [ Fisheries
Ground water supply Prevention of pciffution Protection of wildlile habitat'
Total Filing Fee Submitted $55.00 State Share $15:00
CityiTown Share 40.00 (V- ler in excess of S?S)
Total Refund Due S CityrTcwn Portion S State Portion S
(1/r total) ('iz total)
5 1-
DEP FILE #242 891
Therefore, the North Andover Conservation Commission(hereafter the
"NACU) 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 Notiee 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. However, the NACC, agent of the NACC or the Department of
Environmental Protection(DEP) reserves the right to enter and inspect the
property at all reasonable times,until a Certificate of Compliance is issued,
to evaluate compliance with this Order of Conditions,the Act, the North
Andover Wetland ByLaw and Regulations, 310 CMR 10.00, and may require
any information, measurements,photographs, observations, and/or
materials, or may require the submittal of any data or information deemed
necessary by the NACC for that evaluation. Further,work shall be halted on
the site if the NACC, agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the ,
NACC is satisfied that the work will comply, and has so notified the
applicant in writing.
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 thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15)
of the North Andover Wetland Regulations).
C:\Winword\000242-891.doc 1 NACC 1/22/98
DEP FILE #242 - 891
6. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information is so warrant.
7. 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.
8. 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. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
9. The term "Applicant' as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
10. The proposed work includes: Construction of a pool within the Buffer Zone of a
BVW.
CAWinword\00C1242-891.doc 2 NACC 1/22/98
DEP FILE #242- 891
11. 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: Peter Tyrell
DATED 11/19/97
Plans prepared by: Scott Giles,RPLS
Entitled"Plan of Land"
DATED 1VI7/97
12. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland(BVW). 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.
13. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated 10/22/97 Prior to the issuance of
a Certificate of Compliance, the applicant will submit a plan showing the
sites wetland delineation at a scale identical to the Town wetland map for
this location.
14. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a twenty
five foot(25') No-Disturbance Zone and a fifty foot(50')No-Construction
Zone shall be established from the edge of the adjacent wetland resource
area. 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. No disturbance of existing grade,soils or vegetation is permitted in
the No-Disturbance zone. (See Appendix 5 of the local Regulations).
15. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
C:\Winword\OOC\242-891.doc 3 NACC 1/22/98
DEP FILE #242- 891
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
proceedings before the Department or Court have been completed.
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 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. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
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- "
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. It is the responsibility onsibili of the applicant, owner, and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
CAWinword\00C\242-891.doc 4 - NACC 1/22/98
DEP FILE #242 - 891
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
21. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing plan for construction.
22. 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. The proposed limit
of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
Workers should be informed that no use of machinery, storage of machinery
or materials, stockpiling of soil, or construction activity is to occur beyond
this line at any time. All flags used for the above purposes shall be of a color
different from other flagging used on the site.
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 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. The NACC
reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions.
Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
24. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of fifteen(15) 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 payable to the Town of North Andover shall be provided in the
amount of$500 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 deposit of
CAWinword\00C\242-891.doc 5 NACC 1/22/98
DEP FILE # 242 891
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 monetary
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.
26. 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,the engineer,wetland scientist and
the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall'
supersede any conflicting contract requirements. The applicant shall assure
that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this
Order of Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided
as notice of the pre-construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
27. 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.
28. 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 on any of the foregoing.
29. No exposed area shall remain unfinished for more than thirty(30) days,
unless approved by the NACC.
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DEP FILE # 242- 891
30. 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.
31. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
32. Washings from concrete trucks,or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
33. 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.
34. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project
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.
CAWinword\OOC\242-891.doc "I NACC 1/22/98
DEP FILE #242- 891
AFTER CONSTRUCTION
36. 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.
37. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types, and shall not be used within 25 feet of a resource area.
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 and shall remain in perpetuity.
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 Land Surveyor 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-Built" topographic
plan of all areas within the jurisdictionof 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 resource area;
b) "As-Built" elevations and grades of all filled or altered wetland
resource areas;
c) Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, stone walls, pools,
retaining walls, and approved decks;
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DEP FILE # 242 - 891
d) A line showing the limit of work. "Work" includes any disturbance of
soils or vegetation;
e) Location of all subsurface utilities entering the property,
f) Location of existing erosion controls.
40. 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.
41. 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- . 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 (Condition #35);
• Prohibition of underground fuels (Condition#36);
• Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #37).
CAWinword\00C\242-891.doc 9 NACC 1/22/98
Dr.E,,B. #242-
242-891
Issued By RTH ANDJY Conservation Commission
Signatures 9 l )) f4k,
This Order must be signed by a majority of the Conservation Commission.
On this 21st day of January 19 98 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.
Notary Public My commission expires
Tt,e applicant,the owner,any person aggrieved by this Order;any owner of land abutting,the land upon which the proposed work is to be
dore'or any len residents of the city or town in which such,land is located are hereby notified of their right to request the Department of
Ervironrriental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the dale of
issuance of this Order.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 in accordance with M.G.L.
Chapter 249 S.4
RECORDING INFORMATION:
Detach on dotted line and submit to the.
North Andover Conservation Comm.—prior to commencement of work,
—
.......................................................... .....'.. ......... :....... ................ ..
North Andover Conservation Commission 120 Main St. , North Andover MA 0185
To issuing Aul ronly
Please be advised that the Order of Conditions for the project at
File Number 242— 891 has been recorded at the Registry of Deeds , Northern Essex and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on t If recorded land, the instrument number which identifies this transaction is
II registered land, the document number which identifies this transaction is_ --•--- - --
Signature Applicant
5-4A