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HomeMy WebLinkAbout1993-07-28 Correspondence SPR - Correspondence - 0 Annie Sargent School 7/28/1993 North Andover Public Schoo"Is North Andover, MassachusettsO'1845 TO: Kathleen Bradley, Town Planner Richard Doucette, Conservation Commission Officer Thomas Driscoll, Police Dept. Safety Officer Lt. Kenneth Long, Fire Prevention Robert Nicetta, Building Inspector George Perna, Dept. of Public Works FROM: Paul S. Szymanski, Di f�U,6r"1 14anagement Support Services DATE: November 5, 1993 SUBJECT: Sargent Elementary School - Pre-Construction Meeting The purpose of this memo is to confirm my invitation to each of you to participate in a Pre-Construction Meeting for the above subject project. The meeting is scheduled for Wednesday, November 10, 1993 at 11.00 A.M. We will be meeting in the A. V. Studio at the High School. In attendance will be our Architect, Mr. Marty Kretsch; Staff Engineers; the General Contractor, P. J. Stella; and participating Sub-Contractors. I understand that some of you, due to prior commitments, will arrive at 11:30 A.M. Mr. Bob Nicetta will be attending an ADA meeting for the day, Bob asked for a copy of the minutes and will be briefed at a later date. We have reached a significant milestone and look forward to your participation. 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's,s.i.�.;.}:i•:.�•. ..••�• • .r•.� •'.+'. i�;.;}:::}�zs::•:is\:r..ale...i: anti;:::"Mtii:?sii{.i.i•{ii�::; C"' .,'1 ''7.:, '.. Refer to Det./Dwg.: L-7 Job No. OKA #88-330 Sheet No. Date 28 SEPT 1993 Calzetta Farm Site 1-5 Drawn By KL SKL-7 North Andover Public Schools Scale 1"-4Y DINIsco Kretsch and Aeeocletes, Inc. Architects and Planners 87 Summer St., Boston, MA 02110 (817)428.2856 KAREN H.P. NELSON' 120 Main Street, 01845 Director TOWII Of BUILDING NORTH ANDOVER (508) 682 G483 CONSERVATION a° " 6¢s DIVISION OF HEALTH .:PLANNING PLANNING & COMMUNITY DEVELOPMENT June 30, 1993 Mr. Martin Kretsch DiNisco, Kretsch, and Assoc. , Inc. 87 Summer Street Boston, MA 01220 Re: Calzetta Farm School - Site Plan Review Dear Mr. Kretsch, Thank you for appearing before the Planning Board last night to present the plans for the Calzetta Farm School . The Board voted to close the public hearing and will render a decision at its July 20, 1993 meeting. This meeting will be held at the Senior Center behind Town Hall and will begin at 7 : 00 p.m. In the interim period, the Board will be scheduling a site visit, possibly on July 10, to walk the site. Any additional concerns raised at this visit will be incorporated into the decision. If you have any further questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, bt�hlee`n; OraCdl y Town Planner cc. K. Nelson, Director PCD R. Nardella, Chair PB µOnTN of•...e„pry KAREN H.P. NELSON ��= °° Town Of 120 Main Street, 01845 a Director (508) 682-6483 NORTH ANDOVER BUILDING CONSERVATION $e,°^5�4 JAVISiON OF PLANNING PLANNING & COMMUNITY DEVELOPMENT May 28 , 1993 DiNisco, Kretsch, and Assoc. Inc. 87 Summer Street Boston, MA 02110 Re: Calzetta Farm School Site Technical Review Committee Dear Mr. Kretsch, Enclosed for your files is a copy of the minutes from yesterday' s technical review committee meeting. If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . i Sincerely Kath een E. PP Iradley i Town Planner 0 y Calzetta. l ' ? I 1 h 1 g gs s NOaH KAREN H.P. NELSONa 120 Main Street, 01845 Director TOW1l O NORTH ANDOVER (508) 682 6483 BUILDING '�,'°•:::::•.,° CONSERVATION A�AC"°s` DIVISION of HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum To: Technical Review Committee �� From: Kathleen E. Bradley, Town Planner ea) Date: May 27 , 1993 Re: Calzetta Farm School The Technical Review Committee met today to discuss the plans for the Calzetta Farm School . The following members were present: Bill Hmurciak, DPW; George Perna, DPW; Karen Nelson, Director of Planning and Community Development ; Richard Doucette , Conservation Administrator; Bob Nicetta, Building Inspector, and Kathleen Bradley, Town Planner. Due to a death in the family, Ken Long from the the Fire Department was unable to attend. The applicant is directed to meet with the Fire Department to discuss the plans at a later date. As the plans have not changed since they were first proposed three years ago, the discussions were brief. The Americans with Disabilities Act will affect the interior of the building. The applicant will work with the Building Inspector to address these issues. The ADA may also require some minor changes to the exterior of the building and the configuration of the parking. These changes should be brought to the Planning Board' s attention. The DPW had some questions concerning the layout of the sewer. These questions will be addressed by the applicant individually with the DPW. As the current Planning Board members and Planner are unfamiliar with the project and the level of scrutiny that occurred at the last series of public hearings, copies of the Planning Board minutes from the past public hearings will be distributed to the members for their review prior to public hearing. The Planning Board will need two sets of plans and documents upon submittal of the site plan review application. CC. Planning Board Martin Kresch TRC. 5 . 27 KAREN H.P.NELSON Director Town of JLOK BUILDING NORTH ANDOVER CONSERVATION DIVISION OF Ct I AMLTH PLANNING PLANNING & COMMUNITY DEVELOPMEN' VIOLATION NOTICE Issued from: North Andover Conservation commission Issue to: P.J. Stella Construction Co. Date: February 17, 1993 D.E.P. No: 242-664 Location/Property: Sargent School, Abbott St. The North Andover Conservation Commission has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act. (M.G.L. Ch. 131, sec. 40) and/or the Town of North Andover Wetlands Protection Bylaw. Extent and Type of Activity: 1. Siltation has been discovered offsite in the stream downgradient from the second wetland crossing. 2 . Erosion controls are needed along Abbott St. where work has been done in the road shoulder. 3 . Brush piles have been deposited in the central wetland over the hay bales. If this violation is not immediately addressed as required below, an Enforcement Order will be issued, which may include a stop work order, which may be followed by legal action. Required Action: 1. Remove the accumulated sand/silt from the stream by hand within 10 business days. Contact this office when the work is complete. 2 . Install erosion controls along Abbott St. within 10 days. 3 . Remove brush piles within 10 days. Questions concerning this violation notice should be directed to the North Andover Conservation office, Town Hall, 120 Main Street, or by calling (508) 682-6483 Extension 26. Signature: Richard P. Doucette, Conservation Administrator Zofilm of Yart4 �wbviitr Office of rO►ici CHIEF OF PONCE " 4 ' NORTH ANDOVER, MASSACHUSETTS PHONE: �ssACwUS � 683-3168 RICHARD M. STANLEY CHIEF MEMORANDUM To: Paul Szymanski From: Chief Startle Date: April 12, 1995 Subject: Modification of traffic island - Sargent School This Department supports the redesign of the traffic island from a raised island to an islancl flush with the travel surface. A flush island would make for a sales tL11-11 I'or sch0()l prises. I I'11111her discussions are required, please contact Safety Officer Thomas D1 isColl. To: Kathleen Bradley Colwell, Town Planner From: Paul Szymanski Pri. Date: April 13, 1995 Sub�jcct: Modification of Traffic Island - Abbott St. Entrance RE: Sargent School Per our discussion regarding the above subject, I am providing, herewith, cuts froill the site plan-, an extract from the Order ofConditions-, letters of support from Chief Stanley and Lt. Long. George Perna was not able to send me a letter, but has authorized me, on his behalf, to state that he fully supports Our request for the modification. Charlie Carrell is on vacation. I will present his letter of request at the time ot my presentation to the Board on April 18, 1995. 1 appreciate your support concerning this matter and look forward to meeting the Board oil Tuesday. L cc: George Blaisdell, Superintendent a A B C BUS COMPANY, INC. 1175 TURNPIKE STREET NORTH ANDOVER, MA. 01845 508-686-0383 508-777-4080 TO: MR.PAUL SZYMANSK.I FROM: CHARLES J.CARRELL DATE: APRIL 17, 1995 SUBJECT: MODIFICATION OF TRAFFIC ISLAND-ABBOTT ST.ENTRANCE o RE: SARGENT SCHOOL i AFTER OUR LAST SITE VISIT TO THE SARGENT SCHOOL I MUST RESTATE MY CONCERN ABOUT THE ISLAND IN THE CENTER OF THE ABBOTT STREET DRIVEWAY. A BUS COMING FROM THE MARBLERIDGE ROAD END WOULD HAVE A DIFFICULT TURN r WITHOUT ENTERING THE OPPOSITE LANE ON ABBOTT STREET.DURING THE WINTER { MONTHS THIS COULD BE MORE DIFFICULT WHEN SNOW BANKS ARE PRESENT.I WOULD RECOMMEND THE COBBLESTONE IDEA BECAUSE IT WOULD DEFINE THE LANES AND ALLOW FOR AN EASIER SWING. LT.LONG SAID THAT IN AN EMERGENCY HIS FIRE APPARATUS WOULD GET INTO THE SCHOOL BUT THIS IS NOT AN EVERYDAY OCCURRENCE LIKE THE BUSES ARE.I BELIEVE THAT EVERYONE AT THE MEETING WAS IN STRONG AGREEMENT THAT THIS INTERSECTION WOULD BE SAFER WITH NO OBSTRUCTION IN THE CENTER. THANK YOU FOR GIVING THIS MATTER YOUR PROMPT ATTENTION. i S150 YRS. NOR-r p'O OF . .o °�, NORTH ANDOVER FIRE DEPARTMENT CENTRAL FARE HEADQUARTERS l_ 124 Main Street Oy4 [O�P[ �J SSgcHu��� North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tei. (508) 688-9593 Fax (508) 688-9594 To: Paul Szymanski From: North Andover Fire Department Re: Traffic Island, Sargeant School Date : April. 13 , 1995 The North Andover Fire Department approves the removal of the traffic island, Abbott Street entrance, at the Sargeant School. This would allow much better access to the school with this island removed. Lt. Kenneth E. Lang, Fire Prevention Officer 1921 - 75 YEARS OF SERVICE - 1996 v M a r c h i t e c t s a n d p l a n n e r s Limited I FACSIMILE MAIL 25 July 1995 1i, tip ` hf _ r f Ms. Kathleen Bradley-Colwell, Town Planner i Town of North Andover BOAR Town Hall Annex 120 Main Street North Andover, MA 01845 Re: North Andover Middle School Dear Kathleen: It is my understanding that you have recently inspected the Sargent School and find three incomplete items relative to the Planning Board's Order of Conditions. 1. No Parking Signs- Abbott Street This work will be coordinated between the School Department and DPW. At this time it is not a contractor responsibility. If it becomes necessary, we are prepared to have the contractor perform this work. 2. Traffic Signal - Johnson Street P.J. Stella reports that this work is partially complete and that the light will be installed in August 1995. As separate contractor letter will follow. 3. Guardrails at Entry Drive The supplier to P.J. Stella has had difficulties finding the specified 8x8 inch posts. However, the installation of this guard rail is imminent. A separate contractor letter will follow. Thank you for you continued assistance. Sincerely, tenneth F. DiNisco DiNISCO DESIGN KFDfje cc: Louis Minicucci Paul Szymanski Joseph Stella Roderick Carmosino Patrick Saitta 94392 CorCityfTown/atate(C)#J9 Kenneth DiNisco Richard N.Dice Leno E. 1=idippi Date Gienapp , Gary E.Ainslie 8n 7 SnM u in in e r wwWS k r e e t 0 o s k o W n... M A 0 2 1 1 0 6 1 7 . 4 2 6 . 2 8 5 8 f a x 4 2 6 . 1 4 5 7 . q July 25, 1995 Town of North Andover Re: Calzetta Farm Site Elem. School 120 Main Street North Andover, Ma North Andover, MA 01845 Final Approval Attn:Kathleen Bradley-Colwell Town Planner Dear Kathleen, I Reference is made to your meeting at the site yesterday with our superintendent, Larry Hueter. As per your request, be advised that we expect to complete the following activities as scheduled: j Traffic Signals: Street work to commence this week, pole and signals complete by 8/25/95. Wood Guardrails: Installation to start imminently. No-Parking Signs: To be installed by the Town. Accordingly, we respectfully request that you grant your final approval for this project. if you should have any questions, or require additional information, please do not hesitate to contact either me or Larry at the site. Thank you. cc: Ken DiNisco V y truly'ours, t Pat Santa Paul Szymanski " Closeout file Jos h M. Stella Job Vice President P.J. STELLA CONSTRUCTION CORP. Fifty Main Street,Wakefield,Massachusetts 01880 Telephone:617-245-8844 TAX:6'1.7-245-8824 c)Q--) Town of North Andover �,a�T OFFICE O Of�s •� ,�°��°c COMMUNITY DEVELOPMENT AND SERVICES , IK 146 Main Street North Andover, Massachusetts 01.845 3SACHUS� May 30, 1996 Mr. Kenneth F. DiNisco " DiNisco, Kretsch & Associates, Inc. 87 Summer Street Boston, MA 02110 RE: Anne L. Sargent Elementary School (DEP #242-664). Dear Mr. DiNisco: As you are aware, the above referenced project is substantially complete in terms of actual construction. However, the following issues remain outstanding with regards to the Order of Conditions as drafted and approved by the North Andover Conservation Commission (NACC): • The Order of Conditions dated August 1.6, 1993 expires on August 1.6, 1996. This project is not eligible for a Certificate of Compliance until FALL 1997 when the wetland replication has undergone two consecutive growing seasons. Therefore, the applicant is responsible for requesting an Extension Permit from the NACC thirty (30) days prior to the above referenced expiration date. No request for an extension will be granted unless the wetland is either re-flagged or the original approved flagging is re-established in the field. Please comply with a written request to the NACC within the allotted time frame; • CONDITION #18: This condition references wetland replication. Approximately 4,000 square feet of replication was required and it's location and planting schedule is depicted on the plan entitled "L-9 Planting Plan" dated 8/23/93. Section VI(E)(2) of the North Andover Wetland ByLaw & Regulations mandates that"at least 75% of the.surface area of the replacement area must be established with native wetland plant species within two growing seasons..... if these conditions are not met within two growing seasons the applicant must take corrective steps at the approval of the Commission." While planting was initiated late last summer and has not undergone one (1) growing season, it is the opinion of this Department that the t replication area as constructed is likely to fail in select areas. There is no evidence of r a „driving hydrology" nor do the soils reflect saturated conditions in the extreme western portion of the replication area. Please refer to the enclosed data collected in the field by this Department for further information; 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 C In addition, this Department inspected all wetland plantings for the entire replication area and delineated accordingly with blue field tape. This will facilitate future inspections by the applicant's biologist as required under the North Andover Wetland Bylaw. Correspondence from your office dated July 14, 1995 states that the landscape contractor has an obligation to warrant all work for one year from the date of acceptance. I believe it is prudent that we address this matter in detail now so as to avoid future problems; • Section VI(E)(2)(D of the ByLaw also mandates that"As-Builf' plans-of the replication area will be prepared by a Registered Land Surveyor and submitted to the Conservation Commission within 30 days after finish grading." I am not in receipt of these documents nor am I in receipt of"As-Built' plans for the wetland crossings or the project limits. Please comply accordingly. It is my opinion that the above referenced tasks can be satisfactorily completed by June 28, 1996. Failure to comply with this established deadline may result in more restrictive actions by the NACC. ff I can be of further assistance or if clarification is required please do not hesitate to contact this Department. Sincerely, Michael D. Howard Conservation Administrator encl. cc: Mr. William Scott,Director of Community Development and Services Kathleen Colwell,Town Planner NACC DEP-NERO 1 3SC r i � a A a4 W : '.' or OT T UN 4� �F cK s m*NArQS4-M. a ON mow' fi [. 1 , jW M?.. � - 11 I • S t:'%h•-' .S 1-5+ :'tit�-:-.";:"i'?�'ii:.'.:;'=';?`.'tii:::"�ia'.,�:i}`P?ti:..':`c?:ti:'.':':;.?�`:`:}:ti:i�i:i;:i':;:;i;:ir:i-i..iii^::_r�.1'.'•^::'.r_.i::�:;..'.C:?asi::i::,;ii";•.`,'i:'i'�?';i':i,;(;i':{::'.:'.iri.;:=.J:::i�`:=-�'::`~�'.;':c'.k•%iti5 g _ • �tiff:':�{is�.a,.;.:'y�},`�':.}:?:'i..:'.'.i{_�r:4isC'ii:r.`i.'.r}:�'�isi:}:r:�ii-':5.`i;;?;:.r�4:•; :ki':r..: . -�a'--:'jib;;:•;•i'•;' 1 11 =:5v :::N Yr S• :•':':fin.. :..�:: • =!i:� 3 n '..'.tits•...... • �'�'l:t•��.:•-5::'Y:Sut'�.tir,l•:�::.��I.::��.:;.;,..',:::�:::'•;�:.�;:i�'-.�;-::.j:�":::'.:.'��:':�:',:'�:�.:::.';�':i�:';.' .:J:::-.:.:::::'.:'::�:::.:_..."�'.:;:: i� r :•S:• G -2 I b0 •�• _ ••ts•�. f 6 �. 0 4SC L84000 .. V ANDS Et = ; ON WETLAND RE 3> "; PLICATI REA 8 ♦ :::t.:::::'::::::: 00 SF. : ::...:......:..„ WETLANDS REPLICATI(bN PLANTING SHALL BE FIELD ��' . I• . .. . - ':.:::::::.;:. LAN GCAPE ARCHITECT S ----- '`'` SEE []ET'- V E R I F IE,�$9 FOR `. !G PATTERN . f fib' E•A Vl Nos 22 t'c 9 3! E 1 t all . ara�a�a�a�w� a • - � � '�' . arao Was -IN a we IP re soil ara�araramarama,. 'mp* �� af■ a r ' . .. �. i a�aao _ _ aa�a�a. _s►��a� _ � ��i ~ate. • . .. .� •.t.' : • O _ • cr a �• •. 1: ..}:'tit=. 'jy ♦ Y ��. -- :�i'i '%i.,'k,-•jl :{biti..j..fi'• :6Y:: 1J a •r } all moo ago some a soil OMBIM., re lowsom own sow Soo was got �.too �y 00 • f•T CC 41 IN, IA I. f 13 of a covenant, easement, deed restriction, or other legal instrument a perpetual mechanism or fund for the maintenance or repair of the basin by the heirs and assigns of the property on which the basin is located. (b) The detention basin outlet works shall, to the fullest extent possible, be designed to be maintenance free, self-cleaning, and to deter acts of vandalism. (c) The detention basin inlet and outlet works,ishall be designed to avoid scour and erosion of the basin bottom and discharge channel . (d) Storage capacities shall be based on the volume of active storage above the maximum seasonal ground water level. Test pits will normally be required to determine the maximum groundwater level . D. Erosion control All plans shall show appropriate erosion control measures. A narrative erosion control plan and construction schedules shall be provided for all areas that will be altered within 1.00 feet of a resource area. Specifications shall be provided for both temporary and permanent ground covers . The erosion control plan shall describe all methods to control erosion and siltation on site, temporarily and permanently. Proposed location of any fill material which will be stored on site must be shown. Temporary erosion control measures will generally consist of double--staked hay bales and trenched silt fence. Erosion and silt from the permitted activities shall not cause an adverse impact on any wetland resource area or the protected interests. E. Wetland Replacement or Restoration 1. A complete wetland replacement or restoration plan shall be submitted prior to the close of a public hearing. Such a plan will meet all state and local performance standards and take all site-specific and Commission-directed issues into consideration. The plan shall be prepared by an individual with demonstrated experience in wetland science. The plan will include a description of the qualifications of the individual (s) who prepared the plan. The individual (s) who prepared the plan (or a suitable substitute) will be on site during construction of the replacement area. All wetland replacement standards shall apply to wetlands restoration. 2 In situations where there are aQ e alterna s that provide for fewer impacts on the wetland resource v-aTUes, Y the Commission may allow the loss, alteration, or temporary surface disturbance of uD to�''�aa cumulative l of five thousand (5, 000) square Teel o? res water we an 0 V 14 said areas are replaced, or restored in accordance with the a e e ons 310 CMR 10 . 55 (4) (b) and the following: (a) Wetlands replacement must be at least equal in size to the wetland that is altered. Replaced wetlands shall be made contiguous with existing wetlands . (b) Replacement areas must be constructed prior to other construction activity on site. T e Commission will cons er certain cases where this is not appropriate. (c) Wetlands soils from the filled wetland shall be excavated and used for the replaced wetland when these soils are suitable for such a purpose. (d) At least 75% of the surface area of the replacement area must be established with native wetland plant species within two growing seasons. No portion of the replacement area may have less than 50% wetland plant species that are indigenous to southern New England. Q� Invasive weed species will be disregarded in i Sti determining coverage. / (e) If the conditions of (d) above are not met within 2 growing seasons the applicant must take corrective steps at the approval of the commission. These may include regrading, planting additional vegetation, seeding or other steps as necessary. (f) No wetland replacement area will be certified to be in compliance unless it has survived for at least two calendar years. (g) A combination of natural re-seeding, transplanting and new plantings should be used to re-establish a similar vegetational community and structural diversity. (h) Replaced wetlands shall be monitored on an ongoing basis and written reports shall be submitted to the Conservation Commission at least twice each year. (i) As-Built plans of the replication area will be prepared by a Registered Land Surveyor and submitted to the Commission within 30 days after finish grading. 3 . The Commission may permit the construction and maintenance of a new roadway or driveway of minimum le al and ract' width acceptable to Planning Boar imensional standards, w er no alternative means of access from an existing public or private way to an upland area of the same owner is available. Replication of altered wetlands resources may be 15 required by the Commission to minimize adverse .impacts and to protect the interests identified in the Bylaw. 4 . Wetlands alterations intended to make lands buildable, as by fulfilling septic system setback requirements, flood elevation requirements, or other minimum construction setback requirements, or to achieve minimum lot area requirements, are prohibited. Wetland alterations required to access upland parcels will be not be allowed if that landowner landlocked the parcel by selling upland access . The Commission may require the filing of a request for a waiver of certain Planning Board requirements in order to minimize wetland impacts. SECTION VII - PUBLIC HEARINGS Public hearings on applications filed pursuant to the Bylaw and Regulations may be conducted simultaneously with public hearings held pursuant to MGL Chapter 131, Section 40, as amended. If the Public Hearing is continued beyond one month, it must be re- advertised at the Applicant ' s expense. SECTION VIII - PERMITS AND DECISIONS t A. DECISIONS As part of a permit issued pursuant to this Bylaw, the Conservation Commission shall impose such conditions as are necessary to protect the values of wetlands and buffer zones under its jurisdiction. If the Commission deems that the interests stated in the Bylaw are not adequately protected under the terms of the applicant' s proposal, the Commission may refuse to issue a permit. When the Commission votes to deny a permit, it shall issue a written decision. Permits approved pursuant to this Bylaw may be: 1. Combined and released within an Order of Conditions which may be issued pursuant to MGL Chapter 131, Section 40, as amended; or 2 . Issued separately. B. EXTENSIONS The Commission may .issue an Extension Permit for a period of one year provided that a written request for an extension is filed at least thirty (30) days prior to the expiration date of the Permit. Not more than 2 xtension Permits may be granted for a particular order 37Conditions. 16 (a) No request for an Extension will be granted unless the wetland is either re-flagged, or the original approved flagging is re-established in the field. The Commission may require a new filing, or the reopening of the public hearing, if the wetland delineation has changed from the original submittal . C. REVOCATIONS, MODIFICATIONS, AMENDMENTS 1, The Commission may revoke, modify or amend a permit issued under Bylaw and Regulations if any of the following circumstances occur: (a) The applicant and/or his successors fail (s) to comply with the terms of the permit; (b) New information relating to the project is obtained which indicates that previous information presented to Commission was inaccurate. (c) The project changes after completion of the Commission' s review. 2 . For minor project changes, the applicant may request, and/or the Commission may grant, a modification to an existing Order if the proposed change is considered minor or insignificant by the Commission. If the Commission issues a decision that requires a plan revision, a copy of that revision shall be sent to the Commission and accepted as a modification. 3 . For moderately-sized project changes, the applicant may request, and/or the Commission may grant, an amendment to an existing Order if that change can adequately be addressed by amending the existing Order. An amendment requires a reopening of the public hearing, 4 . For larger project changes, the applicant will be required to refile for a new permit. 5 . No request for a Modification or Amendment will be granted unless the wetland is either re-flagged, or the original approved flagging is re--established in the field, The Commission may require a new filing or the reopening of the public hearing, if the wetland delineation has changed from the original submittal. D. CERTIFICATE OF COMPLIANCE Upon completion of the project, the applicant shall request in writing from the Commission a Certificate of Compliance. . As-Built plans may also be required as noted in the order of Conditions issued on the project. ' The applicant or his representative must attend the scheduled meeting to answer any questions the Commission may have. Failure u { 040 �.s j 310 CMR 10.99 Form 5 a�F�.No. (ro os uwmw vy aeF)i --' GN.t'own North Commonwealth of Massacnusetts aouucant N.Andover ittee • - ' Calzetta School Site Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 . and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From NORTH C To owner) To {Name of pr❑pe wn o£ arch_ Andnorvler Srh�ni ('nm�j7 tt Dr. t �6 eofflAl isclVl 1Ty 675 Chickering Road 120 Main Street Adcress Nor Adoress This Oreer is gssued and defivered as follows: (daiei © by hand delivery tp aopiicam or representative on (daiel by certifier mail, return receipt reeuested on This project is located at Off Abbott Street The property is recorded at the Registry of Boo 2953 Page Certricate (if recistered) 2�3i-- The Notice of Intent for this protect was fifQC on June (datel The Cubfic nearing was closed on July 7, 1993 (date) Findings has reviewed the above-referenced Notice of The Intent arc plans anc nas neie a nuoliCheann5 on the cro c=• Based on the rniortraUcn avadaple tc the at this tjme, the has oeterrmned that the area on wnrcn the prcposea work is to be Cone rs srgndreant t❑the following interests an accerdance with Significance set form in the r_guia:ions:or earn Area Suafect to Prntec::on Under me the Presurratrons o�' Act tG eck as anVropriatel: Ch. 178 ❑ Prevention of erosion and sedimentation Pubiic water supply ❑ Floyd control ❑ t.artd containing shellfish Private wares suCptY ❑ Storm damage prevention ❑ Fisheries [� Ground water supply ❑ Prevention of pt�llutta Ch. 171 Protector of wildlife habitatCh. 178 ❑ Wildlife ecreation Slate S..hare ,Total Filing Fzee Submitted (tF fee in excess c1 SZ�i CityrTawn Share State Pnrttar S Total Refunc Due City/Town f3ortsan 5 (1/2 total) (`/z total) 9 1 #24:2--664 School at Calzetta Farm 2 Therefore, the North Andover Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations and the requirements of the Town ByLaw, to protect those interests checked above . The North Andover Conservation Commission (hereafter the "NACC" ) orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above . To the extent that the following conditions modify or differ from the plans, specifications or, other proposals submitted with the Notice of Intent, the conditions shall control . GENERAL CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2 . This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights . 3 . This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal , state or local statutes, ordinances, by--laws or regulations . 4 . The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act and/or the Town ByLaw; (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5 . This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6 . Any fill used in connection with this project shall be clean fill , containing no trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7 . No work shall be undertaken until all administrative appeal per from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. #242-664 School at Calzetta Fam 3 8 . No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry' s Grantor Index under the name of the owner of the land upon which the proposed work is to be done . In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done . The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 9 . A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 242-51B" . 10 . Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department . 11 . Upon completion of the work described herein, the applicant shall request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12 . The work shall conform to the following plans/documents : (a) Notice of Intent prepared by DiNisco Kretsch Associates for the Town of North Andover, 10/13/89 (b) Stormwater Detention Report, Prepared for William Pressley & Assoc . by Environmental Design & Planning. , 2 October 1989 . (c) Soil Boring Date, Soil Exploration Corporation for DiNisco Kretsch Associates . (d) Site Plans, Calzetta Farm Site by Richard Kaminski and Associates, 9 sheets, August 21, 1989 . (e) Letter from DiNisco Kretsch -to R. Doucette dated 11/6/89 . 13 . The following wetland resource areas are affected by the proposed work: bank, land under water and bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above . These resource areas are also significant to the recreational interests of the Bylaw . The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests . #242-664 School at Calzetta Farm 4 14 . The NACC agrees with the applicant ' s delineation of the wetland resource areas on the site as shown on the plans dated 15 . The Commission applauds the applicant ' s driveway and parking design, which has the effect of minimizing the impact of the driveway and parking upon the wetlands which are located in close proximity to same . PERFORMANCE & DESIGN STANDARDS 16 . No earthen embankment in the buffer zone shall have a slope steeper than 2 : 1 . Any slopes of steeper grade shall be rip- rapped to provide permanent stabilization. Slopes on the inside of the proposed detention basin shall be no steeper than 3 : 1 . 17 . All effluent catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. 18 . The NACC finds the applicant ' s proposal for 4000 sq. ft . of wetland replication to be adequate . The Replication areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence . But finds the plan lacking in detail . Accordingly, prior to the start of construction on the site the applicant shall submit a comprehensive wetland replication plan which meets the requirements of the Wetlands Protection Act and NACC policy. This plan shall be reviewed and approved by the NACC prior to its implementation. 3 CHANGES u 19 . Any changes in the submitted plans, Notice of Intent , or resulting from the aforementioned conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said- changes to be significant, the NACC will call for another public hearing (at the expense of the applicant) . within 21 days g. of the close of said public hearing the NACC will issue an amended or- new Order of Conditions . Any errors found in the plans or information submitted by the applicant shall be considered as changes . 20 . The proposed project may be still under review by other local or state boards or agencies . This may result in changes to the project plans or wetland impacts . If any such changes occur, a final set of plans and a letter from the professional, engineer, land surveyor or landscape architect who prepared these plans shall be submitted to the NACC for review and approval prior to the start of construction. Said letter shall describe any and P #242-664 School at Calzetta Farm 5 all changes between the final plans and those reviewed and cited above by the NACC. No work shall begin on a project until written approval has been granted by the NACC. CONSTRUCTION 21 . The applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange, an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor' s written contract . The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 22 . Prior to any activity on site, the applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project . 23 . The applicant shall submit, to the NACC, a written progress report every 2 months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence listed above . 24 . Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that required erosion control measures between construction activity and wetland resource areas can be properly placed. 25 . Prior to any activity on the site, a filter fabric fence backed by a single row of staked hay bales shall be placed between all construction areas and wetland areas per Soil Conservation Service or D.E . P . standards . This siltation barrier shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC shall be implemented at the direction of -the NACC. 26 . The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales . Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion . 27 . Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by #242-664 School at Calzetta Farm 6 sodding, or by foaming, seeding, and mulching according to Soil Conservation Service standards . If the latter course is chosen, stabilization will be considered once complete vegetative cover has been achieved. 28 . No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 29 . There shall be no stockpiling of soil or other materials within twenty--five (25) feet of any resource area. 30 . After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam) , limed, fertilized and seeded. This shall all be done in accordance with SCS guidelines . All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 411 of quality loam. 31 . During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. Sf. there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant as soon as practical . No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area . 32 . Washings from concrete trucks, or surplus concrete, shall not be directed to, or dumped in, any drainage system or wetland resource area. 33 . All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means . The applicant shall maintain dumpsters at the site for the storage and removal of such spent construction materials off-site . 34 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project . OTHER CONDITIONS 35 . Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions . The NACC reserves the right to require, following field inspection, additional #242-664 School at Calzetta Farm 7 information or resource protection measures . 36 . Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage . 37 . No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This Condition shall survive this Order of Conditions, and shall run with the title of the property. This condition, is issued under the authority of the Town of North Andover' s "Wetland Protection ByLaw. 38 . Fertilizers utilized for landscaping and lawn care shall be of the low-nitrogen content variety, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area . This condition is issued under the authority of the Town of North Andover' s Wetland Protection ByLaw. 39 . In addition to the requirements of Conditions No. 11, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer, Land Surveyor, Landscape Architect] , certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions) . A stamped "As--Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. This plan will include : a . "As-Built" elevations of all drainage ways constructed within 100 feet of any wetland resource area. b . "As-Built" elevations and grades of all filled or altered wetland resource areas . C . Distances to all structures and elevations within 100 feet of any wetland resource areas . 40 . The following special conditions shall survive the issuance of a Certificate of Compliance for this project : 17 . Maintenance of catch basins . 31 . Discharge or spillage of pollutants . 37 . Prohibition of storage of fuels underground. 38 . Limitations on thEF*use of fertilizers, herbicides and pesticides . f Issued By North `dover Conservation Commission Signature(s) G ` 0 ` dVW rl� This Order must be signed by a majority of the Conservation Commission. On this QU f day of 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he.she executed the same as his/her free act and deed. ..� s- y Notary Public My commission expires The aoo;=Ffnt,she owner.any person aggrieved by this Order,any owner of land abutting the land upon which the oroocsea work is td be none.or any ten re5€r+-snts of the city or town in which such Lana is located,are hereby notified of their right to request the Deoanmeni of Environmental Protection to issue a Superseding Order, providing the request is mane by cenified mail or hand oel€very to ine Deoanment, with the appropriate filing fee and Fee Transmittal Form as crov€aed in 3€0 CMR 10.03M.within ten days from the date Of issuance of MIS Determ€nanon.A copy of the request shall at the same time be sent oy cenified mail or hand delivery to the Conservation CGMMIS51dn and the applicant. . i If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach an potted line an'�'submit to the North Andover Conservation Comm. prior to commencement of work. ....................................................................................................................................................................................................... To North Andover Conservation CoMmission 'ssl:,nt kutndrriv Please oe advised that the Oroer of Conditions for the protect at CalZEtt'a`Srhnol Sd-Le -- _ 9deraumaer 242- ,iasDeenrecorcedatimeR-cistyof Deeds,_ North Essex Jnc has been noted m the chain of tine of ine aflectea Crooerry In acCoroance with General Conoitlon a on 19 If reCorOed land, ine Instrument numoer which idnndlie.S m€5 ran-sact3on iy If regisierea land. the CoCumeni numoer whrcn identifies this mansacuon is :Icna!ure