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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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A. Emergency Information
Issuance From:
North Andover Conservation Commission
Issuing Authority
1. Reason for Emergency:
Installation of a water flow device to reduce flooding impacts to adjacent property owners Water flow
device will be installed upgradient of the culvert located under Barker Street sewer easement which
crosses a borderinq vegetated wetland
2. Public agency to perform work or public agency ordering the work to be performed:
North Andover Department of Public Works and Beaver Solutions conducting the activities
3. Date of Site Visit:
May 28, 2002
4. Work to be allowed*:
Start Date:
5/29/02
End Date*:
6/7/02
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil/hazardous material release.
Installation of a water flow device upgradient of a culvert located under a sewer easement.
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
Chairman (or designee)
5/29/02
Date
WPA Emergency Certification Page 1 of 2
Rev. 12/00
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A copy of this form must be provided to the appropriate DEP Regional Office.
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without extension by the
Issuing Authority.
D. Special Conditions
Maintenance of the pipe by town officials and Beaver Solutions is permitted under this certification
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
WPA Emergency Certification
Rev. 12100 Page 2 of 2
003
May 29, 2002
North Andover Department of Public Works
384 Osgood Street
North Andover, MA 01845
Att: John Cyr
RE: Emergency Certification
Barker Street Sewer Easement
Dear Mr. Cyr:
Enclosed is an Emergency Certification Form issued by the North Andover
Conservation Department (NACC) permitting the installation of a water flow
device upgradient of the culvert located under the Barker Street sewer easement.
Installation of the water flow device was in response to a complaint filed by Tom
Zahoruiko who resides at 185 Hickory Hill Road. Residents of Hickory Hill
Road and Old Farm Road have been experiencing property damage from the
flooding problems. The Board of Health has determined that the flooding
problems are a threat to human health and safety and has issued a 10 day
emergency permit to immediately alleviate the threat. If the problems are not
alleviated over the next 10 days, you must apply to the Division of Fisheries and
Wildlife for a 30 day extension permit to alleviate the problem.
Please feel free to contact me if you have any questions.
Sincerely,
Julie Parrino, Conservation Administrator
cc: Board of Health
Tom Zahoruiko
DEP
DF&W
t
003
SPECIAL CONDITIONS
1. This permit, or a copy thereof, shall be carried on the person of any
individual exercising the authority thereof and shall be shown upon
request to an agent of the conservation commission, any agent of the
Department of Fisheries Wildlife and Environmental Law Enforcement or
to any officer empowered to enforce the provisions of MGL Chapter 131.
2. The issuance of this permit does not authorize the individual receiving the
permit to trespass upon private property to use that permit. If the dam is
located on abutting properties, signed authorization from abutters
permitting the breaching of the dam on their property must be submitted
to the Conservation Department.
3. This permit is valid from May 29, 2002 to June 7, 2002 and is limited to the
activities described above.
4. Additional work beyond the activities permitted in this Emergency
Certification must be approved by the North Andover Conservation
Commission. Additional work within the wetland resource area must be
authorized through an extension permit.
5. The applicant may request in writing for a 10 day extension permit.
TOWN OF NORTH ANDOVER
DIVISION' OF PUBLIC WORKS
384 JSGOOD STREET
NORTH AAN��DOV>s t MASSACHUSETTS 01845-2909
J. �'VL LIAM t :';RCIAK, DIRECTOR, P.E.
Roberti Beshara, P.E.
Director u `Engineering
S�►ct►usti
MEMORANDUM
DATE: June 24, 2002
TO: Julie Parrino, Conservation Commission
FROM: Bob Beshara, Director of Engineering
RE: Chestnut Street Sidewalk and Roadway Reconstruction Project
Telephone (978) 685-0950
Fax (978) 688-9573
The project consists of the addition of a new sidewalk and reconstruction of Chestnut Street from Hillside Road to
Mill Road. The project is divided into 3 phases. This memo is to confirm my understanding of the subject project
regarding Conservation issues based on our previous site visit and my recent site walk.
• Phase I: Hillside Road to Blueberry Lane —There is a culvert crossing Chestnut Street at 304 (east side) &
311 (west side) Chestnut Street which will require hay bales and silt fence (we did not view this location
during our site visit). The work will have no direct impact on the wetlands. There are no other wetlands
impacted by this phase of work. DPW has placed this Phase of work on its upcoming construction schedule
for July/August 2002.
• Phase II: Blueberry Lane to Rosemont Avenue — There are wetlands adjacent to much of this area which
will require Conservation filing. There is a brook crossing just south of the Rae Street intersection which
probably will be impacted by the addition of a sidewalk. DPW has delayed this Phase of work until the issues
with Ralph Joyce's subdivision are resolved and until the new Celtic Crossing Subdivision on Kenny Rae's
property is more fully defined.
• Phase III: Rosemont Avenue to Mill Road - There are no apparent wetlands impacted within this phase.
DPW has placed this Phase of work on its upcoming construction schedule for August/September 2002.
If your understanding differs from mine, or you require additional information, or need to meet me at the site to
review these issues again, please advise. Otherwise, DPW will proceed with Phase I and II of the work starting in
July.
Cc: Bill Hmurciak
Tim Willett
John Cyr
6-24-02 Chestnut Street Conservation Issues
.)
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c/%a�firzcizf ��F7ncriroizinrizfrr rrri .% r/1r:[iirrrti
ANTHONY D. CORTESE, Sc.D.
Commissioner
727-5194
935-2160
Department of Public Works
Osgood Street
North Andover, Ma 01845
Attention: Mr, Joseph J. Borgesi,
Superintendent
Gentlemen:
�Trfr�o�/iiri .�o.tfcii • /�ii�f�irr.t/ .��,r�roiz
�� • ' rrr: .'%Jn.t/on. •J/i-rrl �Tri;rliir, � r �
January 24,1984
RE: N. ANDOVER - Lake Cochichewick
Sewage Pumping Station
The Department of Environmental Quality Engineering is in receipt of plans and
specifications for the newly constructed eight inch forced sewer main and Dumping
station located along the shores of your town water supply, Lake Cochichewick. The
information supplied by you and your consultant, Hayes Engineering, Inc., of Melrose,
Massachusetts, indicates that this pumping station was built with the intention of
collecting most or all of the sanitary sewage within the North -Northeast Drainage
Basin of Lake Cochichewick. The sewage will collect in a 221 cubic foot wet well
at the pumping station located on the north shore of Lake Cochichewick. There are
three pumps in the station; with two Allis-Chalmers fifteen horsepower electric
motors to alternately drive two 460 gallon per minute pumps, and a gasoline powered
Wisconsin Engine to drive an emergency pump connected to the emergency storage cham-
ber. The pumping station and forced sewer main are shown in these plans and speci-
fications to have the following features:
- 5800 foot 8" forced sewer main
- 18 pumping cycles for sewage to travel from wet well to its
discharge into gravity sewer
- 12 inch gravity relief sewer to accept discharge from forced sewer
Gasoline powered standby pump to operate if emergency storage chamber
fills with sewage
- Wet well high level alarm to be connected to twenty-four hour manned
pumping station
Your consultant also states that beside the sewage from French Farm Village,
the following establishments will contribute to the flow to the forced sewer main;
the Blue Fox, the Loft, Flaming Hearth, Treadwells, Aqua Pools, Butcher Boy, The
Brook School, a projected forty-two Unit Condominium and a projected 110 miscellaneous
houses.
A*
.J
Dept. of Public Works
N. Andover, Ma
January 1984
Page two
The Metropolitan Boston/Northeast Regional Office of the Department of Environ-
mental Quality Engineering requires that the following provisions be made regarding
this sewerage project:
- Additional cleanouts be installed and proper cleanout equipment
be available for maintenance of the forced sewer main
- The emergency pump's motor adjusted to meet peak demand flow
- Both electric pumps run in unison one day per week to insure re-
suspension and flushing of any solids settling in the forced
sewer main during normal operations
- High level alarm to be connected to either the Fire Department
or Police Department switchboard as a back-up alarm system to
the Lake Cochichewick water supply pumping station alarm
- Periodic testing of the emergency pumping system and alarm system as
recommended by the manufacturer
- No more than the projected amount of sewage be allowed to flow into
this pumping station. The Department realizes that differences in
predictions of future users of the system may change, but under no
circumstances should the total daily amount of sewage flowing into
this pumping station be allowed to exceed the projected capacity of
this forced sewer main
It is also the suggestion of the Department that you look into the possibility
of installing a chlorination station at the forced sewer main discharge on Sutton
Street, if the long detention times and associated septic conditions cause odors
which may be offensive to Sutton Street Residents.
Before this office can grant approval for these plans and specifications, it
is the requirement of the Department that you contact the Division of Water Pollu-
tion Control Permits Section, seventh floor, One Winter Street, Boston, Massachu-
setts, 02108, with the purpose of obtaining the proper permit required for this
sewer extension project. For further information concerning this sewer extension
permit, please contact Mr. Harry Trent at 292-5669.
Dept. of Public Works
N. Andover, Ma
January 1984
Page three
If you have any questions regarding this matter, please contact John H.
Keating at 935-2160.
Very truly yours,
William A. Krol, P.E.
Deputy Regional Environmental Engineer
WAK/Ejhk/erc
cc: Board of Water Commissioners, Town Hall, N. Andover, Ma
BOH, Town Hall, N. Andover, Ma
Planning Board, Town Hall, N. Andover, Ma
Board of Appeals, Town Hall, N. Andover, Ma
Conservation Commissioner, Town Hall, N. Andover, Ma
Water Dept., Town Hall, N. Andover, Ma
® TOWN OF NORTH ANDOVER. MASSACHUSETTS
r OFFICE OF
CONSERVATION COMMISSION
koRTH
OF ttad ..11.0
TELEPHONE 683-7105
�1SSACHU
October 28, 1985
Mr. J. iIliam Cyr
_---- --- Highway Surveyor
384 Osgood Street
North Andover, MA 01845
Dear 3uddy :
This is to confirm our discussion of last Saturday with regards
to the wetlands behind the To�,7n Garage and Salt Shed. We re-
c,uested that the wood chips and leaves in the wetland areas
be removed from the area roughly staked out in the field. This
work is to be completed within the next month, and .use of these
wetland areas as temporary storage should not occur in the future.
Thank you for your cooperation.
GV: mm
Yours truly,
Guillermo Vicens
Chairman, NACC
• ,.:
DEOE File No.
._. , (To be provided by DEOE) i ;•';��
t City/Town
Commonwealth
of Massachusetts Applicant
Enforcement Order
Massachusetts.Wetiands Protection Act, G.L. c.131,40
and under the Toum- of 11orth- Andover ByLaw, Chapter 3 Sec ion 3. S 'A
.4+
From NORTH ANDOVER M.,I ERVATION COMISSION ]IssuingAuthority ;•s��
!
r
TO `�D�ZG� W U Cvy�L� r r c:r -— r' �r
,•ti/L'lrl 4
1 1
Date of Issuance AS�
Property lot/parcel number, address
P Ya;�
Extent and type of.activity: '{ ,
�.iSi, nV�IT [Oi1 COi+f 1 A
The ?;07M' NDOVEn COI �E has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur-,
suant thereto 31 O CMR 10.00, because:
2 Said activity has been/is being conducted without a valid Order of Conditions.
0 Said activity has been/is being conducted in violation of an Order of Conditions issued to r<
dated ^ `' `'
- File number , Condition number(s)
0 Other (specify)
A
• ' . ; ;;^:tib
4� pfd
T 1201 -t',, �1,icjover Conserva
lhee tion Commissic��rebyorders the following: '
� The property owner, his agents, permittees and all others shall immediately cease and desist from further ;`• %
a tivity affecting the wetland portion of this property.
[ia Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
A.
Ah
O Completed application forms and plans as required by the Act and Regulations shall be filed with the
i'' i n;
tl�C..i .,�li« ' ��'' ,� �'� �,"`':�•�c. ��u°; ,.,��m:r`" r is sem:,-.ta..�W.-..,.,.....
' (To be provided by DEOECitylTown
)
-- . Commonwealth
of Massachusetts _ Applicant {�
Enforcement Order
Massachusetts.Wetiands Protection Act, G.L. c. 131, 40 �'""
and under the Toim- of Tlorth Andover ByLaw, Chapter 3 Sec ion 3.5 A & B'
Chapter
From NORTH ANDOVER CONSERVATION C01v MISSION llssuingAuthority
To M '
Date of Issuance
Property IoUparcel number, address
Extent and type of. activity: &4t'r2�, 0� /G • •• � / /� � • • -•: f"',
oy
The ?';Oi.T:i ,%NDOVIs'R CONdSI:RVATION CO11N. has determined that the activity described
:a.
above is in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 31 01CMR 10.00, because:
0 -1 --said activity has been/is being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to ;
dated
Fite number , Condition number(s)
❑ Other (specify) '
• •u.i
r
The t�i2a-t',' ;;'idover Conservation Coinmissic� reby orders the following: "t
d The property owner, his agents, permittees and all others shall immediately cease and desist from further....,...!
a tivity affecting the wetland portion of this property. `
(B Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition. 2
i
`i
AP
V.
b
O Completed application forms and plans as required by the Act and Regulations shall be filed with the -
111„r ndoyer Con. Com « DE, & on or before (date),
and 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. Application forms are available at: f f: icr (sen- yi:10w)
he property owner shall take. every reasonable step to prevent further violations of the act.
Q Other (specify) �
'LA'
aJ
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap.
ter 131., Section 40 provides:
Whoever, violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: N . Andover Cons . Comm.
120 1:ain Street, North Andover, Ma. 0184S
Issued by MORTN ANDOVT'R CONSERVATTON C011MISS10"J
Signature(s)
#.
(Signature of delivery person
or certified mail number)