HomeMy WebLinkAbout1990-03-14 Order of Conditions 242-523 3/14/1990 t 2
310 CMR 10,98 ` 6
INN �7 � ' i
Form 5 €� � � DEP Nio No, 242 523
APR 4 (To be nrvwJrd by DEP)
r= North Andover
Commonwealth -,. t CiIv Town
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c -it of Massachusetts I r��' Bayf ield Company --
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~, `# 2070 Turnpike St. ,
Order of Conditions i
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION COI,IMISSION
To Bayfield Company Riding Realty Trust
(Name of Applicant) (Name of property owner)
242 Neck Road, Haverhill, MA 242 Neck Road, Haverhill, MA 01830
Address 01830 Address
This Order is issued and delivered as follows:
U by hand delivery to applicant or representative on April 10, 1990 (date)
by certified mail, return receipt requested on — )date)
This project is located at Lots 1,2, & 3 Turnpike Street, No. Andover, MA
The property is recorded at the Registry of six
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Book 1918 _Page 2 11
Certificate (if registered) ---- - --- —�
The Notice of Intent for this project was filed on February 5, 1990
The public hearing was closed on march 14, 1990 (date)
Findings
The North Andover Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the rnlorrnation ad31laDle to the
•NACC at this time, the has determined that
the area on which the proposed work is to be done is significant to the following interests in accoraance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
A,�r�t(check as appropriate):
LJ� Public water supply 9/ Flood control ❑ L<nnd containing shellfish
�� Private water supply Prevention
darnage prevention ( j Fisheries
Ground water supply Prevention of pollution to Protection of wildlife habitat
Total Filing Fee Submitted $
725.00 State Share _$350.00�
City/Town Share $375.00 (V�- fee in excess of S25)
Total Refund Due S City/Town Portion S State Portion S
(4/2 total) (1/2 total)
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#242-523 Turnpike St. (##2070) , Bayfield Company 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 one
year from the date of this order (under the Town Bylaw) and three
years (under the State Act) 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 one year 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
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
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#242--523 Turnpike St. (#2070) , Bayfield Company 3
'8 . No work shall be undertaken until both the Final Order and
the Conservation Easement shown on the 3/21/90 plan 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 242-52311 .
10. Where the Department of Environmental Protection 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) Plan: Site Grading and Utilities dated 3/21/90 (easement) .
(b) Plan: Site Grading and Utilities dated 3/9/90 .
(c) Plan: Site Grading and Utilities dated 2/14/90.
(d) Plans: Site Grading and Utilities Site Details both dated
2/2/90.
(e) Plans: Site Grading and Utilities, Pre and Post Development
Hydrology both dated 2/2/90.
(f) Site Report/Wetland Replication Plan, January 1990 prepared
by Wetlands Preservation Inc.
(g) Hydrologic Analysis and Notice of Intent dated 2/2/90 .
The following plans/documents were received and considered:
(h) Letter to Chris Huntress from Jim Bourgeois dated 2/12/90.
(i) Letter to NACC from Mr. & Mrs. Hamilton dated 2/10/90 .
(j ) Letter to Mr. & Mrs. Hamilton from Richard Doucette 2/12/90.
(k) Letter to Paul Tariot from 8 abutters dated 2/9/90.
(1) Letter from Jim Bourgeois to Richard Doucette dated 2/9/90.
13 . The following wetland resource areas are affected by, and/or
within the 100 ' buffer zone of, the proposed work: land under
water, bordering land subject to flooding, and bordering
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#242-523 Turnpike St. (#2070) , Bayfield Company 4
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.
14 . The NACC agrees with the applicant' s delineation of the
wetland resource areas on the site as shown on the plans dated
3/21/90.
PERFORMANCE & DESIGN STANDARDS
15 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a- building and
parking lot will cause further alteration of the wetland resource
areas during the construction activities. In order to prevent
any alteration of wetland resource areas beyond those proposed in
the Notice of Intent and approved herein, a twenty-five (25) foot
no-cut zone and a fifty (50) foot no-construction zone shall be
established from the edge of the adjacent wetland resource areas
except where shown.
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.
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. All catch basins shall
be free of all accumulated silt and debris before a Compliance is
issued and the owner or his/her agent shall so specify in the
request for a Compliance.
18 . The NACC finds the applicant' s proposal for 5000 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.
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
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.
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4242-523 Turnpike St. (#2070) , Bayfield Company 5
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, i
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
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 three 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 barrier will be
placed as shown. 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.
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W242-523 Turnpike St. (#2070) , Bayfield Company 6
•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
sodding, or by loaming, 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 4" 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. If 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.
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#242-523 Turnpike St. (#2070) , Bayfield Company 7
'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
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 . The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control .
40 . A proper bond or a deposit of money or negotiable securities
running to the Town of North Andover shall be provided in the
amount of $25000 . 00 which shall be in all respects satisfactory
to Town Counsel, Town Treasurer, and the NACC, and shall be
posted with the North Andover Town Treasurer before commencement
of work. Said bond or deposit of money shall be conditioned on
the completion of all conditions hereof, shall be signed by a
party or parties satisfactory to the NACC, and Town Counsel, and
shall be released after completion of the project, provided that
provision, satisfactory to the NACC, has been made for
performance of any conditions which are of continuing nature.
The applicant may propose a bond release schedule keyed to
completion of specific portions of the project for the NACC' s
review and approval . This condition is issued under the
authority of the Town of North Andover' s Wetlands Protection
Bylaw.
#242--523 Turnpike St. (#2070) , Bayfield Company 8
41. 1n addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer or Land Surveyor 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.
42 . 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 the use of fertilizers, herbicides
and pesticides.
D.B.P, i<j242- 523 }. #2070 Turnpik, street Bayfield Company
Issued By NORTH ANDOVE Conservation Commission
Signature(s) P4VW
This Order must be signed by a majority of the Conservation Commission,
On this 14th day of ]`larch 19 90 be{ore me
personally appeared Paul L. Tariot , to nee known to be the
person described in and who executed the foregoing instrument arid acknowledged that helshe executed
the satT1> as his/her free a and ed.
September 4, 1994
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Not ry Public Marie L. Boudrot My commission expires
The applicant,the owner,any person aggrieved by this Order,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 Department of
Environmental Quality Engineering to Issue a Superseding Order,providing the request is made by certified mail or hand delivery to the
Department,with the appropriate filing lee and Fee Transmittal Form as provided in 310 CMFI 10.03(7),within lon days from the date of
Issuance of this Order.A copy of the request shall a1 the same lime be sent by cedihod mail or band delivery to the Conservation
Commission and the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint roust be filed in Superior Court,
North Andover Conservation Comm.
Detach on dotted line and submit to the __-_-_ _ prior to commencement of work.
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To Issuing Authority
Please be advised that the Order of Conditions for the project at
File fJumber 242-- 523 has been recorded at the Registry of Deeds and
has been noted in the ohain of title of the affected properly in accordance wilh General Condition a on , 19_____
If recorded land, the instrument number which identifies this lrasssacbon is_
If registered land, the document number which identifies this transaction is
Signature Applicant
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