HomeMy WebLinkAboutWHITE, DAVID HI ._.- ._
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J_ and North Andove
MaSSachuSettS wetl�d�P�oteCtfdn Act M G.L. c. 131 40 � r Wetland
Protection Bylaw.
" A{�plicant lnforrnation Route 114 Sewer Installation
s
From: The Notice of Intent for this project was Fled on:
NORTH ANDOVER" November 18, 1997
GuZsartionCcmrmsnn. ..... _ Oita
For: The public hearing was closed on:
242-893. January 21, 1998
Praj�FikNwnCa^ Oue Q�1�
To: t
West Environmentali Inc.:; ride and Oate of final Plans and Other Oocuments:
40 0-ri
448 Stevens Hill Road .
arr�ngAdd= Q I Q q
Nottingham, N.H. 032
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a i/9qTC1. r +npL)�
Sane DpCada I1'
• . urnpi�c�, .Sir.e.� o�►nd I�.�ler
The project site is looted at: w-es4—
NORTH.ANDOVER
assess«s,waaPrui Par�ita�,
and the property is recorded at the Recgtstr�ofQeeds ,0C
Essex.
in 10
' 11Q2$
cmay
rpt
Czctnete(i/r�seret!ara) � ,
t_
Findings
Furthermore,this Commission hereby finds that the project as
Endings pursuant to the Massachtett,5 Wetlands proposed,is:
Protection Au (check one of the following boxes)
Following the review of the above tef�rered•Nottce of.lr�ent Approved subject to:
- and based on the information prp+nded q this+ppltc ttort ani
presented at the public hearing,thccmlm�tss�acl fitt the �! the following conditions which are necessary,in aordarce
area in which work is proposed�A, �f� kwii 1 {` ,with the performance standards set forth in the wetlands
interests of the Wetlands Pro ' ''al( I )t regulations,to protect those interests checked above. This
,
mission orders that`all the work shall be performed in
9 Com
L Public Water Supply Vii' accordance wah the Notice of Intent referencedabove,the
I Private Water Supply following General conditions,and any other special
CX Groundwater Supply conditions attached to this Order.To the extent that the
(X Flood Control ' following conditions modify or differ from the plans.
C3Land Containing Shellfish specikatians,or other proposals submitted with the Notice
Fisheries of Intent,these conditions shall control.
CX Storm Oamaoe Prevention
(g Prevention of Pollution
Prcteaion of Wildlife Habitat
Masa CiusatLs De�artl3 Alw of r t►uanm tat�rat�tiaa: =- 4�'Z— �3
Bureau of Resource Protecltor{4 e ds �
PA Foyil
Q �r _Con.
= s s and-North Andave'f Wetland,
MassachusettsWetlangs;Protef7ActNI.G.L.,c. 737,:§40'Frot'action Bylaw.
UK17dings (cont)
This Order is valid for three years,unless otherwise specified On this
as a special condition pursuant toY Ganeral Conditions#4, 5th
from the date of issuance. : .,.
January 5, 2000 day of January
Pyre —
MMII -
2000
This Order must be signed by a q*ritTd the conservation
commission.The Order must be mailed by certified mail Year
(return receipt requested)or harm delivered nt.to the applicabefore me personally appeared
A copy also must be mailed or hand deliver ss at the same.
time to the appropriate regional ofiit o,the.Depot hent of Scott Masse
Environmental Protection
to me known to be the person described in and who executed
Signatures: the foregoing instrument and acknowledged that helshe
executed the same as his/her free act and deed,
0 V1.
U � �
'UX/Pudic
December 11, 2003
�Wyccmigr�sronesares
411
This Orderis issued to the applicant as follows:
C] by hand delivery on
ir Z111, OF
ova -
p by(NKaaed mail.M ; on
me
January 6, 2000
Gbte'-
Appeals -
The a licant,the owner,a o `a b 0 tier.' The request shall state-clearly and concisely the objections to
` appealed and how the Order does not
any owner of land abutting .kkrrslrxet ac the`order which�s beingppe
any ten residents ot:the city qf.1 1d is contribute to the protection of the interests identified in the
located,are hereby notified of tr'rt�u kci re ,itis ;; MassachuseMR
tts Wetlands Protection Act(M.G.L c.131,§40
appropriate Department of Ettvu'ortmerual.Pto ' ,'cin i'tegionaI and is inconsistent with the wetlands regulations (310 U
Office to issue a Superseding Order gC Conditions.The request 10.00).To the extent that the Order is based on a municipal
must be made by cerciried mart of hand dsliver*y to the `bylaw,and not on the Massachusetts Wetlands Protection Act
Department,with the appropnato i;4ng des a d a completed or regulations.;the Department of Environmental Protection has
Appendix E:Request for Oepartmental Aci ion fee Transmiaal no appe{late jurisdiction.
Form,as provided in 310 CMR.16.0.i(7i`Within ten,b.lsiness
days from the date of issuance of 0144'd.v A GCpy.9 the - '
request shall at the same time beiedaa #aand
delivery to the ccnsariation commission and to he applicant,
if he/she is not the appellant.
�fa�c.9us2#is Oe gari- t of, vuanrrta/Protection
_
men
6ureau of Rescurtw Pr6tectt4n We lant�s
Witions
; and North Andover Wetlard
Massachusetts wetla�dsProtectrarrActMLG.L, c. 137, Q protection Bylaw.
"32 Recording lnforrnat�or�
This Order of Conditions must be recorded in the Registrj of
Deeds orthe Land Court for the district.i4 which.the land is
located,within the chain of tide of ttte aff�czed pFopemjti�the
case of recorded land.the Final order shall also,he noted in the- -
Registrj's Grantor'Index under tttednlrf)eof•tt�e>4wnei'of the
land subject to the order.In the pse of rigister d,land,'ihis.
Order shall also be noted on the Land Cvuirt.Certlfit;ate.pf fide
of the owner of the land subject to�the ptder•of ddi tditiions.i7
recording information shall be submitted to the
GuaavaianCarmerssran r
on the form below,which must be stamped by the Registry of
Deeds.
Oetach on dotted line and submit tcitheltdnservadian'Ammission.
To:
- t
ionComaosion
Coraarar 1
Please be advised,that the.Order of Conditions for the project
ac
Ao��Locdon , fJfOAdC
has been recorded at the Registry of leds of _ -
C=1
and has been noted in the chain of tale of the affectet P,�operty
inak,•
a
in accordance with the Order ofCo�littgns
Daex .
If recorded land the instrument nunlberlylh'3dertUffeS;thls
transaction is
mar 4Umbe'
Imatr
if registered land,the document number which identifies:this
Uansataion is
�barrz�!lumae
Form 5
J .^ DEP Fila No. l 242-893
(to de rXwKSM by UEV)
Commonwealth C+ry,iown North Andover
of Massachusetts
j .• ? ��_y , aoohcanr Mesiti Development
1
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §411
and under the Town of North Andover's Bylaw Chapter -178
From NORTH ANDOVER CONSERVATION COWNUSSION
1. David White
To Mesiti Development 2. Moores Fall Corp.
(Name of Applicant) (Name of property owner)
11 Old Boston Road 1. 58 Balmoral St, Andover, MA 01810
Tewksbury, MA 01876 2. 572 Main St #12 Melrose, MA 01276
Address Address
This Order is issued and delivered as follows
17 by hand delivery to applicant or representative an (date)
February 12, 199$
by certified mad, return receipt requested on (dale)
This project is located at Route 114 Salem Turnpike
The property is recorded at the Registry of Nnrrl,P rr1 r•SGnX _
Book PL #11028 Page
Certificate•(if registered)
The Notice of intent for this project was filed on November 18, 1997 (date)
January 21, 1998
The public hearing was closed on (date)
'Findings
The North Andover Conservation Commission has reviev-red the above-referenced notice of
Intent and plans and has held a public hearing on (he project. Based an the information a"ailacle Ic [tie
NACCat this time, the has determined that
the area on which the procosed work is to be dcrie is significant tolhe foltowinc interests in occara"lnce v.ith
the Presumptions of Significa hce g fo in the re ulanons for each Area Subject to Protection Under Ifie
. 1�8 Recreation
Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178�llrl Wildlife
Pubii�,water supply Flood control ❑,/ Land containing shst�
water supply Storm damage prevention td� Fisheries
Private p 9
p Y
Ground water supply Prevention of pollution Protection of wildlife habitat
Total Filing Fee Submitted $250.00 State Share $112.50
City/Town Share $137.50 (!% !ee in r�x.cr.ss of :,?5)
Total Refund Due S City(Town Portion S State Portion S —
(1/z total) (Yz total)
DEP FILE # 242 - 893
FINDINGS OF FACT
I. Overview:
The applicant filed a Notice of Intent with the North Andover Conservation
Commission (NACC) on November 18, 1997, an initial public hearing was held
within the 21 day time requirement(December 3, 1997) and was posted
appropriately in the North Andover Citizen. As agreed upon by all parties this
agenda item was then continued until the January 7th, 1998 public hearing and
again to the January 21st, 1998 hearing. The wetland delineation depicted on the
plan of record was approved in the field by the Conservation Administrator and
accepted by the NACC. On behalf of the NACC, the Conservation
Administrator performed a site inspection on two (2) occasions in order to
sufficiently and adequately review the applicant's proposal. The public hearing
was closed on January 21, 1998 (VOTE 4-0-0) and this decision was rendered and
issued within the 21 day time requirement.
II. Massachusetts Wetland Protection Act(310 CMR 10.00):
The Act sets forth a public review and decision making process by which
activities affecting Areas Subject to Protection are to be regulated in order to
contribute to the following interests:
➢ Protection of public and private water supply
➢ Protection of ground water supply
➢ Flood control
➢ Storm damage prevention
➢ Prevention of pollution
➢ Protection of fisheries
➢ Protection of wildlife habitat
The following inland resource areas are regulated in the Town of North
Andover and are subject to protection under 310 CMR 10.00:
➢ Land Under Water
➢ Bank
➢ Riverfront Area
➢ Bordering Land Subject to Flooding
➢ Bordering Vegetated Wetland
g
➢ Isolated Land Subject to Flooding
CAWinword\000\242-893.doc 1 NACC 2/12/98
DEP FILE #242 - 893
III. North Andover Wetland ByLaw &Regulations (C.178 of the Code of
North Andover):
Areas subject to protection under the ByLaw differ from those protected under
the Act in that additional areas are regulated. The additional areas subject to
protection under the ByLaw include:
➢ The buffer zone;
➢ smaller ponds;
vernal pools,
➢ and certain freshwater wetlands that may not meet the definition of a
Bordering Vegetated Wetland under the Act.
Furthermore, the following additional interests are recognized:
➢ Recreation
➢ Prevention of Erosion&Sedimentation
A Wildlife.
IV. Proposed Work:
Scope:
Through this Notice of Intent the applicant has proposed construction of a three
(3) mile sewer force main and two (2) pumping stations along Route 114. The
purpose of which is to provide municipal sewer to the anticipated 92 lot Forest
View Subdivision (DEP#242-885). Work is limited to the Buffer Zone associated
with a series of Bordering Vegetated Wetlands (BVW) parallel to Route 114. In
addition, the sewer force main will cross over an existing culvert which conveys
Boston Brook beneath Route 114. The sewer force main will again cross a second
existing 48" culvert located near McLay's Florist which conveys runoff to a
perennial stream known as Mosquito Brook. These above mentioned crossings
are subject to the performance standards associated with the Riverfront Area.
By issuance of this decision, the North Andover Conservation Commission
(NACC) is in agreement that work specific to construction of the proposed sewer
line in and of itself is not likely to adversely impact wetland resource areas
within jurisdictional proximity. However, on or about January 7th of this year,
the NACC was made aware of an overflow condition from the"west side sewer
interceptor' which results in a direct, point source discharge of raw waste into a
BVW tangent to the Shawsheen River at the terminus of Glenwood Street in
North Andover. In response to these findings, and with the understanding that
the sewer line proposal before the NACC contributes additional volumes to the
above mentioned "west side sewer interceptor", the Commission requested the
CAWinword\000242-891doc 2 NACC 2/12/98
DEP FILE #242 - 893
following additional information from the applicant during the public hearing
process:
1. Under what storm event does the overflow condition arise from?
2. Where does the overflow occur?
3. What environmental conditions are likely to trigger such an event?
4. Quantify - Approximately, how many gallons of waste discharge into the
Shawsheen River?
5. How long has this situation been known to occur?
6. What is the additional volume contributed by the 3-mile extension?
7. How does this added volume exacerbate the situation?
8. What has the Department of Public Works done to address the situation?
9. How much money is contributed by the developer through the"I/I
program'?
In response to these inquiries, a memorandum dated 1/16/98 was prepared by
the applicants representative, Mr. Ken Bohlin of Camp Dresser& McKee, Inc.
In this document Mr. Bohlin surmises that"the last overflow (at Glenwood
Street) occurred during the 48 hour 200 year storm event of October 1996." To
continue, "there will be no I/I(inflow and infiltration) contributed to the
problem by the Forest View Estates project because pipes and manholes to be
installed will be constructed with modern construction materials and will not
leak over time ... when the project is completed the increased flow of all 92
houses will contribute an estimated 0.5% of the peak flow of 6.1 MGD which
occurred in 10/96...
By issuance of this decision it is the opinion of the NACC that the data submitted
by the applicant's representative in the above mentioned 1/16/98 memorandum
is flawed for the reasons set forth below:
1. The analysis �and subsequent assumptions associated with the volumetric
calculations fail to take into account the many anticipated and known
"tie-ins" specifically (cited in the CDM memorandum dated 1/16/98) to
the 3-mile sewer line which are in addition to the 92 lots proposed for the
Forest View Subdivision (DEP #242-885). As such, the estimated
increased flow calculation through infiltration and inflow of 0.5% is not
accurate and therefore not representative of the anticipated impact to the
BVW and Riverfront Area associated with the Shawsheen River at
Glenwood Street. The applicant has failed to demonstrate that the sewer
line design proposed under this Notice of Intent will not exacerbate the
current situation.
2. Referencing the October 1996 storm as a "48 hour 200 year storm event"
and utilizing this assumed recurrence interval as a baseline in which to
CAWinword\00C\242-893.doe 3 NACC 2/12/98
DEP FILE # 242 - 893
judge sewer overflows at the"west side sewer interceptor" is incorrect.
Engineering data justifying such an assumption was not submitted to the
Commission for review and therefore this statement remains inconclusive.
A"Special Flood Report for October 20-24, 1996" prepared by the U.S.
Geological Survey (USGS)and utilized in past decisions by the NACC
indicates that select locations throughout the Shawsheen River were
impacted by a 70-year storm event. Past permit applications reviewed by
the NACC1 and each applicable Order of Conditions also reference a
storm event in this range but not greater than a 100-year event. With this
fact in mind, the applicant's representative is thus incorrect to imply that
an overflow condition at Glenwood Street has a less than 1% chance of
occurring in any given year under a 200-year storm event. Based on these
findings the Commission disagrees with the applicant's assumptions and
finds that there exists at least a 50% probability that an overflow condition
occurs in any given year at the terminus of Glenwood Street.
PERFORMANCE STANDARD No Significant Adverse Impact:
The sewer design proposal and supporting calculations submitted to the NACC
as part of the public hearing process are flawed; as a result additional volumes
contributed from this 3-mile sewer line into the"west side sewer interceptor"
will adversely impact the Bordering Vegetated Wetland and Riverfront Area
tangent to the Shawsheen River at Glenwood Street. The ability of these
resource areas to provide the following functions presumed significant under the
Act and local ByLaw will be impaired:
1. Protection of public and private water supply
2. Protection of ground water supply
3. Flood control
4. Storm damage prevention
5. Prevention of pollution
6. Protection of fisheries
7. Protection of wildlife habitat
8. Recreation
9. Prevention of Erosion&Sedimentation
10. Wildlife.
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
' (DEP#242-816&DEP#242-792)
CAWinword\000\242-893.doc 4 NACC 2/12/98
DEP FILE #242 - 893
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. However, the NACC, agent of the NACC or the Department of
Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times, until a Certificate of Compliance is issued,
to evaluate compliance with this Order of Conditions, the Act, the North
Andover Wetland ByLaw and Regulations, 310 CMR 10.00, and may require
any information, measurements, photographs, observations, and/or
materials, or may require the submittal of any data or information deemed
necessary by the NACC for that evaluation. Further, work shall be halted on
the site if the NACC,agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the
NACC is satisfied that the work will comply, and has so notified the
applicant in writing.
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. The NACC reserves the right to amend this Order of Conditions after a
legally advertised public hearing if plans or circumstances are changed or if
new conditions or information is so warrant.
7. Where the Department of Environmental Protection(DEP) is requested to
make a determination and to issue a Superseding Order, the Conservation
CAWinword\00C\242-893.doc 5 NACC 2/12/98
DEP FILE #242 - 893
Commission shall be a party to all agency proceedings and hearings before
the Department.
8. 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. These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
9. The term "Applicant' as used in this Order of Conditions shall refer to the
owner, any successor in interest or successor in control of the property
referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The NACC shall be notified in writing within 30 days of all
transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
10. The proposed work includes: Construction of a three(3)mile sewer force main and
two (2)pumping stations along Route 114. The purpose of which is to provide municipal
sewer to the anticipated 92 lot Forest View Subdivision(DEP#242-885). Work is limited
to the Buffer Zone associated with a series of Bordering Vegetated Wetlands(BVW)
parallel to Route 114. In addition,the sewer force main will cross over an existing culvert
which conveys Boston Brook beneath Route 114. The sewer force main will again cross
under an existing 48"culvert located near McLay's Florist which conveys runoff to a
perennial stream known as Mosquito Brook.
CAWinword\00C\242-893.doc 6 NACC 2/12/98
DEP FILE #242 - 893
11. The work shall conform to the following(except as noted in the remainder of
this document where revisions may be required):
Notice of Intent 'le
ft d by: MHF Design Consultants,Inc.
DATED December 1997
Plans prepared by: Camp Dresser&McKee,Inc.
Entitled"Route 114 Sewer Force Main&Pumping
Stations"
Sheets 1 through 23
DATED 12/2 P7
Correspondence
prepared by: Camp Dresser&McKee,Inc.
DATED 1/5/98
Camp Dresser&McKee,Inc.
DATED 1/16/98
12. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW) and the Riverfront
Area. 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.
13. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated referenced herein. 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.
14. 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(50') No-Construction
Zone shall be established from the edge of the adjacent wetland resource area
except where otherwise depicted on the plans approved and referenced
herein. 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).
C:\Winword\OOC\242-893.doc 7 NACC 2/12/98
DEP FILE #242 - 893
15. This document shall be included in all construction contracts, subcontracts,
and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors, and other personnel performing the permitting
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order resulting
from failure to comply with its conditions.
16. The owners of the project and their successors in title, in the event they
proceed to alter areas subject to the Commissions jurisdiction under the
order, agree that the Order does not in itself impose upon the Town any
responsibility to maintain the proposed drainage system and that said Town
shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on
this property pursuant to the Order. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
to flooding, storm damage or any other form of water damage. Maintenance
of the drainage system, if accepted by the Town as part of a public way,
becomes the responsibility of the Town.
17. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
18. 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.
19. 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
CAWinword\00C\242-893.doe 8 NACC 2/12/98
DEP FILE #242 - 893
prior to commencement of the work. Any Order not recorded by the
applicant before work commences may be recorded by the NACC at the
applicant's expense.
20. Three (3) signs shall be displayed at one mile intervals adjacent to the
project not less than two square feet or more than three square feet in size
bearing the words "Massachusetts Department of Environmental
Protection, File Number 242-893."
21. 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.
22. It is the responsibility of the applicant, owner, and/or successor(s) to ensure
that all conditions of this Order of Conditions are complied with. The project
engineer and contractors are to be provided with a copy of this Order of
Conditions and referenced documents before commencement of
construction.
23. Prior to any work on-site the applicant shall submit to the NACC for
approval a sequencing plan for construction and erosion and sedimentation
control with supporting plans and details as appropriate.
24.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. The proposed limit
of work shall be shall be clearly marked with stakes or flags and shall be
confirmed by the NACC. Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete.
Workers should be informed that no use of machinery, storage of machinery
or materials, stockpiling of soil, or construction activity is to occur beyond
this line at an time. All flags used for the above purposes shall be of a color
Y g
different from other flagging used on the site.
CAWinword\00C\242-893.dce 9 NACC 2/12/98
DEP FILE #242 - 893
25. 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. The NACC
reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site.
For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions.
Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
26. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of seventy five (75) 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.
27. A check payable to the Town of North Andover shall be provided in the
amount of$10,000 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 through the NACC 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.
28. The applicant shall designate a professional Wetland Scientist as an
"Erosion Control Monitor" to oversee any emergency placement of controls
and regular inspection or replacement of sedimentation control devices. The
name and phone number of the erosion control monitor must be provided to
the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This
person shall be given the authority to stop construction for erosion control
purposes. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products.
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DEP FILE # 242 - 893
Cleaning shall include removal of any entrapped silt. At least once during
each week in which construction activities occurs on-site and for as long
thereafter as ground remains unstabilized, the applicant shall submit a
written report from the erosion control monitor to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,
all work is being performed in compliance with this Order of Conditions.
The erosion control monitor must visually inspect all sedimentation/erosion
control measures and assume responsibility for their maintenance on a
weekly basis and that they are functioning as intended. In addition, all
wetland resource areas must be visually inspected for siltation, turbidity,
and/or other water quality impacts.
29. The applicant shall submit to the NACC for review and subsequent approval
a copy of the anticipated "Sewer Extension Permit" (314 CMR 7.00) from the
Department of Environmental Protection.
30. The applicant shall be required to perform mitigation on the existing portion
of the sewer system known as the"west side sewer interceptor" to the extent
that such mitigation shall reduce the amount of inflow and infiltration to a
quantity not less than 2x's the design flow of the pump station proposed
under this Notice of Intent. Necessary work within the jurisdictional buffer
zone defined under the Act and local ByLaw may require additional filings
with the NACC.
31. The applicant shall submit to the NACC specific locations and methods of I/I
mitigation measures specifically required by the NADPW in accordance with
the I/I study prepared by the Town's sanitary sewer consultant.
32. The Method of and agreements to reach the above referenced mitigation shall
be the responsibility of the applicant to reach with the Town of North
Andover through the NACC, Department of Public Works and the Town
Manager.
33. Evidence of the reduction in flow to the extent stipulated in Condition #32
above shall be provided by the applicant and/or his/her representative to
the NACC for review and subsequent approval. Said evidence shall be based
on a measure of flows comparing pre-, mid-, and post-inflow and infiltration
rates.
34. Once these above mentioned pre-construction requirements are complete,
the applicant shall contact the Conservation Office prior to site preparation
or construction and shall arrange anon-site conference with an NACC
representative,the contractor,the engineer,wetland scientist and the
applicant to ensure that all of the Conditions of this Order are understood.
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DEP FILE # 242 - 893
This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all
contractors, subcontractors and other personnel performing the permitted
work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. 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. A reasonable period of time shall be provided
as notice of the pre-construction.meeting (e.g. 72 hours).
DURING CONSTRUCTION 3
35. 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.
36. The sewer lines on the site, where they cross wetland resource areas, shall be
tested for water tightness in accordance with North Andover DPW
standards.
37. Approved de-watering activities anticipated throughout the 3-mile work area
shall be supervised and witnessed by the designated erosion control monitor.
De-watering activities shall be conducted as shown on the approved plans
and shall be monitored daily by the erosion control monitor to ensure that
sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an
area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland ByLaw. If emergency de-watering requirements arise, the
applicant shall submit a contingency plan to the Commission for approval
which provides for the pumped water to be contained in a settling basin, to
reduce turbidity prior to discharge into a resource area.
38. 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.
39. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
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DEP FILE #242 - 893
40. No re-grading 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.
41. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
42.Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
43. 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
suchspent construction materials off-site. However, no trash dumpsters
will be allowed within 50' of areas subject toprotection under the Act or
local ByLaw.
44. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
45. 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
46. 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 looming and seeding according to SCS standards. If
the latter course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
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DEP FILE #242 - 893
47. Upon completion of the project,the applicant shall submit the following to
the Conservation Commission as part of a request for a Certificate of
Compliance:
a. A letter from the applicant requesting a Certificate of Compliance.
b. The name and address of the current landowner.
c. The name and address of the individual/trust or corporation to whom
the compliance is to be granted.
d. The street address and assessor's map/parcel number for the project.
e. The DEP file number.
f. A written statement from a Registered Professional Civil Engineer of
the Commonwealth certifying that the work has been conducted as
shown on the plan(s) and documents referenced above, and as
conditioned by the Commission.
g. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer the Commonwealth, for the public record.
This plan will include:
➢ "As-Built" post-development elevations of all drainage&
stormwater management structures constructed within 100 feet
of any wetland resource area.
➢ "As-Built" post-development elevations and grades of all filled
or altered wetland resource areas including the encompassing
buffer zone which is regulated as a wetland under the local
wetland bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems,sewer lines,
additions, fences, sheds, stone walls, pools, retaining walls, and
approved decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes ay disturbance of
soils or vegetation.
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 # 242-893.
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
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DEP FILE #242 - 893
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.
CAWinword\OOC\242-893.doc 15 NACC 2/12/98
S
D.-E.,P. -#242-
.. r
242-893
Issued By R ANDJV �'7. Conservation Commission
Signatures) 14,
��-
This Order must be signed by a majority of the Conservation Commission.
On this 11th day of February 1998 before me
personally appeared Joseph W. ync , 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.
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 ten residents at the city or town in which such land is located are hereby notified of their right to request the Department of
Environmental Cuality 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 CMA 10.03(7),within ten days train the dale 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. in accordance with M.G.L.
Chapter 249 S.4
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
To ASIA a811orny
Please be advised that the Order of Conditions for the project at
File Number 242-893 has been recorded at the Registry of Deeds , Northern Essex and
has been noted in the chain of title of the alfected property in accordance with General Condition 8 on --• 19—
It recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identities this transaction is_ ------ --- -- —
Signature Applicant
5-4A