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HomeMy WebLinkAbout1985-06-28 Order of Conditions 242-271 6/28/1985 D � i "pEFiiallo- =M271 (To he provided by MOE) North Andover =' Commonwealth i;ity/Town --- <f _ - - of Massachusetts LANNIN Applicant Elm Sq Square Builders Order of Conditions ! Massachusetts Wetlands Protection-Act [[ and under the" Town' of North Arid over- ByIaw,i Chapter 3.5 A" & n` From Nort;.li Andover Cons ervat:3.on, ComitilsqjQi i To Elm S(ptare I3i.i1.1de-rs 5�:�1v�tt or.e J, & 1"Iary J . Sin pienza •-- •• (Name of Applicant) � ( Naii,i of property owner) 1. Ll.iii Scluat-G 135 Ear,t- t1averhil.1 Street; Address �',nriovc'r ii�� t�l_Fil.O Address__L,twrenr_e , MA �1. 42 This Order!s issued and delivered as follows: O iby hand delivery to applicant or representative on (date) © by certified mail, return recoipt requested on. .ltine 71R -1 9f55 (date) This projecWs located a I�z7 t"'s 1. & 2 Salem S t"ree t_ The property Is recorded at the Registry ofEssex 1'io>"t 1T Boo 792 Page 1.3.4 Certificate (if registered) The Notice of Intent for this project was.filed on Ma`%7 74 1. )S5 (elate) The public hearing was closed on JT.InQ. 12. 0 1915 „_ (date) Findings The "� ha^ •evi,wed the above-referenced Notice of , Intent and plans and has held a public'hearing on the project. BasE�on't a Information available to tho f d�1G'C at this time, the NACC has determined that the area on which the proposed work is to be done Is significant N the fe"owing Interests In accordance with the presumptions of Significance set forth In the regula�lons for,each A-,,nn Subject to Protection Under the Act (check as appropriate); M Public water supply M Storm damage prbventlon © Private water supply n Prevention of pollution' 0 Groundwater supply ❑ Land containing shellfish Flood control ❑ Fisheries .. w ORDER OF C01\10-ITIK I &. 2 Saletn , S t- . t 242-271, 95 ; Therefore, the NACC hereby line's that the following conditions are necessary, In accorc once with the Perfo once Standards set forth In the regulations, to protect those inter• ests chocked above,+�The IVl1GC, orders that all worts shall be pertomted In accordance with said conditions and with the Notice of Intent referenced above.To the extent that the lot?, lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. G•noral Conditions :* t. failure to comply'with all conditions stated herein, and with all relatod statutes and gther regulatory meal• ures, shalt be deemed cause to revoke or modify this Order. ' 2. This Order does not grant any property rights or any exclusivQ 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 complyl!'Ig with 04 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; or (b) the time for completion has been extended to a specified date more than ttAree years, but less than ' five years, from the date of Issuance and both that date and the special circumstances warranting the extended lime period are set forth in this Order. 5. This Order may Odextended 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 explratlon date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or do-*.' E bris', including but not limited to lumber, brtcks,.plaster,wire, lath,"paper, cardboard, pipe, tfres,ashes, refrigerators, motor vehicles or parts of any of the foregoing, 7. No work shall be undertaken until all administrative appeal period;t�r•om this Order have elapsed or,If ; such an appeal has-been flied, until all proceedings before the Department have been completed. 8. No work shall be undertaken unlit the Final.Order has been re orded in the Registry of Deeds or the Land R Court for the district In which the land Is located, within the chafe of lilts of-the affected ro p pe rty.In the case of recorded land, the Final Order shall also be noted In the Reglstry's Grantor index under the nrune f' 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 77tio of the owner of the land upon which ` the proposed work is to be done. The recording information shall be submitted to the NACC on the form at the end of this Order prior to commencemeQt 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 quallty Engineering, File Number 242-2 71 10. Where the Department of Environmental Quality Engineering Is requested to make a daterminatlon and to issue a Supemedfng Order, the Cc nservatlon Commission shall be a party to all agency proceedings and hearings before the Department. ; 1 1 , Upon completion of the work described herein, the applicant shaft forthwitp request in writing that a ' Certificate of Compliance be issued stating that the work has been sallsfactorlly rompleted. 12. The work shall c�nform to the following plans and special condillons: 5.2 �•� t 1 ORDER OF CONDITIONS : Lots I & 2 Salem Street 242-27). a. Notice of Intent submitted by Elm Square Builders , prepared , by DiPrete, Marchionda, & Associates , Inc. dated May 21 , 1985 . Forty-two (42) sheets . b. Flan entitled "Proposed Grading and Erosion Control Plan in North Andover, MA for. Elm Square Builders , " dated May 1985 . One (1 ) sheet. 13. Prior_ to any construction on the site, the applicant shall : a . submit- a copy on a Board of Health approved subsurface disposal system, and b. st.lbmi_•t a detailed construction schedule/se,,uence and erosion control plan for the project. 14. Prior Lo any construction on the site, a double row of, staked hay ladles shall be placed between all construction areas and � wetland areas _is show,i on the plan noted above. (condition 12). } 1.5 . Upon. completion of construction and grading, all areas shall bo stabtl.l-ed permanently against erosion. This shall be done viLher by sodding, malching according to Soil Conservation Service standards , or by loaning and seeding. If the latter colir e is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 1.6 . All coTisl-ruction work small conform to the erosion control plan and construction sequence/schedule noted above -(condition 13b) . 17. All erosion prevention and sedimentation protection measures found necessary during cons Lr'uction by the North Andover Conservation Commission will be implemented at the dirt-action of the NACC or. Surveyor. 1.8 . Any chai)�;es in the submitted .plans , Notice of Intent, or resulting from the aforementioned conditions ritusL be sub- MiLLei to the NACC for approval prior to implementation. If the NACC finds , by majority vote, said changes to be significant and/or deviate from the original plans , Notice of IntcuL or this Order of Conditions to such an extent that the interests of Uhe Wetlands . Protection Act cannot be pro, tected by this Order of Conditions and would best be served by the issuance of additional' conditions, taken the NACC will cell for another public hearing within 21 days , at the expense of the applicant, in order to take_ tes timony' from all. interested ' ` parties . Within 21 days of the close of said public hearing, the NACC will issue an amended or new Order of Conditions . 3 - 5 , ORDER OF CONDITIONS : Lots l & 2 Salem Street 242-271 - r � 19. Any errors found in the plans or information submitted by the applicant shall be considered as• changes and procedures out- lined for changes shall be followed. 20. The provisions of this Order shall amply to and be binding upon the applicant, its employees , and all successors and assigns in interest or control . 21 . In addition to the requirements -of Condition No. ll. , the applicant must submit a letter, from a registered professional , cert~i.fyiny compliance with this Order of Conditions , Said letter. AT1 certify, but not be limited to the following: a, ''As--L'u:i..lt" elevations of all. drainage ways constructed with& 100 feet of any area: subject - to the [detlands 1'rnl,Lct�ion r1ct .. olovcTLlons and grades of all filled or altered Wetland Areas . U . Distances to all structures and alterations within 100 Feoi-, of any 1rcos subject to the Wetlands Protection ion Aqt . . T1 "^.S t0.7.t " t0l)0;,, r:,aphic plan of: all areas within the jurii" dict'i_on of the, .V;eiJands Protection Act must be submitted when a CorkKr.j.c.t.r_ 01_ Wnpl. Nance Qs requested. 22 . vllo l)ors of Uie NACC shall trove the right to enter tenon and inspect- the premises t o evaluate compliance withr_l i.s Order of: Condikinns , 25, Acceptod eugtneer. .i.ng and construction standards and pvocedures shall, be followed in the completion of die project, 24 . IsQuancc of these c.ondi_Llons •does not in any way imply or certify that the site or downstream areas will not be subject to f loc. d i%, storm damage, or any other form of damage due to wetness . 25 . A si.rrety performance bond or letter of credit running 10 the To ",n of: North Andover shall, be provided in the amount of $7000.00 whl.c:h 'flv-.Ill be in all respects satisfactory to Toren Counsel and L.hn. Nlort:h Andover. Conservation Comini.ssion and shall be posted with the Treasurer of the Town of North Andover before Commence- ment, of work. Said bond or letter of credit shall, be conditioned on t-lie completion` of V1L.. 0nditions hereof, shall be si ned by ci party or parties satisfactory to the Conservation Comm ssi,on 'Ind Town Counsel , and shall be released after completion of the project, provided that provision, satisfactory to the- Commission has been made for performance of any conditions which are of a -- - - - conti.nuing nature . -4- LoLs I 5Alem ` -ce L 2.42--271. , Issued By >`Iot-1 l t Andoyhr. Conservation Commission Signature(s) This Ord r must be signed by a majority of the Conservat n Commission.' . E On Ills 8 r lz day of, Jtme j 9 85 ; tie fora mo porsonally appeared Guillermo V3.Gens 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. I Notary Public My commission expires l '' The applicant,the owner,any porsoa aggiloved by this Order,any ownar of land abutting the land upon which the proposed work Is Io be done or any ten residents of the•'aly or town In whlelt such land Is located ore hereby notified of their right to request the Departmenl of rnvlronmental'Qtintity hnolneerina to Issue a Superseding Order,providing the request Is made by certified mail or hand delivery to r } tho Department within ten days from the dato of issuance of tills Order.A copy of the toquost shall at tho.samo time be sent by certified r mail or hand delivery to the Consorrva.11on Commission end tho applicant. . c f r Dotacta on dolled line and saibnatl to tho, --- Prior to commancomant of work, i ........................ ... ................. . ..... ........................................................... ........................,........,........,................................. ,,...,...,. To— --- Issuing Authority { Please be rsdvised that the Order of;;and"`ins for the project at_--- File Nur,ttarar has bean recordud at the rleglatry.of and l has been noted in the chain of title cl the affected properly in accordranco with General Condition 8 on__ 19_— If rtcordud land, the Insiruarteni(jtrn,!)er which Idenfifies this Iransocllon Is If registered land, lho document nur',her which Identifies this transaction Is r : _K. ApplrCanl Ur�ecrc�ve ���cce to o/{onvi)(0n;P ie�da/Alley6o 0,2202 NIECFlAEL S, pUKAKIS rILLSG/y F GOVERNOR JAMES S. HOYTE SECRETARY CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Route 114 Offices PROJECT LOCATION : North Andover EOEA NUMBER : 5780 PROJECT PROPONENT : Elm Square Builders DATE NOTICED IN MONITOR : November 12 , 1985 Pursuant to the Massachusetts Environmental Policy Act (G.L. ,c. 30,s . 62-62H) and Section 10.04 (9) of the regulations Implementing MEPA (301 CMR 10.00) , I hereby determine that the above project does not require the preparation of an Environmental Impact Report . Should the DPW require acceleration/deceleration lanes and/or restriping of Route 114 in the vicinity of the site driveway, to provide a turning lane for southbound traffic, they can readily be accomplished within the existing layout . The proponent Is advised to consult with the Corps of Engineers for the proposed activity in wetlands (see EPA comment) . In addition, the proponent should be aware that if the project is modified at some point to include some industrial uses, an industrial discharge permit will be required from the Division of Water Pollution. December 12 1985 x _C) C I t�� I�/V! DATE ES S . HOYTE, SECRET Y JSH/JW/bk 1 UNITED STATED ENVIRONMENTAL PROTECTION AGENCY REGION I J.F. KENNEDY FEDERAL BUILDING, BOSTON, MASSACHUSE-rTS 02203 � i December 2, 1985 Samuel G. Mygatt, MEPA Director I"? Er, E IV F D Executive Office of Environmental Affairs 20th Floor - 100 Cambridge Street utu 2 � Boston, MA 02202 I Attention: MEPA Unit--EOEA No. 5780 (DEQE File No. 242-271) Grricc OF THE SECRETAC,`I OF l't;','IrCA1E1cNTAL AFFAIRS Dear Mr. Mygatt: We have reviewed the Environmental Notification Form (ENF) for the proposed Route 114 (Salem Turnpike) offices in North Andover proposed by Elm Square Builders in regard to wetland concerns. 'i According the ENF, there are 2.5 acres of wetlands on the 6.55 acre site. Approxi- mately 3y000 square feet of wetlands is proposed to be tilled for buildings and j parking area. An additional 3,000 square feet of wetlands will be filled for highland access. in compensation, the proponent intends to create 6,5U0 square feet of wetlands by excavation in highlands adjacent to the wetland. It appears that the project site is in a small drainage "headwater" area which i normally would fall under the Corps of Engineers Nationwide Permit as described at 33 CFR S330.5(a)26. The Ccv=nwealth of Massachusetts has denied Section 401 water quality certification for the Corps of Engineers Nationwide Permit 26 and has indicated that individual Section 404 permits will be required for all dis- charges previously authorized under this nationwide permit. By copy of this letter, we are notifying the Corps of Engineers of the project. The proponent must contact the Corps and obtain a 404 permit before any fill can be placed in these wetlands. As designed, the project may fail to ccmply with the 404(b) (1) guidelines (Section 230.10(a)) . ,.For further coordination on this matter, please call Edward Rainer of my staff at 617-223-0767. Sincer6ly 'yours, I Larry Brill, Chief Planning and Standards Section CC: NEDACE, Waltham, MA, Attn: William F. Lawless, P.U. USkWS, Concord, NH, Attn: Nancy Hansen MACC, Medford, MA, Attn: Lois Bruinooge MADEQE DWPC, Boston, MA, Attn: Judy Perry i