HomeMy WebLinkAboutMiscellaneous - 77 BEAR HILL ROAD L1MassachusettsDepartment of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1658
WPA Form 5-Order of Conditions eDEP Transaction#:771279
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended DOC
3.Applicant Details
a FhstName DAVID b.LwName MCGILLVRAY
c Organization
d.MailingAddmw 77 BEAR HILL ROAD
C.City/fown NORTH ANDOVER E State MA g.Zip Code 01845
4.Property Owner
a First Name DAVID b.Last Name MCGILVRAY
Q Organization
d Mailing Address 77 BEAR HILL ROAD
e.CityTo vn NORTH ANDOVER E State MA g.Zip Code 01845
5.Project Location
a.Strect Address 77BEARHILROAD
b.CSty/Cown NORTHANDOVER c.Zip Code 01845
d.Assessors MapPlat#64 e.ParccULod 81
f Latin& 42.67892N g.Longitude 71.08997W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 7319 209
7.Dates
a Date NOI Filed:8/172015 b.Data Public Hearing Closed: 826/2015 c.Data Of Issuance:9/102015
S.Final Approved Plans and Other Documents
a.Plan Tia.: b.Plan Prepared by: a Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PLAN TO
ACCOMPANYA
NOTICE IN NORTH BPARAGES �WILLIAMS
BU
INTENT RICHARD L.WILLIAMS,P.E. August 27,2015 1"=20'
ANDOVER,MA#77
BEARHILLROAD
Page 1 of 9•ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MaaaDEP File#:242-1658
WPA Form 5-Order of Conditions eDEP Transaction u:771279
Massachusetts Wetlands Protection Act M.G.L.a 131,§40 City/rownNORTH ANDOVER
e.my dredged f.cly dredged
7.r Bordering Land Subject to Hooding
a square feet b.square fed c.square feet d.square fed
Cubic Feet Flood Storage
e.cubic fat Cc feet g.whit feet h.cubic feet
8.1-Isolated Land Subject to Flooding
a.square fed b.square feet
Cubic Feet Flood Storage
c.cubic fed d.cub's feet e.orbic feet f.cubic fat
9.r Riverfiont Arca
a mtal sq.feet b.total sq.fat
Sgftwidun l00ft
c.square feet d.square feet e.square Ceet f square feet
Sq ft between 100-200 ft
TN—feet h square feet i.square frd j.square fee[
Coastal Resource Area Impact:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Pon Areas Indicate size under IardUnderthe Ocean,below
11.r Land Under the Ocean
a square feet b.square fat
c.cly dredged d.cly dredged
12.r Border Beaches Indicate size under coastal Beaches and/or coastal Duties below
13.r-Coastal Beaches
T square fat b.squarefeet To-ynouwhmwt d.clymurislrmcm
14.r Coastal Dures
asquaefeet b.sgearefed arty mmistuaerrt it dy mtu barcur
15.r Coastal Banks
a0nearfed b.Haar feet
16.f Rocky Intertidal Shores
a square fed b.square feet
17.r Salt Marshes
a square feet b.square feet c.square feet d.square feet
18.r Lard Under Salt Ponds
a square ted b.square fed
c.cly dredged d.cly dredged
Page 3 of 9•ELECFRONIC COPY
Massachusetts Department of Environmental Protection Provided by MascDEP:
i'_ Btuesu of Resource Protection-Wetlands MassDEP acti:742-1658
771279
WPA Form 5-Order of Conditions CoyeDEown NORTH
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
CiTy/I'own:NORTHAhiDOVER
rmtil all proceedings before the Department have been completed.
9. No work shall be undertaken will the Order has become fatal and lien has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is locate4 within the chain of title of the affected property in the case ofremmded land,
the Final Order shall also berated in the Registry's Gmnmr Index under the name ofrbe owneroftle lend upon which the
proposed work is to be done.hithe case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of rhe ownerofthe land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the to.a[the end of this Order,which form must be stamped by the Registry ofDoeds,
prior m the cormnereemerd of work.
10. A sign shall be displayed a the sire not less thea two square feet or mom than duce square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"j
File Number"242-1658"
11. Where the Department of Environmental Protection is requested m issue a Superseding Order,the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission
13. The work shall codorm to the plans and special conditions referenced in this order.
14. Any change tome plans identified in Condition#13 above shall require the applicant in inquire of the Conservation Commission
in writing whether(be change is significant enough in require lie filing of a new Notice of Intent
15. The Agent or members of the Conservation Commission and the DepartnensofEnvimnuental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stared in this
Order,and may require the submittal of my data deemed necessary by the Conservation Commission or Department for that
evaluaton
16. This Order of Conditions shell apply to any successor in interest or successor in control of the property subject te,this Order and
many contioner or other person perfomhing work conditioned by this Order.
17. Prior to the stmt of work,and if the project involves work adjacent in a Bordering Vegetated Welland,the boundary of the
wedand in the vicinity of the proposed work area slhalI be marked by wooden stakes or flagging.Once in place,the wetland
boundary maims shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair will all disturbed areas have been fully smbilvedwith vegetation or
other means.At no time shall sediment be deposited in awedand or water body.During concoction,the applicant or his/her
desig a,shall inspect the erosion controls on adaily basis and shall remove accumulated sediments w needed.The applicant
shall immediately coram)any erosion problems thst occur at the site and shall also immediately notify me Conservation
Commission,which reserves the right require additional erosion and/or damage prevention amounts it may deem necessary.
Sedimentation bamers shall serve n the limit of work unless another limit of work If=has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is net(2)F subject to the Massachusetts Stormwater Standards.
If the work is subject in Stormw okr Standards,then the project is subject to the following conditions;
a) All wodr,including site preparation,land dislmbance,construction ardredevelopmers,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
S Wmhwme Pollution Prevention Plan required by the National Pointed Discharge Elimination System Construction General
Permit ss required by Smrmwtaer Standard 8.Construction period erosion,sedimentation and pollution central measures and
best marwgement practices(BMPs)shall remain in place until die site isfnlly stabilised.
b) No smummer runoff may be discharged in the post-construction smmovaner BMPS unless and until a Registered
Proke ma)EngincerphovidesaCerlificadond :i all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification Emory construction period BMPS intended to be cmrvertedro post construction
operation for snrmwater atenuation,recharge,and/ortreatmem,the conversion is allowed by the MwsDEP Somhwarr
Page 5 of 9-ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MasDEP:
Bureau of Resource Protection-Wetlands MmDEPFOe#:242-1658
WPA Fonts 5- Order of Conditions eDEP Tmoseramm#:771279
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Cityllbwn:NORTH ANDOVER
stormwamr BMPs shall include access gates and shell be at least sic inches above grade to allow for wildlife passage.
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands.bylaw a ordinance applicable?r Yes r- No
2. The Conservation Commission herebv(check one that a oho ies):
a. r DENIES the proposedworkwhdch eametbe conditionedto
meet the standards set forth in a municipal ordinance or bylaw
si>.ficalY
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and and a revised Notice of Intent is submitted which provides
measures which are adequate m meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a mwicipal ori invee or bylaw:
b. r APPROVES the proposed work,subjeato the following
additional conditions.
NORTHANDOVER
1.Municipal Ordinance or Bylaw WETLA TON 2.Citation CHAPTER 178
PROTEBYLAW
3. The Commission orders do all work shall be perfumed in accordance with the following conditions and with the Notice of
board referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice oflntent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED
Page 7 of 9•ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by Ma1
Bureau of Resource Protection-Wetlands MassDEP File#:242-1658
WPA Form 5-Order of Conditions eDEP Transaction#:771279
Massachusetts Wetlands Protection Act M.G.L.c.131,§40 City/Ibwn:NORTH ANDOVER
G. Recording Information
This Order of Conditions most be recorded in the Registry of Deeds athe Land Cour for the district in which the lend is located,
within tM chain of title of the aftectedproperty.In the rase of recorded land the Final Ordersha8 also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case ofregisrened land this Order shall also be
acted on the Land Cowl Certificate ofTitle of the owner ofthe land subject to the Order of Conditions The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Co..
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission-
......I........................................................................ ..........—......................................—....
To:
NORTH ANDOVER
ConservabonCommissim
Please be advised that the Order of Conditions for the Pmject m:
77 BEAR HILL ROAD 242-1658
Pmjectlecaaon MessDEPFile Number
Has been recorded aihe Registry of Deeds of
County Book Page
for.
Property Owner DAVE)MCGE.LVRAY
and has been noted N the chainoftifk of ft affected property in:
Book Page
In accordance withthe Order of Conditions issued on:
Date
Ifrecorded tend,the inahnment number identifyingthistmnsaction is:
Inshmnen[Nwnber
If eoslered land,the document number idemilyingtldst ansoction is:
Document Number
Sigrsatrne of Applicant a-ar�rzo,a
Page 9 of •ELECTRONIC COPY
DEP FILE #242-1658
Titled: Plan to Accompany Notice of Intent in North
Andover, MA,#77 Bear Hill Road
Dated: August 12, 2015
Last Revised: August 27,2015
Signed and Stamped by Richard L.Williams,P.E.
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. 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. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. 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.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information,measurements, photographs,
observations, and/or materials,or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26.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.
27.The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thi t
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
242-1658,77 Beer Hill Rd OOC Special Conditions 2 NACC 9/112015
DEP PILE N 242-1658
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
38. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
39. 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.
40.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 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 Conumssion on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. 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 DEP,File Number 242-1658."
42. Any other 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. No work shall begin on a
project until written approval has been granted by the NACC.
242-1658,77 Bear Hill Rd OOC Special Conditions 4 NACC 9/11/2015
DEP FILE#242-1658
the NACC before commencement of work. Said 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 provisions,satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary 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.
49. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent)as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site, during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes.The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photos from the"Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts.The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event)to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to construction,the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone"/edge of tree line on the"A-series" wetlands with signs or markers
spaced evenly every 30 feet incorporating the following text: "Protected Wetland
Resource Area' and the associated rules (1 square for every 3 round markers). These
markers will designate the sensitivity of the resource area and assure no further
inadvertent encroachment into the wetland. These permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. These markers shall remain posted and be replaced as necessary
242-1658,77 Hear Hill Rd OOC special Conditions 6 NACC 9/112015
DEP FILE#242-1658
56. Upon beginning work,the applicant shall submit written progress reports weekly(as
part of the erosion control monitoring report Condition#50 above) 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.
57. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw(including the Buffer Zone). If emergency
de-watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
58. 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 on any
of the foregoing.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,learned and seeded prior to November 1st of each year.Outside of the
growing season,exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method(as directed by the Conservation Department)
until climate conditions allow for seeding. During construction,any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
61.There shall be no stockpiling of soil or other materials within 50-feet of any resource
area.Stockpiled materials shall be stored in the area designated approved by the
Conservation Department at the preconstruction meeting.
62.Washings from concrete trucks, or surplus concrete,shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
63. All waste generated by,or associated with,the construction activity shall be contained
within the limit of work,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. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
242-1658,77 Bear Hill Rd OOC Spxial Conditions 8 NACC 9/112015
DEP FILE #242-1658
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s)and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to)septic systems, additions,fences, sheds,stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes my disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
72. The following special conditions shall survive the issuance of a Certificate of
Compliance(COC) for this project:
D A 25' No-Disturbance Zone and a 50' No-Build Zone shall be established
from the edge of adjacent BV W under DEP#242-1658. Future work within
100' of existing wetland resource areas will require a separate filing with the
NACC(See Section 3.1 &3.4 of the Regulations for performance standards
within these zones).The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
242-1658,77 Beer Hill Rd OOC Special Condido. 10 NACC 9/11/2015
DEP FILE#242-1658
APPENDIX A-AFFIDAVIT
i, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
&/or
2._ I a n the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. thereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant or owner)
242-1658,77 Bear Hill Rd OOC Special Conditions 12 NACC 9/112015