HomeMy WebLinkAboutMiscellaneous - 863 DALE STREET 310 CMR 10.99
Form 5
{ .f(}�1 } DEP File No. 242-747 ,.
TOWN C E to
NORTH ANDOVER (tot tirvv wltryUEVJ
Commonwealth n, Cay4own North Andover
of Massachusetts
j G AoviIcant Glenn T. Saba
d.b.a.. Mertco Builders
Lot 11 Dale 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 COMMISSION
Glenn T. Saba
To d.b.a Mertco Builders Joan Cashman
(Name of Applicant) (Name of property owner)
PO Box 907 907 Dale Street
Address Methuen MA 01844 Address No Andover MA 01845
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
!Yxby certified mail, return receipt requested on
[his project is located at Lot 11 Dale Street
The property is recorded at the Registry of Nor hPrn r•--qf3X _
Book Page
11916 on May 6, 1994
Certificate (if registered)
The Notice of Intent for this project was filed on March 21, 1995 (datel
The public hearing was closed on April 5, 1995 (date)
Findings
The North Andover Conservation Commission has reviewed the above•referEnced FJotice of
Intent and plans and has held a public hearing on the protect. Based on the information avaitaole Ie the
NACC at this time. the has determined 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 ce sMorth in the requlations for each Area Subject to Protectio"n Under the
�h. 178 X Recreation
Act (check as appropriate): Ch.178: X Prevention of Erosion & Sedimentation Ch.178 .k Wildlife
4 Pubiic water supply 4 Flood control , ❑ Land containing shellfish
� Private water supply QQ Storm damage prevention El Fisheries
j Ground water supply 14 Prevenbon of pollution Protection of wildlife habitat
Total Filing Fee Submitted $250.00 State Share
City/Town Share 137.50 ('.% lee in r�xcess of S25)
Total Refund Due S CityrTown Portion S State Portion S
('/z total) (Lz total)
Effective 11/10/89 ' t
DEP FILE# 242 - 747
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 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 dwelling and septic
system within 100' of a Bordering Vegetated Wetland (BVW); clearing and grading
within the 50' "No-Build Zone"; there is to be no disturbance or encroachment within
the 25' "No-Cut Zone".
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: Mr. Glenn Saba, d.b.a. Mertco Builders
P.O. Box 907
Methuen, MA 01844
Plans prepared by: Mr. Joseph Borgesi, P.E.
"Topographic Plan" DATED - 3/15/95
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DEP FILE #242 - 747
9. The following wetland resource area(s)is affected by the proposed work: Buffer
Zone of 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 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 referenced"Topographic Plan" (DATED3/15/95). 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 home and septic system will cause further
alteration of the wetland resource areas. In order to prevent any alteration of wetland
resource areas beyond those proposed in the Notice of Intent and approved herein, a
twenty five (25)foot no-disturbance zone and a fifty (50) foot no-construction
zone shall be established from the edge of the adjacent wetlands. No disturbance of
existing grade, soils or vegetation is permitted in the no-disturbance zone. (See
Appendix 5 of the local Regulations).
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
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DEP FILE #242 - 747
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 242-747".
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 anon-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 shown on referenced plans dated 3/15/95 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 25 hay bales and sufficient stakes for staking these bales
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DEP FILE # 242 - 747
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 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.
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.
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DEP FILE # 242 - 747
31. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
32. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require, following field inspection, additional information
or resource protection measures.
33. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1)business day. No construction vehicles are to be stored within 100 feet
of wetland resource areas,and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
34. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions, and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
36. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
either by loaming and seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative cover has been
achieved.
37. Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Civil Engineer certifying compliance with this Order of
Conditions and the approved plans referenced herein(or approved revisions), A
stamped "As-Built" topographic plan of all areas within the jurisdiction of the
Wetlands Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
C) Distances from structures to wetland resource areas;
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DEP FILE # 242 - 747
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
38. The following special conditions shall survive the issuance of a Certificate of
Compliance for this project:
33. Discharge of spillage of pollutants.
34. Prohibition of storage of fuels underground.
35. Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\OOC\242-747.doc 6 NACC 4/11/95
D• .' P. #242- 747 Lot 11 Dale Street
Issued By NORTH ANDQVF4 Conservation Commission
Signatu (s)
This Order must be signed by a majority of the Conservation Commission.
On this 19th day of April 19 95 before me
personally George L. Reich
p y a ppeared , 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.
Qz224t Q_e
otary Public My commission expires
The applicant,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 len residents of the city or town in which such land is located are hereby notified of their right to request the Department of
Environmental Cluality 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 date 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.
RECORDING INFORMATION:
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To North Andover Conservation Commission, 120 Main St. , North Andover �u OlA8i1lonly
Please be advised that the Order of Conditions for the project at Lot 11 Dale Street
File Number 242- 747 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 B on 19_
If recorded land, the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is_ ----- ---------------
Signature Applicant
5.4A
J0 GE R
Rt-
310 CMR 10.99 TOWN 01-i`tK
NORTH AtWOVER
Form 8 DEP File No. 242— 747
(To oe orovioed by DEP)
. _ Ctty'lown
North Andover
Commonwealth Glenn T. Saba .
of Massachusettsacoucant
d.b.a. Mertco Builders
- LOT 11, 4863 DALE STREET
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
Glenn T. Saba --P.O-. Box 907
To d.b.a. Mertco Builders Methuen MA 01844
(Name) (Address)
Date of Issuance November 1, 1995
This Certificate is issued for work regulated by an Order of Conditions issued to Glenn T. Saba
d.b.a Mertco Builders dated 04-25-95 and issued by the NACC
LXX It is hereby certified that the work regulated by the above-referenced Oraer of Conditions has
been satisfactorily completed.
2• ❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3, Q It is nereby certified that the work regulated by the above-referenced Oraer of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no loncer valid. No future
Werk subiect to reculation unser the Act may be commenced without filing a new Nonce of Intent
an:: receiving a new Order of Conditions.
...................................................................................................................
(Leave Soace Blank)
�ffec:;ve .1110189
4. 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 05-05-95 (date)
at the Registry of Deeds, North Essex , Book , Page
Instrument #9221
[j 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 No Andover Conservation Commission
Si_nature(s)
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this First day of November , 1 g 95 . before me
personally appeared George L. Reich , 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.
I
March 22, 2002
,Mary Public My commission expires
41
PROVIDE COPY OF RECORDING TO THE NORTH ANDOVER CONSERVATION COMMISSION:
Detach on dotted line and submit to the NACC, 120 Main Street, North Andover MA 01845
To NACC Issuing Authonty
Please beadvised mat the CeniftcateatComaWmeforumproteetat. Lot 11" (#863) Dale Street
242- 747 hastxenrecordedattheR Deeds, Northern Essex
Pile Number e9tstry Of
and has been noted in the cnaM of hue of the affected wooeM on 19
it reporeea hanc.ne instrument num0er wIUVI wehtahes teas transaction Is
!f registered land.the cowmen nater which hoenalim this transaction is
Signature Aooucant