HomeMy WebLinkAboutTOWN OF NORTH ANDOVER 310AC-MR 10.99
Form 5
DEP Fite►4o, 242-365 ^,
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Commonwealth Ciry,toWn North Andover
of Massachusetts
i G{ Aoviicallt Town of No. Andover DPW
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 DPW Town of North Andover
(Name of Applicant) (Nance of property owner)
'. 384 Osgood Street
Address No. Andover, MA 01845 Address 120 Main Street, No. Andover, MA 01845
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on / (date)
by certified mail, return receipt requested on ���/97 � 3 (datel
(his project is located at Cyr Recycling Center @ Sharpners Pond Rd
The property is recorded at the Registry of Narrliprn F•-q-qpm _
Book 1266 Page 609
Certificate (if registered)
The Notice of Intent for this project was filed on May 20, 1997 (dale)
' The public hearing was closed on June 4, 1997 (date)
J
Findings
The North Andover Conservation Commission has reviewed the above-referenced tJetice of
Intent and plans and has held a public hearing on the pro)ect. Based on lthe information a,,adaote tc the
NACC at this time. the_1'f11(:(' _ has determined 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[Lce S }o in therequlal+ons for each Area Sub)ect to Protec'ron Under the
c;h. 1�8 Recreation
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178V Wildlife
( Pubiio water supply (� Flood control ❑ Lind containing shellfish
( Private water supply Storm damage prevention 9 Fisheries
Ground water supply ( Prevention of pollution Y-f Protection of wildlife habitat
Total Filing Fee Submitted Town Project/Exempt State Share
City/Town Share (V_ lee if) r�xcess of ?�)
Total Refund Due S CityrTown Portion S State Portion S
. . I
DEP FILE# 242 - 865
Therefore, the North Andover Conservation Commission (hereafter the
"NACU) 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: Re-grading for the purpose of constructing a soccer
field within the Buffer Zone of a Bordering Vegetated Wetland(BVW).
CAWinword\00C\242-865.doc 1 NACC 6/3/97
DEP FILE #242- 865
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: Town of North Andover DPW
DATED WCV97
Plans prepared by: Town of North Andover DPW
Entitled"Topographic and Wetland Plan of Sharpeners Pond
Recreational Area"
DATED REV 5/16/97
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 REV 5/16/97. 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 twenty
five foot(25') No-Disturbance Zone and a fifty foot(501 No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except from wetland flags 2-21 through 2-25 and at the existing wetland
crossing. The haybale/silt fence barrier shall run tangent with the existing
dirt roadway. 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).
CAWinword100C1242-865.doc 2 NACC 6/3/97
DEP FELE #242- 865
PRIOR TO CONSTRUCTION
14. 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.
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 format 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 242-865."
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\000\242-865.doc 3 NACC 6/3/97
DEP FILE#242 - 865
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 nunimum 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.
CAWinword\00C\242-865.doc 4 NACC 6/3/97
DEP FILE #242 - 865
DURING CONSTRUCTION
23. 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.
24. 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.
25. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
26. 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..
27. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
28. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
29. 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.
30. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
31. 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.
32. 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
CAWinword\00C\242-865.doc 5 NACC 6/3/97
DEP FILE #242- 865
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
33. 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.
34. 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.
35. 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 foaming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
36. 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. "
37. Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The DEP file number;
b) A statement certifying compliance with the Order of Conditions and
approved plans.
CAWinword\00C\242-865.doc 6 NACC 6/3/97
DEP FILE#242 - 865
38. 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 #242-865. 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 NN,aive these setbacks as established under the local
ByLaw;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations c ,, [fie use of fertilizers, herbicides and pesticides.
CAWinword\OOC\242-865.doc 7 NACC 6/3/97
242-865
�ign2ture(S)
i his CrC=_r^ust Oa signed 5y a majority at tha Conservation Commission.
On
4th da y of June t a �7 telare me
this ,
personally _speared Joseph W Lvnch Tr to me ,<nawn to t7e the
person eeCcrioed in and who executed the foregoing instrument and ac4nawledg?d That hershe executed
ti ie same as hisoler free act and deed.
r
December 11, 2003
INGta^jj My commission expir=es
�'a aCdtia.3nt.:,Isowner, any c1=41 dgg teved';y this Oreer, any awner at land=ucting the land ut'cn whicm the orCCCSeC walk is to n
acne.cr any ten resicen,ts at tine c..:,y or town in wnictt sucn tans is located.are neraay notified at;herr ngrt to recuest me aeaarrment at
`nvrrcnmantal ?rc:ect,or, to issue a Superseding Order, ;roviding the request Is rhacs ay cercrfie� rail or hard delivery .o me Oeearmertt.
with tine aeGrccr:ate fiiing'ea and Fss Trans,:11nai Farrn as Grcvided in 31Q CJAA tQ.tJ:(?1,w,min ten days tram tine dale of issuance of tris
Oetermtnarton.A ccFy at the request small at tine same time Ce sent ny certified mail or hana aairverf to:me Conservaucn Commission
and tma acclicart.
IF you 41sn to appeal this decision under the Town Bylaw, a comolaint
must be filed in Superior Court.
. l
A, RECEIPT FRONT THE REGISTRY OF DEEDS i4UST BE SUBMITTED TO THIS OFFICE SHOWING
THLkT THIS ORDER OF CONDITIONS HAS BEEF RECORDED AT THE `ORTH ESSEX REGISTRY OF
DEEDS.
tlOrtCt Andover Can eT��J i mm prior tc aammenerment a!.+ark.
oatach an dotted line and sudmit to the kQ O L845
1 6 Main Street, No. :�ndov�r...�.:............................ ................
......................................................
North Andover Conservation Commission
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