HomeMy WebLinkAboutMiscellaneous - 240 CHARLES STREET 4/30/2018 (11)0
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1. Article Addressed to:
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PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
240 Charles Street, North Andover
At the July 9, 2014 public hearing, the North Andover Conservation Commission (NACC) voted to issue a
Negative Determination of Applicability for anaerobic digester upgrades and maintenance at the Greater
Lawrence Sanitary District. The project will conform to the following:
Owner/Applicant: Greater Lawrence Sanitary District
240 Charles Street
North Andover, MA01845
Representative: CDM Smith Inc.
Benjamin Mosher, P.E., BCEE
670 North Commercial Street, Suite 201
Manchester, NH 03101
Record Documents: Request for Determination of Applicability
• WPA Form 1 and supporting materials
Submitted: June 20, 2014
Plans Titled: Anaerobic Digestion Upgrades Phase I
Sheets: G1, C1-C6, & M2
Date: June 2014
Stamped by Benjamin R. Mosher, P.E. on 6/20/14
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
project plans and is aware of the wetland resource areas and the limits of the proposed work.
2. Prior to the start of construction, the contractor will install erosion controls per the Environmental
Protection and Removal Plan (Sheet C-3). Once erosion controls are installed, the contractor will
contact the Conservation Department to schedule a preconstruction meeting to inspect the installed
erosion controls.
1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/N,-lndoverMA_Conservation/index
3. Excess soils or other material shall not be stockpiled within 100' of the resource areas.
4. Per the documents referenced herein, the applicant will submit weekly reports detailing construction
progress and the status of erosion controls and other construction BMPs.
Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
6. Per the documents referenced herein, the Conservation Department willreceive a copy of the As -Built
Plans prepared for the project.
1600 Osgood Street, Suite 2035, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
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A. General Information
From:
North Andover
Conservation Commission
To: Applicant Property Owner (if different from applicant):
Greater Lawrence Sanitary District
Name Name
240 Charles Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Anaerobic Digestion Upgrades Phase 1 June 2014
Title Date
Title
Title
2. Date Request Filed:
June 26. 2014
B. Determination
Date
Date
Zip Code
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Maintenance and upgrades to three anaerobic digesters within the Buffer Zone to Bordering
etated Wetland.
Project Location:
240 Charles Street
Street Address
Map 72
Assessors Map/Plat Number
North Andover
City/Town
Parcel 14 & Lot 0
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 06/13 Page 1 of 5
Massachusetts Department of Environmental Protection
LIBureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination (s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name
Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 08113 Page 2 of 5
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 —Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post -marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See Attached
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc-Determination of Applicability • rev. 08/13 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on E�r by certified mail, return receipt requested on
I11ll L1
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see
http://www mass gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.html) and the property owner (if different from the applicant).
Date
wpaform2.doc • Determination of Applicability • rev. 08113 Page 4 of 5
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.html) to issue a Superseding Determination of Applicability.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc • Determination of Applicability • rev. 08113 Page 5 of 5
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
KLA
return
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
Project Location
Mailing Address
State
Fax Number (if applicable)
City/Town State zip uoae
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town
Phone Number
3. DEP File Number:
B. Instructions
State
Fax Number (if applicable)
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability ($120)
❑ Superseding Order of Resource Area Delineation ($120)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 08113 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-
your-city-or-town. html).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 08113 Page 2 of 2
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30
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Return Receipt Fee
Required)
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(Endorsement
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Restricted Delivery Fee
(Endorsement Required)
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receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an inquiry.
PS Form 3800, January 2001 (Reverse) 102595-02-M-0452
00 -
CONSERVATION DEPARTMENT
Communiq Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Greater Lawrence Sanitary District (GLSD) Solar Collector and Gas Connection
Project
Charles Street, North Andover
At the September 9, 2009 public hearing, the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for the installation of ground-based solar
collectors in two locations at the Waste Water Treatment Plant's (WWTP) owned by GLSD and the
installation of connections to existing gas and waterlines within an existing access road also at the
WWTP. This work will be conducted in the Buffer Zone to Bordering Vegetated Wetland (BVW).
The majority of the work is within existing maintained lawn and field areas.
Applicant: Greater Lawrence Sanitary District
240 Charles Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability (Inc.: WPA Form 1,
NACC Filing Dated: August 28, 2009, Work Description, pages 1
and 2, and site photographs)
Record Plans: Site Plan, Greater Lawrence Sanitary District, Solar Photovoltaic
Systems Contract 2009 —1, Energy Efficiency Upgrade Projects 2009
-2 (1 Sheet)
Dated: August 28, 2009
Pre -Construction
❖ The work authorized hereunder shall be completed by December 31, 2010.
❖ A row of staked hay bales backed by trenched siltation fence (or other approved erosion control)
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. Erosion
controls shall be inspected and approved by the NACC or its agent prior to the start of
construction and shall remain intact until all disturbed areas have been permanently stabilized to
1600 Osgood Street, Bu lding 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.to-,vnofnorthatidover.com/Pages/N-,A-iidoverNLA—Conservation/index
prevent erosion. All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC. Should additional
measures be required by the NACC, they shall be installed within 48 hours of the Commission's
request.
•3 Prior to the start of construction, the applicant shall contact the Conservation Department to
schedule a preconstruction meeting with the applicant and the contractor.
Excess material and construction debris shall be properly disposed of off site and no stockpiled
material shall be stored within the 100 -foot Buffer Zone.
Post Construction
❖ Immediately following completion of the work, any disturbed areas shall be permanently
stabilized against erosion. If weather conditions do not permit the establishment. of vegetative
cover through seeding, jute matting or other stabilization material shall be used.
•3 Once the site is adequately stabilized, the Conservation Department shall be contacted to
conduct a final site inspection.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townof iorthandover.com/Pages/NAndoveriNh-�_Conservation/index
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
ray
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
North Andover
Uonservatlon Commission
To: Applicant Property Owner (if different from applicant):
Greater Lawrence Sanitary District
Name Name
240 Charles Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plan -solar photovoltaic systems and energy efficiency upgrade August 28, 2009
projects. Date
rifle
Title
2. Date Request Filed:
8/2809
B. Determination
Date
Date
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
installation of ground mounted solar array panels and connection to existing gas and water lines
within the Buffer Zone to a Bordering Vegetated Wetland.
Project Location:
240 Charles Street North Andover
Street Address CitylTown
Map 72 Parcel 14
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 1016104 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination (s) islare applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name
Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 1016104 Page 2 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post -marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2doc • Determinalion of Applicability • rev. 10/6104 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
[� by hand delivery on ❑ by certified mail, return receipt requested on
'0//o 7
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see hftp://www.mass.gov/dep/about/region.findyour.htm) and the
property owner (if different from the applicant).
Signatures:
Date
wpaform2.doc • Determination of Applicability • rev. 10/6/04 - Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.gov/dep/about/region.findVour.htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc • Determination of Applicability • rev. 1016((4 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
VQ
reran
Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
Project Location
State
Fax Number (if applicable)
Zip Code
Mailing Address
Cityfrown State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
CityfTown State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/5104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass.aov/dep/about/region/findyour.htm). .
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L� WPA Form 8B — Certificate of Compliance
242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above -referenced
Order of Conditions has been satisfactorily completed.
wpaform 8b.doc • rev. 7/13/04
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above -referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
Page 1 of 4
A. Project Information
Important:
When filling out
1. This Certificate of Compliance is issued to:
forms on the
Greater Lawrence Sanitary District (GLSD)
computer, use
Name
only the tab
key to move
240 Charles Street
your cursor -
Mailing Address
do not use the
North Andover MA
01845
return key.
City/Town State
Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions
issued to:
Greater Lawrence Sanitary District
Name
'
8/25/04; amended 3/2/05 242-1262
Dated DEP File Number
3. The project site is located at:
240 Charles Street North Andover
Street Address City/Town
Map 75 Parcel 3
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Same
Property Owner (if different)
Essex North 9581
157
County Book
Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
11112/07
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above -referenced
Order of Conditions has been satisfactorily completed.
wpaform 8b.doc • rev. 7/13/04
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above -referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
75
C. Authorization
Issued by:
North Andover
Conservation Commission
I �s o
Date Is ance
This Certificate must be signe ajority of the Conservation Commission and a copy sent to the
applicant and appropriat P Regional Office (See Attachment).
Signatures:
wpaform 8b.doc • rev. 7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
/ WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
IU fih
On this Day
Essex North
DEP File Number:
242-1262
Provided by DEP
Of kyvemb-e.^ o'�eo
Month Year
before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of
DONNAMWEDGE
NOTARY PMUC
7's.ALTH bS MASSACHUSETTS
Expires Aug. 7. 2009
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
A
'5 -"MC' W k9—ek
Signature of Notary Public
Dan /+ a. Gtl CD6GC
Printed Name of Notary Public
My C fission xpires (Date)
/ & ,fit -
5 nature of Notary Public
wpaform 8b.doc • rev. 7/13/04 Page 3 of 4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1262
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
240 Charles Street 242-1262
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev. 7/13/04
Page 4 of 4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP Regional Addresses
Massachusett
DEP Central Region
s Wetlands Protection Act M.G.L. c. 131, §40
Charlton
Hopkinton
Mail transmittal forms and DEP payments, payable to:
Rutland
Uxbridge
627 Main Street
Commonwealth of Massachusetts
Clinton
Hubbardston
Millville
Department of Environmental Protection
Warren
Ashby
Box 4062
Hudson
New Braintree
Shrewsbury
Boston, MA 02211
Worcester, MA 01608
Athol
Dudley
DEP Western Region Adams Colrain Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street Agawam Conway Hancock
Montague
Plainfield
Wales
Alford Cummington Hatfield
Monterey
Richmond
Ware
Suite 402 Amherst Dalton Hawley
Montgomery
Rowe
Warwick
Springfield, MA 01103 Ashfield Deerfield Heath
Monson
Russell
Washington
Phone: 413-784-1100 Becket Easthampton Hinsdale
Mount Washington
Sandisfield
Wendell
Belchertown East Longmeadow Holland
New Ashford
Savoy
Westfield
Fax: 413-784-1149 Bernardslon Egremont Holyoke
New Marlborough
Sheffield
Westhampton
Blandford Erving Huntington
New Salem
Shelburne
West Springfield
Brimfield Florida Lanesborough
North Adams
Shutesbury
West Stockbridge
Buckland Gill Lee
Northampton
Southampton
Whately
Charlemont Goshen Lenox
Northfield
South Hadley
Wilbraham
Cheshire Granby Levered
Orange
Southwick
Williamsburg
Chester Granville Leyden
Otis
Springfield
Williamstown
Chestefeld Great Barrington Longmeadow
Palmer
Stockbridge
Windsor
Chicopee Greenfield Ludlow
Pelham
Sunderland
Worthington
Clarksburg Hadley Middlefield
Peru
Tolland
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashburnham
Clinton
Hubbardston
Millville
Shirley
Warren
Ashby
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Worcester, MA 01608
Athol
Dudley
Holliston
Northborough
Southborough
Westborough
Phone: 508-792-7650
Auburn
Dunstable
Lancaster
Northbridge
Southbridge
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
Barre
Fitchburg
Leominster
Oakham
Sterling
Westford
TDD: 508-767-2788
Bellingham
Gardner
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Weymouth
Boxborough
Hardwick
Medway
Phillipston
Townsend
Wilmington
Boylston
Holden
Mendon
Princeton
Tyngsbcrough
Winchester
Brookfield
Hopedale
Milford
Royalston
Upton
Winthrop
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisett
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Lakeville, MA 02347
Avon
Duxbury
Halifax
New Bedford
Rochester
Weill
Phone: 508-946-2700
Barnstable
Eastham
Hanover
North Attleborough
Rockland
West Bridgewater
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Westport
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
TDD: 508-946-2795
Brewster
Edgartown
Kingston
Oak Bluffs
Seekonk
Whitman
Bridgewater
Fairhaven
Lakeville
Orleans
Sharon
Wrentham
Brockton
Fall River
Mansfield
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Marion
Plainville
Stoughton
Weymouth
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Wilmington
Chilmark
Franklin
Mashpee
Plympton
Taunton
Winchester
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Boston, MA 02108
Ashland
Concord
Ipswich
Millis
Revere
Watertown
Phone: 617-654-6500
Bedford
Danvers
Lawrence
Milton
Rockport
Wayland
Fax: 617-556-1049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
Beverly
Dover
Lincoln
Natick
Salem
Wenham
TDD: 617-574-6868
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherborn
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
_ Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
wpaform8b.doc • DEP Addresses • rev. 1116107 -Page 1 of 1
Page 1 of 1
Merrill, Pamela
From: Richard Weare [RWeare@GLSD.org]
Sent: Friday, July 13, 2007 7:28 AM
To: Merrill, Pamela
Subject: Charles Street Granite Installation
Hi Pam:
Last Sunday, as I mentioned to you, the contract came back and seeded the loam in back of the curb. Yesterday I
had them come back to seed a second time and install the hay mulch. There was actually already a little bit of
growth.
I will check the area each week -day as I drive by.
Richard E. Weare
Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
No. Andover, MA 01845
T: 978-685-1612, F: 978-685-7790
7/13/2007
Page 1 of 1
Merrill, Pamela
From: Richard Weare [RWeare@GLSD.org]
Sent: Monday, July 02, 2007 9:59 AM
To: Merrill, Pamela
Subject: Charles Street Curb Work
The contractor installed today the silt fence that you requested from the drainage swale to the catch basin. You
wanted this silt fence installed as a barrier to the work where the drainage swale is being relocated. As he
indicated, he will be using a 2 foot wide backhoe bucket to make this drainage swale. I also had him install some
hay bales around that side of the catchbasin.
This same excavator bucket will be used to dig for the installation of the curb.
He will be starting the work tomorrow and stated that he should be finished tomorrow.
Richard E. Weare
Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
No. Andover, MA 01845
T: 978-685-1612, F: 978-685-7790
7/3/2007
NORTH ANDOVER CONSERVATION COMMISSION
SITE INSPECTION SHEET
DEP File # - Date:—ZLIA
oes not have permit with the NACC Weather: Q
Site Address: --!Q, 04/k 2
��Z
Inspector: Rf l U M ( 0
Agent/ Representative /Owner: —
Al
Findings:
MIR
S
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the North Andover Conservation Commission May 10, 2007
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor -
do not use the Greater Lawrence Sanitary District
return key. Name of Violator
240 Charles Street, North Andover, MA
Address
1. Location of Violation:
Town of North Andover
Property Owner (if different)
Charles Street Roadway
Street Address
North Andover 01845
Cityfrown Zip Code
Map 72 Roadway
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
This amended enforcement order will supersede the original enforcement order, dated August 31,
2005 since the scope of work has been modified. The work consists of installing granite curbing and
resurfacing Charles Street to improve current drainage problems. Please refer to the attached letter
prepared by the North Andover Conservation Department, dated May 10, 2007 for additional
information and mandated conditions.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
wpaform9a.doc - rev. 7/14/04 Pagel of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
DEP File Number:
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before
for the following:
Date
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev. 7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
❑ The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Pamela Merrill, Conservation Associate or Alison McKay, Conservation Administrator
Name
978.688.9530
Phone Number
Monday - Friday 8:30am to 4:30pm
Hours/Days Available
Issued by:
North Andover Conservation Commission
Conservation Commission
wpoform9a.doc - rev. 7/14/04 Page 3 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
8vd & I(VW4
Signature of delivery person or certified mail number
wpaform9a.doc - rev. 7/14/04 Page 4 of 4
CONSERVATION DEPARTMENT
Community Development Division
May 10, 2007
Mr. Richard Weare
Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
North Andover, MA 01845
RE: AMENDED ENFORCEMENT ORDER- 240 Charles Street, North Andover
Dear Mr. Weare,
As you know, the North Andover Conservation Commission (NACC) issued an enforcement order
in August 2005 to allow drainage maintenance within the Buffer Zone to a jurisdictional wetland
resource area along Charles Street. The work consisted of excavating a 3 -foot wide drainage ditch
upgradient from the Bordering Vegetated Wetland (BVW), in addition to installing a bituminous
curb along Charles Street to facilitate the stormwater and repaving the road. Recently, you had
informed this department that the work never started due to budget restraints. Furthermore, the
project has been modified to eliminate creation of the drainage ditch. You are now proposing to
install 210' of granite curbing along Charles Street and subsequently overlay the road.
As such, this amended enforcement order is being issued to you as a mechanism to perform work
within the Buffer Zone. Additionally, this amended enforcement order shall supersede the original
enforcement order date August 31, 2005. The NACC is hereby imposing the conditions listed
below:
Prior to the commencement of any work, the Conservation Department shall be contacted to
discuss the need for erosion control. An onsite meeting shall be scheduled to locate the erosion
control line. A follow up inspection shall be conducted to ensure the erosion control has been
installed properly.
De -watering activities anticipated shall be supervised and witnessed by a representative
from the Conservation Department. This representative must be on-site while work
specific to de -watering activities are occurring and until complete. Activities shall be
monitored daily 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 under the MA Wetlands Protection Act and / or the North Andover Wetlands
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
Bylaw. If emergency de -watering requirements arise, a contingency plan to the Commission for
approval, which provides for the pumped water to be contained in a settling tank or basin, to
reduce turbidity prior to discharge into a resource area.
There shall be no stockpiling of soil or other materials outside the approved erosion control line
❖ All disturbed areas shall be immediately loamed and seeded for permanent stabilization. If
necessary, the loam and seed shall be covered with hay mulch.
❖ Upon approval by Conservation Staff and site stabilization, the erosion controls shall be
removed and properly disposed of. All exposed areas underneath the erosion control shall be
seeded for permanent stabilization.
The installation of the 210' of curbing shall be completed by no later than July 31, 2007.
This amended enforcement order has been issued to remedy the existing stormwater problem and to
alleviate the hazardous road conditions during the winter months. Failure to adhere to the above-
mentioned items and / or deadline dates, or if this department is not satisfied with any portion of
work that has been done will result in enforcement action.
Should you have any question or comments regarding the contents of this letter, please do not
hesitate to contact the undersigned at 978.688.9530 at your earliest convenience. Thanking you
in advance for your anticipated cooperation with this matter.
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
Pamela A. Merrill
Conservation Associate
Enc: Amended Enforcement Order Form
Cc: Alison McKay, Conservation Administrator
Department of Environmental Protection, NERO Wetlands Division
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.towrlofnorthandover.com/Pages/NAndoverN A_Conservadon/index
Page 1 of 1
McKay, Alison
From: Richard Weare [RWeare@GLSD.org]
Sent: Tuesday, May 01, 2007 11:46 AM
To: McKay, Alison
Cc: RHogan
Subject: Charles Street Drainage Repair
Hi Alison:
On August 31, 2005, you issued to GLSD an enforcement order for maintenance of drainage on Charles Street.
We were planning to install a 3 foot wide drainage ditch with a bituminous curb along the wetlands adjacent to
that section of Charles Street.
You may remember that the last time we spoke that I mentioned to you there was a budget problem for this work
and the work has not been accomplished.
The approach now has slightly changed and instead of excavating a drainage ditch, we will be installing granite
curb along this section of Charles Street. The curb will be located along the existing edge of pavement and all
work will stay within the 3 feet work zone behind the existing edge of pavement, that we previously discussed.
We are in the process of preparing a bid document for installation of the granite curb. The bid document indicates
that work is to be completed sometime between June and the middle of July 2007.
If you have any further questions, feel free to contact me.
Thanks
Richard E. Weare
Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
No. Andover, MA 01845
T: 978-685-1612, F: 978-685-7790
cd (d c -/'i 167
5/1/2007
Merrill, Pamela
From: scoff [ScottMasse@nextel.blackberry.net]
Sent: Wednesday, May 09, 2007 5:56 PM
To: Merrill, Pamela
Subject: Re: GLSD Curb Work
Hi. Amend the EO and get it done no ratification. Cane you fax or email
me the letter you and Lncoln sent to Laudani recently. Thanks
B1ackBerry service provided by Nextel
-----Original Message -----
From: "Merrill, Pamela" <pmertM@townofnorthandover.com>
Date: Wed, 9 May 2007 10:30:38
To:"Scott Masse \(E-mail 2\)" <ScottMasse@nextel.blackberry.net>
Subject: FW: GLSD Curb Work
Hi Scott,
I was going to call you to discuss, but thought the email would be
easier for you.
Alison asked me to discuss this with you. Apparently in 2005 you allowed
Alison to send an EO to GLSD to perform work in the BZ for drainage
purposes on Charles Street. The work included digging out a 3' wide
drainage ditch with a bituminous curb along the wetland on Charles
Street. However, due to budget restrictions the project never moved
forward. Now Richard Weare is ready to do the work with some changes,
most importantly they will not need to dig the drainage ditch, rather
install a granite curb to facilitate the stormwater and overlay the
road. Alison told Richard that she would need to speak with you
about writing an amended EO to allow the work. What are your thoughts?
For more detail, pls read Richard's email below
Thanks!
Pam
-----Original Message -----
From: McKay, Alison
Sent: Wednesday, May 09, 2007 9:29 AM
To: Merrill, Pamela
Subject: FW: GLSD Curb Work
FYI - Please print out for the file and more info to discuss with Scott
Thanks
-----Original Message -----
From: Richard Weare [mailto:RWeare@GLSD.org]
Sent: Wednesday, May 09, 2007 8:07 AM
Richard E. Weare
Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
No. Andover, MA 01845
T: 978-685-1612, F: 978-685-7790
L,
LAWRENCE
THOMAS CONNORS
PAUL D. LAMBERT
FRANK McCANN
METHUEN
MICHAEL J. COSTA
CHARLES E THOMPSON
GREATER LAWRENCE SANITARY DISTRICT
RICHARD S. HOGAN, EXECUTIVE DIRECTOR
RECEIVED
Alison McKay
Town of North Andover
Community Development & Services
Conservation Department
400 Osgood Street
North Andover, MA 01845
OCT 1 1 2005 td
NORTH ANDOVER
CONSERVATION COMMISSION
October 7, 2005
RE: Greater Lawrence Sanitary District
Maintenance of Drainage Swale on Charles Street
Dear Ms. McKay:
ANDOVER
JOHN A. PETKUS Jr.
NORTH ANDOVER
LEONARD J. DEGNAN
SALEM, N.H.
EVERETT McBRIDE
TREASURER
JOHN A. PETKUS Jr.
In regards to subject maintenance work and your Enforcement Letter dated August 31, 2005,
we offer the following updated information:
1. A site visit was attended by yourself on September 15, 2005, where you approved the
"stack -out" of the width and length of drainage swale to be regraded.
2. The drainage swale will be regarded on either October 13 or 14, 2005 as we discussed
today. The contractor has been directed to install the hay mat blanket immediately after
grading is completed.
As you requested in your August 31, 2005 letter, we will contact you upon completion of the
work. If you require any further information, please feel free to contact me at the District's
offices.
Sincerely,
GREATEP, LAWRENCE SANITARY DISTRICT
I—
-*.I- JI..- J � 9^_O_e4�
ichard E. Bare
Capital Projects Manager
240 CHARLES STREET • NORTH ANDOVER, MASS. 01845-1649 • TEL: 978-685-1612 FAX: 978-685-7790
Town of North Andover °t NORTp
Office of the Conservation Department
F 9
Community Development and Services Division
27 Charles Street SSacHuse
North Andover, Massachusetts 01.845
Alison McKay Telephone (978) 688-9530
Conservation Administrator Fax (978) 688-9542
August 31, 2005
Richard Weare, Capital Projects Manager
Greater Lawrence Sanitary District
240 Charles Street
North Andover, MA 01845
RE: ENFORCEMENT ORDER - Maintenance of Drainage at Charles Street
Dear Mr. Weare,
The Conservation Department has reviewed your letter dated August 4, 2005 regarding safety
concerns on Charles Street opposite the property owned by Charles Mathias. Your letter states that
surface waters flow from the Mathias property over the paved roadway causing severe icing
conditions over the winter months and that during freezing weather the road must be scraped
daily to keep the road passable. This condition is a hazard caused by the improper functionality of
the existing drainage features in the noted location. Further, it is acknowledged that this road is
used daily by septic haulers and large chemical trucks, which would pose a significant risk to
public health should an accident occur wherein the trucks contents were released. I have
conducted several site inspections with you and have witnessed the drainage problems in the area
and would agree that the there is a real safety issue in this location.
As you are aware, the Mathias property directly abutting the roadway is a jurisdictional resource
area, specifically a wet meadow. Any work within 100 feet of this jurisdictional resource area
would normally require a filing with the North Andover Conservation Commission (NACC).
However, due to the severity of the problem and the minimal maintenance required to correct the
problem, the NACC will allow the requested maintenance of the drainage features in this location
through the attached Enforcement Order.
In as such, all work must be conducted in accordance with the maintenance items as outlined in
the submitted letter and attached plan. In addition, the following conditions must be adhered to as
required under this Enforcement Order:
➢ Prior to the commencement of any work activities, the Conservation Department shall be
contacted for a pre -construction meeting to review the scope of work and the required
conditions as mandated under this Enforcement Order.
➢ Maintenance activities shall be limited to items 1-3 as specified in the letter dated August 4,
2005 (attached herein). The Conservation Department shall be contacted immediately if at any
time the proposed scope of work differs from what is described.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
➢ It is anticipated that the work will be conducted over a short period. All work shall be
completed within 4 consecutive business days. No work shall be allowed beyond this time
frame unless otherwise approved by the NACC. Further, all work shall be completed by no
later than October 7, 2005.
➢ For the purposes of this work, no Equipment shall be staged overnight within 100 -feet of any
resource areas.
➢ Any excavated soil materials shall be immediately removed to a location away from any
resource area and/or properly disposed of to an off site location.
➢ All disturbed areas shall be immediately stabilized with seed or hay mulch.
➢ Any erosion controls installed must be maintained and remain in place until all disturbed areas
have been adequately stabilized.
➢ Upon completion of work activities, the Conservation Department shall be contacted for a final
site inspection.
Failure to comply with this Order and the deadlines referenced herein will result in the issuance of
additional penalties. Any violations to this Enforcement Order as documented herein are subject
to no more than a $100 per day penalty' until such time as the Enforcement Order is fully
complied with. Each day or portion thereof during which any violation continues shall constitute
a separate offense.
The Conservation Department reserves the right to take additional action in the future should this
Enforcement Order not be complied with retroactive from the date we were first made aware of
the violations. This Enforcement Order shall become effective upon receipt.
Please feel free to contact me or my Associate, Pamela Merrill, should you have any further
questions or concerns in this regard.
Thank you in advance for your anticipated cooperation.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
xt�� �- AZI
Alison E. McKay
Conservation Administrator
Cc: Richard Hogan, GLSD Executive Director
Ray Santilli, Interim Community Development Director
MA Department of Environmental Protection, NERO- Wetlands Division
NACC
f; If-
' In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection
ByLaw (REV May 1993/ REV October 1998)
Alison McKay
Town of North Andover
Community Development & Services
August 4, 2005
Page 2
It should be noted that Charles Street is used daily by septage haulers bringing loads of
septage to the GLSD for treatment. In addition, large chemical delivery trucks also use
Charles Street. An accident involving one of these trucks would pose a substantial risk
of a release of the truck's contents.
Because of this safety issue, the District is proposing the following maintenance work:
1. Redefine the drainage swale alongside the paved roadway, so that water can
be diverted to a different existing catch basin located approximately 30 feet
south of the Matson property. The existing drainage swale would be cleaned
to approximately 3 feet wide with a depth below the paved surface of 3
inches. A hay mat blanket is proposed to be installed in the redefined
drainage swale for erosion control and to help promote adequate grass
growth.
2. Repave a section of the roadway that has deteriorated due to damage from
water flowing over the pavement and mechanical ice removal in the winter.
3. Install a bituminous curb at the edge of the paved roadway to reduce the
water draining off the property onto the road and to help direct the water to
the existing southerly catch basin.
As this is a maintenance item, we hope to avoid the expense and time to prepare and
submit a formal submission to the Conservation Commission. Please advise if we can
proceed with this maintenance work.
If -you require any further information, please feel free to contact me at the District's
offices.
Sincerely,
GREAT R LAWRENCE SANITARY DISTRICT
Richard E. Weare
Capital Projects Manager
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
_ Its
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
This Enforcement Order is issued by:
To:
North Andover Conservation Commission
Conservation Commission (Issuing Authority)
Greater Lawrence Sanitary District
Name of Violator
240 Charles Street
Address
Location of Violation:
Property Owner (if different)
Charles Street - Road%
Street Address
North Andover
City/Town
Roadway
Assessors Map/Plat Number
August 31, 2005
Date
01845
Zip Code
Parcel/Lot Number
DEP File Number:
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Maintenance activities within the existing roadway to correct a severe drainage problem, which has
become a serious safety concern
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
wpaform9a.doc • rev. 7114104 Page 1 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
File Number
❑ The Order of Conditions expired on (date):
Date
Dated
Condition number(s)
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
® Other (specify):
See attached letter dated Auqust 31, 2005 for mandated conditions
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev. 7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
j1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Alison McKay Conservation Administrator
Name
978-688-9530
Phone Number
.M -F 8:30 4:30
Hours/Days Available
Issued by:
North Andover
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.dac • rev. 7/14/04 Page 3 of 4
LIMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signattu,�es:
Signature of delivery person or certified mail number
wpaform9a.doc • rev. 7/14/04 Page 4 of 4
X
..r
LAWRENCE
THOMAS CONNORS
PAUL D. LAMBERT
FRANK McCANN
METHUEN
MICHAEL J. COSTA
CHARLES F. THOMPSON
GREATER LAWRENCE SANITARY DISTRICT
RICHARD S. HOGAN, EXECUTIVE DIRECTOR
August 4, 2005
Alison McKay
Town of North Andover
Community Development & Services
Conservation Department
400 Osgood Street
North Andover, MA 01845
RECEIVED
AUG 0 5 2005 01/j
NORTH ANDOVER
CONSERVATION COMMISSION
RE: Greater Lawrence Sanitary District
Maintenance of Drainage Swale on Charles Street
Dear Ms. McKay:
ANDOVER
JOHN A. PETKUS Jr.
NORTH ANDOVER
LEONARD J.DEGNAN
SALEM, N.H.
EVERETT McBRIDE
TREASURER
JOHN A. PETKUS Jr.
As we discussed on Thursday, July 28, 2005 at the GLSD site and as you suggested, I
am enclosing a sketch of our proposal to—maintain_an_emsting drainage swale on
Char es Street opposite land owned by Charles_ Matson, t_ o correct a severe roadway
drainage issue_in..that,area. _ _ _.
In 1975 during the construction of the GLSD facility, a catch basin was installed by the
GLSD on property owned by Mr. Charles Matses. The catch basin was installed off of
the paved street but still located within the private street right-of-way. The purpose of
this catch basin was to intercept water draining off Mr. Matson's property so that the
water did not travel over the paved surface of Charles Street.
In 2001, the Matson property was filled (but not by GLSD) and the GLSD-installed catch
basin was also filled over. Since the fill was placed, surface water regularly flows off this
property and travels over the paved roadway. This flow of water across Charles Street
causes severe icing problems during the winter months. During freezing weather, the
District must scrape off the ice daily using a front end loader in order to keep the road
passable. Despite this, the road soon begins to ice -up again, causing a safety hazard.
240 CHARLES STREET • NORTH ANDOVER, MASS. 01845-1649 • TEL: 978-685-1612 FAX: 978-685-7790
Alison McKay
Town of North Andover
Community Development & Services
August 4, 2005
Page 2
It should be noted that Charles Street is used daily by septage haulers bringing loads of
septage to the GLSD for treatment. In addition, large chemical delivery trucks also use
Charles Street. An accident involving one of these trucks would pose a substantial risk
of a release of the truck's contents.
Because of this safety issue, the District is proposing the following maintenance work:
1. Redefine the drainage swale alongside the paved roadway, so that water can
be diverted to a different existing catch basin located approximately 30 feet
south of the Matson property. The existing drainage swale would be cleaned
to approximately 3 feet wide with a depth below the paved surface of 3
inches. A hay mat blanket is proposed to be installed in the redefined
drainage swale for erosion control and to help promote adequate grass
growth.
2. Repave a section of the roadway that has deteriorated due to damage from
water flowing over the pavement and mechanical ice removal in the winter.
3. Install a bituminous curb at the edge of the paved roadway to reduce the
water draining off the property onto the road and to help direct the water to
the existing southerly catch basin.
As this is a maintenance item, we hope to avoid the expense and time to prepare and
submit a formal submission to the Conservation Commission. Please advise if we can
proceed with this maintenance work.
If you require any further information, please feel free to contact me at the District's
offices.
Sincerely,
GREAT R LAWRENCE SANITARY DISTRICT
Richard E. Weare
Capital Projects Manager
COMMONWEALTH OF MASSACHUSETTS
North Andover
BOARD OF HEALTH
Greater Lawrence Sanitary District
NAME
NUMBER
BHP -2017-0112
FEE
$60.00
DATE ISSUED
March 01, 2017
240 CHARLES STREET
-----------------------------------------------------------------------------------------------------------------------------------------------------------
ADDRESS
IS HEREBY GRANTED A Dumpster Permit
Dumpster PERMIT
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires February 28, 2018 unless sooner suspended or revoked.
RESTRICTIONS: Waste Management;800-443-5515Bi-
WeeklyPick -Up -----------------------------------------------------------
BOARD OF
NOTES: Contact: Don Lanza; 978.685.1612 HEALTH
----------- r� � , �-- e -N p /_
scampagna@glsd.org r I �..�. �, t
------------
------------ --------------------------------
BOARD OF HEALTH CHAIRMAN
..................................................................................,
240 CHARLES STREET
Department:
North Andover BOARD OF HEALTH
......................................................................
Fee Type:
Dumpster PERMIT
......................................................................
Paid By:
Greater Lawrence Sanitary District
.---------------------------------------------------------------------
Received By:
Toni Wolfenden
DEPARTMENT'S COPY
i-------------------------------------------------------------------------------------
...................................................•-----...............,
Reference No: BHF -2004-000103
Permit No: BHP -2017-0112
.......... Account No: 1001001.1.5.0510.00
....................................
Receipt No: REC-2017-001089
.......... ...................................
Paid in Full On: Thu Feb 02,2017
Check No: 00042469
.................. ------------
..............
Amount: $60.00
--------------------------
TOWN OF NORTH ANDOVER , �t,,d• .
Community & Economic Development%'
HEALTH DEPARTMENT
120 Main St.
NORTH ANDOVER, MASSACHUSETTS 01845
Phone: 978.688.9540 Fax: 978.688.9542 Email: healthdept@northandoyerma.gov
APPLICATION FOR DUMPSTER PERMIT
PURSUANT TO SECTION 31A AND 31B OF CHAPTER III
OF THE GENERAL LAWS, AND RULESAND REGULATIONS OF THE
NORTHANDOVER BOARD OF HEALTH
DATE:
Application is hereby made for a permit to maintain a dumpster(s) on property located at
240 Charles Street, North Andover, MA
in accordance with the rules and regulations of the Board of Health.
Greater Lawrence
Applicant: sanitary District Property Owner: Same
Name of Contact: Sonny Campagna Owners Address: 240 Charles St. North Andover
Address: 240 Charles Street, North Andover, MA 01845
Telephone#: 978-685-16-12
Owners Phone #: 978-685-1612
Email address: scampaQna@alsd.org
Dumpster Company: Wastemanagement of NH
Telephone#• 1-603-437-3317
Pick -Up Schedule:
Twice per Week
)n the back of this form, please sketch an outline of prop
howing the proposed location of the dumpster(s). Giver
listance from dumpster to other buildings and lot lines or
Laoundartes
Annual Dumpster Permit Fee: $60.00 per establishment
Payable to: Town of North Andover. ATE FEE AFTER FEBRUARY 28 BE DOUBLED -
*Please note that all contact information and the associated fee is required upon application submittal.
Page I of I
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