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HomeMy WebLinkAboutMiscellaneous - 1057 JOHNSON STREET 310 CvIR 10 99 DEP File No. 242-722 Form 8 (To be provided by DEP) C i Torn N o. Andover ZY/ Applicant Ray Allen Commonwealth of Massachusetts Lot `1 Johnson Street Certificate of Compliance` Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From North Andover Conservation Commission Issuing Authority To Ray Allen 1057 JAnsbn'.Street, NO. Andover MA 01845 (Name) CAddress) October 22, 1996 Date of Issuance H This Certificate is issued for work regulated by ;an Order of Conditions issued to Eileen Allen dated 12/08/94 and issued by the No Andover Conservation Commission 1. �XX 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-referenced -Order of .Conditions have been, satisfactorily completed: (If the Certificate of Compliance'does' not includetheentire; project, specify what portions are included. ) 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 The Order of Conditions has lapsed and is therefore no longer valid: No future work subject to regulation under the Act may be ,commenced without filing a new Notice of intent and receiving' a new Order of. Conditions. (Leave Space Blank) Effective 11/10/89 8-1 y 4 . x x The 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 or. 03/07/95 (date) at the as INSTRUMENT NO. 4501 I Registry of Deeds, North Essex Book Page S . ❑ The following conditions of the Order shall continuer (Set forth anti conditions contained in the Final order, such as maintenance or monitoring, which are to continue for a longer period.) North Andovet Cone v Commission Issued by Signature(s) When issu' by the Conservation Commission this Certificate must be signed by a majorit of is members. on this //6 day of lg,ql before me personally Appeared DS �,/� .C�.1//'l�' _�[/: to me known to be the ._ person described in and who executed the foregoing instrument and acknowledged that he/sl--- executed the same as hisAier free act and deed. Notary Publi My commission expires Detach on dotted line and submit to the No. Andover Conservation Commission (NACC) to NACC, 146 Main St. , No Andover MA 01845 issuing Authority project at: Lot 1 Johnson t t of Compliance for the r � S Please be advised .that the.Certifica a omp p File Number 242-722 has been recorded at the Registry of i and has been noted in the chain of title of the affected property 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 S-2 eq?y KAREN H.P.NELSON �04 yoy Town of REQ 120 M Street, 01845 NORTH ANDOVER JOYCE U� � -6483 BUILDING b®;:::::�� TOWN { ._ ;. , CONSERVATION "'` DIVISION OF NORTH A h 6O V E R PLANNING PLANNING & COMMUNITY DEVELOPMENT �.i #55 Lot 1 Johnson Street MODIFICATION TO ORDER OF CONDITIONS File No. 242-722 Project• Lot 1 Johnson Street The NORTH ANDOVER CONSERVATION COMMISSION at it meeting on March 1, 1995 , agreed to accept the modification to the plan dated October 19, 1994 and revised December 19, 1994. Modification is to the proposed dwelling and driveway locations as a Modification to the Order of Conditions issued in file #242- 722 dated Dec. 8, 1994 and recorded in Book # and Page # Issuiga by tFle NORTH ANDOVER CONSERVATION COMMISSION: Ilk On this 1st day of March 19 95 , before me personally described in an executed the foregoing instrument and acknowledged that they executed the same as their free act and deed as the true vote of the CONSERVATION COMMISSION. (�, ,� I ,oraasion f x zrira t,,^¢ 7tr Notary Pub;li My ommission Expires A receipt from the Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the Book and Page numbers where the original Order #242- 722 was recorded. 370 VAR 10.99 t #. R KIm f� } ita Form 5 Do via N& 242-722 (To ce avrwa or OEM - .- ComNorth Andover monwealth G1y.Town - = of massacnusetts Aileen Allen --- aoot�cam -- Lot 1 Johnson Street Order of Conditions MassaChUsetts Wetlands Protection Act O.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 Frcn North Andover Conservation Commission Eileen Allen Same Tc (Name of Apaiicanta (Name of crooeny owners 1208 Salem Turnpike Acores= North Andover MA 01845 AcJRre_s Same This Orcer is rssuea ants aeliverec as follows: Certified Mail to Applicant Regular Mail to Applicant's Representative G by nano --vivery to acaiicant or recresentative on (tate' by cert:fiec rnaii. return receiet recuestea cn December 8, 1994 2115 797 977 (a--!:E! Lot 1 Johnson Street This urC:eC:Is fOca:eC at — - The crc-ceny is reccrcea at the Aec:stry of Deeds, Northern Essex BccY 734 Page 272 Of re=steren.) - The Nonce c, Intent for tnis crelec:was fifee cn October 21, 1994 (ca:e: The cubNovember 16, 1994 cubic nearing was ctesec on (Cate; Fincinc_s -,.e North Andover Conservation Commission nas reviiewec!ne above-reterenc_c ^tct:cs Of Inters-,anc cans anc nzis nese a-ludic nearing cn the.re;ect. 3zsec on the intcrn:aucn avaimc:e tc -,rte NACC at this trine. me NACC has ceterT'tne^-Mat the area cn wntc:i the crccoseo worx is to Oe acne is signnicznt to tree totiowing interests to actor canoe with ine Presur:c::cns of Significance set fonrn in ne reguiaaons for eacr.Area SuOtect to?rotes::cn Uncer the Ac:,,=scx as ac=rccrtatei: Ch.178 0 prevention of erosion and sedimentation Pt:oi;c water suc«ty M Fiocc control L.! Land ccntatning snelliisn C Private water suiczy ❑ Storm carnage creventton Q Fisneries C Grounc water su>ctrty Q Preventon of roltuucn M Protean of wilafe na0i121 $270' 9; State Sharere-`�t ��ation Ch. Wildlife Total l=i'�inC �a Suomtttea . C:vfTown Share $137.50 ('lis fee in excess cf i Tc;a. Belt.ria Cue 5 C::yiTown Pcrron 5 State Pan= 5 (1/2 !Chat) (1/2 !that) DEP File Number 242-722 Lot 1 Johnson Street 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 the 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 private 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, bylaws, or regulations. 4. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the NACC shall be party to all agency proceedings and hearings before the Department. 5. The work authorized hereunder shall be completed within three years from the date of this Order. 6. 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. 7. The proposed work includes construction of a single family residence, driveway, sub- surface sanitary waste disposal system and sewer piping, and ancillary site grading and landscaping. All and/or portions of said work being located within the jurisdiction of the NACC by virtue of location within the 100 foot buffer zone of a Bordering Vegetated Wetland resource area. Project Information 8. Hearings on the proposed activities were opened on November 2, 1994. Initial testimony was presented and the Public Hearing continued until November 16 1994. A site walk was scheduled for the morning of November 5, 1994. The applicant, engineer, and one abutter were present at the site walk. At the November 16, 1994 public hearing a motion DEP File Number 242- 722 Lot 1 Johnson Street to close the Public Hearing was offered by Commissioner Lynch, seconded by Commissioner Foley. The motion passed unanimously by voice vote and the Public Hearing was closed on November 16, 1994. 9. The following plans and information were received by, considered, and reviewed by the NACC in reaching its decision: a. Notice of Intent submitted by John Berube of John Paul Construction, of 2543 Main Street, Tewksbury, Massachusetts on behalf of the applicant, Eileen Allen of 1208 Salem Turnpike, North Andover, MA. Said Notice of Intent is dated October 21, 1994. b. Topographic Plan of Land in North Andover prepared by William G. Troy & Associates, of 936 East Street Tewksbury, MA, for Milton and Eileen Allen, drawn at a major scale of 1"=40', dated October 19, 1994 and otherwise bearing no other revision date. (Note - There are two plans used by the Commission in reaching its decision. Modifications to the plan submitted with the N.O.I. were requested by the Commission. The plan was revised accordingly but bears the same date as the original plan filed with the N.O.I. For clerical purposes, the plan bearing original signatures of Commission Chairman Reich and Commissioner Lynch shall be retained in the permanent file as the record plan from which this order of conditions has been rendered.) C. Narrative presentation made by John Berube, the applicant's representative. d. Report issued by Leah D. Basbanes, M.A., wetland scientist, of Basbanes Associates, Inc. Said report dated October 6, 1994. e. Visual observations made during the site walk held on Saturday morning, November 5, 1994. Present at,the site walk were the Applicant, the Applicant's engineer, members of the NACC and staff, and one abutter. f. Testimony from the applicant, applicant's engineer, and abutters to the propose project heard by the Commission during the Public Hearing and Site Walk. 10. The Commission has heard testimony offered by abutters generally with regard to a failure of the applicant to adequately delineate all resources areas protected by the Act within the designated project area and buffer zone. Observations made by the Commission during the site walk indicate that the delineation of the resource area, on the ground, agrees with the delineation depicted on the plan. Further, the Commission observed that there are no other resource areas located within jurisdictional limits of the project and therefore, resource area delineation information submitted is correct and all inclusive. DEP File Number 242 -722 Lot 1 Johnson Street 11. The following wetland resource areas are affected by the proposed work: buffer zone, and bordering vegetated wetland. 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. 12. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans. 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. 13. 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. 14. 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. 15. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct the desired improvements will not cause further alteration of the wetland resource areas. And that in order to prevent any alteration of wetland resource area the Applicant has maintained a twenty-five (25) foot no-disturbance zone and a fifty (50) foot no-construction zone, 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 16. 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. 17. 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. DEP File Number 242- ' 722 Lot 1 Johnson Street 18. 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 242-722", 19. 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. 20. 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. 21. The applicant shall submit a short-form construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 22. 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. 23. A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed in accordance with the approved plans 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. 24. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 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 DEP File Number 242- 722 Lot 1 Johnson Street emergency erosion problems, and shall not be used for the normal control of erosion. 25. A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $2,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer 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 conditionswhich 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 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 of 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. DEP File Number 242 722 Lot 1 Johnson Street 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. 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 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 Land Surveyor 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. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. C. Distances from structures to wetlands. d. A line showing the limit of work. "Work" includes any disturbance of DEP File Number 242 722 Lot 1 Johnson Street soils or vegetation. 39. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14. Maintenance of catch basins. 35. Discharge or spillage of pollutants. 36. Prohibition of storage of fuels underground. 37. Limitations on the use of fertilizers, herbicides and pesticides. 242-722 ,Afti, Lot 1 Johnson Street Issued By North Andqver S Conservation Commission Signature(s) ..... This Craer must be signed by a maldrfty of the Conse ation Commission. On this 16th day of November 19 94 beicre me personally appeared Georae Reich . to me Known to ce the person cescrtbec in and wno executed the fore-cing instrument and acxnoweoged that ne.sne e:Yec.;tec the same as his;her free act ano Deed. i r My Comadssioa tnpiM Jute 2{t.1'',142 Nctar%, Pu^:ic 0 My commission exp:res The a:c:icam,:ne awner. ariv c+ersdri aggneved=y:his Cr der.anv owner cf lane a.^.uatng tris rano uron which tris crcxsec,,c.,'•s r oe acne.or any ten resicens c:the city or town to wntcn such land is Located.are neteov notified v Meir rght to redues::ne Cecart^en!c! Envvcnmentaf Prctec:,cn to issue a Sucersecing Crcer. orovietng the recuest s made oy cert!:tec-.aii a nano cetivery:c tie Ceca�-e with the a=rcdriate tomo:ee an-.Fee Transminat Farm as crovtdted to 310 Ct:P io.=7).within ten cays rrcm ins cote v issuance c'this Ostermmation.A cccy c:the recuest snatt at the sale ume oe sent cy certified man or nano ceuvery to the Conserva;ch cc-nmtss�cn ano tno a:c:;ca-u. If you wish. to acteai this decision under the Town 3r1aw, a comz1aint Must :)e :-i ad in Superior Court. /0 Itis is to cert►mat me*(201 d hr.,z eMpsed MM ftv C1We diCie�oa Joyce A BatdWW Detacn on coiled tine and suarnit to the North Andover Conse-»ori nn Cc=—= prior to commencement of worx. .................................................................................................................................MA......01..... .. �........ 4 5 To North Andover Conservation Commission, 120 Main St. , No• Andover ssu:��r qtr crity Please oe advisee that the Order of Conditions for the protect at Lot 1 Johnson ;:,ie tvumoer 242— 722 nas peen recorded at the A-saist:y of Deeds, North _l ssex_ ina Mas peen noted to ins cnain at tine of the affected property in accordance wan General Condition 8 on , 19 — it recorded fano. the instrument numoer wmcn wenpttes mis ttd mczcn is It registered tans. the document numoer wmcn icennfies this transaction is Acoricon! Sicna:ure 5.4A a . KAREN H.P.NELSON ` Town Of R E r,C `=1I20 M Street, 01845 Director _ NORTH VER �o�rc� BRA ". H ANDOasz-s4s3 BUILDING � � r CONSERVATION �''°""�' TOWN v�. t 4 PLANNING nnrlstoxof NORTH ANDOVER PLANNING & COMMUNITY DEVELOPMENT MAE 15 1-9 Atli 195+� Lot 1 Johnson Street MODIFICATION TO ORDER OF CONDITIONS File No. 242-722 Project: Lot 1 Johnson Street The NORTH ANDOVER CONSERVATION COMMISSION at it meeting on March 1, 1995 , agreed to accept the modification to the plan dated October 19, 1994 and revised December 19, 1994. Modification is to the proposed dwelling and driveway locations as a Modification to the Order of Conditions issued in file #242- 722 dated Dec. 8, 1994 and recorded in Book # and Page # Issudd by a NORTH ANDOVER CONSERVATION COMMISSION: 1 F/ ' On this 1st day of March 19 95 , before me personally described in an executed the foregoing instrument and acknowledged that they executed the same as their free act and deed as the true vote of the CONSERVATION COMMISSION. Notary roMy ommission' Expires A receipt from the Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the Book and Page numbers where the original Order #242- 722 was recorded. JOYCE $W Received by Town Clerk: NOV .FORM A OCT 25 25 PIS APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 0cTo Q��t i Z , 19 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and request a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reason: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has he amount of frontage required by the North Andover Zoning Bylaw and is on a public way, namely, T c kl-%C )�j S rrcccT or a private way, namely, being land bounded as follows: r-,;K,- F>tt-Y (3 y T:",, CL.v S'r-n rpt' 91i I 1-h cAr-h 1-dhILZ wES,Z c y 'd C-'i+t� T 2 . The division of land shown on the accompanying plan is not a subdivision for the following reasons: 3 . Title reference North Essex Deeds, Book 7 3" Page Z 7 7; or Certificate of Title No. Registration Book Page Applicant ' s Signature: Owners Signature and address +" i f not the applicant: _ t (Print Name) Applicant' s Address: N A-y,c'eyowrZ .�,g - c. rys— zs-y �v�clt3t2Y* Nr�i o�y76 Tel . No. seg 65.7 G.w I tl AW Nora AU f r . .� .. ., Received by Town Clerk: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision Control Law, and the appropriate endorsement has been made upon the same. 2 . T No th An a Plannin d has det ed that id an s ws a ub vision, s de 'ned by .L. c 1, s 1 L, nd mu t efor be r submitt t for app under the Sub sion Co Law. Very truly yours, NORTH ANDOVER PLANNING BOARD By Date: • ay