HomeMy WebLinkAboutGUERTIN & ASSOCIATES 310 CMR 10.99 ,
Form 5
i DEP File No. f 2.42-859
' ��• (to be awn by UEI11
Commonwealth City4own North Andover
y �'•+f of Massachusetts
Town of North Andover
A • rS+ l`
1 •
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
To Town of North Andover Same
(Name of Applicant) (Name of property owner)
120 Main Street
Address No. Andover, MA 01845 Address
This Order is issued and delivered as follows:
0 by hand delivery to applicant or representative on Idate).
by certified mail, return receipt requested on f� 97 0 d,5- ,� 480 (datel
This project is located at Coachman's Lane, Map 37A, Lot 29 (Pump Station)
The property is recorded at the Registry of Norhfhpro r•��eX _
Book N/A Page N/A
Certificate (if registered)
The Notice of Intent for this project was filed on April 4, 1997 (date)
The public hearing was closed on June 4, 1997 (date)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information a tailaole tc the
NACC at this time. the_R ACC _ has determmed Ihat
the area on which the proposed work is to be done is significant to the following interests in accoroance v.ilh
the Presumptions of "t Sig nifica ? ort in the re ulatlons :or each Area Subject to ProteviQn Under the
uh7� Recreation
.
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178)( Wildlife
Pubilz water supply Flood control ❑ Land containing shellfish
Private water supply Storm damage prevention Fisheries
( Ground water supply Prevention of pollution �' Protection of wildlife habitat
Total Filing Fee Submitted N/A State Share N/A'
CityfTown Share N/A ('./_ lee in r�xcass of S25)N/A
Total Refund Due S City/7own Portion S N/A State Portion S
C/z total) ('12 total)
C llnrli..n 11/1 n1Aa 5. 1 -
DEP FILE #242 - 859
Therefore, the North Andover Conservation Commission (hereafter the
"NACC") hereby finds that the following conditions are necessary, in
accordance with the Performance Standards set forth in the State Regulations,
the local ByLaw and Regulations, to protect those interests noted above. The
NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it
does not authorize any injury to private property or invasion of property
rights.
3. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section VIII (p.15)
of the North Andover Wetland Regulations).
6. Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
7. The proposed work includes: Construction of 2,000 feet of gravity sewer and 540 feet
of force main within the paved right-of-way of Coachman's Lane. Approximately 1,120
feet of gravity sewer and 230 feet of force main will be constructed within the 100'Buffer
Zone of a Bordering Vegetated Wetland(BVW). The project also consists of construction
of a submersible pump station within the 100'Buffer Zone of a BVW.
CAWinword\00C\242-859.doc 1 NACC 6/5/97
DEP FILE #242- 859
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: North Andover DPW
DATED April 1997
Plans prepared by: Guertin&Associates,Inc.
Entitled"Sheet 1-Phase III Sewerage Facilities"
DATED February 19%
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 . Prior to the issuance of a
Certificate of Compliance, the applicant will submit a plan showing the site's
wetland delineation at a scale identical to the Town wetland map for this
location.
11. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the
applicant, owner, its employees and all successors and assigns in interest or
control
13. The NACC finds that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource
areas. In order to prevent any alteration of wetland resource areas a one foot
(1') No-Disturbance Zone and a thirteen foot(131 No-Construction Zone
shall be established from the edge of the adjacent wetland resource area. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local bylaw.
No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Appendix 5 of the local Regulations).
14. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order,even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
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DEP FILE # 242 - 859
and the owner or his/her agent shall so specify in the request for
Compliance.
15. The sewer lines on the site shall be tested for water tightness in accordance
with North Andover DPW standards.
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. 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 242-859."
18. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said
changes to be significant, the NACC will call for another public hearing (at
the expense of the applicant). Within 21 days of the close of said public
hearing the NACC will issue an amended or new Order of Conditions. Any
errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by
other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan
and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin
on a project until written approval has been granted by the NACC.
19. The applicant shall contact the Conservation Office prior to site
preparation or construction and shall arrange an on-site conference with an
NACC representative, the contractor and the applicant to ensure that all of
the Conditions of this Order are understood. This Order also shall be made
a part of the contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with
this Order.
20. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
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DEP FILE #242- 859
21. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
22. A row of staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control
barrier will be
installed and laced as shown on the laps approved
properly
P P pP
and referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC.
23. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of twenty(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 emergency erosion problems, and shall not be
used for the normal control of erosion.
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DEP FILE #242 - 859
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.
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
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DEP FILE #242 - 859
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 Towns 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, pump
stations, retaining walls, and/or approved decks;
C:\Winword\00C\242-859.doc 6 NACC 6/5/97
DEP FILE # 242 - 859
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.
47)Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the individual/trust or corporation to whom
the compliance is to be granted;
b) The street address and assessor's map/parcel number for the project;
c) The DEP file number;
d) 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 #242-859. 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.
CAWinword\000\242-859.doc 7 NACC 6/5/97
Coachman's Lane 242-859
Map 37A, Lot 29 (Pump Station)
Issued By N th nd ver 0�/ Conservation Commission
i
Signaturels °
This Crcer must be signed by a majority of the Conservation Commission.
On tnts 4th day of .Tune 1997 beicre me
personally agcearegp Lynch,Joseph W. L nch Jr. . to me Known to Ce the
persgn cescr:bed in anc vino exec::ted tne 'orecctne instrument ano acynowieoged that ne.sne exe:::aec
the same as hisiher free act anc Geed.
I December 11, 2003
Nc;aw Pu--::c My commission expires
Thea c::art:.:no owner. any oerscn acgnevea=y ants Crcer.any owner of lano acuning ine lane uMn v+nicn the crcxse^_ ^Cry!s'..::e
acne.cr any ten res cer.:s c::re c:ty or town in wrncn sucn tano:s iocatea.are nereov nota neo of their r:crt to reauest:ne Cecan cr
Env renmenia; Prctec::cn to issue a sucersec:ng Crcer. crov�c=the recuest:s mace cy certil, man or cane ce:we v is me Ceca^ _-'.
wan ine ac:recnate tuinc:ee aro t=ee Transm:nal Form as crov cea to 310 VAR 10.03(71.wurnn ten cans trcm the case v:ssuance c:tris
Oeterm.naucn.A cz:: v ine recuest sna+t at ine same time ce sent oy cenitiec man or nano aenvery to the Ccnservar:cn Ccmm:ss.cn
anc
Ir :OU Nish to appeal this decision under the Town 3viaw, a ccm:)iair.t
must *:)e -_-ed Superior Court.
Oetacn on cottee tine ano suarttt to the North Andover Conservation COt^^. prior to commencement at worx.
........................................... .................................................................................................................84 J
To North Andover Conservation Commission, 120 Main St. , No. Andover �1 ss .n Auirc-n.,
Please oe aov sea tnat the orcer of Conations tar the orclecs a
242 _Essex_ .tnc
;:,Ie Numeer nas aeon reccrcea at the Rectsm a of
nas oeen notea in ine grain of tate of ine attectea crooerty in accereance wan General Conatbon 8 on
t9
If reccrcea tang. ine instrument numoer wrnai taencttes tnts transactor a
If registerea Lana. the cecument numoer whtctl icienttties tnts mnsacTion is
:.ccnca�r
Stcna,ure
5.4 A
Massachusetts Department of Environmental Protection 242-859
Bureau of Resource Protection- Wetlands
Coachman'sLane
WPA Form 813 - Certificate of Compliance Pump Station
Massachusetts Wetlands Protection Act M.G.L. 131, §40 and North Andover Wetland
Protection Bylaw.
' Project Information
1. This Certificate of Compliance is issued by: 3. The project site is located at:
North Andover North Andover
Cow commission alylTown
Coachman's Lane Pump Station
To: Guertin & Associates SOeetAd&W N/A
Benjamin Fehan
AssessarsMapP(atf ParceUtaf
Name
91 Montvale Avenue
MailirgAddress
and the final Order of Conditions was recorded on
Hingham N/A
CiiyTown pare
MA 02180
at the Registry of Deeds for
Stare Lp co*
N/A
2. This Certificate of Compliance is issued for work regulated C=VY Book P
by a final Order of Conditions issued to-
No. Andover DPW Cenifuare(if mgaeedla"
iir�ne
June 5, 1997 4. A site inspection was made in the presence of the applicant,
or the applicant's agent,on:
242-859 TcxN e, oZ 0 b O
p£P fife NurrsDer pate
Certification
0 Invalid Order of Condition: It is hereby certified that
(Check all that apply): the work regulated by the above-referenced Order of
Conditions never commenced. The Order of Conditions has
® Complete Certification:it is hereby certified that the lapsed and is therefore no longer valid. No future work
work regulated by the above-referenced Order of Condi- subject to regulation under the Wetlands Protection Act may
tions has been satisfactorily completed. commence without fling a new Notice of Intent and
receiving a new Order of Conditions.
❑ Partial Certification: It is hereby certified that only the
following portions of the work regulated by the above_ 9 Ongoing Conditions:The following conditions of the
referenced Order of Conditions have been satisfactorily Order shall continue:(Include any conditions contained in
completed.The project areas or work subject to this partial the final Order,such as maintenance or monitoring,that
certification which have been completed and are released should continue fora longer period.)
from this Order include:
Condition Numbers:
x . 34 3.5
s
11......1 ,.L,1
Massachusetts Department of Environmentai Protection 242-859
Bureau of Resource Protection- Wetlands Coachman's Lane Pump S tatio
WPA Form 86 - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. 731, §40 and North Andover Wetland
Protection Bylaw. .
Authorization
On this 7th
Issued by:
North Andover day of "
June
conservation Commission Month
June 7, 2000 2000
Dareofl=nm yew
This Certification must be signed by a majority of the before me personally appeared
conservation commission and a copy sent to the applicant Scott Masse
and appropriate DEP R i ce(see Appendix A).
Signature(s) 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.
,votary Pudic
My camasion erpues "
' Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the land Court
for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission. ___ ----------
To:
_!_rTo: If recorded land,the instrument number which identifies this
transaction is
corsffv onCormt M=
Please be advised that the Certificate of Compliance for the
rn
project at sovmenrrmmcrr
If registered land,the document number which identifies this
transaction is
ftiea tocwon
Rle.Number Doava'NutnbT
has been recorded at the Registry of Deeds of
Signa M ofAWi2r1
County
and has been noted in the chain of title of the affected property
on
Date •
Book