HomeMy WebLinkAboutMiscellaneous - 353 ABBOTT STREET 310 CMR 10.99 �
RECEIVED1`
' Forms J4 CE BRAf?sHAw
r DEP Fib No. I 242-790
OWN CLERK t
NORTH ANDOVER fro tm www by oEr,
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Commonwealth Town� �.��{ Crry�Town North Andover
of Massachusetts Flintlock, Inc.
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�- Lot 2 Abbott Street
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COPIMISSION
David Kindred
To Flintlock, Inc. Joseph & Fay Averka
(Name of Applicant) Mame of property owner)
PO Box 531 383 Abbott Street
Address No. Andover MA 01845 Address No. Andover MA 01845
This Order is issued and delivered as follows:
C3 by hand delivery to applicant or representative on (date)
Z by certified mail, return receipt requested on February 26, 1996 (date)
[his project is located at Lot 2 Abbott Street
The property is recorded at the Registry of Nnrrhern r•���x _
Book 824 Page 312
Certificate (if registered) ------
The Notice of Intent for this project was filed on January 5, 1996 (date)
The public hearing was closed on February 7, 1996 (date)
Findings
The North Andover Conservation Commission has reviewed the above•relerPriced Notice of
Intent and plans and has held a public hearing on the protect. Based on the information availaole to the
NACC at this time. the NAC(' _ has determined that
the area on which the proposed work is to be done is signilicant to the following interests in accoroance vrith
the Presumptions of Significa ce S )ort in the requlatnons !or each Area Subject to Protec!ior� under (tie
1�8 Recreation
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178 )( Wildlife
(4 Pubiic water supply Flood control ❑. Lind containing shellfish
5� Private water supply Storm damage prevention ( Fisheries
(vf Ground water supply Prevention of pollution j Protection of wildlife habitat
Total Filing Fee Submitte�J .OD State Share _
CityrTown Share �� lee in excess of S.2.5)
Total Refund Due S CitylTown Portion S State Portion S
(1/2 total) ('n total)
Effective 11/10/89 t
DEP FILE #242 - 790
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.
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: the construction of a single family house,a deck,
portion of a driveway, a foundation drain and regrading within the 100 foot
buffer zone of a bordering vegetated wetland.
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 Flintlock,Inc.c/o David Kindred
P.O.Boa 531
North Andover,MA 01845
DATED 1/5/96
Plans prepared by: Thomas E.Neve Associates,Inc.,
entitled"Site Development Plan in North Andover,Mass.,
Prepared for Flintlock,Inc.,Showing Lots 1-4 Abbott Street"
DATED January 5,1996."
CAWinword\00C\242-790doc 1 NACC 2/22/96
DEP FILE # 242 - 790
9. The following wetland resource area is affected by the proposed work: buffer zone to
a bordering vegetated wetland (BVW). This resource area is significant to the
interests of the Act and Town ByLaw as noted above. This resource area is also
significant to the recreational and wildlife interests of the ByLaw. The applicant has
not attempted to overcome the presumption of significance of this resource area to the
identified interests.
10. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 1/5/96. Prior to the issuance of a Certificate of
Compliance, the applicant will submit a plan showing the site's wetland
delineation at a scale identical to the Town wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control.
13. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site to construct a single family house,a deck, a portion of a driveway, a
foundation drain and regrading within 100 feet of a bordering vegetated wetland will
g
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(251)no-disturbance zone and a fifty
foot (50') no-construction zone shall be established from the edge of the adjacent
wetland resource area. NOTE: The (25')foot no disturbance zone has been
waived to (16) feet for the placement of the foundation drain.This (16)foot no
disturbance waiver applies only to the foundation drain and rip-rap as displayed
on plan dated January 5, 1996. The Natural Resource/Land Use Planner 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).
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
C:\Winword\00C\242-790doc 2 NACC 2/22/96
DEP FILE #242 - 790
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 242-790".
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 maybe 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 trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will be
properly installed and placed as displayed on plan dated January 5, 1996 as prepared
by Thomas E. Neve Associates, Inc. and shall be inspected and approved by the
NACC prior to the start of construction and shall remain intact until all disturbed areas
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i
DEP FILE #242 - 790
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 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.
23. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC , and shall be posted with the North Andover Town Treasure before
commencement of work. Said bond or,deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portionsof the project for the
NACC's review and approval.This condition is issuedd 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.
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.
CAWinword\00C\242-790doc Q NACC 2/22/96
DEP FILE #242 - 790
E
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.
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.
3 5. 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 Land Surveyor certifying compliance with this Order of
Conditions and the approved plans referenced herein(or approved revisions).
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DEP FILE # 242 - 790
Certification includes, but is not limited to, verification that the limit of work coincides
with the approved"NO-DISTURBANCEINO-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 of all drainage structures constructed within 100 feet of any
wetland resource area;
B) Distances from structures to wetland resource areas. Structures include,but are
not limited to, septic systems,stone walls, retaining walls, and approved decks;
C) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation;
D) Location of all subsurface utilities entering the property;
E) Location of existing erosion controls;
38. 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.
39. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
13. A 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- 790. Future work within
100' of existing wetland resource areas will require a separate filing with
the NACC (refer to Section XI(page l 8)of the Regulations for
performance standards within these zones) The Natural Resource/Land
Use Planner and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local ByLaw;
CANVinword\000242-790doc 6 NACC 2/22196
4
DEP FH E # 242 - 790
33. Discharge a of spillage g sp�l age of pollutants;
34. Prohibition of storage of fuels underground;
35. Limitations on the use of fertilizers,herbicides and pesticides.
CAWinword\OOC\242-790doc 7 NACC 2/22/96
. 242-790, Lot 2 Abbott Street
Issued By North Andover Conservation Commission
Signat (s) '
lz"'Iilwli
This Order must be signed by a majority of the Conservation Commission.
On this 21st day of February 19 96 , before me
George L. Reich
personally appeared to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he.sl:+e executed
the same as his/her free act and deed.
y March 22, 2002
Notary Public Donna Mae T�'A ata My commission expires
The apoitcant.the owner,any person aggrieved 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 reauest the Department of
Environmental Protection to issue a Superseding Order,providing the recuest 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 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 theTownB Bylaw, a complaint
aint
must be filed in Superior Court.
PROVIDE RECORDING INFORMATION TO THE NORTH ANDOVER CONSERVATION COMMISSION.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
Town Nall Annex, 146 Main Street, No Andover, MA 01845
To North Andover Conservation Commission 'sswng Autnorrtv
Please be advised that the Order of Conditions for the project at Lot 2 Abbott Street
;:fie Number 242- 790 has been recorded at the Registry of and
has been noted in the chain of tate of the affected property in accordance with General Condition 8 on i 9
If recorded land. the instrument number Which idenutiss this aansaCt On 13
It registered land. the document number which identifies this transaction+s
Sicna!ure AC01'C3n.
5.4A
Q ,
310 CMR 10.99
Form 8 DEP File No. 242-790 --7
rTo oe orowaed by DEP)
•-U_ _ Commonwealth
Cuy1own • Norah Andover
-�-c of Massachusetts Aoascant Flintlock, Inc.
`- Lot 2 Abbott Street
Certificate of Compliance
Massachusetts Wetlands Protection Act, Gi.L."c. 131 , §40
From North Andover Conservation CommissioA issuing Authority
7o Flintlock, Inc. PQ Box—531
No. Andover, Inc.
(Name) (Address)
Date of Issuance August 6, 1997
David Kindred,
This Certificate is issued for work regulated by an Order of Conditions issued to
Flintlock,
Inc. dated 2/26/96 and issued by the NACC
1 . It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. ❑ it is hereby certified that only the following portions of the work regulated by the above-refer-
enc
ed Order of Conditions have been satisfactorily atisfactoril completed: (if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 2 Abbott Street
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 '
work subject to regulation unser the Act may be commenced without filing a new Notice of Intent
an., receiving a new Order of Conditions.
....................................................................
(Leave Soace Blank)
8.1
4. E/This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
whicn the land is located. The Order was originally recorded on 3/13/96 (date)
at the Registry of Deeds, North Essex , Book . Page
Instrument 45944
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 Tor h e Conservation Commission
Signature(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 6th day of August , 19 97 before me
Joseph W. Lynch, Jr.
personally appeared . to me known to be the
person described in and who executed the foregoinTinstrument and acknowledged that her sbe executed
the same as his/.k;free act and deed.
Notary Public My commission expires Ali.
Detach on dotted line and submit to the
- .....................................................................................................................................»......_........».........................................................
To NACC Issuing Authority
Please be advised that the Certificate of Compitance for the project at:
FileNumoer 242— 790 has oeen recorded at the Registry of Deeds, Northern,Essex
and has been noted to the cnam of title of Me affected arooerty on t 4
It reccroeo ianc.:ne instrument numoer wnicn soennues trus transacuon is
12 regtstereo tans.ine cocument numoer wnicn identifies crus transaction is