HomeMy WebLinkAbout242-647, 351 Willow Street (Lot A) OOC - Permits #242-647 - 351 WILLOW STREET 7/7/1993 t' RECEIYED
DANIEL L-].IG
310 C1AR 110.99 TOWN CLE IK
NORTH '„;t;";YE R
Form 5 t�.no 242-647
JUL 19 Iz 18 P� '9 (TO CeOVV mcrOEM
� Gty.7own North Andover
= Commonwealth
of Massachusetts Aaoucani Realty t
Lot A (#351) willow Street
'= ATP£ST:
Order of Conditions A True Copy
Massachusetts Wetlands Protection Act
G.L. C. 1 31, §40 f•
and under the Town of North Andover's Wetlands Bylaw, Chalfbtettt XMAJ
From NO M Amnoyi7m CQNISFRLZATTQ�
Gerald, Gary & Robert Ogan, Trustees
To Muffin Realty Triuqt Same
(Name of Applicaritl (Name of property ownerl
351 Willow Street
Adcress�North AnrinvaL}_� .Qi q/.5 Address
This Oraer is issued and delivered as follows:
_(date)
❑ by hand delivery to acolicant or representative on �1
('A by certified mail.return receipt reauestec on
This project is located at
The croaerty is recorced at trie Registry of
Boo 222 page MAQ
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Certi<icate (if re_istered)
The Nance of intent for this protect was tiled on
January t t qga (pile)
The oublic nearing was closed on June 16 199 ICatel
Findings
The has reviewea the above-referenced Notice of
Intent anc clans ana nas nets a Auzlir-neannG on;he c:pre=:. aasen on the infatrrauan avatiaote to the
NACC at this time. ine has oetermined that
tn.e area on wnic:l the or000sed work-is 10 be cone is significant to the tafiowing interests in accoroance wan
the Presurr:.uans of Significance set forin in me reguiaaans tor each Area Subject tb Protec::on Under the
Act.(t~:eck as aanroonatel: Ch.178 ❑ prevention of erosion and sedimentation
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pubic water suaaty ❑ Fioad conirot
❑ Land containing shellfish
Private water supply ❑ storm carnage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pottuuia C c 17 0 Protecron of wildlife habitat
EO
Ch. 178 ❑ Wildlife Recxeation
Total Ring Fee Sutmrned State Share_ �h�n
Cityi'Tawn Share $'275.00 (1/4 fee in excess c'sZ=)
'total Refund Dues City/Town Portion 5 State Parton 5
(1/2 total)
Frf�±:ve t1,011E2 '
Therefore, the North Andover Conservation Commission hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. 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
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.
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.
b . 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.
7 . The proposed work includes expansion of industrial building
plus additional paving and "sound fence" .
8 . The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by Mifflin Realty Trust.
(b) Plans prepared by Thomas E. Neve Associates, Inc./Stalman
Engineering Corp. , revised 5/12/93 .
9 . The following wetland resource area is affected by the
proposed work: buffer zone. These resource areas are significant
to the interests of the Act and Town Bylaw as noted above. These
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1242-647 1351 Willow Street 3
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resource areas are also significant to the recreational and
wildlife interests of the Bylaw. The applicant has not attempted
to overcome the presumption of significance of these resource
areas to the identified interests.
10 . The NACC agrees with the applicant' s delineation of the
wetland resource areas on the site as shown on the plans dated
revised 5/12/93 .
11. 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.
12 . 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 .
13 . The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct building expansion
will cause further alteration of the wetland resource areas. 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-disturbance zone and a fifty (50) foot
no-construction zone shall be established from the edge of the
adjacent wetlands. No disturbance of existing grade, soils or
vegetation is permitted in the no-disturbance zone. (See
Appendix 5 of the local Regulations) . Exceptions: from flag A3
to A7 as indicated on plans.
14 . All 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.
15. This Order of Conditions is issued in addition to those
issued under File No. 242-317 .
PRIOR TO CONSTRUCTION
16 . 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.
17 . This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods . No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
#242-647 #351 Willow Street.
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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 j
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.
18 . A sign shall be displayed at the site not less than two
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square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-64711 .
19 . Any changes in the submitted plans caused by the applicant,
another Board' s decision or resulting from this Order of
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. 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
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
20 . 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 j
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.
21 . The applicant shall submit a construction schedule/sequence
to -the NACC detailing the proposed sequence of work on site to
complete this project.
22 . Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
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#242-647 #351 Willow Street 5
23 . A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
indicated on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
24 . The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-eight
(28) hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
only for the control of emergency erosion problems, and shall not
be used for the normal control of erosion.
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25. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $5, 000 . 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
t conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel , and shall be released
I 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 local Bylaw.
DURING CONSTRUCTION
26 . Upon beginning work, the applicant shall submit written
progress reports every one (1) month detailing what work has been
done in or near resource areas, and what work is anticipated to
II be done over the next period. This will update the construction
sequence.
27 . 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.
i 28 . No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
i 29 . No regrading in the -buffer zone shall have a slope steeper
than 2 : 1 . (horizontal :vertical) . slopes of steeper grade shall be
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#242-647 #351 Willow Street 6
rip-rapped to provide permanent stabilization.
30 . There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
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31. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
32 . 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 (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
33 . Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
34 . 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.
35. 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 within one (1) business day. 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.
AFTER CONSTRUCTION
36 . 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' s Wetland Protection ByLaw.
37 . Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, 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 ' s Wetland Protection ByLaw.
36 . 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
242-647 #351 Willow Street 7
loaming and seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
39 . Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
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 structures
constructed within 100 feet of any wetland.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
C. Distances from structures to wetlands.
d. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
40 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
14 . Maintenance of catch basins .
35. Discharge or spillage of pollutants.
36 . Prohibition of storage of fuels underground.
37 . Limitations on the use of fertilizers, herbicides
and pesticides.
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41: As indicated on plans, applicant should construct a
stormwater detention pond as shown. Said pond shall be loamed
and seeded with applicant' s choice of vegetation and must be
stable prior to issuance of Certificate of Compliance.
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tssued By North'—Andover Conservation Commission
�1Signaturetsl I
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dv►�u dvt�t,,n7
'this Order must be signed by a majority of the Conservation Commission.
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On this 7 day of L 1993 , before me
personally appeared Ca�o2G E �! to me known to be the
person described in and who executed the loreyoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
Notary Public My commission ex ires
The aflwi=t,iris owner,any person aggrieved by this order,any owner of land abutting the land upon which the oromsea work is to be
pone.or any ten residents of iris city or town in wnich sucn Tana is located,are hersoy notified of their right to reauest the Depanmenl of
Environmental Protection to issue a 5uoerseding Order, oroviding Ins request is maas oy certified mad or hand aelivery to the Deoanment,
With Ins aopropnale filing fee and Fee Transmittal Form as provided in 310 CUR 10.03(7),wrlhm ten days tram the date of issuance of this
Determination.A copy of trio request snail at ins same time be sent by cenified mad or hand delivery to the Conservation Commission
and the applicant.
If PP
you wish to appeal this decision under the Town Bylaw, a complaint
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must be filed in Superior Court.
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Detach on dotted line and submit to the North Andover Con se prior to commencement at wCrx.
To NORTH ANDOVER CONSERVATION COMMISSION ISsuvig AuJndrory
Please De advised that the Order of Conditions for the protect a Lot A l�351 W w t ee
�-ie Numoer 242-64 has peen recorded at the Rearstry of Deeds No tnc
has been noted on ins train of litte of the allectec orooerty in accordance wrtn General Condition 8 an t 9
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It recoraed land. ins instrument numoer wnicn sdenoties mis ttan action is
II registered tang. the oacument numoer wnich iaenuhes Ines transaction is
3icna:ure
Accl-c_n'
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RECEIPT NUMBER: 5932
DATE: 87/19/1994 TIME: 10:89A
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Essex County North District,MA
OFFICE OF THE Register of Deeds
ISSUED TO:
oalat:t THOMAS HEVEINC.� Ora & ASSOCIATES INC eYV C nt prior t0 Commenceme 01 wdrk.
............. ................................................................................................. j
'ON 'SSL',�G nulr+Cliv
To— INST NO. TYPE DOC
TOTAL
Please A 0351 Willow Street
"eNu _ Deeds. North--Essex Jnc
21235 Wan 0.29
has or 14.60 :g with Generai Conaow A en +4
It rim on
CHARGE 0.00 on is
11 regi CHECK S 1} 14.29
1 14.29
Sicna, CASH 9.89
CHANGE
THANK YOU! Thnaas r Burke
Register of Deeds