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HomeMy WebLinkAboutMiscellaneous - 362 BERRY STREET Ma=c.usetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-863 ,WDA Fora 8B - certificate of compliance s� Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland Protection B law. ' Project Information 1. This Certificate of Compliance is issued by: 3. The project site is located at: North Andover 362 Berry Street Coruawion Cammizion CitgiTO- North Andover, MA'01845 To: SnetAddress 108C 17 Elizabeth Poirier Assessas,wadPlati ParcelitotY Name 362 Berry Street hrailha�Address and the Final Order of Conditions was recorded on North Andover, MA 01845 CIPIITO- Date State Zip Coda at the Registry of Deeds for Essex instrument#23234 2. This Certificate of Compliance is issued for work regulated county Book Page by a final Order of Conditions issued to Cerdfirate(ifrmgis red land) Elizabeth Poirier Name June 5, 1997 4. A site inspection was made in the presence of the applicant, or the applicant's agent,on: #242-863 CEP File NumbT Date Certification ❑ 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 The Order of Conditions has x�Cx Complete Certification: It is hereby certified that the lapsed and is therefore no longer valid. No future work work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may tions has been satisfactorily completed. _ commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Partial Cert cation: It is hereby certified that only the following portions of the work regulated by the above- X Ongoing Conditions:The following conditions of the referenced Order or 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: Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-863 W.O.A.- Form 86 - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland Protection Bylaw. Authorization On this 7th Issued by: day of July .. Nnrth AndnvPr corm vdionCommission 1worxh 1999 July 7, 1999 Dde of lssuance yeX before me personally appeared This Certification must be signed by a majority of the Albert P. Manzi, Jr. conservation commission and a copy sent to the applicant and appropriate DEP Regional Office(see Appendix A). to me known to be the person described in and who executed Signature(s) the foregoing instrument and acknowledged that lie/she xexecuted the same as his`her free act and deed. N Pudic J 1,2 LnD ;Wy commission erpues ' Rewarding Confirmation Thea applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court PP P 9 P e9 rY 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 Conserrdon COmmIS3iO17 Please be advised that the Certificate of Compliance for the project at ImumerxNumbe If registered land,the document number which identifies this transaction is Amjea Location File Numbw oowmenr Number has been recorded at the Registry of Deeds of SigMlre ofAppliCarx County and has been noted in the chain of title of the affected property on Cate Book race i 310 CMR 10.99 Form 5 ot:P Fib ria. (..`242-863 (ro be trwKWr by UEr.r Tj— Commonwealth Gry.Town North Andover r- of Massachusetts Elizabet Poirier Aoo6canr 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 C%1111SSION To Elizabet Poirier Same (Name of Applicant) (14arne of property owner) 362 Berry Street No. Andover, MA 01845 Address Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on fdate) by certified mail, return receipt requested on 4�9/ 1,W T Z-4 4/Z/ (dal-el Chis project is located at 362 Berry Street The property is recorded at the Registry of Nn rlip rn Essex _ Book Page Certificate (if registered) April 29 1997 . � The Notice of Intent for this project was filed on AP (date) May 21, 1997 -The public hearing was closed on (date) Findings The North Andover Conservation Commission has reviewed the above•relerenced Nonce of Intent and plans and has held a public hearing on the project. Based on the information a iar►aole Ic the NACC at this time. the (]ACC _ his determined that the area on which the pr000sed work is 10 be done is significant to the totlotvrng interests in accoroance v.ith the Presumptions of Significa ce g io in the regMatrons for each Area Subject to Protection Under tine 1 8 Recreation / Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.1781 Wildlife Pubiic water supply ( ' Flood control ❑ ).and containing shellfish Private water supply Storm damage prevention No Fisheries Ground water supply Prevention of pollution Protection of wildlife habitat Total Filin 9 Fee Submitted $55.00 State Share $15:00 City/Town Share $40.00 (V_ fee in nxccss of S25) Total Refund Due S City/Town Portion S State Portion S DEP FILE #242- 863 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 thirty days (30) 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: Replacement of a failed septic system within the Buffer Zone of a Bordering Vegetated Wetland(BVW). CAWinword\00C\242-863.doc 1 NACC 5/29/97 DEP FILE # 242 - 863 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: Elizabeth Poirier DATED V2W Plans prepared by: New England Services,Inc. Entitled"Subsurface Sewage Disposal System" DATED REV 4/27/'97 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 applicant's delineation of the wetland resource areas on the site as shown on the plans dated REV 4/27/97.9'7. 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 will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a nineteen foot(191 No-Disturbance Zone and a fifty foot(5O') 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). 14. [For projects with sewer lines] T=he ' e site,where they cross w all r ti htness in accordance with North AndoverDW S. CAWinword\OOC\242-863.doc 2 NACC 5/29/97 DEP FILE # 242 - 863 PRIOR TO CONSTRUCTION 15. 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. 16. 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 format the end of this Order prior to commencement of the work. 17. 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 2424863." 18. 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. 19. 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\242-863.doc 3 NACC 5/29/97 DEP FILE # 242 - 863 supervisor hired to coordinate construction and to ensure compliance with this Order. 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 21. 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. 22. 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. 23. 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. 24. A check payable to the Town of North Andover shall be provided in the amount of$2,000 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 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 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. CAWinword\OOC\242-863:doc 4 NACC 5/29/97 DEP FILE# 242 - 863 DURING CONSTRUCTION 25. 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. 26. 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. 27. No exposed area shall remain unfinished for more than thirty(30) days, unless approved by the NACC. 28. 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. 29. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 30. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 31. 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. 32. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 33. 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. CAWinword\00C\242-863.doc 5 NACC 5!29/97 DEP FILE # 242 - 863 34. 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 35. 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. 36. 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. 37. 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 foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 38. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). 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) A line showing the limit of work. "Work' includes any disturbance of soils or vegetation; b) Location of all subsurface utilities entering the property; c) Location of existing erosion controls. CAWinword\00C\242-863.doc 6 NACC 5/29/97 DEP FILE # 242 863 39. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessor's map/parcel number for the project; d) The DEP file number; e) A statement certifying compliance with the Order of Conditions and approved plans. 48. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: • 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP#242-863. 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 By Law; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\000242-861doc 7 NACC 5/29/97 . f 242-863 isaue ,-i i'ii - •� - rcns?r ?iii." ^ n i Jlgnc(Ufe!S) 7-its Crder nus, ce signet by a r-afority at the Conseriation Cermissicn. On tnis 4thJuneof June i G 97 before me Joseph W. Lynch, Jr. to me'<nown to be the personally aDYeared person descrided in and wne executed the foregoing instrument and acknowledged that he.she execu(ed the sar :e as hislher free act and teed. December 11, 2003 �c(a y P' fit \,fly cornmissitnexpir=_s 779 accuc:,nt. :ne wear. any:-3r-r,aggrieved'y this Order,any awner at land alluding the land uccn whit,the crcocsea Warn is to as Cane.Cr any ten Cesicems at;ne c:ty at town in wniGi such land is located.are neraay nCtitiea of meir—;rt to recuest me Qenartment of �nvircnmemal orctecnen td issue a sucerseding Order. arcviding tna request is[lade ay cerctied rrtaii cc Hard delivery t9 trio 7eaarrtent. wnR trio aecrcanatz tiling'es and r"es Transmittal Form as ccevided in 31t3 cmq tc.oz(7l.wrtninten days tram the date at issuance at tries Oaterm,nanen.A copy at the request snail at the same time tie sent ay Certified mail or[lana ashverl to the Conservation Commission and;ne accticart. L~ appeal this decision tinder the Town Bylau, a comolaint you wish to must be filed in Superior-Courc. 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 . h Andover C n e*-v i mm prior o nmmrnc meet at.+orx. Oatach on dotted line and suamit to the Tort �(� O L845 1 6 Main 5 tree t, No.:. ndov r..�.=.... ................................................. 'S SL:nQ.�ulnCrcty North Andover Conservation Commission ?a rlease oe aCv szc ;nal the Orcer al Canciticns tar the arclect a ,•� _ Deeds Essex enc 24-_ 863 Has teen recaraed at the Rt-ats'nY at ,te wumaar rias teen :,eted:n the :::lain v wto at :ne aitectea arcaery n ac=Orcancs-fln Oenerai ccrec:ticn 3 an 4 It f aC^.raae lard. me in57%man: numcer wntcrl icanati8S :TtS S•aC'.S.aG:.Qn�3 i •..,.,,<�� �.- ,an^ ._.. �,.a _n,,�n, n�mC2r wn�C^t identd�ZS tNs ,TY�S-3G::On�5 .