HomeMy WebLinkAboutMiscellaneous - 322 BOSTON STREET 310 CMR 10.99
Form 3
DEP File No. 242-854-
(To
42-g54(To oe orowaed by QE.a)
—
- CommonwealthC+Iv'Town North Andover
,494= .
-
of Massachusetts William K. Barrett
AOoucant
322-555 Boston Street
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
North Andover Conservation Commission Issuing Authority
1049 'Turnpike Street
To William 1,. Barrett No Andnvpr._ MA 07 945
(Name) (Address)
Date of Issuance August 5, 1998
This Cer„iicate is issued for work regulated by an Order of Conditions issued to Colonial Village Dev Corp.
dated '1111,1Q7 and issued by the NACC
It is hereby certified that the work regulated by the above•referenceo Oraer of Conditians has
been satisfactorily comp!eted.
2. D It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Oraer of Conditions have been satisfactorily ccmpfeteo: (1f the.Certificate of Compiiance
does not include the entire project, specify what portions are inc!uded.)
Q It isnerecy certified that the work regulated by the above•referenceo Orcer of Conditions was
never commenced.The Order of Conditions has Iacisee and is therefore no longer vaiid. No future
\n,crx subject to regulation uncer the Act may be commenced without filing a new Notice cf Intent
anc receiving a new Orcer of Conditions.
(Leave Scace BianK)
6.1
a, 0 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 N/A (Cate)
at the Registry of , Book_. Page
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.)
North Issued by North Andover Conservation Commission
Signature(s)
When issued by the Conservation Commision this Certificate must be signed.-by a majority of is members.
On this 5th day of August , 19 98 . before me
personally appeared Scott_Masse 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.
r
December 11, 2003
Notary Pubfic My commission expires _
Detach on dotted line and submit to the
To NACC issuing Autnonty
Please be aavLsed that the Cenficate of Compliance for the protect at.
FifeNumoer 242-854 rias been recorbeaatineRegistryof Deeds, Northern Essex
and has been notea in the cnain of title of me altectea crocerty on r?
It.reccraea tanc.me instrument numoer wntr-t toentrtres taus transacuon is
it registered land.the cacurnent number wnt n tde,:rhes tnrs mis=cn r
310 CMR 10.99
i• ' Form 5
i
DEP fila No,
1- 242-854
:,._, (to tM Lrwtinn Dy UE1'1
- - North Andover
r Commonwealth City.town
��-•+- of Massachusetts
Aoal+cant Colonial Vlg Dev Corp
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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 COP1ttISSION
To Colonial Village Dev Corp. Same
(Name of Applicant) (14ame of property owner)
Address 1049 Turnpike St. , No. And. , MA Address Same
This Order is issued and delivered as follows:
C3 by hand delivery to applicant or representative on
by certified mail, return receipt requested on ZI3ZJ 9�,j �/ Idatel
1-his project is located at Boston Street, from #322 to #555
The property is recorded at the Registry of Nnrt•hern Essex _
Book N/A Page N/A
Certificate (if registered)
The Notice of Intent for this project was filed on February 6. 1997 (date)
The public hearing was closed on February 19, 1997 (date)
Findings
The North Andover Conservation Commission has reviewed the above•relerpriced Nonce of
Intent and plans and has held a public hearing on the protect. Based on the information avadaole to the
NACC at this time, the NA(:(' _ has 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 ce forth in the regulations for each Area Subject to Protecnwi Under ttte
�h. -178 Recreation
Act (check as appropriate): Ch.178: — Prevention of Erosion & Sedimentation Ch.178 Wildlife
Pubiio water supply �_ Flood control 0 Lind containing slIJIish
Private water supply Z Storm damage prevention Fisheries
Ground water supply 0 Prevention of pollution Protection of wildlife habitat
Totaf Filing Fee Submitted $250.00 State Share $112.50
City/Town Share $137.50 lee in Pxcr.ss of S2-)
Total Refund Due S City/Town Portion S Slate Portion S
(1/2 total) (!/2 total)
Effective 11/10/89 5-1
DEP FILE #242 - 854
Therefore,
the North Andover Conservation Commission (hereafter er 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: Installation of a waterline in Boston Street(from
approximately#322 to#555)within the 100'Buffer Zone of a Bordering Vegetated
Wetland(BVW).
I
-CAWinwm-&00C\242-854.doc 1 NACC 3113197
DEP FILE # 242 - 854
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: Colonial Village Development Corporation
DATED 2/6/97
Plans prepared by: Christiansen and Sergi,Inca
entitled"Off-site Improvements®Windkist Estates"
DATED V28/97
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 1JW97. 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.
C:\Winword\OOC\242-854.doc 2 NACC 3/13/97
DEP FILE # 242 - $54
PRIOR TO CONSTRUCTION
13. 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.
14. 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.
15. 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 242-854."
16. 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.
17. 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
C.\Winword\00C\242-854 doc 3 NACC 3/13/97
DEP FILE #242 - 854
supervisor hired to coordinate construction and to ensure compliance with
this Order.
18. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
19. 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.
20. 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 shallbe 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.
21. The applicant shall have on hand at the start of any soil disturbance,removal
or stockpiling, a minimum of thirty (30) 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.
22. 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 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\00C\242-854.doc 4 NACC 3/13/97
DEP FILE # 242 - 854
DURING CONSTRUCTION
23. IMPORTANT: By issuance of this Order of Conditions,the NACC
authorizes replacement of an existing 15" RCP in the immediate vicinity of
Station 3+00 if said pipe is observed to be failing at the time of utility
installation. This condition simply permits replacement of a pipe with an
exact duplicate and does not allow for a larger or smaller structure.
24. IMPORTANT: Upon the completion of daily construction activities, a
suitable cover shall be required for all open trenches.
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.
CAWinword\00C\242-854,doc 5 NACC 3/13/97
DEP FILE #242 - 854
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.
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.
CAWinword\00C\242-854.doc 6 NACC 3/13/97
DEP FILE #242 - 854
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 Towns 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 loaming 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"
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, POOLS,
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;
C.\ jw COOC�242=8S4.dbc 7 NACC 3/13/97
DEP FILE # 242 - 854
f) 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/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- 854. 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;
• Maintenance of catch basins;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers,herbicides and pesticides.
C:\Winword\00C\242-854Am 8 NACC 3/13/97
D.,Er P. #242- 854 242-854
Issued By �C)RkHj AD V R Conservation Commission
LI�IJA A/14"
Signature(s)
z;i 11�4�
r,
This 09er must be signed by a majority of the Conservation Commission.
On this 12th day of March 19 97 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.
December 11, 2003
Notary 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 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 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.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover 018/l5
To ssurng Aut iorrty
Please be advised that the Order of Conditions for the project at
Fite Number 242- 854 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 Bon---,
t 9
It 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