HomeMy WebLinkAboutMiscellaneous - 922 DALE STREET 310 CMR 10.99
Form 8
DEP File No. 242—833
--7
� (to be orovioed by DEP)
:-_ Commonwealth
Cay?own
" North Andover
of Massachusetts Harold & Dorothy Stewart
Avoucant
Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131 , §40
From North Andover Conservation CommissioA Issuing Authority
To Harold & Dorothy Stewart Atkinson Street, Newburyport, MA 01950
(Name) (Address)
Date of Issuance August 7, 1997 -
This Certificate is issued for work regulated by an Order of Conditions issued to Harold and Dorothy
Stewart dated 11/7/96 and issued by the NACC
It is hereby certified that the work regulated by the above-referenced Order of CondiIions 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.)
922 Dale Street
3. ❑ 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never commenced.The Order of Conditions has lapsed and is therefore no longer valid.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 suolect to regulation unaer the Act may be commenced without filing a new Notice of Intent
and receivinc a new Order of Conditions.
.......................................................................................................................... .
(Leave Soace Stank)
s•1 "
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 recorded on (date)
at the Registry of Deeds, North Essex , Book . Page
Instrument #30170
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 .' th A ovel C nservation Commission
Signatures)
• Q�1 .�f���N- � C,J
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When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 6th day of August 1997 before me
Joseph W. Lynch, Jr.
personally appeared , to me known to be the
person described in and who executed the foregoing°instrument and acknowledged that hers4e 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 protect at.
File Numoer 242— 833 has been recorded at the Registry of Deeds, Northern, Es sex
and has oeen noted in the chain at title of:he affected orccerry on t 4
it reccroeo ianc.ne instrument numoer wnicn ioermues tris:ransac:ton is
It registered,tans.the document numoer wntcn tdenattes tttu transaction is
I ,
310 CMP, 10.99
Form 5 LCL V!3 l
pEP Fib rro.
to t,t wu xj-, try UEV)
� =tt North Andover
Commonwealth City,Town
r= of Massachusetts
a r ,_- aDOtrGJr�i_
j
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. e. 131, §40
and under the Town of North Andover' s Bylaw Chapter 3.`5
From NOR'T'H ANDOVER CONSERVATION CORNISSION
ToCv� T
(N me of Applicant) (Ain of property owner)
PAIL %LETAddress 11N19AMw-
This
Address �Order is issued and delivered as follows:
Cl by hand delivery to applicant or representative on (date)
'7/ 8Ld .
by certified mail, return receipt requested on ���` 1®3 � (dole)
il,�Dft
[his project is located at-9 1� At
The property is recorded at the Registry of 2farrhQ rn F�cn� —
Book Page
Certificate (if registered) - - —
Notice of Intent for this project was filed on �� ! (dote)
The P i
The public hearing was closed on (date)
Findings
The North Andover Conservation Commission has revievied tate above-relor?r,ced f4otic, Of
Intent and plans and has held a public hearing on the project. Based on the inform3tton a,/ailaole to 11ie
NACC at this time. the has determified that
the area on which the proposed work is to be done is sigtri(icant to Ithe totlo�,in� interests in accoreance v1tn
the Presumptions of Significa e (( in the re ulations :or each Area Sub41t Subject to Protec!� Under tt'e
ll. SN8o Recreation
Act (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch.178I Wildlife
Pubiio water supply Flood control ❑ L-tnd containing shellfish
Private water supply Storm damage prevention ❑ Fisheries
Ground water supply Prevention of potlutiorn Protection of wild
lil9 habitat
0
T, f� �� State Starr - — -----
----
Total Filing Fee Submit ed
CitylTown Share t� ('.': Iee in Fixcess o1 ,'S!
Total Refund Due S CityrTown Portion S State Portion S
(riz total) ('�z total)
DEP FILE #242 - 833
Therefore, the North Andover Conservation Commission (hereafter the
"NACC") herebyfinds that the following conditions are necessary, in
g rY
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: Replacement of a failed septic system within the
Buffer Zone of a Bordering Vegetated Wetland(BVM.
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: Dorothy Stewart
DATED 10/4/96
CAWinword\00C\242-833 1 NACC 11/6/96
DEP FILE #242 - 833
Plans prepared by: New England Engineering Services,Inc.
entitled"Subsurface Disposal System"
DATED 9/27/96
9. The following wetland resource area is affected by the proposed work:
Buffer Zone to 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 applicants delineation of the wetland resource
areas on the site as shown on the plans dated 9/27/96. 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 replacement 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(NOD 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).
CAWinwordk00C\242-833 2 NACC 11/6/96
DEP FILE#242 - 833
PRIOR TO CONSTRUCTION
14. No work shall be undertaken until all administrative appeal periods from
pP
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 242-833."
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\242-833 3 NACC 11/6/96
DEP FILE #242 - 833
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 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 five (25) 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$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 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.
CAWinword\00C\242-833 4 NACC 11/6/96
DEP FILE#242 - 833
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 constructionactivity 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 a orspillage
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
CAWinword\00C\242-833 5 NACC 11/6/96
DEP FILE # 242 - 833
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\242-833 6 NACC 11/6/96
DEP FILE #242 - 833
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). 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 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,retaining walls,and approved decks;
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.
C:\Winword\OOC\242-833 7 NACC 11/6/96
DEP FILE # 242 - 833
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/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 # 242-833. 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\242-833 8 NACC 11/6/96
922 Dale Street
Issued 8y N r th r, o�r Conseriaticrl Ccmm ss,cn
'4
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this 6th day of November 19 96 before me
personalty appeared Joseph Tynrh, r, 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.
W
Low
20
�.
Notary Public "~ My commission expires
The apoticant,trio owner. any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
acne.or any ten residents of the city or town in which such(and is located.are hereby notified of tneir rignt to request trio Decanment of
Environmental Protection to issue a Superseding Order, providing the request is rhade'by certified mail or hand,delivery,to the Department.
with the appropriate filing Yee and Fee Transmittal Form as provided in,310 CMR 10.03M.within ten days from the date atissuance at this
Datermrnatton.A copy of the request shalt at the same time be sent by certified mad or hand delivery tq the Conservation Commission
and trio 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.
Detach on dotted line and submit to the North Andove Con e v prior to commencement of work.
146�
in Street, No., Andover MA 01845 ....
70 North Andover Conservation Commission !ssc:ng hulndr,ty
Please be advisea that the Order of Conditions for the protect a
;:,IgNumCer
242— naspeen recorded atMeRed,sr-yaI Deeds Essex North District ina
-
has been holed in trio Gnain of time of the affected ordoerty in accorCanCe with General Condition-8 on
it recorded land, the insQUment number wntcn Identifies this a-at153CIItM 13
It registered land, the accument numoer wnich identifies Ih19 rransaction is -
Accucan
sicnature
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