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HomeMy WebLinkAboutMiscellaneous - 128 BRIDGES LANE 4/30/2018 (2)0 ��" 1 a "0 Conservation Special Conditions 128 Bridges Lane 1. Staked haybales backed by trenched silt fence must be established in the approved location prior to any work activity on site. 2. Prior to construction, the applicant shall permanently mark the edge of the approved No- ; } Disturbance Zone with wetland markers placed evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area" (for sale at the Conservation 5 Department). These markers shall be subject to review and approval by the Conservation ' Department. 3. Upon completion of items 1 & 2, the applicant must contact the Conservation Department to arrange a pre-construction meeting prior to the commencement of work. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 4. Upon completion of the work, the applicant must submit a certification letter and an as-built plan stamped by a Professional Engineer. 5. The following condition shall exist in perpetuity (as long as the pool is in place); there shall be no direct or indirect pool discharge down gradient of the pool (along the entire slope to the rear of the property) or within 50' of a protected wetland resource area. I I 0 i I � i i i f 4 i f f i ly i This period is shorter than for an NOI. The same provisions and/or time frames for notice and publication, and appeals apply as for an NOI. The mayor difference is that a formal hearing is not required and the Commission is not legally required to accept input from the applicant or the public. It is, however, good practice to conduct the meeting in the same manner as a hearing to enable the Commission to make an informed decision. If the Commission has a problem meeting the deadline, it may request an extension from the applicant. The Regulations are silent about extensions of meetings on RFDs. However, if the Commission and applicant agree, no one else is likely to complain or appeal. If an RFD is submitted, for example, in winter and the ground is covered with snow,the Commission has only four options: • accept the applicant's delineation without review (unwise) • agree to continue the meeting until spring (select a date when some plants have leafed out or emerged, mid April at the earliest) • in the case of a wooded swamp,rely on visible trees and shrubs and other indicators of wetland hydrology • require an NOI before any work is done on any of the property. 12.8.2 Positive v. Negative Determination In response to a Request for Determination of Applicability the Commission issues either a positive or negative Determination of Applicability. The Commission must act even if little information about the project is provided. Yet the Commission must have sufficient information to make an informed decision. For example, if a Bordering Vegetated Wetland is present but unflagged, or flags are not shown on a map, the boundary should not be approved. The Commission may not be able to determine whether there is a floodplain along a small stream unless the applicant has submitted engineering information. The Commission should rule on what it can and indicate what it can't rule on .and why. Provided the proposed activity is not exempt under the Act, a positive DOA (Form 2) is required if work is proposed in a resource area. This means a Notice of Intent is required. A positive DOA may also be used to establish the boundaries of resource areas or to state that a resource area is present. When a positive DOA is used to delineate wetland boundaries, the Commission should require these boundaries to be flagged and surveyed onto a plan. The Commission should carefully review these boundaries in the field and also examine all portions of the site for resource areas the applicant may have omitted. Keep an eye out for depressions and intermittent streams. If the Commission agrees with the delineation, it should issue a DOA, which references the final site plan by title and date. If areas of the parcel are not included in the delineation, this should be clearly noted. It is important to indicate which resource areas were reviewed under the RFD since the applicant may then use this plan to design a development, seek tax abatements, or proceed with construction in areas not subject to regulation. DEP ruled in an adjudicatory proceeding that a boundary delineation approved in a DOA is final for three years (Pyramid Co. of Holyoke, No. 93-052, Nov. 8, 1993). Small projects in the buffer zone may not have an adverse effect on resource areas if simple erosion control measures are taken. A negative DOA (also Form 2) may be issued with conditions in cases such as this where it is obvious that compliance with simple conditions will protect the resource areas. The standard set out in §10.02 of the Regulations is that the Commission determine whether,in its judgment, the activity in the buffer zone"will alter"the resource area. A conditional negative DOA may be issued by adding on Form 2, after the wording for Negative Box 1 or 2: "provided that the work is completed in compliance with the following conditions ...." The advantage of a negative DOA with conditions is less cost, paperwork, and fewer procedural Environmental Handbook for Massachusetts Conservation Commissioners 143 r - requirements, yet the Commission retains the right to require an NOI if the conditions are not followed. Disadvantages include the fact that no DEP file number is issued no sign is required,g g q , no record is kept in the Registry, and there is no method of certifying compliance. The Commission takes a risk when a negative DOA is issued and should weigh the decision carefully. Negative Determinations with conditions should be issued very cautiously. Generally, if there are more than two or three conditions, a positive DOA should be issued and an NOI required. It is hard for a Commission to go to a judge for enforcement when it has already said a permit is not required and therefore it has no jurisdiction. A majority of the Commission is required to vote and sign a DOA. It is important that the appropriate boxes be checked and an explanation added when issuing either a positive or negative Determination of Applicability. A DOA is valid for three years except when made in association with the Department of Food and Agriculture's rights of way management regulations regarding herbicide applications. These are good for the five-year life of a Vegetation Management Plan. No extension is provided for in those regulations. A controversial provision of the Wetlands Regulations allows work to proceed during the appeal period following a negative Superseding DOA issued by DEP in cases where the Commission's DOA is appealed. (This does not apply to appeals of the Commission's DOA.) Work is done at the applicant's risk. DEP has a self-imposed deadline of 35 days to act on appeals of DOAs. DEP site inspections in these cases are optional. 12.9 Permit Requests ' 12.9.1 Notices of Intent Generally, a full Notice of Intent (NOI) with detailed plans and engineering calculations is needed for any work in a resource area, and also for buffer zone projects (i.e., within 100 feet of a resource area) which are large or near the resource area. Abbreviated NOIs are discussed in HB §12.9.3. Applicants may file an NOI directly and generally do so if they are working with professional engineers or other consultants. If, however, an applicant doesn't know what a resource area is, let alone where its boundaries are, or whether the project proposed is subject to regulation, then an RFD may be filed first. This is essentially asking the Commission for advice as to how to proceed, e.g., determining whether the work is in an area subject to jurisdiction. Any person who is proposing work in a resource area must file with the Commission and receive a permit (Order of Conditions or OOC) before the project is begun. The purpose of a Notice of Intent is to provide the Commission with information to determine whether the project should go forward, i.e. whether it can be conditioned to prevent adverse impact on resource areas identified in the Act. Notices of Intent are covered in 310 CMR, 10.05(4). The applicant must provide both the Commission and DEP with two copies of the NOI (Form 3) along with plans, calculations, and maps and must submit the appropriate filing fee. If the project is proposed within the estimated habitat of a rare wetlands wildlife species a copy of the completed application must be sent simultaneously (or sooner) to the Natural Heritage and Endangered Species Program (NHESP; HB §12.22). This requirement applies to animal species with an estimated habitat at the project site included in NHESP's Atlas of Estimated Habitats of State-listed Rare Wetlands Wildlife. Notification of abutters is required at the time a Notice of Intent is filed (see HB §12.9.2). The Commission must hold a public hearing within 21 days of receiving an NOI which meets the 144 Environmental Handbook for Massachusetts Conservation Commissioners •• r',, .�, a '#_ — ' t . Ir R, L ` .• - - •. a �• 10 41 �: � - -, .i ,'�,�. ray t- - ' i.'al • ^^•' • ,:•.--, `} j r f—P gf f a EL. VATiQN' + a Top F to t '.F i. SQ{A� :Q? ' 3T KE i Z 3 ' UP-05(k INLEt '0-6'>.�G_ Nl..a:T WLET *3 INLET DSPOSA �. SYSTS' ;J` GNNE-R YC0M\'S'l'RUCTlQN CORP a t fLOCATION LOT PBRIDGESLME r t _ - DAA 12-1--83 SCALE 1=40. t+ PIASTAi Ry LY ;"Ssocc 11 cJ,P--';'0'. D i t 'NOTE-FIELD G' G ' X- 81 A (4A9oolpl ,NoM.fko l,prs. - � Q�t 4Qi-jl0NS Et4ij"1TE ' � t:.1i 1 L) Julius Kay, M.D., Chairman ,••"� BORR© OF. HEALTH R. George Caron i.4 r;OR?y��'� NORTH ANDOVER ♦ O; •1G r Edward J. Scanlon aroP MASSACHUSETTS �-,+ hep, V. 11 01845 iI F- AoRIL7T' a` A.}s SACH i TEL. 682-6400 February 16 , 1984 Att . Andrew Caffrey Musgrove Building P.O. Box 481 Andover, MA 01810 s Dear Att . Caffrey: On February 13, 1984 I inspected the subsurface disposal facility for lot 10 Bridges Lane. From my observations , it appears that the disposal system was installed properly and -: ... .__ meets-=I.th state and local regulations pertaining to such systems . This disposal system was designed to service a four bedroom dwelling. Please 'be advised that this letter does not a guarantee that the system will function properly. Very truly you--sem Michael J. Rosati Health Agent SOIL PROFILE & PERCOLATION TEST DATA lz a Z North Andover, Mass. Street No r'/C�Q�'�S' Lot No �Q Loc/Subdiv. // Pland Owner Investigator } /Q Observer a,/Aj-r-�C, SOIL PROFILE DATES 1-El.ev ,�/ 2.Elev 3.Elev 4.Elev 1 0� 0 ,� 0 0 0 d� 1 1 1 1 Ties Pitto s Test 2 2 2 2 31 3 3 3 4 4 4 4 5 5 5 5 Ica 6 6 6 6 7 7 7 8 8 8 8 �� 9 9 9 9 Gar lo 101 10 , 10 10 Benchmark Location Elevation Datum PERCOLATION TESTS DATES q Pit Number 1 2 j 4 Start Saturation 4 Soak-Minutes Sta-Ft Test=T=e10, 10 Drop of 3"-Time to, Drop of 6"-Time Hims.lst 3" drop Mins.2nd " Drop k Percolation Y Board of Health gEPTC SZSTIIi North Anc—bvsrxM4"Bo INSTALLATICK CHECK LISP LOT'j ' l� D E DISUPcRO AVATICN OK FAIL Reaa.onst a., i ` I/ Fin OK 770 1. Distance Tos a. Wetlands ��t, b. Drains / ` , �► 14IMP .000! c Well /,4 tot W� Ler Line Location RIOfAl 3. No PPC Pipe 4. Septic Tank z G a. _Tees -_Length do To Clean Out Covers b. Cement Pipe to Tank On Both Sides of Tank 5. Distribution Box a. Covers & Box - No Cracks b. All Lines Flowing Equal Amounts : c. No Back Flog 6. Leach Field or Trent-An a. Dimensions _ 'b.__Stone_Depth- c. Capped Inds d. Clean Double Washed Stone' 7. Leach Pits a. Dimensions b. Stone Depth c. Splash Pads t d. Teas eo Cement Pipe to Pit - Both Sides f. Clean Double Washed Stone 8. No Garbage Disposal ' 9. Final Grading Inspection 10. Barricading Covered System .71. _. As Built Submitted a. Lot Location f b. Dimensions of System c. Location with Regard-to Pere Test t d. Elevations e: Water Table t address .1.2.E A 4e �. iV Title of File Page of Date File Open: Date file closed: . Doc Document/Action Title Date of Refer to other Purpose of Document/Action and notes action Document/ document/ Num. Action Department Board of Appeals - Board of Health - Planning Board - Conservation Commission - Building Department 130ard'of Health - uc }; Isndover,Yasa \ SUBSURFACE DISPOSAL,DFS GN CHECK LIST -LOT 1_0 8,eipl.�ES APPROVE DATE DISAPPROVED DATE Reasons: Provided. ra, Title V FAIL CK _. 1V 6kOP65 Reg 2.5 The submitted plan must show as a Edl ! - 4existing e lot to be served-area,c�imensions lot #,abutters cation and log deep observation hoes-distance to ties cation and results percolation tests-distance to ties sign calculations & calculations shming required leaching area cation and dimensions of system-including reserve area and praposed contours - cation arq vet areas within 100' of sewage disposal system or disclaimer-check wetlands napping (h) surface and subsurface drains within 100' of sezrage disposal system or disclaimer (i) location ash drainage easements within 100' of stege disposal system or disclairer-Planning Board files J) kno= sources of Eater simply within 200' of serge disposal a system or discla nom' - - -Q ation-of - proposed �,-e11 to serve lot-1001 f3 cm leaching facili' location of water lines on property-10' from leaching facil3 (moi$ location of benchmark drive,,,ays (o arbage disposals _ no PVC to be used in construction 4 t (q) profile of system-elevations of basement, plumb, pipe, septic tank, distribution box inlets and outlets, distribution field piping and 0411-er elevations ,f,a,-i=m ground water elevation in area sewage disposal system S plan roust be prepared by a Professional Ragineer or other professional authorized by law to prepare such plans Reg 6 Septic Tanks a) capacities-150 - of flow, vater table, tees, depth of tees, access, punping b) cleanout c) 14' from cellar wall or ingr-ound s��A- g pool (d) 25' from subsurface drains Reg 10.2 Distribution Boxes a) slope greater than 0.48 Reg 10.4 � 1 b) map4 .04 t't°" � 5A4