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HomeMy WebLinkAboutMiscellaneous - 240 CHARLES STREET 4/30/2018 (11)0 —1vKt . v — Gin c (ups . �t�v 3�7-2 113 4-(C� G, r Al ■ Complete items 1, 2, and 3. Also complete it6m 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, of on the front if space permits. 1. Article Addressed to: G LSD Ri�r,er aq0 c C-" e S�re1z Nor- A-,Jov . �'4/4 0 �8K5 A. Signatur ❑ Agent X d ressee R ceiv by (Priv Nam Dat7f Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S!pirce Type 19 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number. i (Transfer from service label) j� 7002 0 510 0000 0894 3988 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 I UNITED STATES POSTAL SERVICE I First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • y o o ®,5) C>o j 6�1e-k - NoX Av\do\-ull, HA o ► g 45 0o� c • a� a m O .,. e U;. -�-1 Z O —�'�• N •o N o, o o P.I. �. o rn a O -h CA C W0iw o -� �••� `° m a o 1w CD Z N �rGfi�iVl�l% •� �i1 7-(9 to n <pcno o n - 'C C �mCL W CL Q �� cp 03 C 0o 0 oaCD 6 Ct) Q ._ ,� to � � � :�• > s . lQ �D tD O c :O� .�wo O O O mju O 0 , CL 1 r'ro O T m 9 SL A X z N T N O s m 7�0 s_ r a O s C z 0 m (^�,.. ? O s O CL m O G P Z G -i LA n N O a x S 7 W C 0 a T r z O �r Cr 0 Q CD O W W v ,,a co 6 CD 0 v N O U) O 0) n CD CD IN CD CD N jv Z 0 CD m 55 CA Z 0 --I 0 z h 0 9' 0 cn C u O 7 N O M U) M <D C—) r. 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'p Q JAC �• IIiiA{{ 1e3_dI },.dans 4ouscop u.i}eui}sa4 (9•3 azis Liew_3 — papaao.3 (5'3 uoi 43auu00 aLiwi see} ON (17•3 ,amsu12 oN (E '3 f,sn8 (Z '3 L!E} aui t ,o do 2u2H (L '3 , o„ a , o} u o s e a y ---------------------------------------------------------------------------------------------------- 1 'd (l (l (l (l (l-3 l 'd 061LSS9916I8 Xl RaoujaA 9Lll ---------------------------------------------------------------------------------------------------- �uaS I I N I � n s sd u 0 1 uIIsa0 apoA •oN a22d ; I ! � Ms:S I L[R Ll,U?r ,awi1/;�p0 cZ (L ( WdCI l L1L 'L7'upr ) jaod;� j[ns;� uoijpo unwwo3 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 only the tab key to move your cursor - do not use the return key. 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 C3 ,q Total Postage & Fees $ qj 65 Lr) C3 ar M---------------------------------- I ------------ 0 or PC) Box No. 9, Y 0 C,��- LE 6 S +V- ................. ----------------------------------------------------------------------------- r- City, State, ZIP+4 Ntr-4,� AAJLve4 VA ()Iq5 I Postage 60 Certified Fee 30 Postmark Return Receipt Fee Required) It '75 �ejj* (Endorsement f"IT Restricted Delivery Fee (Endorsement Required) C3 ,q Total Postage & Fees $ qj 65 Lr) C3 ar M---------------------------------- I ------------ 0 or PC) Box No. 9, Y 0 C,��- LE 6 S +V- ................. ----------------------------------------------------------------------------- r- City, State, ZIP+4 Ntr-4,� AAJLve4 VA ()Iq5 I Certified N6 it Providls; 0 A mailing re .eip., o A unique IdgtSu"r mailpiece 0 A signature upon delivery 0 A record of delivery kept by the Postal Service for two years Important Reminders: 0 Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. 0 Certified Mail is not available for any class of international mail. 0 NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. o For an additional fee, a Return Receipt may be requested to provide proof of, delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. 0 For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". 0 If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail 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 J z F CY A U m c p> Q 0 ` O v. 2 o = „ Z < ^ u 0 ° z 2 0 W a u 1 <u W za < D °! a i ; f 2 Q a f f toy"� 00 0 0„= 0 u W< i 2• l i Mi 0 W L Q Y i 0► .. 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