HomeMy WebLinkAbout1988-04-19 NOI & OOC i
i
NOTICE OF INTENT
DRAINAGE CALCULATIONS
Safe IN, Sound
August 13 , 1987
CAL-1
RICHARD F. KAMINSKI -ASSOCIATES, INC.
kRCRITEC'ES E*1Gfr4Ff3tfi SURVEYORS . LAND PLANNERS 0 }G��71
JOB NO-
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RICHA RD F. KAM I N SKI ASSOCI ATE, , IN C.
AR FiI�`fr[=9:5 • rfNGI NEE R`i • S1JkVEYORS LArgD P[-AMNERS
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CWITT
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(To b4!�fin*-ovidod by UE0 ,y
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Order 0 Condiflotis
Massachusetts Well, art's Protoiction ,act
G �.. c. 131,
and utider tl-Le Town- of No it- tad e-r ,Byla.w, ChapLer B
ronr O TR ANDOVER CONSERVATION COWITSSWN
JOHN B. T'ODD,, LAC .SUS C
To
(hums of Appil nt) ;� ne o f roperty ,"er)
15 Wi.pward Rd- , P,O. Box 596,
Address. Lome.]1 1852 Address 8 Adrian t. - N� _�r��t�a er y tt
This Order Is,Issued and d livered as tollows;
hand dehl�a�nh app0cant
r representative' on1
The property Is recorded at the Essex
[ 131 page
(11 registered)
The t�atiae rnt Internt for this roje t s thh ,d r� na. Gdata)
The public hearing s closed on
September 23, 1987 (date)
Findings
7tt North , n�dover Conservation C�oT�mlSs1;oTl _has re dove .t hh a above-referenced Notice of
n the pr�a ran theGrrterrrnallon available Go the
.Irr�t�rr��and plans and err held � public lr��as�rn� eCGm Based� -
NACC at this tir�Ve,� the N Cry has delermlin id that
[liearea on,r�I1Jlch the prop od car Is to be ono I lU nGfl arnt It, thol'o,1ll '1rt Interests In ai ldartce with
ffie Presumptions lot , lig nif"cance set foirth'n In the f e u lalio ns for„ adfi A11 ga Subject to Projection Under the
Act (01ock,as appropriate), :ry
Public,water su:pply I33� S16irm damage p0verntl n
5d P'rivateak f SupplyPrevention of polhAlOrl'
I round water r Supply 0' Land contalinIng shellhtlish
{1x reef I re A ltcrclry fund;, 113.11 Ihe- following conditions fro
necessary, in acccrdance•wilh the PeFJOMIael c' Stanclard; seR Ior111 ill IIIf, reguta ion 3, 10 pr01ecl lho54� idler-
ests checked above. Tho . . _ NACC GFdCFS lh it'rerl work stall be performe3j
in accordance with said Conditions and +rti•r h.lhic* Nolice of Intent rerefenced above. To the exinnl that the fof-'s
iDWing conditions modify or di If er frorn the planr,. Spccificrt7boii; Or 01h^r proposal; SubiniIIed with the NoIice
of Irllent, lice condrtrons shall control.
G.onerAt Conditions
i . Fallure to eompiy with aCl cof ddions slaked hCf' fl, r F1d with ail relalod slatotes and other regulalory fneas-
ui-c.5, stall be defined cakese to revoko or modify IN!; order,
2. This Ordef dQeS 1101 grsant any prop efIy rig lit s or nnyf exclai Ivc privilegC9' 31 does no auIIIoflze arty injury
to private properly or invasion of pfiv;,Re righIs.
3: This Order does not relieve [tie perfrrI lee or any other person of the ncccssily of complying with all
other applicable reddral, slate of local slrrlkrles, ofdia r, aces, by-laws or fecjuialions,
A. The work authorize8 hereunder shalt be completed wilh.in hire(- Years from lho dale of this Order nrrleSs
cuter al the following apply'
(a) Ilse voofk is a malnienance dfedUing.prajecl as provided for In thn Act; or
(b) 11�e lirran f ur coral lellan Is:rs br cfs ex#errs c d io:� ;1xc'r;iii ci ft;}lo n�orci 113��rr� Rktrco years, k�R less 13t�'rr
live years, from the date of Issuance and both flirt dale and the spacial cifcurns lances warfanfrng
the ex!ended lioie period are-sel forth iri lhi-, 0fdor.
S. This Otdcf irmy be extended by 1110 issuinr}Irutlrofily fur 0110 of MOM, PEN iOdS of kxp I(Ilhrec years cads
upon applicalian to the IsSWng aulhorily M lensl 30 days prior to the expiration dale of litre Order. _
6, Any fill ktscd in corrneclioel wilts Ilias pro proj ect ..trail be cican fill, conl;sariil}rf no 1Fash, refuse rubbish or de-
brir,, lricludinq llol nol limiled tolurnber, Wcks. pkisl or, wire; lath. paper, cardboard, pipe, life5t rites,
ref rlgcrators, Molor Vehicles or parts of any of tt?o forCquinrg.
7, . No work shalt be undertaken until aI€aC.Ieiririi3trative appeal periods-from-tlkis Order have eIapsed Of, IIf
such an appeal has been filed, until all proceedings before 11he Department have been completed.
3. No work shall be undertakers until I110 f=irkal Order has bccn recorded ir) tiro ReUislry of Deeds or the Land
Court for Vie district in WhIch lhi3 land i5 Iocalod. wilh4i 11ke, chain of title of the affected properly- lrl the
i aasc of recorded land, the Final Order sikall also be r)oled in Elie Registry's Oranlar Index under the Pa ne
of the owner of the land upon which the proposed wofk is to be cone. In the case of registered land. the
Fim)l Order!.steal! also be holed on the UF)d Coral CeFlificalc of 1-111e of Ilse owner of the land upon which
the pfapoaed wofk is-to be done, The fecording shall be r;ubmilted to 11w, _ __ ACC
on the farm al Elie end of this Order prior to co€ii bencement of Ilse work,
9, A sign shall be dispiayed al thr: silo riot Icss than two SgVaro f c c l or rnorc Ihan three square f eet W siza
bearing the wofds, "Ivtassachuselts Department of Eovirowneefiat Quality Itrigirleering,
10. Where Elie Deparlmk of Environmental OuAlly Enojlnoofing Is f ectueMed to make a delermlhallon and
Io issue a Superseding Order, Zhu Conscirwfflon orelmis lof) Shall be a party LjgenCy
PfocCC{finas
and hearings before thu Depadmeni. f
11 . Upon complelion of tho work described homilt, (ho appt€dint s,I a€I forthwith request.in writing that a
+- rover k 'stake of orn�sllart c �❑ �S5ucd slating [lilt the wort I= been satksfactofil completed.
12, The work shall oonIofm I the faiiowing JA'lEls a ;;pfirkal c 11dil14rjr1s:
Page 3
OPJDE,R OF CONDITIONS SAFE "N91 SOUND MINI-STORACE D.E.Q.F. #242--428
12. The work shall conform W the following plans and additional Conditions:
a. Notice of intent of John B. Todd, prepared by
Richard f. Kaminski & Assoc. , dated August 4, 1987,
Ten (10) pages, including "Drainage Calculations''
Three (3) pages.
b. Plan Entitled "Proposed Construction for. . .Safe "N"
Sound Mini Storage", prepared by Richard F. Kamin8ki
and Associates Inc. , dated April 2, 1987 and revised
April 24, 1987, ,tune 15, 1987, July 31 , 1987 and
August 21, 1987 Four (4) pages.
13. The NACC has determined that no uetland replacement area will be required
or allowed for this project . The putential damage to existing wetlands
during construction of the proposed small wetland replacement area
outweighs any potential benefit.
14. The following wetland resource areaN are affected by the proposed work: '
bank, land under water, land subject to flooding and bordering vegetated
wetland. These resource areas are sigpificant to the interests of the
Act and Town bylaw as noted above. 'these resource areas are also signifi-
cant to the interests of the Act and Town Bylaw as noted above. These
resource areaA are also significant to the wildlife and recreation
interests of the Bylaw. The applicant has not attempted to overcome
the significance of these resource areas to the identified interests.
15. The NACC agrees with the applicant's delineation of the wetland resource
areas at the site.
lb, in advance of any work on this project the applicant shall notify the
NACC, and at the request of the NACQ shall arrange an on-site conference
among the NACC, the tuntractur, aW the applicant to ensure that all of
the Conditions of this order are understood. This Omer also shall be
Stacie a part of the contractors written contract.
17. The applicant, or its successors, shall notify the NAt:C in writing of the
identityof the on-site construction supervisor hired to coordinate
constur.ction during the work on the site and to ensure compliance with
this Order.
18. Commencing with thn issuance of this Order, and continuing through the
existence of same, the tapplicaut shall submit to the NACC a written
progress report every three months detailing what work has been done in
or near resource areas, and what work is anticipated try he done ever
the next period.
19. Prior to any activity on the site, a filter fabric €enue or andouble row
of staked hay bales shall be placed Between all construction areas and
wetland areas per Soil Conservation Service or D.E';. .E.standards. This
barrier shall be inspected and approved by the NACC prior to start of.
construction. This row of hay bales or filter fabric shall remain intact
until all disturbed areas have been mulched, senAed, and stabilized to
prevent erosion.
Wage 4
ORDER OF CONDITIONS SAFE "N" SOUNn MITI STORAGE DEgE #242-425
Lot 1B Salem Turnpike
20. The applicant shall have on hand at the start of any soil disturbance,
removal or stockpiling, a minimum of fifty (50) hay hales and sufficient
stakes for staking these bales. Said bales shall be used only for the
control of erosion, as described in the Eyosion Untrol, Plan submitted
with the Notice of Intent or the hay bale barrier descarIbed in
Condition No. 19.
21. Upon completion of const'rucL'ion and grading, all diaturhed areas located
outside resource areas shall he stabilized permanently against erosion.
This shall be done either by sodding, or by loaning, seeding, and mulching
according to Soil Conservation Service standards. If the latter course
is chosen, stabilization will be considered once the surface shows
complete vegetative cover has been achieved.
22. No earthen embankment in the buffer zone shall have a slope steeper than
2: 1. Any clopes of steeper grade shall be rip -nipped to provide
permanent stabilization.
M All erosion prevention and sedimentation protection mcasures Wnd necessary
druing construction by the NACC will he implemented at the direction of the
NACC.
k. ,There shall be no stockpiling of sail or other mateirals within 25 twenty-
five feet of any resource area.
25. During and after work an this project. there shall be no discharge or spillage
of fuel, ail, or other pollutants into any resource area.
26. Any changes in the submitted plans, Notice of Intent, or resulting from
the a}foiremeutioned Conditions must be sHmitted to the NACC for appruval.
prior to implameDtatfop. If the NACC finds, by majority vote, said
changes to be significant and/or to deviate from the oirigfinal. plans;,
Notice of Intent or this Order of Conditions to such an extent that the
interests of the Yetlands Protection Act and Bylaw cannot be protected by
this Order of Conditions and would best be served by the Issuance of
additional Conditions, then the NAW will call for another public hearing,
within 21 days at the expense of the applicant, in order to take tenimony
from all interested parties . Within 21 days of the close of said public
hearing, the NACC will issue an amended or nLw Order of Conditions.
27 . Any errors found in the plans or ±nformation submitted by the applicant
shall he considered as changes, and procedures outlined above for changes
small be followed.
28. In cunjunctiun with the :gale of this lot, the applicant small submit to
the NACC a signed statement by the buyer that he is aware of an outstanding
Order of Conditions on the development and has received nati.ce tinder
Condition No. 34 below.
29. Members of the NACC shall have the right to enter S pun and inspect the
premises to evaluate compliance with this order of Conditions.
Page 5
ORDER OF CONDITIONS SAFE " " SOUND MINI STORAGE DEQE # 42 -428
Lot 1B Salem Turnpike
30. Accepted engineering and construction standards and procedures shall
be followed in the completion of the project.
31 . The provisions o£ thig order shall apply to and he binding upon the
applicant, its employees, and all successors and a8signs in interest
or control.
32. issuance of these Conditions does not in any way iMply nr certify that
the site or downstream areas will not he suh,ject to flooding, storm
damage, or any other form o£ damage due to wetness.
33. A proper bond or a deposit of mcny or negotiable securities running
to the Town of North Andover shall be provided in the amount of 5,UU0.00,
which shall be in all respects satisfactory to Town Counsel, Tuwn TreaBurer,
and the NACC, and shall be posted with the 'Treasurer of the Town of North
Andover before commencement of wort. Said band or deposit of money shall
be Conditioned on the completion of all Conditoos hereof, shall be signed
by a party or parties satisfactory to the NA&L' and Tuwn Counsel, and shall
be relea8ad after compAtion of the prQect, provided that provision,
satisfactory to the NACC, has been made for performance K any Conditions
which are of a continuing nature. This Condition is issued under the
authority of the 'Town of north Andover Wetlands Fratectinn Bylaw.
34. In additon to the requirements of Conditions No. 11 , the applicant shall
submit a letter to the NACC from a registered pr€ fessional civil engineer
certifying compliance with this Order of Conditions. Said setter will
certify, but not be limited to the following:
a. "As;- Built" elevations of all drainage ways
constructed within 100 beet of any wetland
resource area.
h. "As-Built" elevations and grades of all filled
or altered 'wetland resource areas.
c. Distances to all structures and alterations within
100 feet of any wetlaud resource areas.
An "An-Built" topographic plan of all areas ulthin the jurisdiction
of the Wetlands Froteciton Act and bylaw shall be submitted when
a Certificate of Compliance is requested.
35. The utilities for this site shall not be constructed as to pass under or
through any wetland resource areas on the site except as shown on the
plans referenced in Condition No. 1 b.
36. All ef.fjuerit catch basins shall uomain oil f gasoli€e 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.
Page § :
ORDER OF CONDTIONS SAFE "N" SUS D MINI STORAGE DEQ £242-428
t 1B - Salem Turnpike
37. No underground storage of fuel oils shall be allowed within on-heared
(1 ) feet of any wetland resource area. This Condition shall survive
this Order of Conditions, and shall fun with We rites of the property.
. Fertilizers utilized for landscaping and lawn care shall to of the low
nitrogen content variety, and mm11 to used in moderation. Pesticides
and herbicides shall not be use of any lot in the subdivision within
one-hundred (! ) feet of a wetland resource area.
� � k k � k , � ■ k
DEQE J)ZIj2--428
Lot 3 Turnpike StTeet
Ia ued f yr Conservation Commission CansuFvatlon Cornmission
signatVre(s)
This Order must bra signed by a major Ily of ilia r"an onvation l"ommisslon.
n this- 3r� day of Se tertibe-t I g' 87 ..... , beforo mo
personally appeare+i Jactc indon . to me knot n to he 1ho
pe{son desc rib Pd In nd who executed the toregoinp Ins tra.ment and acknowledged thzit lie/she axe uled
the some as hislher tree art and deed.
elary ubl1 Mynornmisdan ex 1res�
r
The epplicaxni,iha owner.any person epiarfoved by Airs Order,any owner of land r1Ewfting#fse IQnd Upara which I'te pfopasedwo+k Is to
be dgno or Nly ion residents of the oily or lown rn whfeh sucit land is Iocided ara haroby eouoed of ihelr rfghl io request 01e 0DPa►bnent
of EnvlronmenW Okiatity Enolneedag to Isaua a Suparaadfng Orifar,prowIdlnp irto fequost Is ma cfo by cerwicd Mftil or hand deifvery W
iher oermrlmant wiOM Ian days Irom The date of issuance of vii!i ordar.A copy of lhlu tewGs1 ahelr'It the same time be s-Ent by sertitied
' t MrI or hand derlvory io the ConserVellon Cammfse tun eeld the epplroant,
If yuu wi0i to {appeal this decisic,to u der the 'town by Law, a complaint Dust be
filed in -Superior Court.
Detach an datiad;Ilrs■nd submlt W the NACU: prior la cornmencemant ul wrork.
.... .. ...........__.,._.........,,........»...w....................... .............., ............... .................................., ............ ............ ....
pieiL"be sd+flead that Iho Order of Condli€ores for lire Profool e
FUNtsmW 24 -478.. .---MtbaonrecWisdaiIhlt AaoleIryo1 and
tras been noia d In ilia OWn of ttiis 01 the ati We d property in accordance wlih fi aneral O*ndltloq 8 one
i1 ruawded eared, the votfumeni number which Identities twa iraneactfon lec
if feplslered Md, the docuTant nimlbar which Ideaffles this transaction is
�Applicen4,
ignaituro