HomeMy WebLinkAboutLOVE, MARTHA I
S10 CMR 10.99
Fprm 5 A ( i.
x k e DEP Fib No. 1242-744 J
Commonwealth 01plown North Andover
of Massachusetts t
ADIAIUM Flintlock, Inc.
=_ c o David Kindred
Lots 6 & 7 Lost Pond Lane
!a
and 14 Duncan Drive -
Order
rive _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 CWP USSION
David Kindred
To Flintlock, Inc. Martha Love
(Name of Applicant) (Name of property owner)
PO BOX 531 785 Palmer Road
Address North Andover MA 01845 Address Mill Spring , NC 28756
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (dale)
XZXxby certified mail, return receipt requested on P406 914 716 04-28-95 (date)
This project is located at Lots 6 & 7 Lost Pond Lane and 14 Duncan Drive
The property is recorded at the Registry of Norther-ti r•--,gpX _
Book 2989 Page 62
Certificate (if registered) -----------
The Notice of Intent for this project was filed on March 9, 1995 (date)
The public hearing was closed on April 26, 1995 f dale)
Findings
The North Andover Conservation Commission has reviewed the above•relerer,ced Notice of
Intent and plans and has held a public hearing on the project. Based on the information availaole to the
NACC at this time. the NAC(: _ has determined that
the area on which the proposed work is to be done is significant to the following interests in accoroance v.ilh
the Presumptions of Si nifica ce forth in the requllations for each Area Subject to Protection (_Under the
9
I� �h. s1�8 �
Recreation
Act (check as appropriate): Ch.178: �,e Prevention of Erosion & Sedimentation Ch.178_X Wildlife
Pubiic water supply Flood control ❑ Lind containing shellfish
Private water supply ( Storm damage prevention ❑ Fisheries
[1 Ground water supply Prevention of pollution Dt Protection of wildlife habitat
Total Filing Fee Submitted $55.00 State Share_
City/Town Share $40.00 ('
IP_r3 ir1 rxcess of S25)
Total Refund Due S CitylTown Portion S State Portion S
('/z total) ('iz total)
Effective 11/10189 ' t
DEP FILE #242-744
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 B YLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
7. The proposed work includes construction/installation of a water main from Lost
Pond Lane to Duncan Drive within the Buffer Zone of a Bordering Vegetated
Wetland (BVW). In addition, a temporary crossing of BVW is proposed to gain
access.
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: Flintlock,Inc., C/O Dave Kindred
P.O. Bog 531
N. Andover,MA
Plans prepared by: Thomas Nevy Assoc.,Inc.
Entitled "Utilities& Topo Plan"
Dated 4/19/95
CAWinword1000242-744.doc 1 NACC 4/28/95
DEP FILE #242-744
9. The following wetland resource areas are affected by the proposed work: Buffer Zone
of Bordering Vegetated Wetland (BVW) and 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 4/19/95. Prior to the issuance of a Certificate
of Compliance, the applicant will submit a plan showing the site's wetland
delineation at a scale identical to the Town wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
12. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control
13. The NACC finds that the intensive use of t he upland areas and buffer zone proposed
on this site to construct the water main will cause further alteration of the wetland
resource areas. In order to prevent any alteration of wetland resource areas beyond
those proposed in the Notice of Intent and approved herein, a twenty five(25)foot
no-disturbance zone shall be established from the edge of the adjacent wetlands
except in those areas approved on the above referenced plan dated 4/19/95. No
disturbance of existing grade, soils or vegetation is permitted in the no-disturbance
zone. (See Appendix 5 of the local Regulations).
14. The NACC finds the applicant's proposal for 200 sq, ft. of wetland restoration to be
adequate. This area shall be restored immediately after the water main is in
place.
PRIOR TO CONSTRUCTION
15. 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.
16. 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
CAWinword\00C\242-744.doc 2 NACC 4/28/95
DEP FILE #242-744
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.
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 242-744".
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.
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 shall be placed between all construction areas and
wetlands. The erosion control barrier will be properly installed and placed as shown on
approved plans dated 4/19/95 and shall be inspected and approved by the NACC prior
to the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC.
CAWinword\00C\242-744.doc 3 NACC 4/28/95
DEP FILE #242-744
23. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales
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.
24. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC , and shall be posted with the North Andover Town Treasure before
commencement of work. Said bond or deposit of money shall be conditioned on the
completion of all conditions hereof,shall be signed by a party or parties satisfactory to
the NACC, and Town Counsel, and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for performance of
any conditions which are of continuing nature. The applicant may propose a bond
release schedule keyed to completion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of the local
ByLaw.
DURING CONSTRUCTION
25. During an inspection of the site with the applicant,Mr. David Kindred, it was
apparent that fill material(horse excrement)was placed illegally in adjacent
BVW. A violation of the Wetlands Protection Act 310 CMR 10.00. This fill shall
be removed when trenching activities reach approximate wetland flag#299 as
shown on the approved plans dated 4/19/95. This fill shall be hauled off-site or
at a location on-site deemed acceptable by the Natural Resource/Land Use
Planner. The Conservation Department shall be notified atleast 48 hours in
advance so that an inspection can occur during removal activities. Trenching
and installation of pipe may not resume past this point until the Natural
Resource/Land Use Planner has stated otherwise.
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.
CAWinword\00C\242-744.doc 4 NACC 4/28/95
DEP FILE #242-744
30. All disturbed areas located within wetland resource areas which are to be only
temporarily disturbed during construction, shall be restored to their original grade, soil
profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil
or a minimum of 4" of quality loam.
31. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
32. 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.
33. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
34. 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.
35. 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
36. 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.
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.
Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Engineer certifying compliance with this Order of
Conditions and the approved plans referenced herein(or approved revisions). Upon
CAWinword\00C\242-744.doc 5 NACC 4/28/95
DEP FILE #242-744
completion of construction activities, compliance will be issued at the discretion
of the NACC based upon a satisfactory report from the Natural Resource/Land
Use Planner.
38. The following special conditions shall survive the issuance of a Certificate of
Compliance for this project:
35. Discharge of spillage of pollutants.
36. Prohibition of storage of fuels underground.
CAWinword\OOC\242-744.doc 6 NACC 4/28/95
t
Ile c
242-744 Lots 6 & 7 Lost Pond Lane and Lot 14 Duncan Drive
Issued By North Andover_ Conservation Commission
Signature(s)
This Crcer must be stoned by a ma;ority of the Conservation Commission.
On ,,,its 26th day of April 19 95 before me
personally ac-.eared, George L. Reich to me Known to ee the
person cescr,ne^<.in enc .vno execi�teo the foregoing instrument and acknowieeged that ne.sne exe_::;ec
the same as;fit;,her free act anc ceed.
o;a ; Pu`'iic My commission expires
:na c+v^ar. any Gern accneveo Cy this Crcer.any owner of lana awning the lana uMn wnicn the crcxse+ cr• s;:oe
Gerson
Gone.cr any ten resicena c;;^e C:,or town in which such fano:s iocatec.are nereov notiti of tneir richt to request:ne Genan-e
Environmental Prciecrcn ro issue a Sucersec:nc Orcer. croyicmg the requests mace py certtttea thou cr mane ce wery:o the Cecac•-e
witn my aC:;=_r:aie iiiinc:ee ane Fee Transm:nai Form as eroviceo in 310 C."q io.o3(n,within ten cans trem the care of c
:ssuane c';na
Determ:naucn.A cc;,y ct the rec::est snaii at the same time me sent mycertifiec mart or nano eanvery 10!1`19 Conserva.,:cn Ccrrm:ss.:;n
anc the accaca,t.
If vou :v si. to arpeal chis decision under the Town 3viaw, a cCm 7laint
r..ust 3e = ec -: Super�or Court.
RECORDING INFORMATION:
Detacrt on cwtea ime ane summit to the North Andover Conserva ri nn Com^'_prier to commencement of worx.
............................................................................................................................................................................................01845
�..018 4 .......
To North Andover Conservation Commission,
120 Main St. , No. Andover
Please me aovisee tnat the Oreer of Ccnettions for the project at Lots 6 & 7 Lost Pnnr1 7.,q no and T nt- 1 L T)r-an Drive
�Ae Numner 242 744 has peen recorcea at the Registry of
Deeds, North Essex enc
nas peen notes to the chain of title of the attecteo cromerty to accoreance with General Conottton 8 on
t9
if recorcea ianc. the instrument hummer wntcn teenutieLs this trattsacaon is
It regtsterec tano. the cocument hummer whtcn toenttites this transaction is
Accncan.
Sicna;ure
5.4A