HomeMy WebLinkAboutBOARD OF PUBLIC WORKS t
310 CMR 10.99
Form S DEP File No. 242-522
fro be wovided by DEP)
r Commonwealth Ciry"Town North Andover
of Massachusetts ADDIiCant North Andover Division
— -
of Public Works
Bradford & Stevens Sts. , (Water Main)
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw, Chapgeer3.5
From NORT4 ANDOVER CONSERVATION COMMISSION
North Andover Division of
To PubligWorks Town of North Andover
(Name of Appiicant) (Name of property owner)
Address 3$4 Osgood St. , No. Andover, MA Address 120 Main St. , North Andover
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This Order is issued and delivered as follows:
M/by hand delivery to applicant or representative on -7 � ��/�D (date)
da r '�
by certified mail. return receipt requested on ( "r
This project is,located at
Water Main Bradfirir?d Ora ct eet s, No Andnva "—
The property is recorded at the Registry of Northern Essex +=
Book N/Ar Page N/A
Certificate(if registered)
The Notice of Intent for this project was filed on January 4, 1990 (date)
The public hearing was closed on January 17 1990 (date)
Findings
The on Commi sa on has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
_ NA-Cr at this time,the NACC _has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
Pubiic water supply /Mood control C1 Land containing shellfish
Private water supply 3 Storm damage prevention I /Fisheries
(!s Ground water supply &I"Prevention of pollution Cg Protection of wildlife habitat
Total Filing Fee Submitted N/A State Share N/A
Cityrrown Share (V: fee in excess of$25)
Total Refund Due S CityfTown Portion 5 State Portion S
(1/2 total) ('/a total)
Effective 11/10/89 5.1
y .
242-522Bradford St. and Stevens St. water Main 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
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department have been
completed.
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242-522 Bradford St. and Stevens St. Water Main 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 242-522".
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) Notice of Intent dated December 1989 by Weston & Sampson for
the Town of North Andover.
(b) Plan entitled " Bradford Street and Stevens Street Water Main
Improvements" dated January 1990, prepared by Weston and Sampson.
13. The following wetland resource areas are within the 100'
buffer zone of the proposed work: bank, land under water,
bordering land subject to flooding 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.
14. The NACC generally agrees with the applicant's delineation of
the wetland resource areas on the site as shown on the plans.
Y
242-522Bradford St. and Stevens St. Water Main 4
PERFORMANCE & DESIGN STANDARDS
15. Prior to any activity on site, the applicant shall submit a
construction schedule/sequence and an erosion control plan to the
NACC for review and approval. The construction sequence shall
integrate the erosion control measures in the construction
program, the erosion control plan shall specifically address the
measures to be taken to insure that no silted runoff will enter
wetlands during any pumping/dewatering operations. Temporary
stilling basins to trap sediments shall be constructed a minimum
of 100 feet from any wetland in locations approved by the NACC or
its agent.
CHANGES
16. 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.
17. 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
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.
CONSTRUCTI
18. 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.
19. The applicant shall submit, to the NACC, a written progress
report every 3 months detailing what work has been done in or
242-522 Bradford St. and Stevens St. Water Main 5
near resource areas, and what work is anticipated to be done over
the next period. This will update the construction sequence
listed above.
20. 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.
21. 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.
22. 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.
23 . 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.
24. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
25. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
26. 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.
27. 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
242-522 Bradford St. and Stevens St. Water Main 6
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.
28. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS
29. 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.
30. 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.
31. The conditions of this decision shall apply to, and be
binding upon, the applicant, its employees and all successors and
assigns in interest or control.
32. 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 $5000 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,
33 . 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 or Landscape
Architect, certifying compliance with this Order of Conditions
and the approved plans referenced herein (or approved revisions) .
D.E.P. #242- 522 Bradford & Stevens Streets (Water Main) North Andover, MA
Issued By NORTH ANDOVER _ Conservation Commission
Signature(s).d1M� �-- ► Ol�ia�
00
This Order must be signed by a majority of the Conservation Commission.
On this 31st day of January 1990 before me
personally appeared Paul L. Tariot to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
eMme as his1her free act a deed.
r '
e _ September 9, 1994
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 Deparlment 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 fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the dale of
Issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and the applicant
If you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court.
7
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To Issuing Authorily
Please be advised that the Order of Conditions for the project at Stevens & Bradford Sts. , No. Andover
File Number 242— 522 has been recorded at the Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition B on—
If
n If recorded land, the instrument number which identifies this transaction is
If registered land,the document number which identifies[his transaction is, __---- -
Signature Applicant
5-4A
- Any appeal shall be filed
REQ ,, rD MUM BEANO
within (20) days after the
TOWN' ".c8 TOWN OF NORTH ANDOVER date offiling ofthis Notice
MASSACHUSETTS in the Office of the Town
JUN ��i � Os �$ Clerk.
FO a
A
xs x
June 16 , 1983
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , Mass . 01845
Re : North Andover Board of Public Works - Special Permit in
Watershed District - Installation of 61050 feet of eight
inch ductile iron pipe on Great Pond Road , Osgood Street ,
and Sutton Street .
Dear Mr. Long :
The North Andover Planning Board held a public hearing on Monday
evening , June 6 , 1983 in the Town Office Meeting Room upon the
application of the North Andover Board of Public Works . The
hearing was advertised in the North Andover Citizen on May 5 and
12 , 1983 and all abutters were notified by certified mail . The
following members were present and voting: Michael P. Roberts ,
Vice Chairman ; Walter R . McDonough , Clerk ; Erich W . Nitzsche ;
and John J . Burke .
The petitioner seeks a Special Permit under Section 4 . 133 of the
Zoning By Law so as to permit the installation. of 6 ,050 feet of
8 inch ductile iron force main located within 250 feet from the
annual mean high water mark of Lake Cochichewick , . the affected
site being Great Pond Road , Osgood Street , and Sutton Street , lo-
cated in a mixture of zoning districts .
The proposed project will provide sewer to the area North of
Lake Cochichewick .
Mr . Joseph Borgesi , representing the Board of Public Works , tes -
tified that
estified' that his department is responsible for protecting the
. decrease
water supply and that the installation of said sewer will decre
the potential for water contamination from septic system failure
in future years .
RECcp/cD
Board of Public Works DAM"; ` ^HG
TGV,p "_.ERK
Special Permit - Watershed District NORT4NOOVER
Great Pond Road, Osgood Street , and Sutton Street
Page 2 JUN 16 !! Oa AN '83
Upon a motion made by Mr. Burke and seconded by Mr . McDonough , the
Board voted unanimously to grant the Special Permit subject to the
following conditions :
1 . That the construction of the 8 inch ductile iron pipe shall
comply with the Conservation Commission ' s Order of Conditions ,
issued June 8 , 1983, D. E. Q. E . File # 242-196 .
2 . A no cut buffer zone shall exist 150 feet from the annual mean
high water mark of Lake Cochichewick ,. according to Section 4. 133
Paragraph 3 (c ) of the Zoning By Law , unless conditioned upon
the granting of a variance from the North Andover Board of
Appeals .
In granting the Special Permit , the Planning Board finds , pursuant
to Section 10 . 31 of the Zoning By Law that:
a ) The specific site is an appropriate location for such a use ;
b) The use as developed will not adversely affect the neighborhood ;
c ) There will be no nuisance or serious hazard to vehicles or
pedestrians ;
d ) Adequate and appropriate facilities will be provided for the
proper operation of the proposed use; and
e ) The use is in harmony with the general purpose and intent of
the Zoning By Law.
Sincerely ,
PLANNING "ARQ���
Michael P. Roberts ,
Vice Chairman
jw
cc Highway Surveyor
Board of Health
Conservation Commission
Fire Chief
Building Inspector
Parties in Interest
Applicant